Immigration Bill

Lord Taylor of Holbeach Excerpts

Thursday 3rd April 2014 Lords Chamber

Moved by

[Lord Taylor of Holbeach]

That the Bill be now considered further on Report.

[Lord Foulkes of Cumnock (Lab)]

My Lords, before we consider this legislation, perhaps the noble Lord the Leader of the House or the government Chief Whip can explain why we are taking government legislation on a Thursday when we have been given four weeks for Easter and we will not be sitting for a week in which the House of Commons is sitting. Will she confirm that Prorogation will not take place until 21 May, as already announced, and not earlier as rumoured? This House is not here just to consider government legislation; it is here to debate the issues of the day and to hold the Government to account.

--- Later in debate ---

As I have mentioned earlier, my final point raises the question: what exactly are we trying to get at here? If it is true that about 25% of students arriving here who are not from the EEA have valid visas, have been accepted by institutions and live in accommodation that will not be covered by the government amendment, are we really back in the territory in which we started and sending up a “Not welcome here” signal? If that is the case—and I hope it is not—can we do something about that? Maybe there is a way in which we should focus further on the institution and its arrangements with the student, and not so much on the accommodation of the landlord. We have amendments later on today that will look in more detail at the arrangements for private sector landlords who may have students of this category on their books. Maybe we can find a way—perhaps through a pilot; although the noble Lord does not seem to like that word—of testing to destruction whether we have a system that we can work.

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

My Lords, I thank the noble Lord, Lord Stevenson of Balmacara, for his thoughtful contribution to the debate. I hope I can address the issues he has raised. We have had a good debate. We always have good debates on this subject. The House is not always in agreement with the Government’s position on issues, but I think we have come closer together as a result of the debate, the provisions of the Bill and the amendments that I have been able to bring forward today.

I do not want to sound boring, but I will reiterate the mantra that the Government’s objective is to attract the brightest and the best. There is no limit on numbers. We have to say that because it puts right at the top of the page what the Government’s policy is. We will go on, I hope, as we discuss this matter, and as I answer noble Lords’ questions, to demonstrate that the proposals in the Bill are not designed to dilute in any way that central policy.

We have had an interesting debate. I have had an interesting debate going on behind me between my noble friends Lord Hodgson and Lord Cormack. I know that they earnestly believe in the importance of the international student sector. I share that belief. It is a tribute to our education system and the talent of individual students who come here that we benefit enormously through our university sector. My noble friend Lady Williams of Crosby gave examples of outstanding academics who have benefited the world of knowledge and the world of medicine by their presence here in this country. They serve as exemplars of what our academic world is able to achieve. She has given me considerable detail which I am sure she will make available to other noble Lords should they wish to see it.

I turn to the Bill and to the amendments proposed by the noble Lord, Lord Hannay, and my own government amendments. In relation to tenancies, the Bill disqualifies individuals from renting property if they do not have leave to be here. Students will be able to evidence their immigration status simply by showing their biometric residence permits or visas to potential landlords. That is a simple and straightforward check. The Government have nonetheless given this issue further thought. As a result of our debates at Second Reading and in Committee, and as a result of meetings we have had outside this House, we have tabled amendments exempting student accommodation which is owned or managed by a higher education institution, all halls of residence, and any arrangement where the student has been nominated for the accommodation by their educational institution. I just want to emphasise that while the word “nominate” is something that those of us who have political lives associate with nomination papers and so on, nominating is just the naming of an individual as being a student at a higher education institution. That is all it is. It does not necessarily involve the university itself in any contract with the landlord or any renting arrangements that the student may be entering into. It is a form of vouching for the genuineness of the student’s immigration status. That is all. I hope that I have been able to express that in the plain terms that the noble Lord, Lord Hannay, asked for. I say further, and this is important too, that it applies to undergraduates— I think that would be understood—and also to postgraduates and to those completing their doctoral theses, so that all those who this House would consider to be students in the broadest definition of the term are included within this embrace.

The noble Lord raised three points that he wanted me to deal with. The first was the business of whether this extended to graduates. I have confirmed that that is indeed the case. Secondly, he asked whether this genuinely exempts the landlord. Yes, indeed; as long as he is satisfied by the nomination, then he has no need to conduct any further checks. If I may say so, this is rather analogous to the position of a person in a tied cottage. It has nothing to do with this part of the Bill but it is an interesting analogy in the sense that the person being employed can be vouched for and the landlord will have done the check on their employment in exactly the same way as the university will have done one on the engagement of the individual with the university itself. There is no contractual obligation on the university in respect of the tenancy that the individual student may be entering into. It is important to emphasise that as well. There is engagement, of course, but there is no contractual obligation.

Where a landlord wishes to rent to a student and does not want to check their immigration status documents, for whatever reason, they may make inquiries with the student’s educational institution and obtain this nomination. Nomination will be simply a confirmation of the student’s status, something that educational institutions already have to provide to students in order to prove exemption from the council tax. A suggestion made by my noble friend Lady Manzoor led us to explore this possibility. The term “nominate” is a broad exemption and it will allow higher education institutions to confirm that the student is exempt without being prescriptive about the form that this should take.

These government amendments will mean that landlords need not conduct an immigration status check as the educational institution will already have done so. The amendment removes the large majority of students from the scope of the landlords scheme. I also reassure noble Lords that the Government intend to make provision within the code of practice to allow landlords to agree a tenancy in principle with the students who have not yet arrived in the UK, allowing them to undertake a check of relevant documentation immediately before the student takes up occupation. In other words, it is possible for these arrangements to be made in advance of the student actually taking up their place at the university. A number of noble Lords had expressed concern on that point.

Perhaps I may park the landlord provisions and go on to talk about the health service surcharge—

[Baroness Warwick of Undercliffe]

Before the noble Lord does that, might I clarify whether what he is saying is in response to the point I made about a potential tenant entering into a conditional arrangement with a landlord? Is it legal and proper for the landlord to enter into that arrangement even though at that point, because of the time involved and so on, the potential tenant has not actually got their visa?

[Lord Taylor of Holbeach]

Yes, absolutely: that is the case. It is up to the landlord to decide whether they want to enter into a conditional arrangement. In university towns this is a frequent enough experience, is it not? They can check the nomination, which may say that the person has a conditional place at the university. That can be checked immediately the undergraduate or postgraduate arrives to take up the accommodation. We do not want to make this difficult. We want to make universities feel that this will help them as well as the students at their university.

I turn to the health surcharge—there are a number of landlord issues I might come back to but I want to try to deal with this as far as I can in order. I urge noble Lords to bear in mind that international students cost the NHS around £430 million a year and more than £700 a head. The NHS has limited funding and cannot sustain this if it is unsupported by those who use that service. The surcharge for students is just £150 a year. It is a very good deal. It is a fraction of the true cost to the NHS and just 1% of the cost of studying in the UK. There is no reason to believe that the surcharge will deter students from coming to the UK because it is set well below the price students pay for health insurance in our competitor countries.

I accept that international students contribute significantly to our economy, but such contributions do not exempt students from health charges in our competitor countries and there is no reason why they should do so here. Noble Lords will understand our reasoning in that regard. The NHS provides quality care to international students and their dependants for a wide range of health issues. I will speak more on the NHS services that international students have used, if noble Lords wish.

[Baroness Williams of Crosby]

I think the whole House recognises that £150 is a not unreasonable figure. However, there is a very specific and limited case for those in post-doctoral or postgraduate positions who bring their dependants with them. At that point the continuation of the charge, especially if somebody has taken work that enables them to pay national insurance and taxation, begins to feel much more like a burden than like a benefit. Does the Minister agree?

[Lord Taylor of Holbeach]

Indeed. My noble friend and I have discussed this in meetings. I take the point. It was made by the noble Lord, Lord Hannay, as well. I think he and other noble Lords understood that there will be secondary legislation that will define these issues. I am aware of the concerns expressed by noble Lords in this respect. My noble friend Lady Hamwee made the same point about the length of time that some individuals may pay the surcharge. I do not consider this a serious problem but I commit to considering it carefully before bringing forward the affirmative resolution order.

A number of other mattes were raised. My noble friend Lady Williams of Crosby asked about changes to work-study visas. We do not have any figures on this but she is quite right to point out that we have tried to facilitate this, just as through the graduate scheme we have tried to facilitate higher education and have worked with institutions.

She asked about slowness in the visa system. In fact, 93% of administrative reviews for overseas students—these applications are made overseas—are made within 28 days, so it is quite speedy. That is one reason we are looking to use the method of administrative review more generally in this respect.

I hope that I have satisfied the noble Baroness, Lady Warwick of Undercliffe, about the breadth of the accommodation amendment. Any undergraduate who chooses to use that facility by gaining a nomination from the university will get the accommodation that they need, and it is quite proper to take up a place in advance.

I was asked by a number of noble Lords about our general approach to working with universities. We have been working at ways to promote this country to students from overseas. It is something in which I believe, and I hope that I have been able to reassure noble Lords that with the considerable sums now being put to one side through the Budget to promote our education facilities to overseas students we have a good offer in place.

The noble Lord, Lord Sutherland, was very keen that the Government should demonstrate unity of purpose on this issue. I hope I have said nothing that discourages him from believing that we have a unity of purpose on this issue. I very much appreciate the work that the noble Earl, Lord Sandwich, does, in particular with the college in south London. He and I have had meetings on it. I know he had a meeting with officials last week, trying to reconcile them to the arrangements. This is not an easy area but we want to work with this sector.

I did not have the benefit of a university education. I went to work at 17 and it has taught me that there are huge benefits in university education. I believe in it passionately. I do not want to see other people denied the opportunities that our university sector provides. I hope that I have demonstrated my wish to engage with the sector and give it confidence that there should be no reason why a properly constructed immigration policy would be incompatible with our policy objective of encouraging the brightest and the best to come and study at our excellent universities. I hope, in the light of these points, that the noble Lord, Lord Hannay, will withdraw his amendment.

[Lord Hannay of Chiswick]

My Lords, I thank all noble Lords who in Committee and on Report supported the amendments put down in my name and those of the noble Baronesses, Lady Williams and Lady Warwick, and the noble Lord, Lord Tugendhat, whose absence today is entirely due to being in Athens on the business of the House.

I have drawn enormous comfort and support from the way in which each of the debates we have held has been lengthy, thoughtful and devoted entirely to the matter in hand. I contrast that with the fact that the other place, when it took this legislation, never actually got around to talking about students or higher education at all because they were so busy chasing Romanians and Bulgarians around the Chamber. That is perhaps a tribute to the way in which your Lordships’ House conducts its business. We do not miss out really important issues like that of students.

I have a brief comment—or perhaps two—on the contribution of the noble Lord, Lord Hodgson. He raised the question of whether universities were aware and made enough of the fact that foreign students help them subsidise domestic students. All I can tell him is that if he talks to anyone in the higher education sector, of course they all know that perfectly well. They know that a number of courses, particularly STEM courses, would simply not be maintainable without overseas student enrolment. However, the noble Lord will recognise that if we are trying to recruit overseas students, this is not a major sales point. It is not terribly wise to go around the world saying, “You may think your fees are a bit on the high side—but don’t worry, they are going to support British students”. I hope he will understand that one has to treat that with a certain amount of care.

Of course, the noble Lord is right about the exchange rate having extreme importance. I can only offer him the advice that Miss Prism offers Cecily in “The Importance of Being Earnest”:

“The chapter on the Fall of the Rupee you may omit. It is somewhat too sensational”.