Lord Paddick
Main Page: Lord Paddick (Non-affiliated - Life peer)
Lord Ponsonby of Shulbrede (Lab)
My Lords, the Minister got a rough ride on Monday when he answered a PNQ on visa restrictions for Ukrainian refugees. The whole House was frustrated by the Government’s response. Since then—yesterday—we have had the Home Secretary’s Statement in the other place, and there was moving applause for the Ukrainian ambassador at Prime Minister’s Questions today.
Today, the Ukrainian people face horrors of a potential scale that we have not seen in Europe since the Second World War. The whole of Parliament wants the Government to ensure that we play our historic role as a welcoming country for refugees and play our part in providing support for the Ukrainian people in their hour of need. I want to repeat many of the questions that my right honourable friend Yvette Cooper asked yesterday to better understand the answers. In saying that, I freely acknowledge that this is a rapidly evolving situation.
First, in the past few days, there has been some confusion over which family members can join UK nationals and those settled in the UK. We welcome that the Government have listened and extended the types of family members who are able to join loved ones safely in the UK. I have read estimates of between 100,000 and 200,000 family members. Can the Minister comment on that? Can he also confirm that, whatever the number is, it is not capped?
Secondly, many people, mainly women and children, are fleeing today’s terror. They will want to stay close to home, in neighbouring states—a point repeatedly made by the Minister on Monday. What will be done to support these front-line states? We may not be in the EU any more but we are in the Council of Europe, and these countries are our friends, with the same values as us. We should do everything we can to support refugees in front-line states.
Thirdly, the Government have said that the family reunion scheme will be free, but there are reports that some people are being charged to access visas to join family here. Can the Minister guarantee that people can now access the family reunion scheme for free? Further, does the sponsoring family member have to be a British national or have indefinite leave to remain? What about Ukrainians who are here on work or study visas, or those who come here as lorry drivers or on visitor visas?
Fourthly, have the Government considered an emergency humanitarian or protection visa that could still include all the significant security and biometric checks the Home Secretary has talked about but could be done swiftly and go broader than family members?
Fifthly, the humanitarian sponsorship pathway announced in the Statement is a community sponsorship scheme. We welcome this, but the existing community sponsorship scheme takes a long time. What will the Secretary of State do to ensure that the scheme can work quickly? How many people do the Government hope to help in this way, and when can we expect the first Ukrainian refugees to arrive under this scheme? The Government’s Statement does not include a resettlement scheme. What plans are there to go further and provide a resettlement scheme in addition to the community sponsorship?
I understand that this is a fast-moving and desperate situation. I ask that the House gets regular updates; I am sure that it will. As I said in opening, the Minister got a hard time on Monday. I hope that in this short debate we can focus on the practical things the Government are going to do to ameliorate the situation of our friends and comrades in Ukraine in their hour of need.
Lord Paddick (LD)
My Lords, we all condemn Russia for its unjustified aggression in Ukraine and stand with the Ukrainians in their heroic defence of their homeland, but not everyone can stay and fight. There will be many vulnerable Ukrainians who need at least short- to medium-term sanctuary—in particular, women, children and older people need to be removed to safety.
My understanding is that this Statement is now out of date, following the intervention of the Prime Minister overnight. The Statement talks about a new route, but can the Minister confirm whether all these people will still need a visa to come to the United Kingdom? Can he also confirm that under the provisions of the Nationality and Borders Bill—were it to be in force—they would all be committing a criminal offence with a maximum sentence of 10 years imprisonment if they came to the UK without a visa, and that because there is no direct route from Ukraine to the UK, they would be treated as second-class refugees? Does not the Ukrainian humanitarian crisis highlight exactly why many noble Lords oppose the provisions of the Nationality and Borders Bill?
Can the Minister also confirm that the elderly parents of a Ukrainian national settled in the UK can now be brought to the UK, but only after the Prime Minister overruled the Home Secretary, who wanted to restrict the new arrangements to close family members only? In the Statement, the Home Secretary talked about 100,000 Ukrainians eligible under government schemes. Since then, the Prime Minister has said that the number is 200,000. What is the number now?
The Home Secretary gave the excuse for not allowing visa-free entry that security and biometrics were a fundamental part of our visa approval process. She went on to say that Russian troops are infiltrating Ukraine and merging into Ukrainian forces and that intelligence reports state the presence of extremist groups and organisations that threaten the region but also the UK. Can the Minister confirm that the Russian army includes octogenarians and child soldiers?
We are talking about women, children and the elderly—the vulnerable who need the safety and security we, and their families here in the UK, can provide. What is the security risk that women, children and the elderly could potentially be Russian soldiers or members of extremist groups that threaten the UK? As the noble Baroness, Lady Kennedy of The Shaws, said earlier this evening, why can people’s security status not be established on arrival in the UK?
The Statement says that the Government are extending the visas for Ukrainian temporary workers “in some sectors” who can now stay until at least December 2022, primarily because people cannot return to Ukraine. In what sectors are Ukrainian temporary workers employed in the UK where they can safely return to Ukraine?
The Statement says that Britain continues to lead—how can that be true when Poland and other EU countries are allowing visa-free entry and the UK is not?
In the Commons on Monday, the Home Secretary tried to link measures, such as the temporary ban on the issuing of visas to nationals of a country that threatens international peace and security, to the Nationality and Borders Bill. She said:
“Those powers will be available as soon as the Bill receives Royal Assent. The sooner that happens, the sooner this House and all Members can collectively act.”.—[Official Report, 28/2/2022; col. 701.]
Are the Government really saying that they cannot stop issuing visas to Russian nationals in a time of crisis such as we are facing now without new primary legislation? I thought Brexit was about taking back control of our borders. Is the Minister seriously suggesting that they cannot, today, stop issuing visas to the citizens of a hostile foreign state? I look forward to the Minister’s response.
Lord Sharpe of Epsom (Con)
My Lords, I thank the noble Lords, Lord Ponsonby and Lord Paddick, for their questions. I also thank the noble Lord, Lord Ponsonby, for reminding me of Monday. It was a little bit difficult, but as I am sure he is aware, I did not actually have the full information—or indeed any information. However, I will endeavour to do a little bit better now. However uncomfortable it was for me, we should certainly remember that it was a good deal more uncomfortable for those people in Ukraine fighting for their sovereignty, so that is worth bearing in mind at all times.
If I may, I would like to start by craving Noble Lords’ indulgence and making a couple of general points to address questions which I have not been asked but which are important and germane and came out of the House of Commons debate yesterday. I echo the comments of the noble Lord, Lord Ponsonby, about the response given to the Ukrainian ambassador as he arrived in the other place today. It was genuinely moving, and I think it is a sign that the Commons, and, indeed, your Lordships’ House, is united in support of the people of Ukraine and all those who are working tirelessly for it. I also echo the comments of my noble friend Lord Ahmad when he spoke about Ukraine the other day and thanked the Opposition Benches for their help and support through this process.
The question I would like to answer which I have not been asked, but which came up a lot in conversation in the other place, is what Members might like to be able to do if they get petitioned with individual cases, because I cannot talk about them for obvious reasons. Just to give an idea of some of the help that is available, individuals can refer to GOV.UK or contact our free helpline. I am going to give the number very carefully so that Members can refer to it in Hansard. The number is: 0808 1648810. Noble Lords can ask for advice on those cases. It is a free helpline and it works around the world. If, for any reason, noble Lords cannot get what they need from that helpline—and that should not be the case—we suggest referring via a constituency MP in the usual way. If, for any reason, that does not work, there is a Portcullis House referral system. Just in case any noble Lords have any individual cases that may need addressing, I thought it was worth pointing that out.
In order to answer the various questions that I have been asked, I am going to run through the scheme as announced. Before I do, I want to point out that this is a unique scheme that has not been done by this country before. We have established the Ukrainian family scheme, which will significantly expand the ability of British nationals and people settled in the UK to bring family members to the UK. As my noble friend Lady Williams has just said, that extends the eligibility to adult parents, grandparents, children over 18, siblings and all of their immediate family members. Under this scheme—which will be free—those joining family in the UK will be granted leave for an initial period of 12 months. They will be able to work and to access public funds. Given the range of family members who will be able to come through this route, we estimate—the numbers are inexact for obvious reasons, but this is the best estimate I have—that it might help around 140,000 people to come to the UK. I stress, however, that this is not a capped number, so, in a sense, it does not matter what number I give here, because it is not capped.
We will make emergency changes to Immigration Rules on 15 March to create this route, but we are introducing a concession to the existing rules to enable families to apply via a bespoke application process no later than Friday 4 March—this coming Friday. If people call the helpline before that, someone will get back in touch with them. We will also consider anyone who applied on the existing family route, or existing concessions, under the new scheme if they do not meet the rules. The noble Lord, Lord Ponsonby, asked me about fees: any fees that have already been paid will be refunded. There are no other barriers: all the usual requirements around language and salary, for example, have been removed.
That will mean that although we would encourage Ukrainians not to apply before Friday, we do have mechanisms for those in urgent need to apply now. Eligible family members who have already made applications under the existing family rules will be considered under the Ukrainian family scheme if they do not meet the family rules. As I have said, they will also have their application fee and any applicable immigration health surcharge payments refunded.
Secondly, we have committed to establishing a Ukrainian sponsorship humanitarian visa offer, which will open up a route to the UK for Ukrainians who do not have family ties with the UK, but who we will match with individuals, businesses, community organisations and local authorities who are willing and able to act as a sponsor. All those benefiting from this offer will also be granted leave for an initial period of 12 months and will be able to work and access public services.
The Home Office will be working closely with the UNHCR and others on the ground to ensure that displaced Ukrainians in need of a home who wish to come to the UK are aware of this offer and are able to apply. DLUHC will be leading on this offer. It will work with the devolved Administrations to ensure that individuals and organisations who want to sponsor an individual or family can volunteer to do so, and they will be matched with Ukrainians in need. Again, there is no arbitrary limit on this scheme: we will welcome as many Ukrainians as wish to come and for whom we have sponsors. I anticipate that DLUHC will be working with local authorities and charities, but the department would welcome thoughts and suggestions on that particular route. The noble Lord, Lord Ponsonby, asked me if only family members can sponsor. British nationals or settled persons can sponsor, not those with temporary leave; but, as I said, we would encourage people to apply anyway.
Turning to the subject of visa waivers, in essence, the noble Lord, Lord Paddick, asked me why we will not go further and announce a visa waiver. Visas are an important security tool and are entirely consistent with all our other Immigration Rules. There is a risk that hostile actors or other individuals with links to serious and organised crime or corruption could exploit the arrangements to travel to the UK undetected if security checks are not in place. The Government do not believe that they should unnecessarily put the UK’s security at risk.
I understand what the noble Lord was saying about women, children and octogenarians in the Russian army, but I do not wish to go further and speculate as to what sorts of things the Russians might get up to. We have seen what they are capable of doing in peacetime. It is not peacetime any more, and I would not like to speculate what they might be capable of doing now.
The noble Lord, Lord Paddick, also asked me about visa penalties. The Nationality and Borders Bill contains provisions which allow the UK to apply visa penalties to a country which is being unco-operative in relation to the return of its nationals. Those powers include slowing down the processing of applications, requiring applicants to pay more or, critically, suspending the granting of entry clearance completely. I am told that an amendment will be tabled tomorrow, along with a letter outlining and explaining exactly what is going on with this feature. It would probably be better to wait until tomorrow and see the letter; I have not seen it, so I do not know what is in it.
There were also questions about the variety of existing visas and what is available to Ukrainian nationals already here on existing points-based system routes. They can extend their leave in the UK. Ukrainian nationals on an existing visitor visa can, exceptionally, switch into a points-based system immigration route without having to leave the UK. Ukrainian nationals on an existing visa can apply under the family route for further leave without meeting the immigration status requirement, provided they meet the requirements for leave based on exceptional circumstances. Ukrainian nationals on an existing seasonal worker visa will have their leave in the UK extended to 31 December 2022.
Finally, Ukrainian nationals in temporary work, such as HGV drivers and so on, will have their leave in the UK extended to 31 December 2022 as well. I think the point the noble Lord made was about temporary visas generally; I think that is covered by that particular point. However, all visa routes remain under constant review. As the noble Lord, Lord Ponsonby, said, this situation is incredibly fluid, so I expect there to be further changes as and when circumstances dictate.
The noble Lord, Lord Ponsonby, referenced Yvette Cooper’s comments yesterday in the House of Commons when she talked about which family members and how many. I think I have answered that. I want to stress that it is not capped. However, she also made the point—and made it very well—that a lot of people do not wish to be too far away from their loved ones, who are probably fighting in Ukraine as we speak.
That leads on to the humanitarian support we are offering. It is quite considerable. The FCDO has a humanitarian support team in place. We are providing an additional £40 million of humanitarian support, which I think my noble friend Lady Williams referred to earlier. That will provide access to basic necessities and vital medical supplies both in Ukraine and the wider region. That is on top of the $100 million of ODA already pledged for energy security and reform.
I mentioned the humanitarian team from FCDO, but military logistics experts are also operating in the countries neighbouring Ukraine. Obviously, we call on Russia to enable humanitarian access and safe passage for civilians to flee the violence, and we have 1,000 troops on standby to support the humanitarian response in the region should they be needed. We also stand ready to further support Ukraine’s economy through £500 million in multilateral development bank guarantees.
I think I have dealt with most of the questions I have been asked. If I have not, I apologise and will hope to come back to them when I have had a chance to skim through my notes in a little more detail. For now, I hope that answers most of noble Lords’ questions.