Border Force
Mark Harper Excerpts(11 years, 3 months ago)
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The Minister for Immigration (Mr Mark Harper)
I hear Opposition Members shouting out about where the Home Secretary is. I know that the shadow Home Secretary has no confidence in the shadow Immigration Minister, after his extraordinarily successful summer, but I am responsible for these matters in the Home Office and I am dealing with the urgent question.
Early in 2011, the independent chief inspector of borders and immigration—
Mr Harper
It is no good Members complaining. They ought to remember that this Government inherited from Labour a border system that, like many other parts of government, was not functioning very well at all. This is another area where we have had to put things right.
In 2011, the independent chief inspector of borders and immigration reported that border security checks were often suspended without ministerial approval, and found poor communication, poor managerial oversight and a lack of clarity about roles and responsibilities in Border Force. In response, the Home Secretary removed Border Force from the old UK Border Agency and brought it back within the direct command of the Home Office. Since then we have seen a considerable improvement in performance. As the NAO recognises, all passengers are now checked and queue times are reduced. Indeed, as set out in its last report, targets for detection and seizure of harmful goods and substances are being met and exceeded.
The UK operates one of the most secure borders in the world, with more than 200 million people crossing the border and hundreds of billions of pounds of goods imported and exported. The capability delivered by our border systems is one of the most advanced in Europe and among the best in the world. We are one of only a handful of countries that operate a pre-departure checking system, preventing those who would do us most harm from even boarding aircraft, but of course there is some way to go. Border Force has carried out extensive works on its systems, including the warnings index, which ensures that dangerous persons are identified at the border, to ensure that it continues to operate effectively. We will continue to drive up the performance and resilience of the warnings index and other key systems to ensure that they fully support our officers’ efforts to protect the border.
The culture and morale in Border Force are very important. We are dedicated to ensuring that every member of staff is motivated, trained and developed. Challenges remain, but I and Sir Charles Montgomery, the new permanent director-general, a former Second Sea Lord, have visited many staff at the border to speak to them. I have found a work force proud of the work they do, committed to the task in hand and always keen to tell me about their successes and the challenges that exist.
People have said that we are not checking everyone who comes into the country, but the report is clear that that is not the case. Since we introduced the ministerially endorsed operating mandate last year, full checks are being delivered at our ports. Last year, more than 135 million passengers and crew were screened even before they reached the border, resulting in more than 2,880 arrests, including for murder, rape and kidnap.
As well as checking all passengers arriving, we continue to perform intelligence-led checks on goods and freight coming into the country. The National Audit Office confirms that Border Force is meeting and exceeding targets for seizures of some of the most dangerous and harmful materials that criminals attempt to bring into the country. Our class A drugs and firearms targets are being met and exceeded, as are our targets for illegal entrants at our juxtaposed border controls in France and Belgium. Last year we detected 6,000 clandestine attempts at Calais alone and this year we are running ahead of that rate.
Since its establishment last year, Border Force has been working to ensure that the chief inspector’s recommendations have been addressed. During last year’s Olympics, Border Force received significant recognition for its work ensuring that athletes, VIPs and visitors from across the world entered the country without delay, in order that the UK could deliver a world-class games. I am delighted to say that the NAO’s report confirms that we have improved against every one of the recommendations in the chief inspector’s report. I commend this statement to the House.
Yvette Cooper
That was a very complacent response from the Minister, with no explanation of where the Home Secretary is. Today’s National Audit Office report reveals that customs examinations, including for drugs and firearms, are being suspended to cope with passport controls, that checks for illegal migrants hiding in lorries are frequently being stopped, and that staff are reducing the questioning of those with suspect visas in order to meet other pressures. The report also reveals a culture of fear and low morale, as well as leadership problems, with five different directors-general in the past 18 months, staff shortages, understaffing at countless ports even after the latest recruitment, and a funding gap. It states that the Department’s internal auditors have confirmed that the Olympics and wider resourcing issues have had an impact on the security of the border. Will the Home Secretary now publish that internal audit report, so that we can find out how many times checks were stopped?
The NAO report also states:
“In Calais, we observed officers being taken off controls to detect clandestine illegal entrants to the UK concealed in lorries in order to deal with passenger queues”.
That was seen to happen three times in three days, and freight searching was suspended on a further 19 occasions due to understaffing. So, if checks were stopped 21 times in three days, how many times have they been stopped in the past year? At that rate, it would have been 2,500 times at Calais alone. It is no wonder that officers stopped trying to fingerprint stowaways; it seems as though they stopped trying to catch them at all.
It also seems as though the Home Secretary’s only answer to illegal immigration is to get a man in a van to drive round in circles with a poster asking people if they would mind going home. People do not want gimmicks; they want the Government to get the basics of border security right. The Home Secretary cannot duck her responsibility for that. She ignored the warnings and cut 500 staff from the Border Force before the Olympics. She is just shunting the problem round in circles. First the passport checks, then hours of queues, and now drops in checks on stowaways, guns and drugs and, still, a big drop in the number of illegal migrants being stopped at our border.
The Government are not sorting out the fundamental problems. Each time, the Home Secretary blames someone else, reshuffles the deckchairs and sends someone else to answer the questions. So, will this Minister answer the questions? How many times have the checks been stopped? Will he publish the internal report? And will the Government stop ducking their responsibility and sort the fundamental problems out?
Mr Harper
First, the right hon. Lady is not right to say that checks were suspended. That is not what the report says. As she will know, there is a layered approach at Calais. Checks are done by Border Force officers, and searching by the port authorities also takes place, using equipment supplied by us. We also have contractors, who were absolutely excellent and very successful when I visited in the summer. The day I was there, one of our contractors with detector dogs had that morning found 24 people attempting to enter—[Interruption.] Well, with the greatest respect, I know that labradors are intelligent, but I do not think that that labrador was aware that a Minister was arriving to observe the search for clandestine immigrants. I believe that that level of performance is sustained every day. [Interruption.] The hon. Member for Rhondda (Chris Bryant) has not had a great summer for well-researched thought-through speeches, as everyone in the House is well aware. Perhaps it would be welcome if we heard a little less from him. It is not the case that checks were suspended, even if Border Force officers were dealing with queues. Freight searching was still being carried out, both by our contractors and by the port authorities.
The shadow Home Secretary also referred to the decision not to fingerprint clandestines. I remind her that that decision was actually taken by the former Government of whom she was a member. It was taken early in 2010, which, if I remember rightly, was before the last general election. As I said in response to the chief inspector’s report, that is something that we are reviewing to see whether the decision remains sensible.
On the issue of a culture of fear, all I can say is that I have visited a number of our ports—both airports and seaports—and our juxtaposed controls and, in my experience, the officers I met were, as I said in my statement, dedicated staff. I did not find any reticence on the part of officers in either saying what they were good at or stating where they thought there were issues. They raised their concerns directly with Ministers, and my experience was also the experience of the director-general. I say simply, then, that what the right hon. Lady mentioned was not my experience.
I think I have dealt with the shadow Home Secretary’s point about leadership, as we have now appointed a permanent director-general who, in his capacity as Second Sea Lord, has a record of achievement from outside the Department. I believe that he has already started to lead the organisation in a very powerful way.
Finally, the right hon. Lady made a last throwaway remark about our pilot of publicity on vans. I would point out here that most of the public support the tough stance we have taken on illegal immigration and that the majority of voters of all parties—72% of the public—support the vans. They want to see our tough approach continue and they do not want the weak approach of the Labour party.
Mr John Redwood (Wokingham) (Con)
I would like to thank the Minister for a very visible improvement in the performance of the Border Agency over the last year or so, and urge him to work with his staff to ensure that ever-higher standards are achieved by promptly and courteously allowing the legal people in and by ensuring that we find all the illegals at the first point of entry.
Mr Harper
I am grateful to my right hon. Friend. I know from a conversation we had that he has seen the work that our border officers do in our juxtaposed controls, where attempted illegal entries are prevented from even getting to the United Kingdom. He makes a good point, too, about the rest of the UK Border Agency after the agency’s split into the two component parts of UK visas and immigration and immigration enforcement. It is doing exactly what my right hon. Friend said, which is to welcome those who come to Britain to contribute—skilled workers and students, for example—while deterring those who do not and ensuring that those who overstay their welcome are removed from the country.
Keith Vaz (Leicester East) (Lab)
Ministers were right to respond to public concern and the recommendations of the Home Affairs Select Committee by putting in additional staff to check passports, but it appears from this report that that came at the expense of those who should have been checking vehicles and people before they entered the country. Will he confirm whether that was, in fact, the case; and will he further confirm that the legal loophole, mentioned in the report by John Vine, has now been closed? Does he agree that co-operation with our EU partners is essential, given that the UK border is actually the border between Turkey and Greece—that is where illegal migration enters the EU—and that unless the French are prepared to work with us in furthering that co-operation, we will not be able to stop people entering our country?
Mr Harper
I welcome the remarks of the Chairman of the Home Affairs Select Committee. He raised three questions, which I shall endeavour to answer. The first was about resources, and given that the checks were not being conducted as they should have been in all cases, it would be fair to say that in responding to the chief inspector’s report and implementing the operating mandate, it was clearly necessary to increase the resources going into the Department. As to whether we have the balance right, it is obviously something that we keep under review, and it is a challenge for all operational managers. I refer back to the National Audit Office’s last report, not the one published today, that looked into our detection and seizure of serious goods—class A drugs, firearms and so forth—that people were attempting to get through the border. The report said that in all those cases we were meeting and exceeding our seizure and detection targets. The proof of the pudding is in the eating, and I think that we are succeeding.
I do not have time to go in detail into the right hon. Gentleman’s point about the legal loophole, but I can say that we are making considerable progress and that his general point about the importance of partnership working is absolutely true. I recall a visit last autumn when I met the new French Interior Minister, and I visited Calais and Coquelles this summer in order to see for myself the co-operative work going on between the French port authorities and our Border Force officers. Such co-operation is excellent and we need to keep it in that good shape as we go forward.
Martin Horwood (Cheltenham) (LD)
Does not the report demonstrate that endless headline-grabbing reorganisations and legislation—with four Acts coming from the last Government alone—were always less important than ensuring that the system we have is effective, efficient and well managed? Is that not something on which we should all be able to agree, instead of turning this serious issue into a party political football?
Mr Harper
I agree with my hon. Friend and Gloucestershire near-neighbour. It was clear from the chief inspector’s report that we had inherited an organisation that was not doing the day job properly, and was not checking everyone who was coming into the country. The whole point of splitting Border Force from the UK Border Agency was to improve that situation. The NAO report has made it clear that we have made progress in regard to all the chief inspector’s recommendations, that we are dealing with the issues that have been raised, and that Border Force is in better shape. However, we are not complacent. There is always more to do, and we now have an excellent director-general who is leading that important job of work.
Paul Goggins (Wythenshawe and Sale East) (Lab)
Will the Minister confirm that he and the Home Secretary have been receiving monthly reports about the length of queues? If that is the case, will he tell us whether those reports have included details of the number of checks carried out in relation to illegal entry and, indeed, items such as drugs and firearms?
Mr Harper
As the report says, there was a period when there was a real problem with queues and the Home Secretary and I were receiving frequent reports every day, but I am pleased to say that that is no longer necessary, because the organisation is now in much better shape. We focused very much on that problem, but it has largely been fixed, and I think more than 99% of passengers entering the country are now dealt with through our service level agreements.
As I said to the right hon. Member for Leicester East (Keith Vaz), we are meeting and exceeding our targets in relation to the detection of firearms and substances such as class A drugs which people attempt to bring into the country. Border Force is delivering on that.
Mr Harper
If the right hon. Lady looks at the NAO’s report, which it compiled specifically on this issue for the 2012-13 financial year, she will see that during that period we were meeting and exceeding our targets on class A drugs and firearms. [Interruption.] It is true. I will be frank and admit that we were doing less well on tobacco and counterfeit goods, but in relation to the really important things such as class A drugs and firearms we were meeting and exceeding our targets. I think that that should reassure Members.
Nicola Blackwood (Oxford West and Abingdon) (Con)
The key question must be whether Border Force has the capacity to carry out both the customs checks and the passenger checks that are necessary to protect our national security. The NAO report expresses concern about that. Does the Minister think that Border Force’s current recruitment process will deal with any concerns that he may have?
Mr Harper
I thank my hon. Friend—who is also a member of the Home Affairs Committee—for her question. As I explained in my response to the shadow Home Secretary, there was a problem to start with when we introduced the operating mandate. Full checks of people coming into the country were not being carried out. We accordingly provided more resources, and, as my hon. Friend acknowledged in her question, we are now hiring new Border Force staff in a number of ports. Our best assessment is that both funding and manpower are sufficient to enable us to do the job, and, although of course we keep the position under review at all times, I think that the balance is right at the moment.
Mr David Winnick (Walsall North) (Lab)
If everything is fine, why is the National Audit Office so critical of so many aspects, including what it describes as “a culture of fear” and “low morale” among Border Force officers? Incidentally, should not the Home Secretary, rather than the Minister, be here to respond to my right hon. Friend the shadow Home Secretary?
Mr Harper
I think I explained that in my response. I am the Immigration Minister, I am responsible for these parts of the Home Office, and the Home Secretary is content for me to deal with this. [Interruption.] The shadow Immigration Minister should stop chuntering from a sedentary position. He has not had a great summer. I can understand why the shadow Home Secretary—[Interruption.]
Mr Speaker
Order. Let the point be made from the Chair that the hon. Member for Rhondda (Chris Bryant), who has exercised his vocal cords very fully, should now cease to do so. Let us hear from the Minister.
Mr Harper
I am very pleased, on this occasion, to agree 100% with that sentiment, Mr. Speaker. I think I speak for most Members when I say that.
Let me respond to the serious point made by the hon. Member for Walsall North (Mr Winnick). I do not think I said in my response that everything was rosy. I said that we had inherited an organisation with problems, that we were tackling the problems and that there was more to do. I also said that in response to the question from my hon. Friend the Member for Cheltenham (Martin Horwood), and I pointed out that we had a new director-general.
My experience in the Home Office is that there is always more to do. We have to keep on top of the task of dealing with people who try to come into the country and should not be doing so—while welcoming those who should—and we have to deal with the ever-changing security threats. That is a challenge that I think we are meeting, and meeting every day. I should add that our front-line officers do an excellent job in keeping the United Kingdom safe.
Mark Reckless (Rochester and Strood) (Con)
Should not the Border Force, like any organisation that has to deal with pronounced peaks in customer demand, be allowed the flexibility that would enable it to transfer staff from other activities to assist when there are such peaks in demand? Obviously, if we are given intelligence that drugs are coming through, we shall not want to transfer the staff who will deal with that, but is not transferring people who are carrying out fewer random checks than others an example of sensible management?
Mr Harper
My hon. Friend has made a sensible point about intelligence. Obviously, as I said in my response, we use it to guide the efforts that we put into freight checking. My hon. Friend has also made the sensible point that there are peaks and troughs in the number of passengers crossing the border. As well as our permanent work force, we have staff on whom we can call at those peak times to ensure that we continue to deliver a secure border, but we are also mindful, of the need to deliver value for money, which the National Audit Office mentions in its report. Of course, all Departments have to deal with the appalling financial legacy that we were left by the Labour party.
Fiona Mactaggart (Slough) (Lab)
The Minister has laid much stress on the quality of border checks. As he will know, at the end of the last Session I was privileged to be elected chair of the all-party parliamentary group on human trafficking, and in that role I have been meeting groups who work with trafficked people. Kalayaan tells me that it has yet to meet a holder of an overseas domestic worker visa who, under the new visa system, has actually carried his or her own passport through the passport check. The passport is always held by the visa holder’s employer. What will the Minister do about that?
Mr Harper
The operating mandate specifies that everyone who crosses the border must have his or her passport checked and must have the necessary documents. On the basis of what I know, I do not think that what the hon. Lady says is correct, but I will make inquiries and then write to her. I think that that is a reasonable way to approach the matter. In the meantime, given her position as chair of the all-party group, I shall be happy to maintain a sensible dialogue with her on human-trafficking issues.
Bob Blackman (Harrow East) (Con)
UK Border Force did an excellent job during the Olympics, welcoming millions of new visitors. We hope that they will come back, in which case we will welcome them warmly again. However, is it not time that there were separate streams at our airports and ports—one for UK nationals with UK passports who are returning to the country, one for EU entrants and one for everyone else? Would that not enable us to streamline the whole process?
Mr Harper
First, as my hon. Friend knows, one of our obligations as members of the European Union is to deal with European passport holders together with those from the UK. Secondly—this is a practical point—adopting his suggestion would require us and the airports to spend an extraordinary amount of money on remodelling all our airports and ports, which I do not think would be very sensible at present.
The basis of my hon. Friend’s point, however, is the need to ensure that British citizens returning home, EU nationals coming to Britain and people coming here from outside the EU all have a good experience at the border. The NAO report suggests that we are performing the necessary checks to make certain that the border is secure, while processing people within the provisions of our service level agreements and enabling them swiftly to enter the United Kingdom, where they will be able to work and spend some of their hard-earned money to benefit our economy.
Steve McCabe (Birmingham, Selly Oak) (Lab)
There may well be an argument for some staff flexibility, but can the Minister positively assure us that there is no danger that some officials are more worried about television pictures of queues than about the risks at our borders?
Mr Harper
I can assure the hon. Gentleman of that. I make it very clear on my visits, as does the director-general, that we must deal with both those challenges—people crossing the border and freight. As I said in response to the shadow Home Secretary, there was no suspension of freight checks at Calais. We adopt a multi-layered approach. Even when Border Force officers are not searching vehicles, the staff at the port and our contractors are doing so. I am confident that there are proper checks on people coming into the United Kingdom, and proper intelligence-led checks on freight and goods as well.
Jackie Doyle-Price (Thurrock) (Con)
Is my hon. Friend aware that the Border Force team in Tilbury, in my constituency, has been reporting much higher morale since being spun out from the Border Agency? Does not the report also confirm that that was exactly the right decision?
Mr Harper
I am grateful for my hon. Friend’s comment. I had the great pleasure of visiting Tilbury with her early in my time as Immigration Minister, and was very impressed with the engagement of staff there. As she says, the report confirms making Border Force a stand-alone organisation in the Home Office was the right thing to do. It has enabled the organisation to focus on delivering on the operating mandate, and I think that under the new permanent leadership of Sir Charles Montgomery, that process will continue.
Dr William McCrea (South Antrim) (DUP)
Is the substance of what is reported in the national newspapers accurate or inaccurate, and what challenges does the Minister think still remain?
Mr Harper
Having gone through the report very carefully, I think that it is probably fair to say that not all the national newspapers over-egged the pudding in how they reported the report. I thought that the report was very balanced. The interviews that the National Audit Office did this morning were very balanced. It made the point that Border Force is doing lots of things very well, but it recognises that there are still challenges. I think that I echoed that tone in my remarks. We have made significant improvements, but there is still more work to be done. That, in a nutshell, is what the NAO said in its report, and we are grateful for the work that it does.
Sir Tony Baldry (Banbury) (Con)
My hon. Friend said that last year Border Force detained some 6,000 people at Calais trying to enter the UK. Presumably, all of them were already illegal immigrants in France. Following on from the comments of the Chair of the Home Affairs Committee, the right hon. Member for Leicester East (Keith Vaz), can my hon. Friend tell the House what the French are doing to remove from their jurisdiction illegal immigrants who are intent upon entering our jurisdiction?
Mr Harper
My hon. Friend asks a two-part question. The first part was whether everyone trying to enter the UK illegally is necessarily in France illegally. That is not necessarily the case. France is in Schengen, of course, and there are people who are entitled to be in France but who do not have the right to enter Britain illegally in the back of a lorry, so we stop them entering. Some of them are, of course, in France illegally, however, and we work with our French colleagues by doing what we can to help them to make sure they are removed from France. Not all of them will be in France illegally, however, and I reiterate what I said in response to the Chair of the Home Affairs Committee: partnership-working with our colleagues in France is very important and works very well, and we want to make sure that that strong relationship continues because it is how we keep our border secure.
Mr Geoffrey Robinson (Coventry North West) (Lab)
Did I hear the Minister right when he said we are doing less well on illegal cigarettes? That is very noticeable in Coventry, which has become a centre nationally for massive trafficking in cigarettes. Does he agree with the NAO director, Louise Bladen, that—despite all the reassurances he has given us, with great politeness and courtesy—it is just not the case that the resources are there to deal with cigarettes, for example, which are continuing to flood in?
Mr Harper
We do a very good job in intercepting hundreds of millions of illegal cigarettes every year, bur I was making a point about the relative focus. The last NAO report found that we were meeting and exceeding our targets on class A drugs and firearms. On cigarettes, we were doing less well, but we are still intercepting hundreds of millions of cigarettes. We work with our colleagues overseas to intercept where they are being manufactured and brought into the country. I have seen lots of examples from visits of where our officers have intercepted considerable volumes of cigarettes. That work needs continuous attention. I was simply making the point that, clearly, if we are going to focus our resources, I would prioritise dealing with class A drugs, firearms, illegal immigration and people who put weapons together above cigarettes, but that was in no way to say that dealing with the illegal smuggling of tobacco was in any way unimportant.
Michael Ellis (Northampton North) (Con)
I congratulate the Minister because it is clear that the Department under his leadership has been doing much—
Michael Ellis
Under his leadership on the immigration issue, the Department has done extremely well to improve UKBA over the last year, because is it not true that we inherited a massive pig in a poke from the last Labour Government, including massive net immigration, uncontrolled transitional arrangements for eastern Europeans, the Human Rights Act 1998, a 450,000 asylum backlog and all the rest of it? The Minister inherited a complete mess from the Labour party, and does he agree that we are doing everything to improve that position?
Mr Harper
I agree with my hon. Friend, and let me say two things. On the cigarette point, despite the fact that the last report found that we were not hitting the target for cigarette seizures, cigarette seizures were still up by 7%, so Border Force was improving its performance; it just was not improving it fast enough to hit our very ambitious targets. In answer to my hon. Friend’s general point, what he said provides me with a good opportunity to say that I am glad to be able to report that that huge asylum backlog was largely sorted out before I became Immigration Minister by my excellent ministerial colleague, my right hon. Friend the Member for Ashford (Damian Green), so I had a much better inheritance than the one that he inherited from the Labour party.
Pamela Nash (Airdrie and Shotts) (Lab)
The NAO report and the Minister’s answers today have made it clear that freight checks were adversely affected as a result of staff shortages and policy changes. Can he tell us how many illegal migrants have been found on freight this year and in previous years?
Mr Harper
I do not think I acknowledged that at all. In terms of the figures that I set out for Calais, 6,000 attempted illegal migrants were intercepted last year and so far this year we are running ahead of that rate, so I am confident that the full-year total will be ahead of it. The performance is improving, therefore. I saw that myself when I visited, and our officers do an excellent job in stopping people even getting to the UK. That is why the juxtaposed controls are so important.
Mr Nick Gibb (Bognor Regis and Littlehampton) (Con)
Does my hon. Friend share my constituents’ anger about the last Labour Government’s record on immigration? They allowed net immigration to rise from about 35,000 a year to over 200,000 a year in the Labour years. May I congratulate my hon. Friend and the Home Secretary on reducing net immigration by a third in just three years in office?
Mr Harper
My right hon. Friend is right; that is certainly the view that I get, too. There is one thing that Labour never acknowledge when criticised on this. They happily acknowledge that they made mistakes on immigration from eastern Europe, but they forget to tell the public that, under their watch, immigration from outside the EU went up by far more. They have never apologised for that.
Pete Wishart (Perth and North Perthshire) (SNP)
Will the Minister assure me he will not bring these xenophobic “go home” hate vans to Scotland, and will he remove the unwanted, disgraceful “go home” materials from the UKBA office in Glasgow?
Mr Harper
I do not think the hon. Gentleman reflects the views of the public in the way that he characterises those vans. The majority of people in this country want a very robust stance. Asking people who have no right to be in the UK—who are here unlawfully, taking the mickey out of everyone else—to go home, as they should do, rather than forcing the taxpayer to spend up to £15,000 on arresting, detaining and enforcing their removal, is a very sensible thing to do, and I am not going to apologise for it.
David Morris (Morecambe and Lunesdale) (Con)
I represent the port of Heysham, where we have had success in stopping tobacco smuggling. Does my hon. Friend agree that this is good news under your tenure, and would you like to come to the port and see how it does it?
Mr Speaker
Order. I have no plans to do so, I must say, and I am not aware of any tenure of mine, but the Minister may seek to address the matter.
Mr Harper
Mr Speaker, you are, of course, always welcome to visit any of our ports if you want to do so. I would be very pleased to take you on a conducted tour if ever you have a moment and are willing to do so.
In answer to my hon. Friend’s question, I will look at my schedule of visits. I am always happy to visit our operations around the country to see what our officers are doing on the front line. I find those visits very illuminating, and as I have said, officers take advantage of them to share with Ministers and the director-general both the things that are going well and the things that they think we ought to focus more on.
Mr Khalid Mahmood (Birmingham, Perry Barr) (Lab)
What checks have been made on individuals with serious criminal records from eastern Europe entering the UK?
Mr Harper
Checks are made, but to some extent we are dependent on what other countries tell us. The hon. Gentleman may be aware that the second generation of the Schengen information system will hugely improve our ability to share criminal record information with our European partners, and when that comes online in the next year or so, it will give us a much greater ability to stop known criminals entering the UK and therefore enable us to protect the border better.
Gavin Barwell (Croydon Central) (Con)
May I draw my hon. Friend’s attention to what the NAO had to say about the improvements that Border Force has made at Gatwick? Does he agree that that is illustrative of the wider picture, which is that there is absolutely no room for complacency and further improvements are needed, but today our border is more secure than it was under the last Government, when hundreds of thousands of people were allowed to come into this country illegally?
Mr Harper
I am pleased to agree with my hon. Friend’s sentiments. He might be interested to know that, as announced just today, our Border Force officers seized 8 kg of cocaine, with a street value of up to £800,000, at Gatwick airport. That demonstrates the sort of work that they carry out every day to keep the country secure, both from those who come here who should not be here and from harmful goods that people try to bring into the country.
Andy Sawford (Corby) (Lab/Co-op)
A week after the Home Office’s racist “go home” vans had been touring English cities, I visited the mosque in Corby and was appalled to find outside it the words “go home” in very large letters. That was the act of a tiny minority of people in my community, spurred on by the Government’s racist attack on people in this country.
Mr Harper
I simply do not agree with the hon. Gentleman and, if the polling is to be believed, neither do the British people. Most people in this country do not agree with that characterisation of our pilot. It was clearly aimed at people who have no right to be in the country, not at British citizens or people who are here lawfully. We were asking people who were here illegally to leave the country. We are running a pilot and we will look at its results to decide whether or not it should be rolled out. I simply do not agree with him, and I do not think the British public do either.
Mr Andrew Turner (Isle of Wight) (Con)
Massive net immigration, 450,000 asylum seekers in a backlog, no transitional controls and the Human Rights Act—that is the shambles we were left by the Opposition. May I say how brilliant it is that the Government are sorting it out?
Mr Harper
I am grateful for my hon. Friend’s comments. As I have said, it is a bit rich listening to the Labour party moan about all the things that it left us and we are fixing—that constant refrain applies across all Departments. May I say, in answer to a previous question, that the second generation of the Schengen information sharing system will be online, under the current plan, at the end of October 2014? That will very much improve our ability to deal with criminals from elsewhere in the European Union.
Jim Shannon (Strangford) (DUP)
Cigarette smuggling through the airports in Northern Ireland is excessive; there is also some indication of paramilitary involvement. Border Force staff have told me that, if there were more staff, they could combat the issue clearly at the airports. What steps will the Minister take to ensure that extra staff are made available in Northern Ireland to take on this issue?
Mr Harper
Obviously, we look at the intelligence available to us, particularly on freight. I am well aware of the potential paramilitary implications in Northern Ireland of cross-border smuggling and the fact that organised crime may be funded in this way. So we look at that information on organised crime. We have also created the National Crime Agency, albeit with restrictions on its actions in Northern Ireland in the criminal justice sphere. In the border field, however, the border policing command, the improved intelligence that we get and the increased ability to combat crime will be helpful in combating both the crimes the hon. Gentleman has mentioned and others that cross our borders.
Stephen Metcalfe (South Basildon and East Thurrock) (Con)
The London Gateway port is opening this autumn, so my constituents will welcome the improvements identified by the NAO and the tightening of our border controls. Does the Minister agree that it is time for the Labour party to just say sorry for the chaos that it left us to sort out?
Mr Harper
I agree with my hon. Friend. I have looked at some of the plans for the London Gateway, which is an excellent development; it is a really important port. I sense that London Gateway and Felixstowe will be competing with each other as to which is the largest port in the United Kingdom. We work closely with the port operator, and we will properly resource the checks at the port. He can have confidence that we will do that.
Charlie Elphicke (Dover) (Con)
My constituents, many of whom work at the controls in Dover and Calais, think that the Government have had real success in stopping illegal entry into this country, after years when people could basically just wander in. However, my constituents do have concerns about smuggling and trafficking, so will the Minister seek to prioritise lorry checking at Dover and investment in smashing international supply chains for traffickers and smugglers?
Mr Harper
I am grateful for my hon. Friend’s comments. Again, I had the pleasure of visiting the port in his constituency and talking to officers, who raised some of the points that he has just raised with me about getting that balance right across Border Force between checking people and checking goods. We keep that under review, looking at the intelligence about the threats to the United Kingdom. We deal with that on a daily basis, and I hope that I can give him that reassurance.
British Citizenship Applications (War Crimes)
Mark Harper Excerpts(11 years, 5 months ago)
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The Minister for Immigration (Mr Mark Harper)
I have made the Equality (War Crimes etc.) Arrangements 2013 and the Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2013 to enable the Minister to subject applications from certain nationalities for British citizenship to more rigorous scrutiny than others for the purposes of determining whether the applicant has committed, been complicit in the commission of, or otherwise been associated with, the commission of war crimes, crimes against humanity or genocide.
The Equality (War Crimes etc.) Arrangements 2013 are made under paragraph (l)(l)(d) of schedule 23 to the Equality Act 2010, and replace the Equality (War Crimes etc.) Arrangements 2011. The corresponding Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2013 are made under article 40 paragraph 2(c) Race Relations (Northern Ireland) Order 1997 and replace the Race Relations (Northern Ireland) (War Crimes etc.) Arrangements 2011.
The condition for subjecting these applications to more rigorous scrutiny is that the applicant is a national of a state specified on a list approved personally by the Minister for the purpose of the arrangements.
I have now reviewed and approved this list. I am satisfied that the conditions set out in the arrangements are met in respect of the countries on the list.
The arrangements will remain in force until revoked. I will review the arrangements and the list annually.
I am placing copies of the arrangements in the Libraries of both Houses of Parliament.
EU Directive (Categories of Migrants)
Mark Harper Excerpts(11 years, 5 months ago)
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The Minister for Immigration (Mr Mark Harper)
The Government have decided not to opt in at this stage to the Commission’s proposal for a directive of the European Parliament and of the Council on the conditions of entry and residence of third country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing.
The proposed directive would repeal and replace existing directives 2004/114/EC and 2005/71/EC which are concerned with the entry and stay of third country students and researchers. The UK has not opted into the existing directives.
The Government consider that policies regulating the admission of students, researchers and other categories of migrant covered by the new proposal are best determined at national level. They have concerns that the new proposal may undermine the reforms of the immigration system which the Government have undertaken in order to reduce abuse of the student route and protect the labour market while continuing to ensure that the United Kingdom continues to be an attractive destination for students from overseas. The measures may therefore undermine the UK’s ability to control immigration in the national interest.
It would be possible for the UK to seek to participate in the directive after its adoption if this were to change.
2014 JHA Opt-out Decision
Mark Harper Excerpts(11 years, 5 months ago)
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Sir Alan Beith
There has been argument about that from two Members who devote a great deal of time to the issue and I am reluctant to become the arbiter of this argument. All we sought to secure in our capacity as Committee Chairs was that the Committees’ ability to do the job was not inhibited and could not be restricted by someone pointing to the wording and saying, “You can’t discuss that possibility. It’s outwith your reach.” What the Government had made clear all along and made clear again to me in a telephone call last week while I was away with the Justice Committee was that there is to be a second-stage process as originally envisaged, and at that stage there will be confirmation of what is at present clear Government policy as to what the list is, following consideration of the representations and views that may be put forward by any of the relevant Committees.
I do not believe that in seeking to meet the Committees’ wishes and excluding those words, the Government are seeking to change their policy. They are simply making it clear that the procedure is an open one in which Committees can put forward their representations, whether they support the list or seek variations in it.
The Minister for Immigration (Mr Mark Harper)
I confirm that that is the case, but let me be clear that what the Home Secretary said about the need for this House to take a view was that it is not a legal but a political issue. The European Commission has made it clear that it will not engage in a discussion or a negotiation until we make clear the view of the Government and this Parliament. That is what the Home Secretary said in her speech and that remains the Government’s position.
Oral Answers to Questions
Mark Harper Excerpts(11 years, 5 months ago)
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Gordon Henderson (Sittingbourne and Sheppey) (Con)
2. What steps her Department is taking to control immigration and ensure that net migration continues to fall.
The Minister for Immigration (Mr Mark Harper)
Net migration is down by more than a third since the election, and immigration has fallen by 100,000, bringing it to its lowest level since 2003. The Government will continue to take steps to ensure we hit our target of getting net migration down to tens of thousands by the general election.
Gordon Henderson
I welcome the consultation into tackling illegal immigration in privately rented accommodation, but does my hon. Friend join me in encouraging hotel and guest house owners to engage in that consultation process so that their views can be fully represented?
Mr Harper
I welcome that, and anyone with an interest in our proposal should respond to the consultation so that we can take their views into account. I reassure those whom my hon. Friend represents that our proposals are aimed at those renting their only or main home, so they should not be a great concern to those running guest houses or hotel accommodation.
Keith Vaz (Leicester East) (Lab)
Immigration control must be firm but also fair. Last Tuesday, the courts ruled that Jimmy Mubenga was unlawfully killed while being escorted to the airport by G4S, and two days later the Justice Secretary said that G4S and Serco had been overcharging his Department over a number of years. Given that those two companies hold contracts worth £180 million with the Home Office, will my hon. Friend initiate an audit into the quality of their immigration work as well as their charging policies, to ensure that his Department has not been overcharged?
Mr Harper
The right hon. Gentleman who chairs the Home Affairs Committee will know following the Lord Chancellor’s statement last week, that across Government the work he has called for is already under way to review all contracts that those companies hold with the Government, to check on how they are being conducted, and specifically on how they are charging the Government. That work is under way and colleagues will report to the House in due course.
Dr Julian Huppert (Cambridge) (LD)
The Minister will be aware that education is one of our greatest exports and we benefit hugely from genuine students who come to this country to study. Will he confirm that the Government will not introduce a cap on students who come here to study, and say that he would not support one?
Mr Harper
I can give my hon. Friend that assurance. The Government have been clear: we have rooted out abuse and removed the ability of hundreds of colleges to bring in international students. However, we welcome genuine students to Britain and to our excellent universities. We made it clear in the mid-term review that there is no cap, and we welcome the brightest and best, wherever they come from in the world, to come and study in the United Kingdom.
Mr Ian Davidson (Glasgow South West) (Lab/Co-op)
Will the Minister accept that the net migration figure can be manipulated by making Britain so unattractive that people wish to leave? Surely the figure that should be looked at is the one for gross immigration, and surely that cannot be controlled until we stop the free movement of people from the European Union.
Mr Harper
I make three points to the hon. Gentleman. First, as I said to my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson), the immigration figure—the gross number—is down by 100,000 to its lowest level since 2003. My second point concerns people in the United Kingdom who have no right to be here. I actually want them to leave, which will contribute to reducing net migration. Thirdly, on the in-flow of people from the EU, as he will see from the numbers, the EU is not where the bulk of net migration comes from; the majority of people coming to Britain come from outside the EU.
Mr James Clappison (Hertsmere) (Con)
In the light of the recent upwards revision of the migration figures between 1997 and 2010—an additional 500,000 migrants were found, meaning that overall immigration in that period was 4 million and that net migration under the last Government was 3 million, which amounted to three cities the size of Manchester—can my hon. Friend assure me that in the future we will have robust statistics and no return to the open-door policies favoured by the last Government?
Mr Harper
My hon. Friend will know that Migration Watch has written to the Office for National Statistics about that historical period, and I understand that it is engaged in a dialogue about it. I also understand from the ONS that it has revised its methodology so that its current recording of statistics is accurate, but his general point is very sensible: we had a period of uncontrolled immigration under the last Government—a mistake that this Government are not going to make.
Pete Wishart (Perth and North Perthshire) (SNP)
Does the Minister finally recognise that Scotland has its own immigration issues, and can he name just one thing that the Government have done to help us to address our distinct problems and issues?
Mr Harper
One thing is that the number of foreign students going to excellent universities in Scotland is up, as it is across the whole of the United Kingdom. The hon. Gentleman’s desire to have a border between England and Scotland and to turn England into a foreign country is not one welcomed by people either in England or in the rest of the United Kingdom, including in Scotland.
Philip Davies (Shipley) (Con)
The coalition agreement said that exit checks would be in place by 2015. Will the Minister guarantee that this commitment will be met and explain how he will deliver on it?
Mr Harper
As my hon. Friend might be aware from conversations elsewhere and questions I have answered, that is a clear coalition commitment, and through the work we have done already, including through the data we collect on our e-Borders programme, we already have quite a bit of coverage of those coming into or out of the UK. It is a much better system, actually, than exists almost anywhere else in the world. Further work needs to be done, and that work is under way, as we progress towards 2015.
Grahame M. Morris (Easington) (Lab)
3. What recent assessment she has made of the effectiveness of UK laws on guns.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
7. What estimate she has made of the number of student visitor visas that have been issued in the last year.
The Minister for Immigration (Mr Mark Harper)
In the 12 months to March 2013, 69,542 student visitor and extended student visitor visas were issued—6% more than in the year to March 2012. A recent study conducted by the Home Office showed that student visitors come mainly for short courses or university summer schools and make a valuable contribution to economic growth.
Bridget Phillipson
I am grateful to the Minister for his answer, but he will know that last year the independent chief inspector raised concerns about the risk of abuse in the student visitor visa system. What action is he going to take to address these concerns, strengthen the check and close this loophole?
Mr Harper
There is not a loophole. If the hon. Lady had listened to my answer to her question she would know that I said—and I said the same thing at questions last month—that we have conducted a research study that clearly showed that the route is not abused and that there is no sign at all in respect of the nationalities on which we clamped down on tier 4 visas of any increase in student visitor visas. A significant portion of those coming to the country as student visitors are non-visa nationals, half of whom are from the United States of America.
Mr Speaker
The Minister should not be discouraged in any way. In my experience, politicians may have to say things several thousand times before they are heeded. The Minister is getting some good practice.
Greg Mulholland (Leeds North West) (LD)
We must of course ensure that our visa system is fit for purpose, but will the Minister acknowledge the importance of non-EU students not only to the national economy but to local economies? There are 33,000 in Yorkshire and the Humber and 5,795 at Leeds university alone, and they make a huge contribution to the local area.
Mr Harper
I do acknowledge that, and, as I made clear in answer to an earlier question, we have no plans to cap the number of students who come to our excellent universities and make a valuable contribution to growth. The best of them will have an opportunity to remain here after their studies if they find graduate-level jobs that pay decent salaries, and they are very welcome to do so.
Chris Bryant (Rhondda) (Lab)
I warmly congratulate the Minister on slapping down the swivel-eyed loons in his own party who are calling for a ban on non-EU students, but does he not understand that his own policy is effectively introducing a cap? That is why the Prime Minister had to fly to India to beg people to start coming back to study in this country. When will the Government stop undermining British universities and colleges which are trying to compete around the world for this important market?
Mr Harper
That is because a significant number of people who have come to this country in the past purporting to be students have not actually been students. We have rooted out a large number of bogus colleges that were abusing the immigration system, and I make no apology for our having done so.
Richard Graham (Gloucester) (Con)
8. What assessment she has made of the potential effects of introducing a bond requirement for visiting nationals from countries deemed to be high-risk.
The Minister for Immigration (Mr Mark Harper)
On 3 July I launched a public consultation on proposals to strengthen arrangements for regulating migrant access to the NHS in the forthcoming immigration Bill. We are working across Government to build immigration policy into our benefits, health and housing systems and other services.
Stephen Phillips
I am grateful to my hon. Friend for that answer, and I welcome the consultation that has been announced. Can he confirm that bringing immigration enforcement back into the Home Office will deter all forms of abuse of our immigration system, including health tourism?
Mr Harper
I can give my hon. and learned Friend that assurance. Part of the reason for the Home Secretary’s decision is to have two very clear cultures within what was the UK Border Agency, so we have both high-quality, fast decisions for those applying for leave to enter the UK and stay here and a very good enforcement function with a clear law enforcement culture. That is what we are building and will continue to build.
George Freeman
First, may I congratulate the Home Secretary on the excellent news of Abu Qatada’s deportation? Does she agree that nothing symbolises the broken covenant of citizenship or fuels political disengagement more than the inability of Government to ensure that public services such as welfare are there for citizens who pay for them, rather than illegal immigrants who do not?
Mr Harper
I agree, and that is part of what we are trying to achieve in our proposals on the health consultation, on landlords and on the consultation we published last week on cracking down further on illegal working. We want Britain to be a welcome place for those who come here to contribute, but we want to deter those who do not, and make sure those who are here without any legal status are removed or leave the country.
Kevin Brennan (Cardiff West) (Lab)
In introducing measures to protect public services, will the Minister take care not to bring about unintended consequences? One of my constituents, a UK citizen, has been studying in the US and cannot bring his wife into the country from the US because while he was studying she was supporting him. He was therefore not earning the threshold income that is now required to come to the country, despite the fact that he has a contract here with money well above the threshold. Will the Minister look into that issue?
Mr Harper
I clearly do not know all the details of the specific case the hon. Gentleman raises, but if he writes to me about it I will look into it. The general principle of our family migration reforms, however, was to make sure those who wanted to bring family members to Britain were earning above a certain level of income so they supported their family, rather than expecting the taxpayer to do so, and that general principle is a very well founded one.
Sheila Gilmore (Edinburgh East) (Lab)
The Minister said that he was already cracking down on businesses that were employing illegal immigrants. Why then has the number of businesses that have been fined decreased in the past two years?
Mr Harper
That is a question I answered at the previous oral questions and I was frank with the Member who asked it—I said it is an area where we need to do better. I think the hon. Lady will find when we publish our performance statistics for this financial year—since the creation of our immigration enforcement organisation —that the numbers are going in a much more positive direction.
Mr Speaker
We are short of time but let us have a brief snippet from Christchurch.
Mr Christopher Chope (Christchurch) (Con)
Why does my hon. Friend not make it a criminal offence to be an illegal immigrant?
Mr Harper
It is, of course, the case that people in the United Kingdom without leave are breaking our laws, but our primary objective for those here without leave is to remove them from the country. It would be self-defeating to prosecute all of them and lock them up in prison, as we would thus be keeping them here for longer and making sure the taxpayer paid a higher cost.
Fiona Mactaggart (Slough) (Lab)
12. What steps she is taking to make Britain more hostile to traffickers engaged in modern day slavery; and if she will make a statement.
Richard Ottaway (Croydon South) (Con)
14. How much has been received under the Proceeds of Crime Act 2002 from those convicted of human trafficking in the last three years; how much has been paid out to victims of trafficking in compensation; and if she will make a statement.
The Minister for Immigration (Mr Mark Harper)
The Government are committed to fighting human trafficking, as my right hon. Friend the Home Secretary set out in an earlier answer. Over £2 million has been recovered from traffickers in the past three years. Victims can apply for criminal injuries compensation and the Government pay £3 million a year for support services for victims through our contract with the Salvation Army. The figures on compensation paid to trafficking victims are not collected centrally.
Richard Ottaway
As victims are usually without support of any kind once they have left Government-funded shelters, and the avenues for claiming compensation are extremely limited, would it not make sense to take the funds confiscated from traffickers and put them into a fund for the benefit of victims of abuse?
Mr Harper
I thank my hon. Friend for his question. I would say a couple of things. First, the Government think that the priority should be making it easier for victims to secure compensation from confiscated assets, and we are working with the Ministry of Justice and the Crown Prosecution Service to achieve that. Secondly, victims of trafficking who leave Government-funded support through our contract are helped appropriately, either to return to their home country to a safe environment where they will not be retrafficked or, if they claim asylum through the asylum system or if their immigration status allows, to remain in the United Kingdom.
Mr Geoffrey Robinson (Coventry North West) (Lab)
Is not the point what was put to the Minister by the hon. Member for Croydon South (Richard Ottaway)? An amount is collected, and we have no indication or record as to how much of that is paid to victims. Until we know that we do not know how efficient the system is, and the Minister needs to know.
Mr Harper
The point I made is that information on awards made by judges in compensation orders and so on is not collected by the Government. However, we spend £3 million on our Salvation Army contract, which supports victims of trafficking to give them a period of reflection after they have been saved from traffickers. That is a valuable process that we continue to support.
Kate Green (Stretford and Urmston) (Lab)
T6. What changes will the Home Office make to the family migration rules in the light of the recent High Court finding that the income threshold is onerous and unjustified?
The Minister for Immigration (Mr Mark Harper)
That is not quite what the judgment said. We are considering the judgment very carefully. The judge made it quite clear that the Home Office was perfectly entitled to have an income threshold that applied nationally. The judge said that in certain circumstances he had some concerns. Applications where that is the only issue on which the case would have been rejected are being held and we will make an announcement in due course.
Mr John Leech (Manchester, Withington) (LD)
Does the Minister accept that, unless safeguards are put in place for landlords taking reasonable steps to verify immigration status, there is a real danger of discrimination against foreign nationals from landlords choosing to avoid the risk by simply not renting properties to them?
Mr Harper
The hon. Gentleman raises a good question, which we thought about carefully. To reassure him, first, landlords will have to check the documents of everyone to whom they want to rent property—there are similar checks with employers—so they will have to confirm that someone is a British citizen or has leave to be in the country. Secondly, they are bound by the provisions of the Equality Act 2010 not to discriminate against somebody on the grounds of their race or nationality.
Civil Penalty Scheme
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The Minister for Immigration (Mr Mark Harper)
Last week we published proposals to regulate migrant access to health services and prevent access by illegal migrants to privately rented accommodation, with measures to be taken forward in the Immigration Bill. Today we are launching a consultation on proposals to strengthen and simplify the civil penalty scheme to prevent illegal working. The consultation will run for six weeks. A copy will be available in the House Library and on the Home Office website at: http://www.ukba.homeoffice. gov.uk/policyandlaw/consultations/.
Illegal working encourages illegal immigration. It also undercuts legitimate businesses through illegal cost-cutting activity by rogue employers, and is often associated with other forms of exploitative behaviour—including harmful working conditions for employees and tax evasion. The Government are committed to taking action to effectively tackle illegal working. The Prime Minister and the Deputy Prime Minister have recently proposed that the civil penalty against employers who exploit illegal labour should be doubled.
Employers already have a responsibility to check that their employees have the right to work in the UK and, since 2008, this has been underpinned by a civil penalty scheme. This has been successful in requiring employers to make right to work checks and imposing a sanction on those who do not. We are proposing to further refine these requirements to get tougher on employers who continue to exploit illegal labour and increase the sanction to reflect the harm they cause. We are also conscious of the burdens on legitimate business, so we are also proposing a number of measures to significantly reduce the administrative costs of complying with the requirement to make right to work checks. Legitimate businesses will benefit in two ways: from tougher sanctions against rogue employers and from our intention to make it easier for compliant businesses to fulfil their duties.
The Immigration Bill will make it more difficult for illegal migrants to live and work in the UK. We want to ensure that people come to the UK for the right reasons. As we extend a warm welcome to the many migrants who make such an important contribution to life in the UK, we want to see tough action against those who have no right to be here, and also against the unscrupulous employers who exploit them.
Commission on Security and Cooperation in Europe
Mark Harper Excerpts(11 years, 5 months ago)
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Mr Raab
To ask the Secretary of State for the Home Department if any of the 60 individuals named on the list published by the Commission on Security and Co-operation in Europe, individuals involved in the tax fraud against Hermitage and the torture and death of Sergei Magnitsky, published in June 2012 have visited the UK in the last year; and if she will disclose the details of any such visits.
[Official Report, 18 April 2013, Vol. 561, c. 499W.]
Letter of correction from Mark Harper:
An error has been identified in the written answer given to the hon. Member for Esher and Walton (Mr Raab) on 18 April 2013.
The full answer given was as follows:
Mr Harper
It is long-standing policy not to disclose details of records which may be held in relation to arrivals in the United Kingdom. The Home Office Special Cases Directorate is already aware of the individuals on the list and has taken the necessary measures to prevent them being issued visas for travel to the UK.
The correct answer should have been:
Mr Harper
It is long-standing policy not to disclose details of records which may be held in relation to arrivals in the United Kingdom. We do not make decisions on entry into the UK speculatively. We are aware that some individuals have been linked to the arrest, detention and death of Sergei Magnitsky. Any application for a visa to come to the UK will be considered on the individual merits of the case in line with our usual practice.
UK Border Agency
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The Minister for Immigration (Mr Mark Harper)
The UK Border Agency annual report and accounts 2012-13 has been laid before the House today. Copies will be made available in the Vote Office.
Identity and Passport Service
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The Minister for Immigration (Mr Mark Harper)
The Identity and Passport Service—now renamed Her Majesty’s Passport Office—annual report and accounts 2012-13 has been laid before the House today and copies are available in the Vote Office.
Armed Forces Family Migration
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The Minister for Immigration (Mr Mark Harper)
This statement informs the House of changes to the immigration rules affecting members of Her Majesty’s forces and their families, which will be laid before Parliament in September to come into force on 1 December 2013. Full details are included in a statement of intent which I have published today. Copies are available in the Library of the House and on the Home Office website.
Changes to the immigration rules affecting non-European economic area (non-EEA) nationality family members of British citizens and persons settled here were implemented on 9 July 2012 as part of the Government’s overall programme of reform of immigration routes. Those changes aimed to ensure that non-EEA family members seeking to live in the UK will not become a burden on the taxpayer and will be able to integrate effectively in British society.
Under temporary transitional arrangements, non-EEA family members of British citizens serving in Her Majesty’s forces were exempted from the family immigration rules changes pending a review of the rules affecting all non-EEA dependants of Her Majesty’s forces personnel, including family members of Foreign and Commonwealth citizens serving in Her Majesty’s forces. That review has now taken place and has produced a single set of rules covering the non-EEA family members of British service personnel and also the families of Foreign and Commonwealth citizens serving in Her Majesty’s forces, including Gurkhas discharged since 1 July 1997. The new rules will cover the dependants of service personnel currently dealt with under parts 7 and 8 of the immigration rules. They are intended to align the treatment of non-EEA family members of service personnel with the general approach to family immigration. At the same time they aim, so far as possible and appropriate, to treat all non-EEA dependants of service personnel in the same way, irrespective of the immigration status of the sponsor. And finally, they make special arrangements, in certain respects, to cater for the situations brought about by overseas postings which are a feature of service life.
With effect from 1 December 2013, the following rules will apply to armed forces families:
Service personnel who wish to sponsor their non-EEA dependants to enter or stay in the UK must meet a minimum income threshold of £18,600 for a partner, £22,400 for a partner and child and £2,400 for each additional child.
A basic English language requirement will also apply to all non-EEA partners seeking to enter or stay in the UK. This will be in line with the current such language requirement which applies to the partners of civilians and of serving British personnel.
Non-EEA partners of British and of Foreign and Commonwealth citizens serving in Her Majesty’s forces will serve a five-year probationary period before being eligible to apply for settlement.
To qualify for settlement, non-EEA partners and children between the ages of 18 and 65 will have to demonstrate a knowledge of language and life in the UK. This will involve passing the “Life in the UK” test and holding an intermediate level English language speaking and listening qualification. This is a new, more robust, requirement which is being introduced across the immigration system from 28 October 2013—as set out in the Home Office statement of intent on “Knowledge of Language and Life in the UK for Settlement and Naturalisation” published on 8 April 2013 and available at:
https://www.gov.uk/government/uploads/system/uploads/attachment data/file/182545/statement-of-intent-koll.pdf.
Dependants of serving British citizens, most of whom are already subject to a knowledge of language and life in the UK requirement, will switch to the new requirement from 28 October. Dependants of Foreign and Commonwealth citizens serving in Her Majesty’s forces, who are not currently subject to the requirement, will be required to meet it from 1 December.
The new armed forces family rules take full account of the principles set out in the armed forces covenant, which states that service personnel and their families should face no disadvantage as a result of service. Accordingly, the new rules will incorporate the following provisions specifically designed to accommodate overseas postings:
Applications may be made from overseas for all categories of leave under the armed forces rules.
The duration of a settlement visa under the armed forces rules will be extended to five years to enable a dependant to apply for settlement without having to renew their initial visa. This will remove the financial disadvantage currently faced by those who are overseas where application fees are more expensive than in the UK.
Time spent overseas on an accompanied posting will be regarded as time spent in the UK for the purpose of calculating the residence required for settlement.
The new rules will also remove some further anomalies and practical obstacles inherent in the current rules. Where a serving Foreign and Commonwealth member of Her Majesty’s forces naturalises as a British citizen, their family will be able to continue to progress to settlement; they will no longer need to switch immigration route because their sponsor’s immigration status has changed. Bereaved non-EEA partners of Foreign and Commonwealth citizens serving in Her Majesty’s forces will be treated in the same way as bereaved partners of British personnel and will be able to apply for settlement immediately if the sponsor dies in service, even if the death is not directly attributable to service. And alongside the new rules, we will deliver faster grants of settlement for service personnel on discharge, count reservist time on deployment towards residency requirements in the applicant’s substantive immigration status, and introduce an armed forces specific application form to facilitate identification and processing of applications from the armed forces community.
Transitional arrangements will apply to family members who already hold valid leave as a dependant of a service person, and to those who submit an application before 1 December 2013. These are set out in full in the statement of intent.
Taken together, these measures form a balanced set of provisions which reflect our overall approach to delivering a robust and sustainable immigration system, while taking account of the particular circumstances of the armed forces community.