Statement of Changes in Immigration Rules

Debate between Lord Sharpe of Epsom and Lord Oates

Wednesday 1st May 2024 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Sharpe of Epsom) (Con)]

My Lords, I also thank all noble Lords who have spoken, particularly the noble Lord, Lord Oates, who tabled this Motion and has therefore given us the opportunity to discuss these important issues. Before I address the points raised, I will start by summarising the changes that have come into effect.

On 4 December, the Home Secretary announced a package of changes aimed at reducing the overall level of net migration and tackling abuse in the social care sector. From 11 March, those being sponsored to work as care workers or senior care workers have been unable to apply with dependants. As we have seen with the latest statistics that were published yesterday, since May 2023 there have been, on average, 20,000 dependant applications per month under the health and care visa. That is unsustainable, so we had to act. We also now require any care service seeking to sponsor care workers in England to be providing regulated services and be registered with the Care Quality Commission.

However, the Government of course continue to be immensely grateful for the vital contribution that health and social care workers from across the world make, and we recognise their commitment in keeping vital services running and, obviously, in saving lives. As the noble Lord, Lord Oates, noted, they are of course exceptional people.

The Government have provided substantial support for health and care professionals, over and above what other sectors get. We launched the health and care visa in August 2020, making it easier, cheaper and quicker for health workers to come to the UK to work, compared to other immigration routes. As we have seen in the immigration statistics, the sector makes very good use of the immigration system to ensure it has the workers it needs. Building on that, we added care workers to the shortage occupation list and health and care visas on 15 February 2022. Since this time, the Home Office have issued over 100,000 visas to care workers and senior care workers, before even considering dependants accompanying and joining them. These roles remain on the immigration salary list, maintaining access to these workers for the sector.

While we have a generous visa offering in place for the sector, the Government also have commitments in reducing overall numbers coming to the UK, and we have taken action to address that. Let me be clear that the provisions that came into force on 11 March apply to new applications and will not affect those already sponsored to work as a care worker or senior care worker through the health and care visa before that date. That includes those who were sponsored before the rules had changed but who have not brought dependants to the UK yet. In addition, there is a provision allowing children born in the UK to regularise their stay.

The Government recognise that the measure to prevent care workers and senior care workers from applying with dependants will dissuade some people from applying. However, given the large volume of applications, we believe that there will still be people willing to apply for care worker and senior care worker roles, and our offer to those carers is still very competitive.

There is no evidence yet on the quality issue that the noble Lord, Lord Oates, raised, but we will keep that under review. I also note that medically qualified individuals possibly have other routes available to them that may allow for dependants to accompany them.

I turn to the points raised in the Motion. We have clearly set out the position that individuals will need to determine whether they wish to make an application with the full knowledge that those working in care worker and senior care worker roles will not be able to apply with dependants. As I have said, we believe that we still have a very generous offer for those who wish to work in social care.

All noble Lords have raised concerns about individuals having an increased reliance on sponsors as a result of not having family in the UK. I accept that this may be a possibility, but it is also arguable that a person having to consider the impact of leaving a job, which might affect an entire family, has greater reason to stay than an individual without a family to support. I also caution that only 25% of dependants are estimated to be in work, meaning that many would not be able to rely on additional income to support the family in any event. I also do not believe that these changes make it harder to report or change an employer. I must say that we will not tolerate any instances of abuse by employers and, where we see evidence of it, we will take action.

Officials from the Home Office and the DHSC are working closely with the sector to improve their interactions with the immigration system and to help target non-compliance and exploitation. We strongly condemn offering employment to health and care worker visa holders under false pretences. Those found operating unlawfully may face prosecution and/or removal from the sponsorship register.

During UKVI compliance work, we have encountered a significant number of non-genuine employers and, in very high numbers, employers not being able to evidence hours of work available to migrants. That has led to two strands of action. First, considerable scrutiny is applied to employers who are asking to bring over a migrant worker, to ensure that they have enough work guaranteed to occupy that worker in addition to their current workforce. Secondly, compliance activity is being taken against employers currently sponsoring migrant workers when they are either unfit to do so or do not have sufficient work levels available for that migrant. Given the level of displaced workers and abuse in the sector—and the need to operate a fair immigration system that treats all workers, employers and sectors equally—it would not be appropriate to relax those requirements for the care sector.

The Home Office has also dedicated resource to policing the sponsorship system to ensure that sponsors adhere to their duties and wider UK law. A person who is sponsored to work in the UK is linked to that employer, but they are free to seek alternative sponsorship and to make a new application if they do not believe that they are being treated fairly. If a person were here with a family and decided to leave their job, they would still need to find alternative sponsored employment before their leave was curtailed. As I mentioned earlier, the additional income from a working partner would help only if they were one of the 25% of dependants estimated to be in employment. Those individuals whose sponsor’s licence has been revoked can seek alternative employment, providing they have a job offer from a Home Office-approved sponsor and make a new application. Work is under way, across government, with the sector to address unethical recruitment practices and to signpost migrants to help with their rights.

I am grateful to the noble Lord, Lord Ponsonby, for bringing up the subject of the domestic workforce, because a lot of work is being done on that and I welcome the opportunity to run through it quickly. We remain committed to developing the domestic workforce by investing in retention through better workforce training, recognition and career progression. We are launching a new career structure for care workers, so that all staff can build their careers and more experienced care workers are recognised for their skills. We are creating a new qualification and digital skills record to reduce the need for retraining costs and additional training time for care workers every time they might move employer. Reduced retraining also means that care workers can spend more time caring for people. We are increasing funding for learning and development, creating thousands of new training places, so that care workers can improve their skills and gain qualifications.

The Government have made available up to £8.6 billion in additional funding over the financial years 2023-24 and 2024-25 to support adult social care and discharge. That includes the £500 million announced this January, which has been made available specifically to support local authorities with the cost of social care in 2024-25. We provided £15 million for the 2023-24 financial year to help local areas to establish support arrangements for ethical international recruitment in adult social care and bolster the workforce. We are also working with the DWP to promote adult social care careers to jobseekers, and funding sector partners to provide support to employers and commissioners to improve recruitment and retention.

The noble Lord, Lord Allan, asked a number of questions about immigration non-compliance and migrant exploitation. As I have said, we are working very closely with the Department of Health and Social Care on that. UKVI also works closely with law enforcement counterparts on areas that it identifies go beyond immigration non-compliance. He invited me to speculate on the type of offences that may be committed, but I obviously cannot do that because I do not know. Some of those may well represent fraud, but it would not be for me to say. As I also mentioned, we have a large number of compliance officers who ensure that the system is properly policed.

The noble Baroness, Lady Hamwee, asked a perfectly good question about the impact assessment. A full impact assessment has not been published, and I have been before the Secondary Legislation Scrutiny Committee to discuss the matter. We published a Statement on the estimated impact on immigration in December 2023. The Government are still working through assumptions on the impact assessment, but we intend to publish it as soon as that work has been completed. The estimated impact on visa in-flows was published in December 2023, which estimated a 22% reduction based on the number of workers who could be matched to the register of CQC-regulated businesses—equivalent to around 20,000, if the rule had been in place in the year to September 2023.

Noble Lords will be aware that the Government are committed to bringing down the overall level of net migration. We believe that the package of measures announced on 4 December strikes the right balance between cutting the numbers of people who come to the UK and attracting those with the required skills and experience. Once again, I thank the noble Lord, Lord Oates, for the opportunity to discuss this important issue—and for his very kind words—and all noble Lords who have taken part in the debate. I will read the report of it carefully and, if I have not answered any questions, I will do so by letter.

[Lord Oates (LD)]

My Lords, I thank the Minister for his response and all noble Lords who have participated in the debate. A number of important points have been made, but I fear that he may be a little complacent about the ability of care workers who feel that they are being exploited to leave their employment and find other employment. It is an incredibly difficult situation for them, and things certainly do not seem to operate in that way.

There are very important issues around the enforcement of and resources for compliance. The Minister seemed to suggest that the Home Office had the necessary resources for that job but, as I pointed out, that was certainly not the view of the Independent Chief Inspector of Borders and Immigration. The noble Lord, Lord Ponsonby, also made an important point about the idea of a single enforcement authority, because we need absolute clarity about who is enforcing things.

I am particularly grateful to my noble friends Lord Allan and Lady Hamwee for taking part in this debate and for, as always, bringing important thoughts to it. I also thank her for the passion that she has always shown on these issues.

I would have wished to divide the Chamber on this matter in different circumstances, but that might not be the wisest idea tonight. I am sure that we will return to the issue in due course. In the meantime, I beg leave to withdraw my Motion to Regret.

Economic Crime and Corporate Transparency Bill

Debate between Lord Sharpe of Epsom and Lord Oates

Committee stage
Tuesday 9th May 2023 Grand Committee

[Lord Sharpe of Epsom (Con)]

The noble Lord will not be surprised to know that I do not know, but I will ask.

The Government will endeavour to update your Lordships’ House on their plans for progressing international action on corruption in due course. I hope the noble Lord, Lord Hain, and the noble Lord, Lord Oates, on his behalf are reassured by the Government’s commitment to combatting corruption. We look forward to further discussions on this subject and to setting out our plans in further detail at an appropriate time. I therefore ask the noble Lord to withdraw his amendment.

Turning to Amendment 106A, tabled by the noble Baroness, Lady Bennett, the Government care deeply about tackling tax evasion and avoidance. My ministerial colleagues continue to work closely with the various sub-committees that sit within the UN’s Economic and Social Council. However, standard-setting powers on tax currently sit within the Organisation for Economic Co-operation and Development’s inclusive framework and global forum, and the UK believes that this is the mechanism best placed to deliver consensus-based reforms aimed at tax avoidance and evasion.

The inclusive framework and the global forum have wide and diverse memberships of more than 140 and 160 countries respectively. Furthermore, the OECD holds strong technical expertise in matters of international tax avoidance and evasion, and a potential UN convention on global tax evasion as envisaged by this amendment would duplicate and be likely to hinder the OECD’s work. This would delay the co-ordinated global response and effort to address tax evasion and avoidance and combat harmful tax practices, as well as creating divergence in international tax standards.

Having said that, the UK will engage constructively with the upcoming report by the UN Secretary-General. We want to find ways to improve international co-operation, as I have said, but to do that we want to ensure that this captures the full range of existing mechanisms for international tax co-operation and considers creatively how they could be improved better to meet developing countries’ needs. We have submitted evidence to the UN Secretary-General demonstrating these points.

Having said all that, obviously I ask the noble Baroness not to move her amendment.

[Lord Oates (LD)]

My Lords, I thank all noble Lords who have spoken in this debate; I particularly thank the noble Baronesses, Lady Wheatcroft and Lady Bennett, for their support. I am sympathetic to the amendment tabled by the noble Baroness, Lady Bennett. I am grateful to the Minister and the noble Lord, Lord Ponsonby, for their thoughtful responses. I am disappointed by the Minister’s conclusion, obviously, but I hope that, as he suggested, we can continue those discussions going forward.

I want to reassure the noble Lord, Lord Faulks, that my purpose was not to come as a critic of the Government. Indeed, I highlighted commitments made by the Government in the Integrated Review Refresh and I commend the Minister for Development and Africa on his real focus. He understands how important this is. Overseas development assistance is nothing compared to getting this right.

I am not sure that I share his views on the International Criminal Court and other international criminal tribunals. One of the great proponents of this international anti-corruption court is retired Justice Richard Goldstone. He was the chairman of the international criminal tribunal on the former Yugoslavia, which convicted a number of key figures including Ratko Mladić and Radovan Karadžić. It does have impact. We should be aware that, even for the non-signatories of the ICC, it has consequences. It has consequences for President Putin that he has been indicted, such as consequences on whether he can travel to BRIC countries that are signatories to that court.

On the charge of being aspirational, I plead entirely guilty. You cannot get real change in the world unless you are aspirational. Of course, as I said in my opening speech, this amendment is not a panacea; it is one tool. One of the most important things, as the noble Lord, Lord Faulks, said in his remarks, are the enforcement powers that we have in the UK, which, in my view, we are not using as much as we should be. I hope that, through this Bill and other means, we will do much more on enforcement.

As we have heard in the previous debate and amendments, this is really about the mechanisms to enforce lots of things; it is not about the laws. There are loads of laws on this stuff generally; it is about enforcement mechanisms. The international court would be another enforcement mechanism but, of course, we need enforcement mechanisms at home.

With that, I thank everybody who has taken part in the debate and I beg leave to withdraw the amendment.

Covid-19: Vaccination in Developing Countries

Debate between Lord Sharpe of Epsom and Lord Oates

Thursday 2nd December 2021 Lords Chamber

[Lord Oates (LD)]

My Lords, does the Minister recognise the deep sense of anger and betrayal in southern Africa over the rich world’s handling of the omicron variant? Is the response of economy-crippling travel restrictions and doubling down on vaccine boosters, when many in southern Africa have not been able to get even their first shots, not only deeply immoral but utterly counterproductive in encouraging countries to be transparent in the future and preventing new variants emerging, both of which are crucial if we are to get off this Covid treadmill?

[Lord Sharpe of Epsom (Con)]

My Lords, I think, actually, the first duty of a Government is to protect their own population. I do not regard that as deeply immoral. However, I agree that there is clearly inequity between the rich and the less well-developed parts of the world. With regard to the travel bans, we are putting in place a lot of economic support for Africa, as I have already detailed to some extent. There are other aspects of it as well, such as debt relief, and we will continue with that support. On the travel ban itself, we acted fast, in line with many other western countries.