All 4 Nigel Evans contributions to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

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Mon 18th May 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

2nd reading & 2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons & 2nd reading & Programme motion & Money resolution & Ways and Means resolution
Tue 30th Jun 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

Report stage & Report stage & Report stage: House of Commons & Report stage
Mon 19th Oct 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Wed 4th Nov 2020
Immigration and Social Security Co-ordination (EU Withdrawal) Bill
Commons Chamber

Consideration of Lords amendmentsPing Pong & Consideration of Lords amendments

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nigel Evans Excerpts
2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020

(3 years, 11 months ago)

Commons Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Read Hansard Text Read Debate Ministerial Extracts
Bell Ribeiro-Addy Portrait Bell Ribeiro-Addy (Streatham) (Lab) [V]
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I will not be voting for this Bill. I do not believe it should even be permitted to proceed through this House, and I tabled a reasoned amendment to that effect. The Bill certainly should not proceed at this time, when we are in the midst of a global pandemic.

The Government’s approach is fatally flawed. In plain language, it puts the cart before the horse and post-Brexit immigration legislation before the legal, economic and trade relationship with the EU is in any way settled. Our relationship with the EU will remain our most important external economic relationship for years to come, and it is important to get that right. Our immigration system should fit into that, not the other way around. Worse still, the Bill is supplemented by a whole slew of Henry VIII powers.

My constituents did not elect me to this House to hand away the right to speak up for them and represent them on these issues. What does our democracy even mean if any Government are given the opportunity to make laws that so fundamentally affect people’s lives and the economy with little scrutiny and behind closed doors? That is essentially a constitutional power grab. No Government should be given a blank cheque that they can redeem any time they are in trouble or are tempted to whip up anti-migrant sentiment as a distraction. Who would trust this Government with these powers? Immigration policy brought in by this Government has been bad enough as it is.

This will be the second time in the past 10 years that a Conservative Government have retrospectively changed the rights of migrants after they have entered this country, lived here, settled here, had children here, opened businesses here and paid taxes here. The Government did it in 2014 to the Windrush generation, and we saw just how many suffered, but as they are pressing ahead with the Bill, it seems that no lessons were learned. The Government’s commitments on EU nationals’ rights are meaningless if not underpinned by primary legislation and if they are not granted automatic settled status. The Bill does neither.

We cannot continue to allow Governments to keep passing legislation like this. It leaves migrants and their children asking at what point their rights in this country—their home—are truly secure. Instead of giving reassurances and creating a migration system that is fair, respects human rights and benefits our economy, this Government have opted simply to subject EU nationals to the same failed and inhumane hostile environment policies that they have had for people from outside the EU.

Children born here and who have lived here their whole life are asked to pay more than £1,000 to be British. Families are split apart because of the arbitrary minimum income threshold. Data sharing with the Home Office makes the most vulnerable scared to use services. The Government continue with no recourse to public funds, even though the courts have ruled it unlawful and the coronavirus has proved it inhumane. They detain people for months on end, even the victims of torture and trafficking—longer than any other country in Europe —only to eventually release nearly 70% of them, allowing private companies to profit from their misery. This Bill and the Government’s points-based system end none of those things.

In fact, the Bill does not even help our work shortages. The Institute for Public Policy Research has shown that under the income threshold, 69% of EU nationals would not be eligible. To all those who call such workers “low skilled”, I say that those earning below the salary threshold are not low skilled at all. There is no such thing as low-skilled work; just low-paid work. All work is skilled when it is done well. Persisting down this line is a slap in the face to those many key workers who are low paid and who have been our backbone throughout this pandemic. How callous is it to bring forward the Bill without being sensitive to those matters?

We need a fair immigration policy that does not retrospectively strip people of their rights—an immigration policy that meets this country’s needs and ultimately ends the hostile environment. The Government are not in any way attempting to do that. History proved right those brave few who voted against the Immigration Act 2014, and I urge all Members to vote down this disgraceful piece of legislation today.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I remind every contributor who is not physically here to please have a timing device ready so that you know when you are coming towards the end of your speech. In the Chamber, Members have a clock at their disposal.

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Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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We cannot hear Kate Osamor. We will move on to Natalie Elphicke and then come back to Kate.

Natalie Elphicke Portrait Mrs Natalie Elphicke (Dover) (Con) [V]
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I welcome this Bill, which brings in a points-based immigration system to ensure that immigration is controlled and that we have the skilled workforce that we need not just from the European Union but from around the world. Yet, while it is important to gain immigration status for the people with the skills that we need, it is also important that we have effective border security, particularly when freedom of movement comes to an end.

Last December, I was pleased to accompany the Under-Secretary of State for the Home Department, the hon. Member for Torbay (Kevin Foster), the Minister on the Front Bench tonight, in our joint inspection of the Dover Border Force operations at the docks. I thank the men and women of our Dover Border Force together with all in Her Majesty’s Coastguard and the RNLI for the sterling work that they do day in and day out, putting themselves in harm’s way and saving lives.

As the sun sets this evening, I can look across the English channel and see the twinkling lights of Calais. France is fewer than 21 miles away—more than three times closer than London. France is our long-term ally, but it is also our nearest European border. Great Britain is an island, our waters are her moat, and the stretch that Dover guards to France is and always has been our most vulnerable point of entry. That is why Julius Caesar first tried to land at Dover, before he was repelled by doughty Dovorians of past times.

The challenges we face today are a different kind of army; it is the army of people traffickers—organised crime gangs who prey on the vulnerable and the less vulnerable, all of whom have made the decision not to use legal points of entry or to stay safe in France, and many other countries before France. These illegal entrants can pay the traffickers up to £4,000 to break into our country, knowing that there is little or no chance of being returned once they get in. This is an unacceptable situation and has been for a long time. I strongly welcome the robust work of the Home Secretary in working afresh with France to stop more boats leaving the French shores and seeking to return would-be illegal entrants to France. However, it is incumbent on us, as Members of this House, to give the Home Secretary the legal tools that will support her and the Government in their clear determination to put a stop to this criminal trade in people, and to ensure that we can attract the skills that our country wants and needs from across the globe.

This Bill is about restoring the legal powers to control our own borders, to set our own rules, to encourage and welcome those we invite to our country, and to send away those who engage in criminal activity, such as illegal entrants. In Dover, we know that it is only when people traffickers and migrants alike know that they will not succeed in breaking into Britain that we will bring an end to these small boat crossings—and bring an end to them we must. The Dover straits is one of the most important and busiest shipping lanes in the world. There has already been loss of life in the English channel through this illegal activity. Every day longer that the activity continues, it risks further loss of life.

I welcome the Bill, which brings in a points-based immigration system to ensure that immigration is controlled and that we have the skilled workforce that we need, not just from the EU but from around the world, together with a framework for effective border security, to stop criminal activity and to save lives.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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We now go with audio only to Kate Osamor.

Kate Osamor Portrait Kate Osamor
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I am really grateful to you for calling me, Mr Deputy Speaker. As chair of the all-party parliamentary group on no recourse to public funds—[Inaudible.] I will make three important points today. First, the Government should be using the Bill to bring an end to the—[Inaudible]—does the absolute opposite. It punishes carers, nurses and others who have kept this country going throughout the current crisis. Many who have no recourse to public funds—[Inaudible]—particularly unjust in the light of the coronavirus. The Government should be playing a key role in changing their immigration—[Inaudible.]

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Kate, I am terribly sorry. We gave it a good go, but the audio kept coming and going. I should have a word with your broadband provider. I am terribly sorry. We really did want to listen to what you had to say, but I am afraid we are going to have to leave it there, because you were the final speaker. We will go straight on to the wind-ups. I call Holly Lynch.

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Kevin Foster Portrait The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)
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It is a pleasure to formally welcome the new shadow immigration Minister to her post; I have not had the chance to do so before at the Dispatch Box.

The breadth of views expressed by Members today clearly demonstrates how important an issue this is, not only to our constituents but personally. Given the unusual circumstances in which we meet, I will not have time to give a detailed response to each point raised, but will seek to respond to the broad themes that have been brought out in the debate.

The Bill is before the House not only to deliver on our manifesto pledges, but to lay the framework for our new immigration system, which will be fairer because we will treat people from every part of the world equally, while respecting our historic links with Ireland and the Belfast agreement, and firmer, because we will have control of our own borders from 1 January and all migration policy will be in the hands of this Parliament. It will be skills led, because the system will be based on the skills, talents and qualifications that people can bring to this country, not two radically different systems based on where someone’s passport comes from.

Let us be clear: this is a framework Bill, not an immigration shopping list. In response to some comments, especially from those who wish to build an economic version of Hadrian’s wall, I emphasise that this Bill sets up the framework for a single, global points-based migration system, with the rights of Irish citizens protected and ensuring the ability of Ministers to respond to any agreement on social security co-ordination.

The detail of our migration rules will continue to be set in secondary legislation, to ensure that they remain flexible and able to respond to changing situations but always based on the key policy principles I have outlined. The reaction to the coronavirus emergency shows why that is necessary. Imagine our having to pass primary legislation to amend visa end dates, automatically renew NHS workers’ visas, grant waivers to in-country route-swapping conditions or allow tier 4 sponsors to move courses online. Hence this Bill, in common with those on this subject that came before it, does not replicate the immigration rules in statutory form, and neither should the House regret its not doing so.

We have already moved to create the first part of our new migration system with the creation of our global talent route. I saw at first hand at Glasgow University what this could result in and the strong offer it presents, clearing the path for some of humanity’s most complex problems, such as the fight against malaria, to be solved by teams recruited on a global basis and based here in our United Kingdom. The new graduate route, which will be introduced next summer, will help to retain some of the brightest minds coming out of our universities, giving a simple path to future residence and settlement. As our universities see an increasing number of international students arrive to study here, we know that more will be inspired to make their life and career in vibrant locations such as Glasgow, Belfast, Exeter, Cardiff and Coventry. Our immigration system should allow them to do so.

I hear the frustrations of those who see our migration and humanitarian protection system being abused by those who engage in human trafficking—as highlighted well by my hon. Friends the Members for Dover (Mrs Elphicke) and for Hastings and Rye (Sally-Ann Hart) —and the risks being run by those using small boats to cross the channel. A key part of ensuring a fairer system is to tackle that type of behaviour. My hon. Friend the Minister for Immigration Compliance and the Courts is leading work on that, which is benefiting from the input of my hon. Friends.

The Migration Advisory Committee report earlier this year provided a strong and evidence-based view for our future points-based migration system. We accepted its key recommendations: a reduction in the general salary threshold for the key skilled worker visa from £30,000 to £25,600; moving the skills threshold from degree to A-level, to ensure that we include those with significant skills levels, such as senior carers; and tradable points, with a salary floor of £20,480 for jobs on the shortage occupation list or where significant potential is shown by holding a relevant STEM-based PhD. We are working hard to bring the new system into effect, and I thank the teams in the Home Office who have continued doing this in the extraordinary circumstances we have found ourselves in over recent weeks.

We will continue to work closely with the Migration Advisory Committee and its interim chair, Professor Brian Bell. My right hon. Friend the Home Secretary has already commissioned the Migration Advisory Committee to advise on the future shortage occupation list. Its call for evidence has now been issued, and that will provide an opportunity to look at the skills needs of a range of sectors that Members have highlighted today. I encourage all businesses to take part and have their voice heard; no one should allow themselves to be silenced. Several Members have been keen to highlight groups with whom I can speak about this. For example, I look forward to a video conference with seafood businesses in north-east Scotland arranged by my hon. Friend the Member for Banff and Buchan (David Duguid). I know he shares my passion for ensuring that the new migration system serves our whole Union and the skills needs of Scottish businesses, rather than the political aims of Scotland’s separatists.

Talking of serving the needs of our nation, no organisation has done that more than our NHS and social care services over recent weeks. Our new system will not just allow but actively welcome a range of health professionals to the United Kingdom. This will be via not only the points-based system being based on national salary scales for roles such as doctors, nurses and physiotherapists, but an NHS visa, which includes discounted fees and fast-track application processes for those with a job offer from our NHS or for those providing services to it. This process will build on the dedicated team that the Home Secretary has already established in UKVI to process applications from those with NHS job offers. Our social care sector will benefit from simpler processes to recruit qualified medical staff and key roles such as senior carers on a global basis.

One area that has been regularly queried in the debate is our acceptance of the MAC’s recommendation that there should be no general route for employers to seek to employ temporary or permanent employees on the legal minimum wage with limited training and no requirement to speak a basic level of English. I gently say to Members that if the lesson they have taken from the events of the last two months is that paying the legal minimum to those working in social care who migrate to the UK from low-pay economies is the right approach, they have drawn the wrong conclusion. Similarly, those who think that the migration system is the go-to option for recruitment issues in social care, rather than creating career paths and increasing the value of such roles, should read the MAC’s specific rejection of this.

No one can deny the economic impact that the measures necessary to deal with the coronavirus will have. Many of our friends and neighbours will need to find new employment opportunities, and it is therefore vital that our migration system aligns with this goal, rather than providing an alternative to it. I have welcomed speaking to my hon. Friend the employment Minister about how we can ensure that our goals align and that those seeing migration as their first port of call are instead steered to the efforts being made to get UK-based workers back into employment and to the Disability Confident scheme, which helps to get unique talents into the workplace. There will still be some flexibility. For example, there is provision for the further expansion of our youth mobility schemes, through which 20,000 young people come to the UK for a period of work and travel each year, along with the adult dependants of those who come as skilled workers, who can also access the employment market. However, we will not create a minimum wage general migration route.

Alongside creating our new points-based global migration system, we are also taking the chance to work on a long overdue simplification of the immigration rules. I am grateful to the Law Commission for its thoughts on this area of work, and we will take most of them forward as we create the new system. Many will not be headline-grabbers but changes that will make it easier for those who need to use our immigration system to both understand the requirements and to comply with them. This will sit alongside moves such as the abolition of the resident labour market test, which will make it easier for employers to recruit skilled labour, and will remove some of the bureaucracy and time associated with doing so.

Finally, it was predictable that some would use this debate to re-fight the battles of Brexit, despite the clear result in the recent general election. The Bill delivers one of the key commitments that the Government made: a single global migration system. However, we are also delivering on our pledge to protect those who have moved here and made their life here in good faith under the current arrangements. The European settlement scheme is the largest documentation of immigration status in UK history. More than 3.5 million applications have been received, with more than 3 million decisions made, and only a tiny number of refusals by comparison. I am afraid that those calling for systems where rights are granted but not recorded do not seem to have learned the lessons of the past. The European settlement scheme means those entitled can prove their status easily for the rest of their lifetimes, while also ensuring that those who arrive in years to come cannot abuse the scheme’s provisions.

We recognise that immigration is vital to the social, cultural and economic life of this country. The new system will aim to create global equality of opportunity, giving everyone the same chance to live and work in this country. The Bill is the first step in ending free movement, establishing a fair and equal immigration system and upholding the scientific and commercial excellence of our country. Above all, it will help us to build a better future for this country and its people as we rebuild after the impact of covid-19. I therefore commend the Bill to the House.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Before I put the Question, I confirm that my final determination is that the Question on Second Reading should be decided by remote Division. There is therefore no need for me to collect the voices, or for those present in the Chamber to shout Aye or No.

Question put, That the Bill be now read a Second time.

The House proceeded to a remote Division.

Nigel Evans Portrait Mr Deputy Speaker
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The remote voting period has now finished. I will announce the result of the Division shortly. As the next Question is contingent on the outcome of this Division, I will suspend the House for five minutes.

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On resuming—
Nigel Evans Portrait Mr Deputy Speaker
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I can now announce the result of the remote Division on Second Reading.

Question, That the Bill be now read a Second time.

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Bill read a Second time.
Nigel Evans Portrait Mr Deputy Speaker
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The Speaker announced to the House earlier this afternoon his provisional determination that remote Divisions would not take place on the following Questions relating to the programme motion, the money resolution, and the ways and means resolution. This is also my final determination.

IMMIGRATION AND SOCIAL SECURITY CO-ORDINATION (EU WITHDRAWAL) BILL (PROGRAMME)

Motion made, and Question put forthwith, (Standing Order No. 83A(7)),

That the following provisions shall apply to the Immigration and Social Security Coordination (EU Withdrawal) Bill:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 June 2020.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Tom Pursglove.)

Question agreed to.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Money)

Queen’s recommendation signified.

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, it is expedient to authorise the payment out of money provided by Parliament of:

(1) any expenditure incurred by a Minister of the Crown, a government department, a person holding office under Her Majesty or any other public authority by virtue of the Act; and

(2) any increase attributable to the Act in the sums payable by virtue of any other Act out money so provided.—(Tom Pursglove.)

Question agreed to.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill (Ways and Means)

Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),

That, for the purposes of any Act resulting from the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, it is expedient to authorise any fees or charges arising by virtue of the Act.—(Tom Pursglove.)

Question agreed to.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nigel Evans Excerpts
Alexander Stafford Portrait Alexander Stafford
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I am glad for that intervention. I am not here to say whose job it is, but one thing I can say is that I do not want rapists or paedophiles over here. If they can be deported, let them be deported. Let them be detained. That is what I stand for: strong law and order.

Rather than imposing 28-day limits, we should ensure that the whole asylum and removal system works much faster and more efficiently. Currently, the legal process can take years with protracted appeals. I am pleased that the Government are considering reforms to ensure that genuine asylum claimants can claim asylum faster, that decisions are made more quickly, and that delays will be eliminated. That is the efficiency of a Conservative Government. This will benefit not only communities such as Rother Valley, but those who find themselves in the system. The changes mean that the numbers in immigration detention will drop. I am proud that this Government are taking real action on immigration after decades of mismanagement by Labour. We in Rother Valley and across South Yorkshire know more than most about the Labour party ignoring our wants and needs. We have taken note of the fact that Labour voted against ending free movement and taking back control of our borders, yet again dismissing the will of the British people. Labour voted against our immigration Bill on Second Reading and the Leader of the Opposition, the right hon. and learned Member for Holborn and St Pancras (Keir Starmer), has declared that he would bring back freedom of movement if he were ever to become Prime Minister.

Labour cannot be trusted with control of our borders and it has proved that time and again. This Bill marks a new beginning for Rother Valley and for the United Kingdom as we exit the EU transition period and bounce back from coronavirus. We must build back better, build back greener, and build back faster. A sensible robust immigration system that works for Britain plays a central role in this strategy and guarantees a bright new future for my constituency and for our country. This Bill, unamended, does that. We promised this in 2019 and we are delivering. We are a Government who deliver. We are taking back control of our borders while those on the Opposition Benches want open borders.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. The time limit is now five minutes and it is likely to be reduced further later on.

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Therefore, we need to know now what the Government’s intentions are and we need to secure new clause 37 so that we can monitor the impact of their policies. I ask the Minister: what kind of future do they envisage for our creative industries? What kind of reciprocity do they foresee on social security arrangements and other practical limitations on the ability of those working in the creative industries and the arts to work elsewhere in Europe? How do they plan to underpin the ability of some of our finest artists, our best musicians and our most talented creatives to work across the continent, and the ability of their partners in the creative pursuits to work here? This could have a massive impact on the future of one of Britain’s most important sectors.
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I call Liz Saville Roberts.

Liz Saville Roberts Portrait Liz Saville Roberts (Dwyfor Meirionnydd) (PC)
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Diolch yn fawr iawn, Mr Dirprwy Lefarydd.

I rise to speak to new clause 11 in the name of my hon. Friend the Member for Arfon (Hywel Williams), and to support the amendments in the names of the right hon. Members for Haltemprice and Howden (Mr Davis) and for Normanton, Pontefract and Castleford (Yvette Cooper), and of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald).

Immigrants have always played an integral part in the vitality of our communities, but we have been told, of course, that covid-19 changes everything. That prompts the question: does it change how we handle immigration as much as it does our approach to health and the economy? There has been some interesting mention of the value of the high-skilled jobs that we will expect from this immigration policy, but it is worth taking a step back and considering how things have changed under covid. I understand that 70% of people believe that the crisis has shown the key role of immigrants in running our essential services—the essential services that we have been clapping on the streets for many Thursdays; I think there is another clap here on Sunday—while 64% of people say that they now value so-called low-skilled overseas workers. We are now looking at who provides our services, and how, in a different way.

Surely what we have here is a hostile, inhumane immigration environment, and that is exactly what we should be questioning. Does such an immigration policy reflect the sort of society that we hope to be after covid-19? Plaid Cymru’s proposal in new clause 11 challenges how this Bill presents a radical change in UK immigration policy without allowing a thorough debate about the details of its replacement or the implications—although, as can be seen from the nature of the amendments, there is much concern about those implications. Before we legislate, we should have a proper comprehension of the following: the impact of discriminatory “no recourse to public funds” conditions; the impact of NHS charging; the merits of removing all fees for visas and citizenship applications; and the merits of devolving powers over immigration to our nations, recognising the different needs of the different nations.

Finally—crucially, in the current context—our new clause calls on the Government to investigate the possibility of granting citizenship to all health and social care workers who have given so much during this crisis. A former Government did the right thing and granted citizenship to the Gurkhas. Health and social care immigrant workers have been fighting heroically on two fronts. They have fought on our behalf against the virus; they are now facing having to fight a hostile environment in the Government’s immigration policy. The new clause would be a means to right that wrong; it would reflect the public mood, and I beg the Government to consider adopting it.

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Claudia Webbe Portrait Claudia Webbe (Leicester East) (Lab)
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I am afraid that this Bill fails on every conceivable measure of a humane and just immigration policy, and I am concerned that my constituents are particularly vulnerable to the predatory aspects of this legislation. Some 43% of Leicester East residents were born outside the UK, as opposed to 10% nationally, and our citizens hail from over 50 countries around the globe. This diversity is what makes our city special, yet with a two-week lockdown extension announced in my home city, this Bill fails to protect its most vulnerable citizens. To ensure that every Leicester resident can seek the medical help they need during this increase in coronavirus, it is vital for full citizenship rights to be extended to undocumented workers, those with no recourse to public funds and people with no indefinite leave to remain, yet the Bill fails to provide the necessary protections.

Under most visa categories, migrants who are legally in the UK working and paying tax cannot access publicly funded support. The Migration Observatory estimates that nearly 1.5 million people currently have no recourse to public funds, including those with children who were born in the UK. For people who already face uncommonly difficult challenges in their daily lives, this pandemic has only deepened fears over how to maintain an income, remain healthy or even stay alive. Citizens Advice has recorded a 110% increase in people seeking advice about having no recourse to public funds during the pandemic, and a recent report from the Children’s Society found that almost half of children whose parents were born abroad live in poverty. The Government must introduce an amnesty for all migrants, including residency rights, for the duration of this pandemic and end the callous policy of no recourse to public funds.

An estimated 1 million undocumented workers lack any entitlement to support from the state. Many of these people are destitute and living in the shadows, unable to access healthcare and fearful of what will happen to them if they identify themselves. In nearly all cases, undocumented people are not criminals but simply those who have fallen through the cracks of the Government’s callous hostile environment policies. For people forced to endure this level of insecurity, it is impossible to comply with Government guidance on self-isolation and social distancing. With the overwhelming rise in coronavirus cases in my constituency and with a rate of infection that is beyond acceptable, it is imperative and in the best interests of everyone in our country that the basic needs of all our residents are met, especially given the disproportionate impact of covid-19.

The tragic irony is that many undocumented people, or those with no recourse to public funds who are living in constant fear of the state, work in the frontline services that the Government have been at pains the praise during this crisis. We must ensure that all frontline workers, regardless of their immigration status, are valued and protected as we rebuild our economy and society. It is vital that we repay the extraordinary contribution of frontline workers during the pandemic with a permanent extension of migrant rights. That means an end to the hostile environment, shutting detention centres and granting indefinite leave to remain for anyone living in the UK. In Leicester, the coronavirus pandemic has caused widespread suffering for too many individuals and communities, with widespread job losses—

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. I am sorry but we have to move on.

Paul Blomfield Portrait Paul Blomfield
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There is clearly much to comment on in this Bill, but I rise specifically to speak in support of new clause 7 and to commend the right hon. Member for Haltemprice and Howden (Mr Davis) for the powerful case that he made in speaking to it. Back in 2014, I was pleased to serve as vice-chair of a cross-party inquiry into immigration detention. We included parliamentarians from both Houses and all the main parties, many with huge experience, including a former Law Lord and a former chief inspector of prisons. There were more Government Members than Opposition Members, including the hon. Member for North East Bedfordshire (Richard Fuller), who also spoke powerfully on this issue a few moments ago. I pay tribute to Sarah Teather, who chaired the inquiry and who now leads the Jesuit Refugee Service UK, as others have mentioned. After an eight-month inquiry, our recommendations included the limit on detention that is proposed in new clause 7. That was endorsed by the House of Commons in September 2014, so it is disappointing that we are still discussing the issue—but it is important that we are, because, contrary to some suggestions, it is not a particularly controversial proposal.

The truth is that we have become too dependent on detention, which takes place in immigration removal centres. The clue to the purpose of those centres is in the title. They are intended for short-term stays, but the Home Office has become increasingly reliant on them, under successive Governments. Home Office policy states that detention must be used sparingly, but the reality is different.

In our evidence we heard from many organisations, NGOs and so on, but, most powerfully, we heard from those in detention over a phone link. One young man from a disputed territory on the border between Nigeria and Cameroon told us that he was trafficked to Hungary as a 16-year-old, where he was beaten, raped and tortured. He managed to escape and eventually made his way to Heathrow, using a false passport, which was discovered on arrival, and he was detained. He told us that he had been in detention for three years. His detention conflicts with the stated aims of the Home Office in three respects—that those who have been trafficked should not be detained, that those who have been tortured should not be detained and that detention should be for the shortest possible period. His case is not the only one. There are more people like him than there are so-called foreign national offenders, which the Home Office briefers urged Members to refer to. Time and again, we were told that detention was worse than prison, because in prison you know when you are going to get out. One former detainee said:

“The uncertainty is hard to bear. Your life is in limbo. No one tells you anything about how long you will stay or if you are going to get deported.”

A medical expert told us that the sense of being in limbo, of hopelessness and despair is what leads to deteriorating mental health, and that

“those who were detained for over 30 days had significantly higher mental health problems”.

It is not simply the impact on detainees that demands change. A team leader from the prisons inspectorate told us that the lack of a time limit encourages poor case working, saying that,

“a quarter of the cases of prolonged detention that they looked at were a result of inefficient case-working.”

It has become too easy for the Home Office to use administrative detention, and that is what needs to be challenged. The Home Secretary talked about the culture change in the Home Office only a few days ago, in response to the Windrush review. Removing indefinite immigration detention would make a significant contribution to achieving that culture change, because with no time limits, it has simply become too easy for people to be detained, for too long, with no meaningful way of challenging that detention.

Our report gave a number of examples of alternatives to detention, which are being used by countries often held up as hard on immigration, such as Australia. We know that the Home Office is developing pilots on community-based alternatives, including one at Yarl’s Wood, which is a year in and is running well.

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Andrew Mitchell Portrait Mr Mitchell
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My hon. Friend makes an extremely reasonable point. I am sure that the Minister, who will have listened to the reasonable points that have been made on both sides of the House, but particularly on his own side, will take it on board.

The absence of a time limit does nothing to promote speed and efficiency in the administration of justice by the immigration service. I believe that the introduction of one would improve working practices, as well as creating a more humane system of immigration control.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
- Hansard - -

There are eight people on the call list and we have just over half an hour. If everybody sticks to four minutes, even if they take an intervention, we will get everybody in. Help your colleagues, please.

Stephen Farry Portrait Stephen Farry (North Down) (Alliance)
- Hansard - - - Excerpts

I want primarily to address new clause 12, which appears in my name and the names of other hon. Members, but I will first make a couple of other points. I agree with the many Members on both sides of the House who have spoken in opposition to the hostile environment. To those who are, in a sense, celebrating the end of freedom of movement, I stress that it has worked both ways. It has also provided opportunities for UK citizens inside the European Union, which we are now walking away from.



I want to make a few detailed comments on new clause 33, of which I am a co-sponsor. The ending of freedom of movement in relation to Northern Ireland brings some potential distortions, above and beyond the challenges facing the UK economy and society overall. Northern Ireland exists in both a UK-wide and all-Ireland context. Under the Ireland/Northern Ireland protocol, we stay in the single market with respect to goods, but the four fundamental freedoms are interconnected. That includes the freedom of movement and the ability to engage services. The protocol makes reference to the wider context of north-south co-operation. That will create some degree of difficulty, particularly for EEA nationals who are engaged in enterprises that operate on both sides of the border in Ireland. We run the risk of seeing industries that depend heavily upon labour from elsewhere in Europe not being competitive any longer and moving out of Northern Ireland, southwards into the Republic of Ireland.

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Gary Sambrook Portrait Gary Sambrook (Birmingham, Northfield) (Con)
- Hansard - - - Excerpts

I was pleased to serve on the Bill Committee, which was my first in this place. It was a whole five days of my life that I will never get back, but it was very enjoyable and informative. I particularly enjoyed the submissions from the Migration Advisory Committee, the Federation of Small Businesses and No5 Chambers, a Birmingham law firm. It was good to see a Birmingham firm down here contributing to our national debate. I cannot say that I agreed with most of what it said, but it was good that it was contributing.

A number of Government Members, including my hon. Friends the Members for North East Bedfordshire (Richard Fuller) and for Winchester (Steve Brine), have mentioned the real genesis of the hostile environment. They named him, but he is actually a Member of this place—the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), who was also the architect of austerity, because we all remember the little note he left behind as Chief Secretary to the Treasury. He still sits on the Labour Benches. Labour MP after Labour MP stand up and complain about the hostile environment and austerity, but sat among them is the architect of austerity and the hostile environment. That is the sort of double standards that I do not want to see representing the west midlands in the mayoral election next year.

The ending of free movement of labour is a key cornerstone of the manifesto that I stood on in December and something that I am keen to get into legislation as quickly as possible. People have been calling for this for many years and many a politician have ignored their wishes. Included in this points-based system are things such as having a job offer or a sponsor before coming here, or being able to speak English sufficiently well, or meeting tougher criminality checks. Those are the sorts of things that people have been calling for and I am pleased that I am supporting those measures in this Bill tonight.

On the issue of immigration detention, I say to my colleagues that I hear their concerns, but I am convinced that immigration detention is used as a last resort. It is an absolutely necessary tool to ensure that we keep people safe on the streets of our country.

As my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Rother Valley (Alexander Stafford) mentioned, the list of people who would possibly have been released early had we put in place a 28-day limit would have made it hard for me to look any of my electors in the eye. I would not have been able to say that I had allowed those people on the streets early when I was out door-knocking. It is not as if those people are just banged up and forgotten about; they have rights. If they think their immigration detention is unfair, they can apply to a judge, and their case is often heard within a matter of days. Anyone wishing to leave immigration detention can do so at any time by simply leaving the country. I agree that, in general, the whole asylum and removal system needs to work much faster, but we also need to have a tough and robust system in place.

Many Opposition Members would have us believe that, if we did not have EU migration, the social care sector and the NHS would fall apart overnight, but as we heard in the evidence sessions from Brian Bell from the MAC, only 5% of the social care sector comes from EU migration. The hon. Member for Hornsey and Wood Green (Catherine West) said that she thought the Bill had been written before the covid crisis. I can tell her that, a couple of weeks ago, during the crisis, the latest claimant count from my constituency was 10.2%. Is she and many other Labour Members—

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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We have to move on, sorry.

Wendy Chamberlain Portrait Wendy Chamberlain (North East Fife) (LD)
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I speak in support of new clause 38, tabled by my hon. Friend the Member for Edinburgh West (Christine Jardine), and new clause 36, tabled by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), both of which I have signed.

The largest employer in my constituency is the University of St Andrews. I visited there back in February as part of the Royal Society’s parliamentary pairing scheme. I enjoyed seeing the amazing work that is being undertaken by researchers from across the EU and beyond and supported by EU funding. Their status and the funding that supports their ground-breaking work are both at risk. As of May 2020, more than 9,000 EU nationals in Fife have applied for settled status, yet nearly 4,000 are either still waiting for a final decision or have only been granted pre-settled status. I am not convinced that the Home Office will be properly able to manage the settled status applications of my constituents and the 3 million other EU citizens living in this country. Providing no certainty is no way to treat them. A British Futures report estimates that the difficulties in navigating the application system and the lack of awareness of the process will result in 175,000 EU citizens living in the UK with an insecure immigration status or no status at all. We risk the denial of legal rights of jobs, homes and medical care to EU nationals who are entitled to them but cannot prove it, and that is not right. That is why I speak in favour of new clause 38, which would ensure that all EU citizens have settled status and require the Government to make available physical proof of that status.

A particular concern has been raised with me by constituents relating to comprehensive sickness insurance and I thank Fife4europe for its representations to me in this regard. CSI was not a requirement for settled status until Government policy appeared to change on 15 May this year. EU citizens who are students or classed as self-sufficient do now need it. That is unjust. There was no CSI requirement for a number of years, and many of my constituents who are EU citizens are understandably concerned. There are some urgent questions for the Government to answer. Why has the requirement been introduced at this time? What are the reasons for it? What steps are the Secretary of State and the Minister taking to ensure that EU nationals are aware of this new requirement? Will it be applied retrospectively? What does it mean for applications currently being considered? I ask the Minister to provide clarity on this issue.

There has been little communication, zero justification and the cloud of uncertainty over EU citizens is growing. My constituents are concerned that the retrospective application of the CSI requirement could be used to prevent people from attaining settled status and prevent those who do have settled status from gaining citizenship. The fact that EU citizens in my constituency are worried about this indicates the total lack of trust and communication between the Government and these individuals, who have been left frustrated and concerned by intolerable delays. Therefore, I urge Members to support new clause 36 in the name of the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, which would ensure that not having CSI could not be used to disqualify an EU citizen with settled status from citizenship

Finally, I would like briefly to address the role for workers in our agricultural sector.  I welcome new clause 37, tabled by the Leader of the Opposition, which would require the Government to publish data on where skill shortages are in our economy. If we do not have the data, we will not be able properly to assess our agricultural needs. Farms in my constituency have access to the seasonal workers pilot scheme, but it is clear that we need a lot more people to be able to come here to work under the scheme. The figure of 10,000 was almost plucked from thin air. It was clearly never going to be sufficient.

Obviously there are challenges this year in relation to covid, but farmers are being told that they need almost to go back in time in how they harvest their crops, and that is simply not sustainable. I commend the local workers who are working on our farms—some during furlough—but we should note that fruit picking is no longer some part-time hobby occupation. These are operations with multiple complex supply chains that cannot operate on a hand-to-mouth basis while waiting to hear what crumbs the Government are going to provide to augment the workforce. I must also mention that many of the workers who come from abroad also train other people. The Government simply have to do more in this regard.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nigel Evans Excerpts
Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020

(3 years, 6 months ago)

Commons Chamber
Read Full debate Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 19 October 2020 - (19 Oct 2020)
Kevin Foster Portrait Kevin Foster
- Hansard - - - Excerpts

This has been an interesting and fascinating debate, which has mostly been reflective and reasonable. I hope colleagues will appreciate though that, in the seven and a half minutes I have, I will not be able to respond to every single point that has been raised.

I will start with the themes, and we have again had a lengthy debate on social care. I was pleased to hear the SNP spokesperson, the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), say he agreed with the MAC. He will recall the evidence that Brian Bell gave to the Public Bill Committee that considered this Bill, and I am glad to hear that he now agrees with that. I would say, however, that we are being clear again that the MAC has been free to make its own reviews and commissions, and to produce an annual report that can then be considered by this House. It will be able to do that independently, and it will almost certainly provide commentary on social care. To set up a body that is independent and free to make its own decisions, and then tell it all the reviews it needs to do does not make a great deal of sense. Similarly, we are keen that it is there, and it can be lobbied, including by the shadow Minister, the hon. Member for Enfield, Southgate (Bambos Charalambous), about areas that it may wish to consider of importance. As we keep on saying, if the lesson people have taken from the last few months is that the solution to social care is to give employers an unlimited opportunity to recruit at the minimum wage, they have really taken the wrong lesson.

Moving on to the issues of modern slavery, we have again had some impassioned speeches and some very well-informed ones, particularly from my right hon. Friends the Members for Staffordshire Moorlands (Karen Bradley) and for Chingford and Woodford Green (Sir Iain Duncan Smith). Again, I would say that we have obviously made the changes to guidance. We will bring forward those changes to guidance and have them in place on 1 January. He will appreciate why we will not do it before then, because people will still have free movement rights and we should respect that. But certainly we are happy to engage more widely around the position on what we can do and where we can ensure that the support these victims need is available to them, particularly as we remove the distinction between EEA victims who have free movement rights and non-EEA victims who do not, subject to the caveat that we will of course always look to see if a victim of modern slavery is eligible for the European settlement scheme.

Turning to the issues of family reunion and resettlement, I again point out that there are provisions under the UK’s migration rules that, certainly under part 8, go wider than purely affecting parents with children. We are in negotiations with the European Union, and the Under-Secretary, my hon. Friend the Member for Croydon South (Chris Philp), is actively looking at what we can do. If we can get bilateral arrangements, then fantastic, but does it make sense in future to have a different set of rules for people in EEA countries versus those in the rest of the world? That is the core of this Bill, which is about free movement rights. If there is an agreement—a reciprocal arrangement—in place, then that would go beyond what we have as our baseline rules. Now that we have left the European Union, with the transition period and free movement coming to an end, whatever settlement we have in future—there is a debate to be had in this House about our asylum system, and we will have it at more length in the near future—it does not make sense to have a distinction between someone whose position is in the EEA and someone whose position is, for example, in Turkey, unless there are reciprocal arrangements that justify that difference of treatment.

The issue of children in care has rightly been a subject of some debate. I hear the point that has just been made about identification. Let me be clear: EUSS does not require a passport or an ID card; alternative measures can be used to prove entitlement through documentation. However, that issue is not particularly caused by EUSS because today you would need the same challenge to identify whether someone is a UK national, an EEA national or a rest-of-the-world national, given the impact that that has on free movement rights. However, we are happy to continue working with local authorities to see how we can help them to tackle these issues, and to work with high commissions to ensure that those who deserve their status receive it.

As we have said, there is a range of provisions around late applications and those who should make an application but do not. This is not just about children in care. We also include those under 18. If a parent does not make an application, and, at a later time, the child reaches the age of majority and they have to do a compliant environment check, for example, and discover that it has not been made, we would see that as a reasonable ground for a late application. As touched on, there is no specific time limit to that provision.

On detention, we have outlined our arguments. I am conscious that there are strong feelings on this in the House. We all want to see people swiftly moved out of detention and, if they have no right to be in this country, to be removed from it. We want detention to be used as a last resort. Its use has been declining over the past few years. That is partly because we cannot guarantee that a country in sub-Saharan Africa, for example, will issue us with travel documents for the person to be returned to it within the timeframe. In particular, we have to be clear that there is no ability to put someone in detention for no reason. We have to have a lawful basis for doing so, and that can only be where there is a reasonable prospect of removal or a threat to the public—although I accept that only a very small number of people are serious foreign national offenders.

On physical documentation, we are moving towards more digital statuses. For example, we are looking to see where we can use public services to automatically check status. In recent months, we have seen the advantage of EU citizens who already have EUSS—although they are not yet required to have it—being able to share that online and digitally when doing a range of checks, at a time when a face-to-face meeting to do so may be a lot less desirable. As touched on, it will not just be EEA nationals with status under EUSS who will be using digital status—we also intend the route for British nationals overseas, who will also be moving to digital. As touched on, countries such as Australia have had a system like this in place for some time. It was interesting to hear the hon. Member for Bath (Wera Hobhouse) talk about the idea of digital passports. We are starting to look to the future where people may well travel on their biometrics and with digital identities rather than travelling purely on passports—although that is probably a few years away given that it would require technology being reciprocated in other nations.

I particularly enjoyed some of the speeches. My hon. Friend the Member for Newcastle-under-Lyme (Aaron Bell) hit the nail on the head: this Bill is about delivering a manifesto commitment. This Bill is about ending free movement, as voted for in the general election and in the referendum back in 2016. It is not there to have the whole range of debate around immigration, but I respect the fact that people took the chance to do that. This Bill is about delivering a manifesto commitment, and that is why we should remove these amendments, which do not go to that core goal.

Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. Before I put the Question, I would like to say that I am expecting some Divisions this evening, and there is a distinction between “should” and “must”. When I say “should”, it is guidance; when I say “must”, you must do it. If there is a Division, those sitting on the Front Benches must leave by the door in front of me; everybody else must leave by the door behind me. It is not optional. Please keep social distancing throughout; if you can touch the person in front of you, you are standing too close.

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Committee to withdraw immediately; reasons to be reported and communicated to the Lords.
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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In order to observe social distancing, the Reasons Committee will meet in Committee Room 12. Will those leaving the Chamber do so socially distanced?

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

Full Debate: Read Full Debate
Department: Home Office

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Nigel Evans Excerpts
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
- Hansard - -

I am going to call the Minister at 6.27 pm, and the questions will be put no later than 6.32 pm. There are a number of MPs on the call list, so please show some self-discipline in order that we can get in as many as we can.

Tim Loughton Portrait Tim Loughton (East Worthing and Shoreham) (Con)
- Hansard - - - Excerpts

I rise to speak in support of Lords amendment 4B. I was disappointed to hear the Minister dismiss it as just well intentioned. I think it is absolutely essential. With just eight weeks to go before the Dublin arrangements for family reunion fall, we have had the tragic drownings in the channel recently; mercifully, but surprisingly, such cases are rare.

Here we go again. This is the last remaining amendment that has come back from the Lords, and it has done so with a vengeance. It was a big defeat for the Government in the other place, by 320 votes to 242. Lord Dubs has led the charge on this ably and eloquently over many months, and he spoke with huge passion. The debate in the other place was just about financial privilege; as he put it, that

“falls short of being humanitarian and falls short of respecting the opinions of this House.”—[Official Report, House of Lords, 21 October 2020; Vol. 806, c. 1595.]

Many in this House think we must do better, and I find it extraordinary that the Government are still digging their heels in for the sake of about 500 highly vulnerable children.

The Government have produced their own amendment. I have no objection to it; it is perfectly innocuous. It commits to a review of safe and legal routes, and that is welcome. It is the least that can be expected, however, because it is what the Government have promised all along in the light of the welcome overhaul of the immigration system and the continued suspension or non-renewal of previous safe and legal routes. Simply adding the Government’s amendment to the Bill will not guarantee the replacement for the Dublin family reunion scheme that we have been promised for so long—despite the fact that, as the hon. Member for Halifax (Holly Lynch) has said, there is no negotiating mandate from EU member states.

The amendment gives no timescale for when measures may be introduced, if they are to be. Neither does it give details about how extensive a replacement scheme may be, given that the Government’s separate refugee family reunion scheme is much more restrictive about family members who can reunite. Part 11 of the rules applies only to pre-flight children seeking to reunite primarily with parents, and provisions on reuniting with uncles or aunts, for example, are subject to very strict criteria and high evidential thresholds.

Let us look at those thresholds by considering the ability of a young teenage boy on the Greek islands to reunite with an aunt or uncle in the UK—a case that we raised with the Minister in the Home Affairs Committee this morning. The Minister made it sound as though that would be no problem, but it will not work in practice for most cases. That child would have to apply under rule 319X, which technically allows children to join uncles, aunts, cousins, siblings or any other family member who is not a parent and who has the refugee status of humanitarian protection. However, the requirements that have to be met are very onerous, and there are strict evidential requirements.

The child would be able to apply under 319X, but only if the uncle or aunt is a refugee, not if they are British or have other status, unlike in the Dublin regulations. The child can apply only if the uncle or aunt can maintain and accommodate them. That is a very high threshold, and it is much higher than the one in Dublin. The child can apply only if they can show that

“there are serious and compelling family or other considerations which make exclusion of the child undesirable”—

that is a very high test that is hard to meet, and there is no such test under the Dublin regulations—

“and suitable arrangements have been made for the child’s care”.

The child can apply only if the uncle or aunt can afford the £388 fee to make the application. The uncle or aunt cannot be a refugee with indefinite leave to remain; they must only have limited leave to remain as a refugee. That is an absurdly high bar to meet, and I suspect the Minister knows it. Frankly, it is no substitute for the safe and legal routes that are available now, which have worked well and have been responsible for saving hundreds of highly vulnerable children.

That was the only alternative scheme that the Minister could offer the Home Affairs Committee this morning. He claimed that some 7,400 refugees—it fell to one of the officials to look this up on the computer in front of them—had been issued family reunion visas in the year to March 2020. But they are from outside the EU. The scheme is welcome, as is the fact that we have brought those people in. The Government are to be applauded for targeting some of the most vulnerable families and children, who are genuine refugees from some really dangerous parts of the world, and that has worked exceedingly well. They are all from outside the EU, however, so the scheme does absolutely nothing for the children we are talking about. As things stand, on 1 January 2021, an unaccompanied child in a squalid French refugee camp or on the streets of Italy,  or any of the 1,600 unaccompanied children on the Greek island of Lesbos—where a refugee camp recently burned down, as the hon. Member for Halifax mentioned —or a child orphaned because their parents were killed by a bomb in Syria, by terrorists in Afghanistan, or by disease or famine in sub-Saharan Africa, will have no obvious mainstream means of applying to join a last remaining sibling, aunt, or other relative in the UK. Safe Passage, to which I pay great tribute for its work on this issue, says that some 40% of the cases that it supports in France are of siblings trying to reunite. That is the reality.

Given that, I am afraid that all the assurances given by the Minister at the Dispatch Box and at this morning’s session of the Home Affairs Committee pale into absolute insignificance and irrelevance. I have set out what the position will be on 1 January 2021, in eight weeks’ time, unless a deal is negotiated and agreed before then—and a deal on a Dublin replacement is not even being discussed at the moment.

I have asked previously for a serious replacement for Dublin III, and a Dubs 2 scheme; the previous Dubs scheme did an extraordinary job of rescuing 480 very vulnerable unaccompanied children from dangerous parts of the world. I ask the Government, as a last-ditch effort to show their good will and commitment to a practical scheme that we know works, to roll over the terms of Dublin, at least until a new scheme is in place. I also ask them to give the go-ahead to the more than 30 councils across the country that have offered places to over 1,400 refugees like these refugee children, and to provide the financing for that.

We are not talking about a huge number of children. We are, however, talking about some of the most vulnerable children, who find themselves in hopeless and dangerous circumstances through no fault of their own—the sort of children we have a proud record of helping, and the sort of children whom we helped through the Dublin scheme, and can continue to help if the Government will make this concession. The Lords amendments would achieve that. Let us not let those children down.

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We should continue to support family unity and protection of vulnerable children. The Lords amendment does that; the Government’s amendment in lieu does not.
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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I thank the hon. Member for keeping his comments brief. I do not intend to put on a time limit, but if people can keep to roughly Stuart C. McDonald’s length of speech—about four minutes—we will get fairly well everybody in.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
- Hansard - - - Excerpts

This Lords amendment should not be a point of party political disagreement. I agree with every word that the hon. Member for East Worthing and Shoreham (Tim Loughton) said. He is a fellow member of the Home Affairs Committee, and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is also a member of the Select Committee. We may disagree on many things, but on this we are in strong agreement, as we are with my hon. Friend the Member for Halifax (Holly Lynch).

When in the past we have helped child refugees, we have done so on a cross-party basis—be it, generations ago, with the Kindertransport or, in more recent years, with the Dubs amendment put forward by Lord Dubs, himself a child of the Kindertransport. We have done so with the investment through the aid budget supporting refugees across the regions, and with the resettlement scheme, which many of us called for and the Government rightly brought forward, to help many Syrian families restart their lives. The same principle should apply here as well.

We have always had cross-party agreement that we should do our bit to help children and teenagers who are alone with no one to look after them, and who have fled conflict and persecution but have family here in the UK who can care for them, put a roof over their head, try to make sure they get back into school, look after them and give them back a future. It is something that every one of us would want for our own families if we, for a moment, just think about walking in others’ shoes and about the awful plight of families in this situation, torn asunder by conflict or by persecution. I have teenage and adult children and, like so many of us, I would want them to be back together or to find others who could care for them from within our family if something terrible happened.

While the Government’s proposed review will, I hope, be important in looking at safe and legal routes to sanctuary, it is not an alternative to the Lords amendment. Reviews take time and consultation takes time. All of those things take time, and we do not know yet where it will end, but at the moment the rules change in January, and therefore it is not an alternative for the children and teenage refugees who may be in need of support to rejoin family now.

The hon. Member for East Worthing and Shoreham set out clearly why the current rules do not suffice to provide that support, but Safe Passage provided us with the reason why there is so much at stake when it described the case of a 14-year-old teenage boy on the streets of Paris, whose brother is here. Safe Passage had worked with him to get him off the streets into secure accommodation, to get him support from social services and to get him into the legal process to apply to rejoin his adult brother, who is in Scotland. However, the boy and his brother became deeply anxious that the rules were about to change at the end of December, and he has now left that accommodation. He has absconded, and nobody knows where he is. The message he left behind said, “I have heard that the law will change. What will happen to me?” The huge risk is that he may now end up in the arms of people smugglers or people traffickers, trying to make a really dangerous journey. We have seen the consequences of those awful, dangerous journeys in flimsy boats, with lives having been lost so recently—children’s lives have been lost as well.

I urge the Minister to think again and go with the spirit of the things he told us this morning about wanting to be compassionate towards child and teenage refugees. I urge him to keep these provisions in place, to accept the Lords amendment and to recognise our continuing obligation to reunite desperate families. If he wants to look at this again once his review is in place, he will have done no further harm to those families in the meantime.

For the sake of these teenagers and young people, whose safety and lives may otherwise be at risk, I urge the Minister to accept the Lords amendment.

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I will not be the only MP in the Chamber whose largest caseload comes from asylum seekers from Iraq, Iran, Libya, Syria and Yemen—countries that, through war, have destroyed the homes and lives of their citizens and left them destitute. If those people safely reach the UK, they face extensive delays in processing their applications, are housed in the worst conditions and are denied access to work or to public funds. The system leaves them vulnerable and without dignity, support or certainty. We need to return to the tolerant and humane society that we prided ourselves on being. We urgently need to protect family reunion and safe and legal routes for refugees, especially unaccompanied children. That is why I urge the House to support Lords amendment 4.
Nigel Evans Portrait Mr Deputy Speaker (Mr Nigel Evans)
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Order. Before I call Tim Farron, I would like to say that at 6.27 pm and no later, the Minister will be up on his feet. You know that Jim Shannon is on the list and it would be nice if you could at least ensure that he is able to make a contribution.

Tim Farron Portrait Tim Farron (Westmorland and Lonsdale) (LD)
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It is a pleasure to follow so many well-informed, logical and compassionate speeches in this important debate. In the Home Secretary’s party conference speech a few weeks ago, she talked about the vast importance of refugees using legal routes to come to the UK. I think all hon. Members present agree and all—or most—are bemused as to why she would close off a route such as this, which is relatively modest, as has been said.

The ire that is focused on criminal gangs is absolutely justified, but we push people into the arms of those criminal gangs if we close off safe and legal routes. Wherever the negotiations with the EU end up, the chances are that we will need to bring in our own domestic policy that offers young people and families the opportunity to be reunited on these shores.

I will make four quick points. First, the numbers are few. The reaction of some newspapers, and from the mouths of some Ministers and others, is a colossal overreaction to the numbers of people actually travelling. Yes, it is more than we would want—it is a sign of something utterly heartbreaking—but we are not talking about the tens or hundreds of thousands that some of us have seen in south-eastern Europe over the last few years. The numbers are few, so let us not overreact with the sabre-rattling rhetoric that we sometimes hear from the Government and the Conservative party.

Secondly, the stakes are high, as my right hon. Friend the Member for Orkney and Shetland (Mr Carmichael) encapsulated. I remember being on the shores of Lesbos a few years ago as a boat came in, and talking to a family afterwards—a five-year-old girl, three-year-old girl, mum and dad. The dad ran a garage in Syria and the mum was a nursery schoolteacher. They were relatively comfortable, but they took a colossal and unspeakable risk, because staying was more risky. The stakes are high, so how dare we put barriers in their way?

Thirdly, the objections are poor. I often hear people talk about the pull factor, but there is a push factor, for pity’s sake. Those people will try to find a way to our shores by a safe and legal way, or by utterly brutal and dangerous ways, unless we provide those safe routes.

Finally, this is not worthy of us. The hon. Member for Liverpool, Riverside (Kim Johnson) rightly talked about our national character. I think it was a couple of days ago that Sir Ben Helfgott was honoured in the Pride of Britain awards. I am massively proud of Ben Helfgott because he is one of the 300 Windermere boys. There were 300 young people—mostly children—rescued from the death camps after the end of the second world war who came here and were resettled literally on the shores of Lake Windermere. They were accepted, brought back into some kind of civilised existence and set on their way, and they achieved wonderful things like Ben did. That is the Britain that I know and love. Accepting refugees from Uganda, from Kosovo—that is what makes Britain Britain. It is just beneath us to be finding reasons and excuses not to say yes to the entirely reasonable Lords amendment that provides a safe and legal route for family reunion, and prevents people from being pushed into the arms of dangerous criminal gangs.