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

Richard Holden Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

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.

[Mr Richard Holden (North West Durham) (Con)]

I was delighted to sit on the Bill Committee with my hon. Friends the Members for Bishop Auckland (Dehenna Davison) and for Birmingham, Northfield (Gary Sambrook), who have spoken in this debate. It is always interesting to get that extra Birmingham-west midlands angle, particularly in relation to the previous comments by the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) about the hostile environment.

As my hon. Friend the Member for Meriden (Saqib Bhatti)—another west midlands Member—said, this Bill paves the way for a new system that values people on what they can contribute to the UK, rather than where they are from. That is the fundamental underpinning of what we are doing today. I associate myself with the comments made by my hon. Friend the Member for Bracknell (James Sunderland), who said that those who have served our country deserve to be treated with dignity and respect for the contribution that they have made. I hope that the Government will continue to look at ways in which those who have served this country, either in the military or in other forms of public service, can be sped through the immigration system to make it easier for them. Overall, there is no doubt that immigration has made a massive contribution to the United Kingdom, whether that is through many of my constituents who came over decades ago from the Republic of Ireland, or the people who came to the other parts of the UK from the Commonwealth and across the world more widely.

Let me turn to the amendments. I share some of the concerns raised by my hon. Friends the Member for East Worthing and Shoreham (Tim Loughton) and for North East Bedfordshire (Richard Fuller), and my right hon. Friend the Member for Haltemprice and Howden (Mr Davis), who made some really strong arguments. However, I worked with the Minister in Committee and know that he is working hard to ensure that as many concerns as possible are addressed. I hope to hear more about that in his winding-up speech.

On new clause 7, it was good to hear the hon. Member for Sheffield Central (Paul Blomfield) mention that new options for detention are being looked at, including perhaps in a community setting. If such measures save money and deal with situations more efficiently, they are exactly the sort of things we need to be looking at.

I also share the concerns raised through new clause 12, as this is an issue that is particularly dangerous; we need to ensure protections for those from the Republic of Ireland who have been here for very many years, and with whom we have a different and historical relationship. We should not be splitting up that relationship through this legislation or treating those people as we would other people from across the world. The EU settlement scheme has been a great success. I urge the Government, as I do my constituents, to do everything possible to ensure that people who can settle here are settled here. It might be time for a big Government communications programme to the public on that point.

My hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie) said that the system will be better and fairer. I really do hope that that is the case. It is particularly important for my constituents—whether from Weardale, Consett, Crook or Willington—that they see the system that we promised at the election coming forwards: a system that values everybody equally. This Bill really honours that commitment. It honours not only the referendum but the result of the last general election, which delivered a majority for the Conservative party not seen for 30 years, and in which seats like mine finally woke up to the fact that the Labour party was not listening to them any more on issues like this.

The Bill will therefore have my support today, but I hope that the Minister will be able to address some of the issues raised by hon. Members from across the House.

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

Richard Holden Excerpts

Committee stage & Committee Debate: 6th sitting: House of Commons
Tuesday 16th June 2020 Public Bill Committees

[Kevin Foster]

The hon. Lady makes a not unreasonable point. The MAC gives advice on general policies on immigration. For example, it came up with what occupations should be on the shortage occupation list. It does not necessarily draft the legislation. However, the core of what we are driving at is there. I will continue with my speech because there have been significant changes in relation to simplification since an identical Bill was considered in the previous Parliament. Fundamentally, creating a statutory advisory body would simply delay the Government from introducing new consolidated and simplified rules by 1 January 2021, which could cause considerable confusion and ambiguity about which rules apply to EEA citizens once free movement ends.

In any event, the new clause is unnecessary. The Law Commission, in its consultation paper on simplification of the immigration rules, published in January 2019, asked whether an informal consultation or review of the drafting of immigration rules would help to reduce complexity. In its final report, published in January 2020, the Law Commission recommended that the Home Office should convene at regular intervals a committee to review the drafting of the rules in line with the principles recommended by the Law Commission. That is the more nuanced point that the hon. Member for Stretford and Urmston referred to. On 25 March the Government published our response to the Law Commission report and recommendations, and we accepted that recommendation. We included in our response the terms of reference for and membership of the simplification of the rules review committee. To be clear, this covers the whole ambit of the rules, not just those as they relate to EEA nationals.

The committee is, as recommended by the Law Commission, made up of Home Office civil servants, immigration practitioners and organisations representative of non-expert users of the rules, including those representing vulnerable applicants such as children. The review committee meets monthly to advise on the Home Office’s proposals to draft simpler rules and accompanying guidance and how they can be made more accessible online.

I hope that, as we have already established a review committee and its terms of reference and membership are transparent, that will give the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East the confidence to withdraw new clause 16.

New clause 30 seeks to introduce the super-affirmative procedure for immigration rules. Typically, that procedure is used only for deregulatory orders that amend or repeal primary legislation, such as legislative reform orders or public bodies orders, or remedial orders under the Human Rights Act. In those circumstances, it is right that the highest level of scrutiny should be applied, but it is not appropriate to apply the same procedure in respect of changes to immigration rules, which obviously are not, and cannot amend, primary legislation.

Under the current, well-established procedure, the Government are able to update the immigration rules in a responsive way, to ensure that we have an immigration system that meets the UK’s needs, commands the confidence of the public and reflects the wider economic, social and political context in the UK at any time. Requiring a minimum 60-day standstill period—that would be a minimum, because if, for example, changes were laid in late June, the period would not expire until late October—would severely hamper our ability to make timely and effective changes to the rules to respond to emerging situations.

[Mr Richard Holden (North West Durham) (Con)]

In evidence at the start of Committee proceedings, we heard from Mr McTague from the Federation of Small Businesses, who picked up this point. He said:

“I think the fact that the Home Secretary is in a position to vary it and respond to changes in market conditions is better than if…we had to go through some sort of legislative process”.––[Official Report, Immigration and Social Security Co-ordination (EU Withdrawal) Public Bill Committee, 9 June 2020; c. 14, Q28.]

That is exactly the point that we are trying to get at. Changes are much better if they are in the hands of the Home Secretary, who can then address Parliament on them, rather than having to go through statutory changes like this.

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

Richard Holden Excerpts

Committee stage & Committee Debate: 1st sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Stuart C. McDonald]

Q My other question relates to the proposals that we were debating this time last year, when the same Bill was going through Parliament, and there was a proposal for a 12-month visa for workers at lower pay levels. That was fairly controversial at the time, but now it has been scrapped altogether, rather than being improved, which some of us would have liked to see. Is that a change that you welcome, or would you want the Government to think again on that? Again, I will go to the London Chamber first.

Richard Burge: If I may start with that, certainly from a London Chamber point of view, and I think from the point of view of all my colleagues around the country, it was hugely disappointing to see that disappear completely from the Bill this time. It was a very sensible scheme. I think it demonstrated flexibility and a willingness to try to respond to helping people get through what will be a permanent change in the market. It is very sad to see it go. We would like to see the route for lower-paid workers—lower-skilled workers—being reintroduced in the same way as it was under the previous Prime Minister’s Government.

Martin McTague: I think I picked that up. We were disappointed to see the disappearance of the 12-month scheme; we thought that was addressing an important part of the labour market, and it is regrettable that it disappeared. Hopefully something can be done to implement something similar.

[Mr Richard Holden (North West Durham) (Con)]

Q I have a question regarding the change for non-EU migrants where it looks like the thresholds for wages are going to be coming down. The question is particularly for the London Chamber of Commerce and Industry. What impact do you think that that might have on the ability to get migrants with the right skills into the labour market in London and across the rest of the UK?

Richard Burge: It is helpful, because it is creating bigger diversity in terms of availability and access to labour. I think most small businesses, though, or any business will be keen to employ UK-based labour if they can. That is simpler and easier. In the end you do need to have access to global markets. We have to remember that we are a globally trading nation and, in the 21st century, trading tends to be in the skills of individuals and their brainpower and abilities. It is mostly about people rather than things, although we tend to focus on trade as being about things rather than people. The more we can do to keep our borders—within the Government’s requirements in terms of immigration for other purposes, social purposes—as open to people for work as they are for goods and services, the better.

[Kate Green]

Q How important are social protections, such as access to healthcare or pensions, to the recruitment and retention of employees from the EEA and around the world? Perhaps we can start with Mr Burge.

Richard Burge: They are hugely important, particularly when you are talking about people whose skills are valued less in the marketplace of wages than those of others, so any complexity to that will be a disincentive to employment. I would ask that whatever we do in terms of social security payments and pension provision, we try to make that as simple as possible. They are potentially a huge attractant.

Public Order

Richard Holden Excerpts

Monday 8th June 2020 Commons Chamber

[Priti Patel]

The hon. Lady is right to point to peaceful protests, which are a vital part of a democratic society, and she asks about the removal of statues of particular individuals. She will know that there are democratic processes that should be followed and respected by everybody to bring about that change, including working with councils of all colours across the country—Labour, Conservative and Lib Dem councils—with due process followed. That is absolutely the right approach to take, including following the rule of law.

[Mr Richard Holden (North West Durham) (Con)]

Throughout the pandemic, our police officers have put themselves in danger to uphold the rule of law, save lives and serve our communities. Does my right hon. Friend join me in condemning the actions of violent agitators over the weekend? Not only have they put our brave police officers at risk, but their actions have taken away from the reasonable, careful and important voice of lawful demonstrators.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. Just before the Home Secretary answers that question, could everyone who is still to speak please just take their pen through their introductory remarks and ask a question? It is not really very difficult—just cut out the first bit.

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

Richard Holden 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 Commons Chamber

[Mr Richard Holden (North West Durham) (Con)]

I welcome this Bill as a sensible, measured approach that delivers on our manifesto commitments to the British people to take back control of our borders and deliver a fair immigration system that means that those who want to come to the UK are judged not by their country of origin or by the colour of their skin but by the contribution that they can make to our country. It is undoubtedly true that many immigrants have made a huge and positive impact on our communities, so I am glad that over 1.3 million European citizens in the United Kingdom have achieved settled status already, including many in my constituency, and that reciprocal arrangements have been agreed for British citizens settled in the EU.

I would like to address two fundamental issues. I agree with the Migration Advisory Committee. Many of my constituents work in the health and social care sectors, as do members of my own family, Mr Speaker, in your constituency. Immigration is not the solution to our care crisis; a cross-party consensus is, as is upskilling, training and, crucially, valuing our carers.

The fact that Labour Members still do not recognise that shows that they are unwilling to listen to and learn the lessons of the last general election. This is about the only thing that unites them at the moment. They are united against the views of communities such as mine that they took for granted for so long. They remain an uneasy coalition of citizens of nowhere and right-on Citizen Smiths: two sides of the same coin. All sides of the Labour party remain committed to open borders. While the Opposition stick to this, it will be clear to the citizens of my constituency, from Consett to Crook and from Willington to Wearhead, that they have no interest in the concerns of my community.

Policing (England and Wales)

Richard Holden Excerpts

Monday 24th February 2020 Commons Chamber

[Ms Abbott]

The precept is a regressive tax, and the Government should think twice before making out that their increasing reliance on precept-raised funds is some sort of progressive move.

[Mr Richard Holden (North West Durham) (Con)]

With a 6.6% increase for Surrey and a 7.9% increase for County Durham, does the right hon. Lady not agree that this is a down payment on the Government’s levelling-up agenda for police forces across the country?

[Ms Abbott]

What can I say—nice try?

The National Audit Office recently said that the Home Office

“does not know if the police system is financially sustainable.”

That is the National Audit Office talking about Home Office Ministers.

However, the Government did not confine austerity to police officer numbers; they also cut thousands of police community support officers and thousands of police support and administrative staff. That has had two consequences. First, there has been a huge detriment to community policing, which is often the first eyes and ears on everything from vandalism and petty crime all the way through to terrorist threats. Secondly, the cuts to admin staff, often dismissively called “backroom staff” on the Government Benches, have meant that police officers have had to do more of their own admin work, so less time is available for police work as such.

The consequences have been terrible, as most of our constituents know. Compared with the previous year, the proportion of crimes resulting in a charge or summons fell by one percentage point, from 8.7% to 7.4%—the lowest ever recorded. That continues a downward trend since March 2015, when 15% of crimes were resolved with a charge or summons. No category of crime registered a majority of prosecutions. The sad fact is that too much crime goes undetected, largely because of a shortage of police officers, and therefore unpunished, and the public are all too well aware of that. It is truly shocking that the very lowest prosecution or summons rate was in cases of rape, with just one in 70 cases leading to charges. In all cases of violence against the person, just one in 13 cases led to charges or summonses. As we have argued consistently, cuts have consequences.

--- Later in debate ---

[Mr Jones]

I do not disagree, and I shall come on to some of those points. Even if we get 20,000 more police officers, the population in this country has grown since 2010 from 62.8 million people to 67.2 million. The idea that 20,000 officers would make up for that difference, and enable local police to deal with the responsibilities and pressures on them, is absolute and complete nonsense.

Take the example of County Durham. I am glad that my new neighbour, the hon. Member for North West Durham (Mr Holden), is here. Since 2010, Durham constabulary has lost 380 police officers. Through the money being provided by the Government, it will gain 226. There will still be 154 fewer police officers than in 2010. No doubt in this debate we will again hear a lot about levelling up—it is the in phrase. I doubt that in the police and crime commissioner elections, Conservatives will go around saying, “The Conservatives have cut 154 police officers in Durham,” but that is the fact. The issue is not just the numbers; it is also experience. We have lost a huge number of officers with many years’ experience. Since 2010, some have taken early retirement and others have left the force. The idea that we can replace that expertise and knowledge with new police officers is complete and utter nonsense.

Demands on our police are increasing; Members have referred to fraud and cyber-crime, and as my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) pointed out, there has been a withdrawal of services in other sectors as a result of austerity. Mental ill health, for example, is creating a huge issue for local police; unfortunately, in many areas, because of cuts, the police are the last resort when it comes to mental health, though they should not be. Youth services and other services that have been cut have led to the issues being generated on our streets.

Police do not work in silos. They are part of our community. The Minister said that the Conservative party was the natural party of law and order. I am sorry, but the record speaks for itself. Putting aside the soundbite of 20,000 extra police officers, let us look at what the Conservative party has done. There are 20,000 fewer police officers, and there has been a 20% cut in real terms to the police budget. We can have as many more police officers as we want, but if the court system cannot cope, it is no good putting police on the beat. In the last 10 years, 25% of the Crown Prosecution Service’s lawyers have been cut, and a third of its staff have gone. I am sorry, but dealing with crime in this country is not all about the police, and they would recognise that.

We can add to that the closure of courts. Since 2010, 162 courts have closed, and 50% of the courts estate has been axed. In my area, we used to have magistrates courts in Consett, Chester-le-Street and Durham. There is now one, in Peterlee, in the east of the county—not the easiest place to get to for those in my constituency and that of the hon. Member for North West Durham. That is a capacity problem, and it has also broken the key link between magistrates and their local area. I am not criticising them in any way, but those on the magistrates bench in Peterlee are not connected to many local communities. That makes a fundamental difference to their being able to understand the nature of the people who come before them.

[Mr Holden]

I agree with the right hon. Member about Ron Hogg, who was very much part of the community in County Durham and was well respected. Does he agree that the police and crime commissioner is the essential link with the community, and that someone with police experience, like Ron Hogg, is exactly who should represent the community in our great county?

[Mr Jones]

Ron was a very good friend of mine, but he was not a typical police officer. The hon. Gentleman may be trying to portray him as a hard-line “hang ’em and flog ’em” person, but Ron was far from that. We see that in his invention and implementation of Checkpoint, the alternative justice system, which is making a real difference in Durham. If the hon. Gentleman is saying that the only qualification needed by the police and crime commissioner is being a former police officer, then I am sorry, but I do not agree with him. Ron played a variety of roles in his life, but what he brought to the post was a passion for community, and for making sure that the underdog was listened to; those were the important things. He was not afraid to take on those, including members of the Conservative party, who accused him at the last PCC election of being soft on criminals because he introduced Checkpoint. He was far from soft on criminals, but he wanted to ensure that the systems that he put in place solved the problem, rather than just getting a soundbite for a headline, which unfortunately is what the Government are doing.

Do we need more police officers on the streets? Yes, but we cannot get away from what has happened in the past 10 years. I am sorry, but it is no good the Minister saying that this is a great settlement; looking at what has happened in communities, it is not. Policing is not in a silo; the prison population, for example, is bursting at the seams, and if we do not soon get a system that enables people to be diverted away from prison, I am not sure how the system will cope. There is nothing worse than the victims of crime seeing perpetrators get away, not because the police cannot detect them, but because the court system is incapable of dealing with them.

If the Government wanted a new start, I would have preferred it if they had looked at the criminal justice system as a whole, instead of focusing on what would get them headlines. “Twenty thousand more police officers” is an easy soundbite to remember; “25% more CPS lawyers”, for example, does not have the same ring to it, because many of our constituents are not aware of the vital role that those lawyers play in ensuring that very bad people get taken off the streets.

Release Under Investigation

Richard Holden Excerpts

Wednesday 5th February 2020 Westminster Hall

[Mr Richard Holden (North West Durham) (Con)]

I have the dubious extra background in this area of being one of the only people here, I imagine, who has been on RUI in recent years. I was on it for quite a significant period of time. I fully support the hon. Member for Enfield, Southgate (Bambos Charalambous) and pay tribute to him for bringing forward this important topic, which for too long has been ignored. As he made clear in his speech, it was not the intention of the Home Secretary at the time to have a situation in which these cases drag on and on.

I have two main points to make about RUI: it has no conditions and no limit. No conditions is harmful to victims, by allowing the guilty to prey on them consistently, and no limit is harmful to the innocent, by keeping them stuck in a process without end. The only people who benefit from the system as it stands are the guilty, because they are free to continue to offend, and those who make malicious complaints, as it allows the destruction that they have caused for the innocent to continue with no end in sight.

I will pick up on a couple of points that hon. Members have made. First of all, a very fair point was made on electronic evidence. That is something that has come in over the past few years, and police have to wade through very substantial amounts of it, so there is some truth in the suggestion that they might need more time for that. I welcome the review that the Government are undertaking to look at that. Secondly, I think there is an element of Parkinson’s law in this failure—maybe a bastardised version—in that, because there is a lack of urgency due to a lack of bail conditions, police can string out investigations, so that justice for victims and the innocent is also delayed.

I will also pick up on the point made by the hon. Member for Hammersmith (Andy Slaughter) about legal aid. Having to find the money in advance if the person has a household income of more than £37,000 a year—basically, every household with two people working full-time on the minimum wage or more—and having to wait potentially years to get that money back if they are found innocent in court, is a huge financial pressure. People do not have tens of thousands of pounds of savings lying around, waiting for the justice system to slowly creak into action, so anything that can speed up the process is also important. That was a point very well made. I look forward to the Government’s review, which I will be contributing to. I will happily work cross party on this matter with any other interested hon. Members in future.