Draft Immigration and Nationality (Fees) (Amendment) Order 2018

Robert Goodwill Excerpts

Monday 5th February 2018 General Committees

[Caroline Nokes]

That is completely separate issue from that which we are considering. We will introduce a programme that will allow EU citizens to apply for settled status at the end of this year. Those who already have permanent residency will not be charged an additional fee for settled status.

Two further changes included within the draft order will delete obsolete provisions for which no fee is currently set in regulations. The original 2016 order permits a fee to be set for the acceptance of applications at a place other than an office of the Home Office. That provision currently allows the Home Office to charge a premium fee when delivering an optional service to enrol biometrics at a place of convenience to service users. Under plans to modernise services offered, the draft order will allow for fees to be set at an hourly rate, rather than a fixed fee. That will provide flexibility and allow for the fee charged to be commensurate with the time taken to deliver such services. That change does not affect the Home Office’s basic services, such as for those who enrol their biometric information at a local post office.

Finally, the draft order will also update the power to charge for services offered on behalf of certain Commonwealth and British overseas territories, where such services may not be offered within consular premises.

To sum up, we seek to make a small number of changes to the 2016 order to maintain the framework for immigration and nationality fees. We do not seek to change the overarching charging framework, nor the maximum fee levels agreed by Parliament.

[Mr Robert Goodwill (Scarborough and Whitby) (Con)]

Will my right hon. Friend confirm that the draft order is part of the Government’s intention to move towards a border, immigration and citizenship system that is fully funded by those who use it, not subsidised by the taxpayer?

[Caroline Nokes]

Given that my hon. Friend is a former Immigration Minister, we should expect him to be completely right in that respect. Indeed, we seek to move to a position where the fees charged cover the costs of providing the border, immigration and citizenship service.

As I have said, we are not seeking to make changes to the overarching framework, nor to the maximum fee levels that were agreed by Parliament and set out in the 2016 order, other than in respect of the premium service fee, which I have already referred to. Individual fee levels to be charged over the course of the next year will be set by new regulations, which are due to be laid before Parliament in March 2018. I therefore invite the Committee to approve this amendment order.

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[Alison Thewliss (Glasgow Central) (SNP)]

I am glad to have the opportunity to speak in this debate. I echo many of the points that have just been made. We in the Scottish National party have concerns about the cost of immigration and the effectiveness of the immigration system.

I will highlight two particular points from my own constituency. At the end of July a woman who lives in the Gorbals applied via the premium service for a spousal visa for her husband, but the application was not approved until the end of September. The application was made so that her partner could be there for the birth of her child. Given that the response was deemed to be within the 12-week limit, she did not get a refund despite not having received any manner of premium service: the service did not meet her needs.

A couple in Pollokshields applied on 7 June via a six-week service for a spousal visa. The Home Office eventually got back to them on 1 October to let them know that their application had been refused. Not only was it not a premium service, but it did not have a good outcome and they received no recompense for the lack of a visa or premium service. By putting out the service to be delivered by an external commercial company, I am worried that whenever anyone makes a complaint about the likes of VFS Global the Home Office replies that timescales on its commercial partners’ websites are indicative, so there is no guarantee that applying for a premium service will deliver a premium service, and that is a matter of great concern.

I am also concerned about the suggested cost. The hon. Member for Manchester, Gorton sensibly pointed out that it could take more than several hours to process some of the applications, and it would be hugely stressful for someone sitting in the waiting room seeing the cost going up and up. It is already expensive.

[Mr Goodwill]

I am sure that the hon. Lady realises that the whole point of the premium service is that the immigration service goes to it. The individual would not be sitting in a waiting room, but would be visited in their hotel room or home. That is why the premium service is so attractive to certain VIPs, footballers or perhaps foreign royals who need it.

[Alison Thewliss]

It is, regardless, still a very expensive service, and I question whether the expense meets the cost of processing those visas. It would be good to get more information from the Government about exactly how much it costs to provide such a service. As I was about to say, I am concerned about something not mentioned in the documentation, namely the equality impact, including on women, who have lower earnings and may be in the UK waiting for a spouse to come over. They will have even fewer means at their disposal. The situation was hugely stressful for the constituent I have mentioned, who was pregnant and waiting for her husband to come over.

Will the Minister clarify the point about charging people for not collecting biometric residence permits? I want to probe further as to the scale of that problem. Exactly how many people do not collect them on time, or at all? What are the reasons for that? What investigation has the Home Office done of that apparent problem? There must be a problem, unless the Home Office just wants to gouge people further for money for immigration. That seems to be a pattern, judging by what comes through my office.

Finally, a further example of such gouging is charging £6.25 for a webchat facility or email. It would be good to know exactly the reason for that, and for the £2.50-a-minute phone cost. Will those costs be fixed or capped, or will there be continued rises? My point is that immigration is a very expensive business. The super premium service has not provided anything like super premium responses to the people who come to my office. They come to me chasing answers, which they have not been able to get despite paying considerable sums of money to go through the immigration process.

I should like to know a wee bit more about quality checking, and the controls that there will be over external companies once the service is put out to them. At the moment my constituents tell me that the service is not adequate or fit for purpose, and they are not getting anything like a super premium service.

Immigration

Robert Goodwill Excerpts

Wednesday 26th April 2017 Written Statements

[The Minister for Immigration (Mr Robert Goodwill)]

In 2016, the UK granted asylum or another form of leave to over 8,000 children. By the end of 2016, the UK had resettled more than 5,000 people under the Syrian vulnerable persons’ resettlement scheme and the vulnerable children’s resettlement scheme, as part of our commitment to taking 23,000 people by 2020. Our resettlement schemes allow children to be resettled with their family members, thereby discouraging them from making perilous journeys to Europe alone. In 2016, we transferred over 900 unaccompanied asylum-seeking children from within Europe to the UK, including more than 750 from France as part of the UK’s comprehensive support for the Calais camp clearance. And over 200 children have already arrived in the UK under section 67 of the Immigration Act 2016. The UK has pledged over £2.3 billion in aid in response to the events in Syria and the region—our largest ever humanitarian response to a single crisis. Within Europe, the UK has also established a £10 million refugee children’s fund to support the needs of vulnerable refugee and migrant children arriving in Europe. The fund includes targeted support to meet the specific needs of unaccompanied and separated children.

In my written statement of 8 February 2017 I announced that, following consultation with local authorities, the Government would transfer the specified number of 350 unaccompanied children from Europe to the UK under section 67 of the Immigration Act 2016.

The Government have very recently become aware that, due to an administrative error as part of collating the figures, one region pledged 130 places which were not accounted for in setting the specified number. As part of the consultation local authorities were asked to let their strategic migration partnerships know how many places they could offer, and then the strategic migration partnerships provided the regional number to the Home Office. The Home Office continued to work with the strategic migration partnerships throughout the consultation process, and believed that two regions in England had not provided responses after the consultation closed. Both of these regions had already stepped up to take a number of children from over-burdened councils elsewhere in the country so it was assumed they would continue to support the national transfer scheme as and when they could, but were not able to provide specific numbers which the Home Office could then allocate to section 67 cases. The Home Office recently discovered that one of the regions had sent a return and we are now including their pledges in the specified number for the purposes of section 67 of the Immigration Act 2016.

In order to ensure the specified number of children to be transferred is a true reflection of the responses to that consultation, I am today announcing that, in accordance with section 67 of the Immigration Act, the Government are increasing the specified number from 350 to 480. As outlined in my original statement, the specified number includes over 200 children already transferred from France as part of the Calais camp clearance. It does not include children transferred to the UK pursuant to the family reunion criteria of the Dublin III regulation.

The Government remain fully committed to the implementation of our commitment under section 67 to transfer unaccompanied children to the UK from Europe and no eligible child has been refused transfer to the UK as a result of this error. The Home Secretary has written to her counterparts in France, Greece and Italy and we are working closely with member states, as well as the UN High Commissioner for Refugees (UNHCR), the International Organisation for Migration (IOM) and NGO partners so we can identify and transfer children to the UK as soon as possible. Home Office officials have met with their counterparts in each of the countries in the past few weeks to plan future transfers. We have secondees in Greece and Italy working on transfers of unaccompanied children to the UK under both the Dublin III regulation and section 67 and we published the criteria for future transfers on 10 March. Over the coming months, the Government will continue to work with EU member states and partners to implement section 67.

[HCWS619]

Draft Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017

Robert Goodwill Excerpts

Tuesday 18th April 2017 General Committees

[The Chair]

I call the Minister on this auspicious day to move the motion.

[The Minister for Immigration (Mr Robert Goodwill)]

I beg to move,

That the Committee has considered the draft Immigration Act 2016 (Consequential Amendments) (Biometrics and Legal Aid) Regulations 2017.

Thank you for that introduction, Mr Davies; this is indeed an auspicious day—the regulations will no doubt enter the annals of history as we discuss it. I would like to explain the scope of the statutory instrument to the Committee. In short, it makes consequential amendments to two acts: the Legal Aid, Sentencing and Punishment of Offenders Act 2012—known as LASPO—and the Immigration and Asylum Act 1999.

The amendments are made in preparation for the commencement of the new immigration bail powers under schedule 10 to the Immigration Act 2016. The changes to LASPO are made in respect of access to legal aid for individuals liable to detention. The changes to the Immigration and Asylum Act 1999 are made in respect of the collection of biometric information from some individuals in connection with the conditions of their immigration bail.

The broad context of the regulations is the commencement of schedule 10 to the Immigration Act 2016. The powers conferred by schedule 10 will create a new status of immigration bail to replace the complex legal framework that currently exists under the Immigration Act 1971 in respect of individuals liable to immigration detention. There are currently a total of six legal statuses relating to bail or release for individuals liable to detention. It might help the Committee if I list them: temporary admission or release, under paragraph 21 of schedule 2; bail, under paragraph 22 of schedule 2; bail pending appeal, under paragraph 29 of schedule 2; bail pending removal, under paragraph 34 of schedule 2; bail pending deportation, under paragraph 3 of schedule 3; and release on restrictions, under paragraphs 2(5) or 4 of schedule 3. As the Committee must conclude, the situation is unnecessarily complex.

Under schedule 10 to the 2016 Act, those six statuses will be simplified into a single status of immigration bail. The changes to primary legislation made by the statutory instrument are intended to harmonise the legal framework surrounding release from detention in the light of the broader changes that will commence with schedule 10. Accordingly, the regulations are being introduced now so that the commencement of schedule 10 can proceed smoothly. That is because the changes to primary legislation are unnecessary to enable the new bail regime to function.

The amendments to LASPO are being made to ensure that access to legal aid for immigration bail is neither narrowed nor widened following the introduction of the new immigration bail powers. I hope that that will reassure those who might have had concerns about restrictions in legal aid.

When schedule 10 is commenced, the provisions to which LASPO currently refers will be repealed. As a result, changes to LASPO are required in paragraphs 26 and 27 of schedule 1. To give some detail, paragraph 26 provides for a person who is temporarily admitted to the UK to be eligible for legal aid, and paragraph 27 provides for a person who has been released on restrictions to be eligible for legal aid. The statutory instrument amends both paragraphs to reflect the new legal framework.

We are also inserting a new paragraph 27A into the relevant part of LASPO. It represents not a change in substance but a necessary change to ensure that those who are currently eligible for legal aid remain so. It is worth noting that paragraph 25 of schedule 1 to LASPO does not need to be changed, as it relates to people who are being detained. Those in detention are already eligible for legal aid in respect of bail, and the move to the new immigration bail regime will not change that.

In respect of the Immigration and Asylum Act 1999, a minor change to biometrics powers must also be made, because the commencement of schedule 10 will change the reporting requirement applying to some on what will become immigration bail. Section 141 of the Act currently provides the power for an authorised person to take fingerprints from an individual in given circumstances. One of those circumstances concerns individuals who have been refused leave to enter but were instead temporarily admitted. The power is exercised if an immigration officer reasonably suspects that the individual might break the conditions of temporary admission relating to residence or reporting and must therefore have their fingerprints recorded. Section 141 currently refers only to conditions for reporting to the police or an immigration officer. However, the new powers under schedule 10 mean that immigration bail can be imposed subject to a condition requiring a person to report to the Secretary of State or any such other person as may be specified. The statutory instrument makes the necessary amendment to reflect those new provisions.

In summary, the consequential amendments made by the statutory instrument are necessary for the smooth and orderly commencement of schedule 10 to the Immigration Act 2016, as agreed by Parliament. They ensure that the new power of immigration bail will not adversely impact anyone and that there will be no difference in the treatment of individuals who fall under the new encompassing status of immigration bail and who would have fallen into one of the six discrete statuses that I outlined earlier related to bail from detention. Equally, it will ensure that biometrics are taken only from the same cohort of individuals as before, in circumstances as outlined in the legislation. I commend the statutory instrument to the Committee.

[The Chair]

I now call my illustrious neighbour, Carolyn Harris, to respond on behalf of the Opposition.

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[Mr Goodwill]

I thank both Members who have made contributions today. Please allow me some time to respond to the issues raised.

Although I cannot give a precise date for the commencement of the new bail provisions in schedule 10, I can assure Members that progress is being made, as this statutory instrument demonstrates. I expect the new immigration bail to be implemented shortly, although the forthcoming general election might delay that further.

Let me point out that immigration detention is entirely different from the detention of criminals in the prison estate. The people who may be foreign national offenders in immigration detention are no longer criminals; they are detained solely for the purpose of removal. Indeed, detainees can be put into detention only in very limited circumstances; there is a presumption against detention.

However, I would point out that last year 5,810 foreign national offenders were removed from this country, and I would make it clear to constituents up and down the country, including in Scotland, that if those people were in the UK, many of them may well have gone on to perpetrate crimes, and in some cases quite horrendous crimes—rape, murder and organised crime. The removal of those people is very good news for constituents.

[Anne McLaughlin]

I thank the Minister for taking an intervention. Every time we discuss this, I have to make it clear that I am not suggesting that the streets of the United Kingdom should be overrun with people who are likely to commit those terrible offences, regardless of where they come from. We are talking about people who are detained for longer than the prison term they were given, and whether or not they should be allowed to have the same judicial oversight after four months of detention. I ask the Minister to please stop implying that anybody here wants the country to be overrun with criminals who are going to cause harm to our constituents, because that is not what we want.

[Mr Goodwill]

Since 2010 we have removed around 30,000 foreign national offenders from this country. That is something that our people expect us to do, and I will be proud to stand on that record in the general election campaign. Indeed, Home Secretaries in the previous Administration were forced to resign because people were being released from prison without being considered for detention. I believe that we have a system that works very well, and we maintain all the legal safeguards that need to be in place. We have a very effective voluntary return scheme, so people who have not got legal status here can be helped with their air ticket or given other help if they volunteer to go early. We have an adults at risk policy and we constantly keep these matters under review.

The hon. Member for Swansea East mentioned legal aid. I repeat on the record that there will be no change on policy and no change to those who are eligible. The SNP spokesperson talked about having a time limit on detention. In my view, that would create a perverse incentive to delay the process and would make the system less effective and less operable. Let me give an example of some of the legal processes we have to undertake. In any given year about 18,000 judicial reviews are brought forward, of which fewer than 100 are successful. There is no shortage of access through the various tribunals and appeals processes, and there is judicial review for people who need it.

I was concerned that the hon. Member for Glasgow North East seemed to justify shoplifting—I am sure she will correct me if I am wrong—as something that is perfectly acceptable if the person is hungry. We have a process: if someone has no legal status here and cannot work, they should present themselves and we will work with them to return them to their country of origin.

[Anne McLaughlin]

I am not sure where to start. I will try to keep it brief. No, I was not saying that shoplifting is okay, and I think the Minister knows fine well that I was not saying that. I was saying that the Minister has used the excuse that people pose a risk to people out there if we do not detain them beyond their prison sentences. He was suggesting that they are dangerous people. If somebody shoplifts because they have no income and no way of feeding themselves, it is not right, it is against the law and it is a criminal act—I say on the record, please do not do it—but it is not the same thing as attacking somebody violently or raping somebody. The Minister puts those things in the same category. Those people do not pose a dangerous threat to members of the public.

[Mr Goodwill]

I am pleased to have given the hon. Lady the opportunity to put the record straight—I was possibly being a bit mischievous when I suggested that she was making that point. People who commit crimes here and have no status here need to leave the United Kingdom. If they do not do so voluntarily with the help we give them, in many cases immigration detention and the processes we have in place are needed.

The hon. Member for Swansea East talked about informing people that the bail changes in the 2016 Act will be coming into force on 30 April. The bail provisions in the Act are not coming into force on 30 April. I am happy to bring them forward shortly, but the election will lead to a short delay. We are working closely with the Ministry of Justice and the Courts and Tribunal Service. I have confirmed that there will be no changes. This measure does not change policy; it is a technical instrument to ensure that the three instruments interact correctly. The hon. Lady also raised the issue of advice to immigration detainees in prison. We are producing a comprehensive information pack to be given to prisoners setting out how to apply for bail and the appropriate forms to be used.

On the adults at risk policy, which I touched on briefly, I strongly disagree with the hon. Member for Glasgow North East. Concern for vulnerable detainees is at the heart of our decision making, and we expect our policy to lead to a reduction in the detention of vulnerable persons.

I hope I have addressed the points that were raised. This measure makes consequential amendments to the LASPO 2012 legislation and the Immigration and Asylum Act 1999. The amendments to those two pieces of primary legislation are central to facilitating the smooth and orderly commencement of the new immigration bail provisions under schedule 10 to the 2016 Act. I commend them to the House.

Question put and agreed to.

Schengen and EU-Turkey Co-operation on Migration

Robert Goodwill Excerpts

Wednesday 22nd March 2017 General Committees

[The Minister for Immigration (Mr Robert Goodwill)]

Thank you, Mr Paisley. It is a great pleasure to serve under your chairmanship. I am pleased to inform you that I am indeed in good form today.

I thank the European Scrutiny Committee for bringing this motion to the House. I understand its concerns about the delay in scheduling this debate. This process plays an important role in the scrutiny of the Government’s approach to the EU’s efforts on immigration and we must do better to enable that role to be fulfilled. I very much understand the point made by my hon. Friend the Member for South Thanet. Indeed, on an earlier occasion, I apologised for some of the tardiness in scheduling these debates, and we have now made up a lot of the lost ground. Debates on the Floor of the House are usually a matter for the usual channels, but there has been increasing pressure on the main Chamber, particularly given the debate on article 50 and other debates and measures flowing from the result of the referendum.

We are here to examine aspects of the European Union’s response to the migration crisis, which saw unprecedented numbers of refugees and economic migrants leave their region of origin and move northwards through Turkey into Greece and the western Balkans in the second half of 2015. That was an unprecedented movement of people on a scale not seen since the second world war, often with the most awful consequences for those seeking to make the perilous journey across the Mediterranean. The scale of the movement presented an unparalleled challenge for the EU, both in terms of the humanitarian response and in respect of the functioning of the external Schengen area. As well as addressing the immediate implications of that movement, the EU also had to find a medium to long-term approach to address illegal migration and regional push factors.

The UK has always been clear about the long-established principle that claims for asylum should be made in the first safe country. The EU’s extensive upstream work with source countries is designed to reduce push factors and enable the return of those who have no need for protection.

UK work to resettle Syrian refugees runs alongside EU schemes to provide legal routes into and across the EU for those who are most in need of international protection. In 2016, for example, 5,181 people were resettled to the UK under our Syrian vulnerable persons resettlement scheme, the gateway programme and the mandate scheme. The UK has played a leading role in developing a comprehensive approach to what is now regarded as a global migration issue. I will address several aspects of the EU’s response to the crisis, beginning with the EU-Turkey deal.

As the Committee is aware, in March 2016, the European Council agreed a set of action points with Turkey, known as the EU-Turkey statement. That agreement includes the return to Turkey of all illegal migrants crossing from Turkey to the Greek islands; the resettlement of one Syrian in the EU for every Syrian returned to Turkey; measures to prevent the opening up of new sea or land routes for illegal migration from Turkey into the EU; and joint work to improve the humanitarian conditions for Syrians inside Turkey, with €3 billion allocated to the Facility for Refugees in Turkey. Turkey has also introduced legislation allowing Syrians and non-Syrian refugees to work, and it is providing schooling for over 500,000 Syrian children.

The UK is committed to supporting the implementation of the agreement, which plays an important role in managing illegal migration flows and preventing people from being exploited by organised criminals, risking their lives in attempting to cross the Aegean. Alongside work in Greece and the western Balkans, it has also contributed to a 98% drop in illegal crossings in the Aegean, saving lives at sea. That is an average daily arrival of 43 people, compared with 1,700 people a day in the month before the agreement.

The UK is playing a leading role in supporting Greece and Turkey on implementing the deal. In May 2016, we announced a package of UK support to Greece consisting of up to 75 expert staff, including staff to interview arriving migrants, act as interpreters and support co-ordination through the European Commission team in Athens. The first UK staff arrived in Greece in May and the pledge was fulfilled in January 2017. In November 2016, we offered an additional package of up to 40 expert staff over the winter period to support the admissibility process and ease congestion on the islands. All staff who were part of that additional offer have now been committed, with the remaining deployments scheduled to begin this month.

As well as staff based in Greece, two Border Force vessels have been providing vital search and rescue support in both the Mediterranean and the Aegean since May 2015, rescuing over 12,000 migrants. We have deployed two cutters, supporting the Hellenic coastguard and Frontex’s Operation Poseidon in the Aegean.

The UK is also involved in operations against organised immigration crime across Greece, the eastern Mediterranean and the western Balkans region. A joint investigation by the UK’s organised immigration crime taskforce, Project Invigor, and the organised crime unit of the Hellenic police, with support from Europol, has successfully dismantled a major organised immigration crime group operating in Greece. That operation led to the arrests of those suspected of being members of a criminal network who were smuggling illegal migrants via Turkey, Greece, by vessel to Italy and on to Europe.

The UK has committed €328 million to the €3 billion that the EU is providing towards supporting refugees in Turkey. That is part of the UK’s total £2.3 billion commitment towards the events in Syria and the region—our largest ever humanitarian response to a single crisis. We have also committed £100 million of humanitarian support, including over £30 million to Greece, to help alleviate the Mediterranean migration crisis. We believe that the agreement with Turkey is in line with international law and can be built on, and we hope that it will continue in the medium to long term.

Turning to Schengen, I will touch briefly on the situation at the external border and the issue of internal borders. The European Commission has drawn up a road map called “Back to Schengen”, which sets out its commitment to strengthening the Schengen area and ensuring that it continues to function following the challenges of the last two years. The road map calls on Greece to work with its EU and international partners to control its maritime borders better and to build an effective domestic checking and asylum processing system, including the use of so-called border hotspots. It also calls for EU reforms to strengthen its systems for the medium to long term.

In relation to the external border, the EU has reviewed its procedures and reformed the procedures for systematic Schengen checks. The new procedures have been agreed and should enter into force in early April. They mean that Schengen states should carry out systematic checks on all persons, including those enjoying the right of free movement under EU law, when they cross the external border. That will include checks against Schengen databases as well as against EU databases on lost and stolen documents. Through such procedures, states will be able to verify who is travelling through all external borders—air, sea and land borders—at both entry and exit. That is an important step towards increasing the security and integrity of the Schengen area. It will also help to identify correctly people travelling with false ID, who might go on to apply for asylum or attempt to overstay or undertake secondary illegal movements.

In relation to the external border, the EU has now established the European Border and Coast Guard Agency, previously known as Frontex. The new border and coast guard has an extended remit, and participating member states are creating a rapid reaction pool of 1,500 border guards and equipment to enable rapid response teams to act quickly to address sudden route changes and increased flows. That should be operational by the end of May 2017.

Let me move on to the issue of internal borders. In the light of security concerns pending the reforms to the external borders, five countries—Germany, Austria, Denmark, Sweden and Norway—have raised their internal borders. That is due to last until 12 May this year and was agreed pending full implementation of the recast Frontex rapid reaction pool, implementation of the systematic checks, and progress on work in Greece. However, there is also continuing work with external border member states, such as Bulgaria, and in the western Balkans, with an eye on developments in Turkey. The Commission hopes that most of the critical measures needed to strengthen the EU’s external borders from within the EU will be in place this year.

I must be clear that the UK will continue to be at the forefront of international efforts to address the migration crisis and support a comprehensive approach. The Government also remain committed to working, as a constructive and positive partner, with our European and international partners to implement the EU-Turkey deal. It is firmly in the UK’s interest and that of refugees that migration into Europe is controlled and that borders are secure. Aside from any negotiations flowing from the vote on 23 June and the triggering of article 50, we will continue to engage fully in this process as part of the EU and international response to the appalling events in Syria and their humanitarian consequences.

[The Chair]

Hon. Members have until 10 am to ask the Minister questions. I remind them that questions should be brief. I will allow supplementary questions; just catch my eye, please, if you wish to ask a question.

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[Dr Huq]

Thank you, Mr Paisley. That is enough to be going on with.

[Mr Goodwill]

The hon. Lady asks a very reasonable question: is it safe to return people to Turkey? As we have heard, Turkey ably hosts more than 3 million refugees, and we believe that it offers sufficient protection, in both its law and its practice, to return migrants from Greece under the EU-Turkey agreement. Turkey has modernised its legal framework for the protection of refugees, and we have been monitoring the situation closely since the attempted coup. To date, there has not been any evidence of deterioration in the conditions of, or protections available to, refugees. The UN Refugee Agency, the UNHCR, is monitoring the situation.

As I said, the United Kingdom has committed €328 million to the €3 billion facility for refugees in Turkey, in addition to the contribution via the EU budget to assist Turkey in hosting those refugees. We continue to work with Turkey and other international partners to address the needs of refugees there.

[Dr Huq]

There are concerns that this agreement represents a shift in refugee policy; there have been reports on the subject by Human Rights Watch, the United Nations High Commissioner for Refugees, the European Council on Refugees and Exiles and the European ombudsman. I am encouraged to hear that there will be regular monitoring, because the ombudsman has said that there need to be impact assessments as part of an ongoing process. Does the Minister recognise that some of the fundamental rights that protect people within the international system are at risk of being watered down by this unusual policy shift? What representations have we made at European level to seek assurances on those protections?

[Mr Goodwill]

I hope the hon. Lady will recognise that one of the fundamental principles of a refugee system is that one must claim asylum in the first safe country. For the majority of those fleeing Syria, Turkey is that first safe country, and Turkey understands its responsibilities in that regard. A number of the people in Turkey who are seeking to come to Europe are not refugees from Syria; some of them are economic migrants from countries further afield, as far away as Afghanistan and Pakistan. When those people make a claim, it needs to be considered under the rules that are in place.

The Turkey deal is saving lives every day. Not having that deal in place would be playing into the hands of the people smugglers. We would once again see the carnage of people making that hazardous sea journey across the Aegean, and those heart-rending pictures of small children being cradled in the arms of rescuers on beaches. That is something we do not wish to return to. The Turkey deal delivers on that, and means people can be accommodated in Turkey in the refugee camps there. Indeed, the vast majority of the Syrian refugees that I met in Jordan when I was visiting the refugee camps did not want to come to Europe; they wanted to go back and carry on their lives in the country that they loved. I believe that this deal is a great way of delivering on all those objectives.

[Dr Huq]

Specifically, does the Minister support the European ombudsman’s claim that, in light of EU institutions’ concerns about human rights, there should be regular reviews of the impact of the agreement on the human rights of the 3 million refugees he talked about?

[Mr Goodwill]

International law refers to adequate protection, and that is neither defined by, nor required to be equivalent to the standards met by, individual EU member states. We have been monitoring the situation closely since the attempted coup, and there has not been any evidence of deterioration in the protections available to, or conditions of, refugees. In the UNHCR’s opinion, which I believe we should give a great amount of credibility to, that would be a matter for the agency to respond to, although we note that there is no published opinion from the UNHCR that Turkey is not a safe third country, and the high commissioner has frequently praised Turkey for its role in hosting Syrians.

[Dr Huq]

This is my final question for the moment. It is a cause for concern, given the many problems that the deal presents, that it appears to be forming a model for other agreements between refugee-origin or refugee-transit countries, and states within Europe. The “Joint Way Forward on migration issues between Afghanistan and the EU” of last October clearly draws on the precedent set by the documents before us. Does the Minister intend to support the incorporation of a similar approach into future agreements on refugee policy, whether at the EU or national level?

[Mr Goodwill]

I could not really comment on any future deals until the details of those deals were known. However, if a similar deal with a north African state was possible, it could prevent large numbers of people who are currently doing so from putting their lives at risk. In some cases, they are being forced at gunpoint on to vessels that are clearly not seaworthy. A similar deal throughout the Mediterranean would, I am sure, be welcomed by the international community.

The deal is saving lives and ensuring that people are being cared for. Let us not forget that those who can afford to pay the people smugglers are by definition not the most vulnerable; they have that resource. Our schemes, particularly the Syrian vulnerable person resettlement programme, delivers for those whom the UNHCR selects as being the most vulnerable, rather than those who can afford to pay the people smugglers.

The EU-Turkey deal continues to represent a critical opportunity to manage migratory flows effectively, to tackle people smugglers and to prevent people from making perilous crossings. The deal has, along with other measures, resulted in a substantial reduction in the number of migrants arriving in Greece since it was agreed. Flows across the Aegean during the last four months of 2016 were only 2% of what they were during the same period the year before. That is a testament to the effect of the joint working under way.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I have three short questions for the Minister—

[Stuart C. McDonald]

Sure. First, to go back to what the hon. Member for South Thanet said, this is perhaps the second time that I have been to a European Committee in which we have been talking about fundamental issues and documents that are a year out of date. Is there an explanation for why that has happened? May we have an assurance for the future that when such documents are published, we will be able to debate them quickly, preferably on the Floor of the House?

[Mr Goodwill]

I did make a solemn undertaking, when called before the European Scrutiny Committee to account for myself, that we would work off the backlog, and we have made considerable progress in doing that. I have to say, however, that this is a very good point in time at which to review the operation of the Turkey deal and what is happening in the Schengen area. In the coming months, a number of critical decisions will need to be made by the European Union, not least because this is a two-way deal. There were suggestions that visa restrictions could be eased for Turks wishing to come to the European Union, and there is the issue of more progress on Turkey’s wishes to become a member. It is therefore a good time to have the debate and to review the measures, albeit that we are not a member of the Schengen area.

[Stuart C. McDonald]

May I press the Minister, secondly, on the lawfulness of the EU-Turkey agreement? We need to be clear what we are talking about, which is the European Union saying, “We are not going to consider the substantive claim for asylum that you have made. We are going to say that it is inadmissible and return you to a country that does not fully implement the Geneva convention, on the basis that you have travelled from there.” Peter Sutherland, the UN Secretary-General’s special representative for international migration, suggested that the deal was illegal. Did the Government seek legal advice? How have they come to the conclusion that it is lawful to say, “You can have your asylum claim processed in Turkey”?

[Mr Goodwill]

I repeat the point that the “first safe country” principle is well accepted and has been for many years. Turkey, as a safe country, is one in which people may claim asylum. It offers sufficient protection in law and in practice to returnees. We are confident that all returns will take place in full accordance with EU and international law. Every quarter, the European Commission carries out a review that considers human rights. There have been five to date, the most recent one published in early March.

[Stuart C. McDonald]

I thank the Minister for that answer. I will return to that issue in a moment, but finally, may I press him on what he said about using the deal as a model for other deals, perhaps with north African countries? I cannot for a minute think that he is suggesting that he would implement a similar deal with Libya, under which people claiming asylum in Europe would be told that we would not consider their claim, but it would instead be considered and processed in Libya, which clearly has no implementation of the Geneva refugee convention.

[Mr Goodwill]

The point I was making was that no deal is on the table, but certainly Libya can never be considered a country to which it is safe to return people. In any case, there are serious problems with organised criminals and people traffickers operating in Libya. The lack of rule of law in Libya is also of great concern to the international community. As I said, no deal is on the table, and no model can be delivered, but overall, the Turkey deal has saved lives and resulted in people smugglers’ business being curtailed. We can certainly learn lessons from it, if we look at similar types of deal in future.

[Craig Mackinlay]

Little-championed countries such as Jordan and Lebanon have played key roles by doing their bit, particularly for Syrian refugees, and both the UK Government and the EU in general should thank them for what they are doing in this crisis. Turkey has taken 3 million Syrian refugees, but what sorts of numbers have the United Arab Emirates, Bahrain, Saudi Arabia and Oman taken? I think I know the answer: few or none. Given their cultural, historical and religious links and their geographical closeness, it seems somewhat bizarre that those countries in the middle east, which have huge migrant workforces, often from Asia, have not stepped up to the plate among the international community to do their bit to relieve the suffering of the Syrians. Does the Minister know what representations the EU or the UK Government have made to encourage those countries to step up to the plate?

--- Later in debate ---

[Mr Goodwill]

I certainly echo my hon. Friend’s admiration of the work done not only in Turkey but in Lebanon and Jordan. Those countries are facing the full brunt of this dreadful refugee crisis. I visited the camps in Jordan last year. I also heard about the terrible conditions experienced by people in the berm—the area of land between Syria and Jordan where, because of security concerns, people are not able to move freely into the safer and more secure area in the camps. I was proud to see the work done by both the EU in general and the UK to put in clean water and sanitation and provide accommodation. Indeed, private companies around the European Union have also provided assistance.

We must bear in mind that a number of refugees in Jordan live in normal accommodation, sometimes with friends and family. I pay tribute to the King of Jordan for the leadership that he has shown in enabling Jordan to be a safe haven for so many people. I am proud of the work we are doing in conjunction with the Jordanians, the Turks and the Lebanese to ensure that support can be given to people in those camps.

My hon. Friend mentioned the UAE and other countries. I think he answered his own question. Certainly, we will continue to try to ensure that we get a truly international response. I draw attention to countries such as Canada, which carried out a massive airlift of 25,000 refugees from Jordan in a very short time, and Australia, which has a number of schemes in place, including community sponsorship schemes. Indeed, we are learning from how such schemes operate, particularly in Canada, and I am pleased that an increasing number of communities—both faith-based groups and others—are participating in those schemes and making Syrian refugees welcome in our communities. We are giving refugees the support that we can, which includes support with education and English language skills from professionals, and communities are supporting people and making them welcome.

I am pleased that many refugees who come here quickly assimilate. Their children, in particular, perform very well in school. I predicted some time ago that it is only a matter of time before we get our first Syrian entrepreneur millionaire, in the same way that the Ugandan Asians made such a success of their arrival in the UK.

Motion made, and Question proposed,

That the Committee takes note of European Union Document No. 15429/15, a Commission Communication: Eighth biannual report on the functioning of the Schengen area 1 May-10 December 2015, European Union Document No. 15397/15, a Proposal for a Regulation amending Regulation No. 562/2006 (EC), also known as the Schengen Borders Code, as regards the reinforcement of checks against relevant databases at external borders, European Union Document No. 6798/16 and Addendum, a Commission Communication: Back to Schengen – A Roadmap, European Union Document No. 5985/16, a Council Implementing Decision setting out a Recommendation on addressing the serious deficiencies identified in the 2015 evaluation of the application of the Schengen acquis in the field of management of external borders by Greece, European Union Document No. 7183/16, a Commission Communication: Next operational steps in EU-Turkey cooperation in the field of migration, European Union Document No. 8175/16 and Addendum, a Commission Communication: First Report on the progress made in the implementation of the EU Turkey Statement; and supports the Government in continuing to work alongside EU partners as part of a comprehensive approach to global migration issues.—(Mr Goodwill.)

--- Later in debate ---

[Mr Goodwill]

I was going to thank the hon. Lady for her comments, but I cannot listen to her description of the UK’s response as miserly. We are the second biggest donor to the region—£2.3 billion—and are second only to the United States in helping people in those refugee camps. We are at the forefront of helping the Greeks and doing work in Italy. Indeed, our scheme for bringing Syrian refugees directly from the camps—the most vulnerable, as selected by the UNHCR—is something we can be very proud of. We made a commitment to take in 20,000 refugees by the end of the decade, and we will certainly deliver on that.

The hon. Lady also talked about our response compared with that of the rest of Europe. The European Commission report on EU resettlement schemes, published on 20 July 2015, said that under the 1:1 mechanism with Turkey, resettlement under national schemes may count towards those totals. As of 7 February, the UK and Norway have resettled the largest number of migrants. As the UK met our pledge of 2,200 last year, our statistics do not increase. However, the Commission acknowledges that we have surpassed that pledge, and that our numbers continue to increase under national resettlement schemes. In comparison, Norway pledged to resettle 3,500, but had resettled 2,924 by 7 February. Other member states’ resettlement figures are: 1,501 in Austria; 1,088 in France; 1,213 in Germany; and 1,000 in the Netherlands, which meets their pledge. Member states that have not resettled any migrants under the EU scheme include Bulgaria, Croatia, Cyprus, Greece, Hungary, Luxembourg, Malta, Poland, Romania, Slovakia and Slovenia, so I will not accept any criticism from the hon. Lady, who describes what the UK is doing as miserly. I am proud of what we are doing, and she does nobody any favours by describing it in that way.

She talked about the speed of registration of migrants. Syrian nationals are returned to Turkey by plane under the EU-Turkey deal, before being transferred to the refugee camp in Düziçi for swift pre-registration. They have a right to settle freely in the province of their choice, or to remain in the refugee camp. Non-Syrian nationals are returned to Turkey by boat and are transferred to a removal centre in Kirklareli, where they are informed about their rights, which include the possibility of applying for protected status in Turkey. EU authorities and UK Home Office officials have visited the centre and verified that the processing complies with the required standards. In 2016, the UK funded a conflict, security and stability fund project to strengthen Turkey’s asylum system, with specific regard to returnees.

Turkey’s co-operation with the EU and NATO has led to a dramatic reduction in arrivals in Greece from Turkey. The EU Commission published its fifth report on the progress and the implementation of the EU-Turkey statement on 2 March. That report demonstrates that the statement continues to produce tangible results, despite the difficult circumstances; there is an average daily arrival of 43 people, compared with 1,700 per day in the month before the statement. While there is still a human tragedy, the number of those reported dead or missing at sea has also fallen to a total of 70—it is still 70 too many—since the EU-Turkey statement was implemented, compared with 1,700 in the same period in 2015-16.

Under the EU-Turkey action plan on migration, Turkey has committed to enhancing the fight against and the dismantling of criminal networks involved in the smuggling of migrants, notably by increasing operational co-operation among Turkish law enforcement authorities, and between them and their counterparts in EU member states and agencies. Turkish authorities say they have apprehended almost 1,000 facilitators of human trafficking in 2016, although that figure has yet to be confirmed.

During her visit to Turkey on 28 January, the Prime Minister paid tribute to Turkey’s extraordinary generosity in ably hosting more than 3 million refugees from Syria and elsewhere. Turkey now hosts more refugees than any other country in the world. Turkey made a commitment at the London Syria conference to educating all Syrian children by the end of the 2017 school year, in June. Turkey has enrolled 500,000 Syrian children in schools in Turkey—that figure is from the Turkish Ministry of National Education and UNICEF—which is a significant process; however, 330,000 Syrian children remain outside education.

I followed the debate with great interest, and thank those who have contributed.

--- Later in debate ---

[Mr Goodwill]

Although I understand some of the criticisms about how some aid is being delivered, we live in extraordinary times. I repeat my admiration for the way that Turkey stepped up to the mark. Mr Paisley, you would not permit us to go into a long debate about internal political matters in Turkey—that is for another day and possibly another place—but I believe that the way that it has worked with the international community is very credible.

Any delay in implementing the Turkey deal would have meant more dead bodies being washed up on the beaches on those islands. It is easy to read out criticisms from non-governmental organisations, but we need to deal with the situation on the ground. The human rights abuses in that region are being made by Daesh and Assad and his cronies. The dreadful situation unfolding in Syria is what is causing the refugee crisis. The countries on the frontline, particularly Turkey, are discharging their international responsibilities, and I am pleased that we are working so closely with them.

There are existing schemes in Europe: the Dublin process is still in operation for asylum seekers who claimed asylum in an EU country who have family connections here in the UK, and we can ensure that that process works. Indeed, the larger number of the children who came to the UK following the clearance of the Calais camp came under the Dublin process, not the Dubs process.

It is the Government’s position that we should continue to support our EU partners in work to strengthen and deliver an EU external border that can withstand the extreme pressures we saw in 2015 whenever and wherever they occur, with the ultimate aim of preventing that from happening again. We will also continue to engage with near-neighbours and third countries to ensure that those in need of international protection get that protection—ideally in their region of origin—illegal migration is controlled and we deter abuse and prevent long-distance movements that endanger lives.

Question put and agreed to.

Immigration Rules

Robert Goodwill Excerpts

Thursday 16th March 2017 Written Statements

[The Minister for Immigration (Mr Robert Goodwill)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in immigration rules [HC 1078].

The changes include a new requirement that individuals over the age of 18, who are applying for entry clearance under the tier 2 general route to work in education, health and social care sectors, must provide a criminal record certificate from any country in which they have lived for 12 months or more in the previous 10 years. This requirement will also apply to the partner of the applicant and a partner applying to join an existing tier 2 migrant in one of these work sectors.

This is the second stage in a phased implementation of the requirement. It currently applies to individuals over 18 applying for entry clearance under tier 1 to come to the UK as entrepreneurs or investors, and their adult dependents. The Home Office will continue to monitor implementation with a view to extending the requirement to other migrants in the future.

On 24 March 2016 the Government announced two phases of reforms to tier 2, following a review by the independent Migration Advisory Committee. The first phase was implemented on 24 November and the changes being laid today implement the second phase of the announced reforms. The changes also update the codes of practice relating to skilled workers, and make other minor updates to the rules for work routes.

Further changes are being made to amend or clarify other provisions in the immigration rules.

[HCWS542]

Detention of Vulnerable Persons

Robert Goodwill Excerpts

Tuesday 14th March 2017 Westminster Hall

[Anne McLaughlin]

Absolutely. It is very clear today that there is much cross-party consensus on this issue. On the length of time that people are held in detention, the Home Office’s own statistics show that migrants in detention are being held for longer since the publication of the review. That is astonishing. At the end of December 2015, the month before the Shaw review was published, 453 people had been detained for longer than four months. According to the Home Office, nine months later that number had gone up to 553.

[The Minister for Immigration (Mr Robert Goodwill)]

I am sure the hon. Lady is aware that many of those who are detained for longer than usual are foreign national offenders and are assessed to pose a risk to the public. There are about 1,300 foreign national offenders in immigration detention. Is she suggesting that those people should be released, even if they pose a risk to the public?

[Anne McLaughlin]

What I am suggesting is that this Government will always raise that point. They will always say that. I am talking about people who have committed no crime. The Minister wants to talk about people who are in immigration detention because they have a criminal conviction; I am going to assume that they were sentenced, served a prison sentence and should be treated the same as any other prisoner. If they are a danger, they should not be out of prison. If they are not a danger, they should not be in detention.

--- Later in debate ---

[Dr Cameron]

That is certainly not something I witnessed when I visited Dungavel, but perhaps the Minister would like to comment.

It is recommended that the presumption against detention be extended to include victims of rape and sexual or gender-based violence, including FGM, people with a diagnosis of post-traumatic stress disorder, people with learning disabilities and other vulnerable groups. As to the exclusion of pregnant women, surely we must agree that their care cannot possibly be managed adequately within detention. The Shaw report also found that rule 35 of the detention centre rules, designed as a key safeguard for victims of torture or those whose health would be at risk from continued detention, failed to protect vulnerable people in detention. The report highlighted a fundamental lack of trust in medical staff and advised consideration of independent GPs or professionals.

I should like to address several issues in the time I have: assessment of those with PTSD, assessment of those with a learning disability, and the important issue of the detention of vulnerable and traumatised individuals alongside foreign national offenders—something that I believe poses a risk in itself. As a psychologist, I can say that assessment of post-traumatic stress disorder is complex and cannot be done as a snapshot. I went on occasion, in a previous life, to Dungavel to assess mental health, but there is a brief timespan.

[Mr Goodwill]

I want to reassure the hon. Lady that the worst foreign offenders are detained in the prison estate and not mixed with other detainees.

[Dr Cameron]

I thank the Minister for that response. I shall come on to the concerns that I have. The situation involves some detail on which we need further information.

The time afforded for clinical assessment is extremely brief—perhaps only an hour. Meeting clients in Dungavel, alongside an interpreter, makes it even more difficult, because more time is needed to get accuracy. In my experience, the time afforded has not been enough. Building rapport in clinical practice takes time. To expect professionals to do a full, thorough assessment within a snapshot of time is not realistic. It takes repeated appointments. Trust must be built. After all, it is expected that people will open up about some of the most traumatic incidents or experiences of their lives. That does not happen in a few appointments. Clinically, that approach is not good practice, and from the point of view of humaneness it could be re-traumatising. Post-traumatic stress disorder and its symptoms mean avoidance and suppression of emotion, so people are being asked to do something very difficult in the context of their disorder.

Another issue that I found was that the background information needed for a full diagnosis was often not available. Perhaps it has not travelled with the person, or not much is known about their background, meaning that even more careful consideration and lengthier assessment are merited. How many trained psychologists are working in detention centres, and what time and space are they afforded to complete mental health assessments? My concern is that people are slipping through the net; that PTSD is not being diagnosed, that mental illness is not being recognised and that vulnerable and unwell people are being detained when they should not be.

Individuals with learning disabilities are likely to be extremely vulnerable, and in my opinion they should not be detained at all. Assessment to detect individuals’ IQ and history of developmental delay and significant impairment in everyday functioning is even more complex than mental health assessment, and IQ tests are often not culturally transferable. Once again, information for such individuals is often lacking, although background information on development is necessary. It can take multiple sessions speaking to numerous people involved in someone’s care to avoid missing critical information.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I shall be delighted to allow the hon. Member for Glasgow North East (Anne McLaughlin) a minute or so at the end. It is a pleasure to serve under your chairmanship, Mr Davies, and I congratulate the hon. Member for Glasgow North East on securing the debate.

I welcome the opportunity to set out the Government’s position on these matters and to address the points raised by right hon. and hon. Members. Where a specific case has been mentioned or there has been a request for statistics, it may be better if I write to the Members concerned, not because I cannot give them that information but because time is restricted.

Detention and removal are an essential part of an effective immigration control system, but it is vital that they are carried out with dignity and respect. Indeed, I have visited a number of detention centres myself, including Yarl’s Wood and, recently, one in Belgium. The Government there face similar challenges and have similar facilities to the ones in the UK. We expect those who have no right to remain in the UK to leave the UK voluntarily, and we have programmes in place to support voluntary return. In many of the cases that have been discussed, people will have had the opportunity of an assisted return. There are financial packages and the airfare is picked up by the British taxpayer.

When people with no right to be here refuse to leave of their own volition, it is absolutely right that we take steps to enforce their removal. In those cases, detention may be necessary as part of that process. However, there is always a presumption of liberty for an individual, and the decision to detain any person under immigration powers is never taken lightly. Our policy already makes it clear that detention must be used sparingly and for the shortest period necessary. We are certainly not driven by any ideological motives, as was alleged at the beginning of the debate.

We take the welfare of detainees very seriously. That is why in February 2015, the then Home Secretary commissioned Stephen Shaw to carry out an independent review of the welfare of vulnerable people in the detention system. Mr Shaw’s report was published in January 2016, alongside the Government’s response. In our response, we accepted the broad thrust of Mr Shaw’s recommendations and set out three key reforms. First, a new ‘adults at risk’ concept was introduced into decision making around detention, with a clear presumption that vulnerable people at risk of particular harm should not be detained, building on the existing framework. The second reform was the detailed mental health needs assessment in immigration removal centres, along with a joint mental health action plan developed with the Department of Health and the NHS. Although the action plan applies to England, we will work with colleagues in Scotland and Northern Ireland to share information and best practice on the provision of mental health services in the immigration detention estate. The final reform was a new approach to the case management of those detained.

Taking those reforms in reverse order, work has been ongoing to design a more effective case management process to replace the existing procedure for reviewing detention. Case progression plans take a more proactive approach to the monitoring and review of ongoing detention, with a focus on removal or, if appropriate, release. They are being piloted across the Home Office, and the pilot will then be subject to evaluation. As well as introducing case progression plans for individual detainees in February 2017, we also introduced case progression panels, which provide an increased level of oversight of cases within the detention estate. Although internal, the panels operate independently of the officials working on detention operations and aim to reduce the number of long-term detainees.

Turning to mental health, the Government published a joint Department of Health, NHS and Home Office mental health action plan on 1 December. The plan will improve our understanding of detainees’ mental healthcare needs so that the right interventions are available and we can manage effectively the removal of such individuals from the UK, or their transfer within the detention estate or back into the community. In addition, a more detailed mental health needs assessment will be carried out in immigration removal centres, using the expertise of the Centre for Mental Health. That was published on 9 January 2017. NHS commissioners will use that assessment to consider and revisit current provision to ensure that healthcare needs are being met appropriately.

I will expand a little on mental health, which was raised during the debate. Detainees are seen by healthcare staff within two hours of arrival and often have an appointment with a medical practitioner within 24 hours. Clinical pathways into other healthcare services, such as mental healthcare services, are initiated at that point, depending on the outcomes of the reception scheme. We take health needs seriously, particularly mental health.

The final element of the Government’s response to Stephen Shaw’s review was the new “Adults at risk in immigration detention” policy, which was implemented on 12 September 2016. The policy recognises the dynamic nature of vulnerability and strengthens the existing presumption against the detention of those who are particularly vulnerable to harm. The intention is that fewer vulnerable people will be detained and that, where detention is necessary, it will be for a shorter time. The adults at risk policy is based on a case-by-case assessment of the appropriateness of detention, based on the nature and evidence of vulnerability available in each individual’s case. That evidence of vulnerability is assessed against any immigration control factors that apply in the individual’s case, such as the likely speed of removal and any public protection concerns. That is particularly important where we have foreign national offenders.

Individuals are detained only if the immigration considerations in their case outweigh the vulnerability considerations. The policy recognises a broader range of individuals as vulnerable than the previous policy, and we expect the policy to have the greatest impact in the cases of individuals who are most at risk, including—we heard some of these examples during the debate—victims of sexual or gender-based violence such as FGM, transsexual individuals, individuals suffering from learning difficulties and individuals suffering from post-traumatic stress disorder. All those groups are explicitly regarded as vulnerable in the context of the policy, in line with Mr Shaw’s recommendations.

The adults at risk policy has a statutory basis by virtue of the Immigration Act 2016. It is worth noting that through that Act we have placed a 72-hour time limit on the detention of pregnant women for removal or deportation. With ministerial authorisation, that can be extended up to an absolute maximum of one week in total. We also made it clear in the Act that pregnant women would be detained only if they could be removed from the UK shortly or if there were exceptional circumstances that justified the detention. In addition, we have placed a duty on those making detention decisions in respect of pregnant women to have regard to the woman’s welfare. We have asked Stephen Shaw to carry out a follow-up review later this year to assess the implementation of all the recommendations from his previous report.

Equally important to our strategy for detention is the need to keep our detention estate under constant review to ensure that we have the right resources in the right places and that we are providing value for money. The announcement of our intention to close Dungavel immigration removal centre was part of our wider estate planning. The closure was, however, dependent on the opening of a new short-term holding facility in Scotland. It was disappointing therefore that the planning application for that facility near Glasgow airport was rejected by Renfrewshire Council. Dungavel will therefore remain open for the foreseeable future, and we will continue to work with the centre service provider to ensure that Dungavel continues to receive positive reports from Her Majesty’s chief inspector of prisons.

One of the points raised in the debate was the protection of vulnerable families. The Government ended the routine detention of children for immigration purposes in 2010 by fundamentally changing the system to ensure that the welfare of the child was at the heart of every decision we made. That will remain the case at the new pre-departure accommodation. Pre-departure accommodation remains an essential component of the family returns process. The decision to accommodate families at a PDA is taken only after they have exhausted all legal challenges to their departure and have refused to comply with other options for return, and only after advice has been obtained from the independent family returns panel. Children with families can be accommodated for 72 hours prior to departure and no longer, without my personal authorisation.

A number of Members made the allegation that we are not doing better and are slipping backwards. I reassure Members that the Home Secretary and I are personally committed to ensuring that every individual in detention is treated with dignity and detained for the minimum time possible. The welfare of vulnerable people is particularly important to me, and Members can be assured that I am determined to see through the reforms started by my predecessors. I have invited Mr Shaw to return and review his policy and the work later in the year.

One particular point was made about the victims of trafficking. Home Office staff working in all immigration removal centres, including Yarl’s Wood, have been trained as first responders to identify signs that individuals may be victims of trafficking or slavery. Where an individual is identified as a potential victim, they are referred to the national referral mechanism for assessment. If the NRM takes a positive decision that there are reasonable grounds, the individual will normally be granted temporary release for a 45-day recovery and reflection period, unless detention has been maintained on the grounds of public order.

In conclusion, I hope that I have expressed the seriousness with which the Government take the welfare of those detained. The measures we have put in place, including the adults at risk policy, the statutory protections for pregnant women, the improvements to the approach to caseworking and the mental health action plan, represent a comprehensive package of safeguards for all vulnerable people in the immigration system who are detained or who are liable to detention, especially the most vulnerable.

Scotland: Demography and Devolution

Robert Goodwill Excerpts

Thursday 9th March 2017 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

It might not have crossed the hon. Gentleman’s mind, but employers considering where to locate might look at the rate of income tax for their new investment.

[Pete Wishart]

I am grateful to the Minister. I suggest that although that argument is always convenient, the evidence for it is flimsy, verging on non-existent. Nobody has presented us with anything to support that view.

Yes, income tax is a feature and a factor when it comes to the suite of taxation that people have to pay, but it is just one part of it. England, for example, has higher rates of council tax and higher house prices. We have free education for our young people and free prescriptions. Taxation comes in many forms. The ludicrous suggestion that Scotland is uniquely the highest-taxed part of the United Kingdom does not bear any scrutiny at all. To suggest that it disincentivises people from coming to Scotland is beyond absurd and almost ridiculous. What changes people’s decision whether to come to a nation is powers over immigration and the ability to incentivise people to come through means such as a post-study work scheme, available jobs and a growing economy, and a growing economy needs a healthy working-age population. Those are the very factors we have considered and tried to address in our report.

Emigration from Scotland is an issue. Scotland is still an emigrant country; it is a feature that has characterised our nation throughout the centuries, and we are still losing far too many young people rather than retaining them. The Scottish Government have put in place a number of measures to hold on to young people in Scotland, and we wish them well in those endeavours, but as long as we remain a dependent nation within the United Kingdom, there will always be other attractions, particularly in huge centres such as London. We cannot build that capacity to retain people in our capital and other cities, so for as long as we remain a dependent nation, it will probably always be likely that our young people will be attracted to the bright lights of London. For example, when my son finished at Glasgow University, he came down here to look for work opportunities that he could not find in Scotland, because we have not been able to put in the resources there to develop our economy and give our young people those chances. As long as we remain part of the United Kingdom, I believe that we will always have difficulties.

--- Later in debate ---

[Pete Wishart]

It was not within the scope of our inquiry to look at such solutions; we just wanted to get a snapshot of the quality of Scotland’s population growth and some of the demographic issues, and to suggest ways in which they could be addressed—but the hon. Gentleman is right about what the Government say. They say it all the time, but they are totally ignoring the fact that other nations throughout the world are able to manage sub-national immigration policies quite successfully, particularly Canada and Australia, whose policies work perfectly well and have none of the impacts that the hon. Gentleman mentions.

There is another solution, which has just come on the table in the last year. As a result of the Scotland Act 2016, there is now a Scottish rate of income tax set by the Scottish Parliament. We now know where Scottish income tax payers are resident, so if there is any breach, we know where they are. If someone came to Scotland from Krakow or Budapest, for example, with the sole intention of abusing the job opportunities we gave them by then disappearing to London, they would immediately disappear into a black market. They would not be able to work because they would be officially resident in Scotland. Why on earth would somebody want to disappear from a legitimate market, in which they have every opportunity to find a job and contribute to the economy, and go to a black market, in which they will be pursued relentlessly by the Minister’s Home Office team? That is my answer to the hon. Gentleman’s question, but it was a good question and I am pretty certain that we will hear more on it from the Minister.

[Mr Goodwill]

indicated assent.

[Pete Wishart]

The Minister is giving me a thumbs up, so we can expect him to address the matter in his reply.

I will finish my speech because I know that other hon. Members want to speak. We will always be fighting a losing battle if we cannot grow our population through immigration. Our report calls for the Government to give us a chance, give us a break, and consider devolving some immigration powers to Scotland to let us grow our population. If the Minister and the UK Government do not do so, they will be holding Scotland’s hands behind its back, because the population gap between us and the rest of the United Kingdom will have massive implications for our economy and our ability to provide proper social services in Scotland. Population and demographic issues will be central to social planning, healthy economic outcomes and growth over the next decade, but Scotland has a UK-wide immigration policy designed by the Minister and his colleagues that practically works against our vital national interests. If there is one thing that the Government can do to help us to address those issues, it is to give us the levers to address them.

--- Later in debate ---

[Brendan O'Hara]

I take on board what the hon. Gentleman is saying, but I think there are two strands to it. In Argyll and Bute, we need to keep our young people and attract young people back into the constituency. That is about physical connectivity, digital connectivity and making Argyll and Bute an attractive place for young people to come back to and to not leave in the first place, but that in itself will not be enough. We have to be able to attract EU nationals and others to Argyll and Bute and make them stay. It is not an either/or situation; we should be able to keep our young folk and at the same time attract people into Argyll and Bute to live and work and to make it home.

Part of that is having a bespoke Scottish solution. If Australia, Canada and Switzerland can have immigration policies that differentiate between the different needs of the different parts of the country, surely there is no reason, other than political will, why that cannot happen here. Argyll and Bute Council’s plan for economic regeneration was predicated on it continuing to be able to attract EU nationals into the area. I am afraid to say that that plan seems to have been holed below the waterline since last June.

When I was first elected to this place almost two years ago, I came here knowing that I would fight austerity and oppose Trident renewal and that we would seek to deliver the vow in full, as was promised after the 2014 referendum. Never in my wildest dreams did I think that my colleagues and I would have to stand in this place to defend the right of the almost 200,000 EU nationals living in Scotland to remain in the country they have chosen to call home. I did not imagine a scenario where I would have to stand in this place and argue that 1,800 of my constituents—EU nationals in Argyll and Bute—should have the basic right to remain in the country in which they have chosen to settle, raise their family and contribute.

What have we become? How in the 21st century are we debating whether 1,800 of my constituents—mums, dads, husbands, wives, brothers, sisters, employers and employees—have to choose whether to stay or go? They are genuinely fearful for the future. I put it to the Minister that that is because the Government have chosen not to guarantee their future status within the United Kingdom. As my hon. Friend the Member for Dundee West (Chris Law) said, that policy, coupled with the Government’s immigration policy, is holding Scotland back.

In the past week, five families from my constituency have contacted me, all deeply concerned. Last weekend, Rita Windham-Wright, a Hungarian national living in Oban with her Scottish husband and children, informed me that because of the uncertainty, they were thinking of leaving Scotland. Celia Krezdorn from Helensburgh—she is a Swiss national married to a German, and she has brought her children up in Scotland—said she was deeply worried about what the future holds and what the lack of clarity will mean for her family. Jean Michel Voinot, a French national living in Lochgilphead with his wife and young children, asked, “Will my family be allowed to stay?”

On Wednesday, another Hungarian woman, Edit Makai, asked me whether it would be okay to take her child to meet her Hungarian grandmother in Budapest. She was worried they might have problems getting back into the country. Just yesterday, Josianne, a French national who has lived and worked in Rosneath for more than 20 years—she is a highly active member of the community —contacted me to say that she is fearful she may have to leave her home and her family post-Brexit. The Minister may well dismiss those cases, but he has to accept that those are the genuinely held fears of constituents who have approached me as their Member of Parliament asking questions that I would never have expected to have to answer.

[Mr Goodwill]

Does the hon. Gentleman think that Scottish or British people living elsewhere in Europe deserve similar assurances, or is he prepared to move ahead unilaterally to guarantee the rights of EU nationals living here without getting the same guarantees for the status of Scottish people living abroad?

[Brendan O'Hara]

I will come on to that point in just a moment, because it is a vital question, and I will answer it. As I was saying, those are the genuine concerns of real people, and I have to ask: what kind of Government know they are causing such fear and alarm, yet refuse to act on it? I raised many of those cases at Home Office questions on Monday, and I was told by the Home Secretary that it was up to me to reassure them of how valued they are. I have done that; I have written to every single EU national in my constituency telling them how valued they are, but it is not in my gift to make the problem go away. The only people who can give that cast-iron guarantee and reassurance are the Government, and sadly they have refused to do it—they have chosen not to do it.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I join everyone in wishing the hon. Member for Perth and North Perthshire (Pete Wishart) a very happy birthday. I am informed by my Parliamentary Private Secretary that the hon. Gentleman’s birthday is shared by our former colleague, David Willetts, famed for having one more brain than the rest of us.

I, too, want Scotland to continue to be a prosperous nation whose citizens are able to take full advantage of the opportunities available to them. I disagree with the Scottish National party in that I see Scotland’s future sustainability coming as part of the United Kingdom. We have heard several references to Brexit—I will come on to that issue—but, to be clear, for the time being the most important Union for Scotland is the one with England and the rest of the United Kingdom.

Being part of the UK single market presents tremendous social and economic opportunities for people and businesses in Scotland, as it does for us all throughout the UK. The lack of internal borders means absolute freedom for people and goods to move between Scotland and the rest of the UK, so there is a steady turnover of people moving to and from Scotland. The Scottish Government’s own global connections survey shows that the rest of the UK continues to be Scotland’s largest market for exports. Scotland’s exports to the rest of the UK are four times greater than those to the European Union.

I fully accept that Scotland needs immigration to continue to prosper, and I recognise the great contribution that generations of migrants from other parts of the UK and from beyond the UK have made to the socioeconomic wellbeing of Scotland. For our part, the UK Government remain committed to working with the Scottish Government on specific issues and on areas of common concern to harness the resources and talent available to encourage and support those who can contribute to the future vitality of our nation.

Migration is a reserved issue. We will, however, work closely with the Scottish Government as we develop future arrangements, and I welcome the recent publication of their paper “Scotland’s Place in Europe”, which has already been discussed at the joint ministerial committee on EU negotiations and is the subject of intense engagement between officials from both Administrations. The truth is this: people will migrate to Scotland if the conditions are right and there are good job opportunities.

The Scottish Government now have significant policy levers to shape and secure their economy. They have the power to make Scotland the most competitive part of the UK, and to encourage and support more people to move to Scotland from other parts of the UK, the EU or, indeed, the rest of the world. They have levers for economic development and support for enterprise, for education and workforce training, for health and social care, and for digital connectivity and transport.

In addition, the Scottish Parliament has recently taken on new tax-raising powers, which have the potential to be used to make Scotland more competitive and a more attractive place to live—or, potentially, the opposite. I do not agree with how such powers are being used at the moment, but that is a matter for the Scottish Government. That is what devolution is all about.

We have heard repeatedly about the needs of the Scottish economy. For non-EU migrants, there is already a Scotland-only shortage occupation list for tier 2 of the points-based system, which is specifically designed to reflect any skilled labour market needs that are peculiar to Scotland. The independent Migration Advisory Committee consults extensively with employers and other organisations in Scotland when recommending changes to the Scotland-only shortage occupation list.

For the most part, since its introduction in 2007, the Scottish list has matched the UK-wide shortage occupation list. I therefore ask the SNP, where is the evidence that Scotland has a different set of needs from the rest of the UK? However inconvenient it is for the SNP, the evidence shows that Scotland’s skills needs are largely aligned with those of the rest of the UK.

I have a question for those who deem the existing levels of migration in Scotland to be too low. Given the significant powers that the Scottish Government have at their disposal and the high levels of migration we continue to experience in the UK, why is Scotland not attracting a higher share of migrants than other parts of the UK?

[Deidre Brock]

Will the Minister go on to outline exactly why Canada and Australia can have differential immigration policies, but not Scotland?

[Mr Goodwill]

The evidence from the past about post-study opportunities is that large numbers of people participating in such schemes moved south to England. There is not evidence that those people would stay put. Where is the evidence to support the need for a differentiated migration policy for Scotland?

[Deidre Brock]

Will the Minister give way?

[Mr Goodwill]

I will make some progress, if I may. On post-study work visas, which I suspect are the issue to which the hon. Lady was referring, the Government’s position has been set out clearly in evidence to the Scottish Affairs Committee and in Parliament, most recently in a debate on the topic in this Chamber on 8 December. For the reasons I set out in that debate, the Government do not intend to reintroduce a general post-study work scheme for Scotland.

[Pete Wishart]

For clarity, will the Minister name one body or organisation, whether in Scotland or in the United Kingdom, that supports the UK Government position on a post-study work scheme? Everyone I know, everyone I speak to and everyone I have heard from wants one for Scotland. Will he name one organisation in Scotland that supports him on that?

--- Later in debate ---

[Mr Goodwill]

There are good opportunities for people who graduate in the UK to go on to graduate-level jobs, but we will not return to a situation in which people who get degrees here go into low-skilled occupations. That is not what the scheme should have been about. As I have noted, the United Kingdom has an excellent and competitive offer to international students, and there is no limit to the number of international graduates of UK universities who may move into skilled work.

The hon. Member for Perth and North Perthshire mentioned the tier 4 pilot. The four universities chosen for the pilot were selected objectively because they had the lowest visa refusal rate. There was no agenda to limit the universities involved to any particular part of the United Kingdom. If the pilot is successful, however, it will be rolled out more widely, including, potentially, to universities in Scotland.

The status of EU nationals living in Scotland and in the UK as a whole—the hon. Member for Dundee West (Chris Law) made a point about that—is an important issue for the Government. That is why the Prime Minister has made it one of her top 12 priorities for negotiation with the EU. There has, however, been no change to the rights and status of EU nationals in the UK, or of British citizens in the EU, as a result of the referendum. While the UK remains in the EU, EU nationals here and UK nationals in other EU countries continue to have the same rights and status, and are subject to the same residence requirements under EU law, as was the case before the referendum.

Incidentally, we welcome the most recently published figures showing a fall in net migration of about 50,000. It is interesting to note that the numbers of those coming from Romania and Bulgaria increased. Many of them would have been fruit-pickers and others so vital to our agricultural industry. It is encouraging that those numbers increased in the quarter after the Brexit vote.

As the Prime Minister said, it remains an important priority for the UK, and for many other member states, to resolve the challenge of the status of EU nationals as soon as possible. However, the fact remains that there also needs to be an agreement with the EU to ensure the fair treatment of British citizens living in other member states, including those from Scotland.

[Margaret Ferrier]

Why is the Minister so reticent about guaranteeing EU nationals leave to remain in the UK? Would that not be a sensible step? Let us take the first step, because we would probably then find that the 27 other EU member states followed, saying, “That’s great, you’re taking the first step to guarantee our nationals leave to remain, so we’ll do the same.” The reason we have the impasse is that the UK will not do that.

[Mr Goodwill]

With respect to the hon. Lady, it was not the UK Government that showed reticence; the other EU member states refused to engage in purposeful and fruitful negotiation ahead of the triggering of article 50. We were keen to get that item resolved as soon as possible. For probably the only time, on that point I will have to agree with the right hon. Member for Gordon (Alex Salmond) and take a leaf out of his book, because last week he confirmed that he did not think EU nationals’ status in the UK would be jeopardised.

I will now make one or two remarks in response to points made in the debate, but I will leave enough time for the hon. Member for Perth and North Perthshire, who initiated the debate, to make some comments at the end. The hon. Member for Dundee West talked about the permanent residency form. The form covers several different scenarios, not all of which will be relevant to a particular applicant. The average applicant does not need to complete anywhere near 85 pages—about 25 pages is the average. There is a new online application process, which is straightforward for applicants to use and means that they can complete the form in about 15 or 20 minutes. Indeed, the online form leapfrogs ahead if sections of it are irrelevant. We have introduced a system so that documents such as passports can be validated by local councils rather than having to be sent off as part of that process.

The hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) made a point about student numbers. I make it clear that we remain committed to attracting the brightest and best graduates to the UK. They help make our education system one of the best of the world and return to use that education for the benefit of their own country. I repeat that there is no limit on the number of international students who can come to the UK.

The hon. Member for Blaydon (Mr Anderson) referred to some of the points made during the referendum campaign. Indeed, I think he almost abused the intelligence of those who voted to leave the European Union. I respectfully point out that in the Gateshead borough, 58,529 people voted to leave the European Union and 44,492 voted to remain. In his area a clear majority of people wanted to leave the European Union. I for one—despite having been on the remain side—am pleased to follow the instructions given to me by the British people.

[Mr Anderson]

I am aware of the figures. Like the Minister, I was on the remain side. I was disappointed by the figures, but I am aware of the reality and I am working to make the best job of this. The problem with what the Government are doing is that the narrow aim of getting immigration down to 100,000 a year or less is the only thing driving their immigration policy, not the impact on the economy, on social services or on real people’s lives. That is what is insulting our intelligence, and the intelligence of the Scottish people.

[Mr Goodwill]

Immigration was a key part of the referendum debate. Where we can control numbers—those coming to the UK from outside the European Union—we have seen falls. The Brexit negotiations give us an opportunity to control the numbers that come in in a way we have not been able to before. However, we will be committed to the needs of the UK economy and ensuring that we get the best possible deal.

A number of colleagues talked about the post-study visa scheme—indeed, the hon. Gentleman mentioned it. We remain committed to attracting the brightest and best graduates to the UK. However, the post-study provisions we have in place must strike a careful balance between providing competitive options for the brightest graduates from around the globe and maintaining standards against the type of widespread abuse that was seen in the previous Government’s post-study work scheme. Such abuse undermined our work routes and damaged the reputation of our education system. The Government welcome international students who choose to study in Scotland and are pleased to note that visa applications from international students to study at Scottish universities have increased by 10% since 2010. The most recent figures, for the year ending June 2016, showed a continued year-on-year increase. With our current post-study provisions, the number of international students switching from tier 4 to tier 2 has increased. In 2015, about 6,000 international students switched from tier 4 to tier 2 from within the UK, up from about 5,500 grants in 2014 and about 4,000 in 2013. Unlike those on the former post-study work schemes, those students will all move into skilled employment with employers, who have appropriate sponsorship duties placed on them.

I will conclude to leave a few moments for the hon. Member for Perth and North Perthshire. As the Government continue to develop their negotiating strategy for leaving the EU, we will work closely with the Scottish Government and other devolved Administrations to get the best possible deal for all parts of the United Kingdom. We are considering the options for our future immigration system carefully. As part of that, it is important that we understand the impacts of different options on different sectors of the economy and the labour market around the UK.

Access to the UK’s single market presents tremendous social and economic opportunities for people and businesses in Scotland. The people of Scotland understood that when they were asked to vote in their own referendum. As I said earlier, I want Scotland to continue to be a prosperous nation, but I see Scotland’s future sustainability coming as part of the United Kingdom. I am grateful to the Scottish Affairs Committee for its work on this issue, and we will work closely with the Scottish Government as we move forward.

Oral Answers to Questions

Robert Goodwill Excerpts

Monday 6th March 2017 Commons Chamber

[Alex Cunningham (Stockton North) (Lab)]

7. What discussions she has had with local authorities on their capacity to support unaccompanied refugee and asylum-seeking children.

[The Minister for Immigration (Mr Robert Goodwill)]

The Government undertook a comprehensive consultation with local authorities in order to assess their capacity to accept unaccompanied children. This consultation included 10 regional events in each part of England, and events in Scotland and Wales, which were attended by representatives of more than 400 local authorities.

[Alex Cunningham]

When the Calais camp was cleared last year, 550 of the 750 children who came to the UK did so under an accelerated process based on the family reunion criteria of the Dublin regulation, which has since been discontinued. How will the Minister ensure that refugees in Greece, France, and Italy, including unaccompanied children with family members in the UK, can be reunited with their families?

[Mr Goodwill]

The Dublin process works well and is well established. Indeed, a member of the Home Office staff is embedded in Athens, helping the process to work. Although we had a fast-track system during the Calais clearances, it is important that, first, we identify that the children are who they say they are and, secondly, that they can be properly cared for by the family they are placed with.

[Mr Peter Bone (Wellingborough) (Con)]

The Prime Minister did much to lead the campaign against human trafficking, and we are undoubtedly the best country in Europe at countering human traffickers, but I am still concerned about one area in which the traffickers operate: children who are given to local authorities and then re-trafficked. Will the Minister assure us that the Government are following up on children who have been placed in care to ensure that they are still in care?

[Mr Goodwill]

I pay tribute to my hon. Friend’s long campaign on this issue. He is right that it is a concern that children placed with local authorities may abscond due to traffickers wanting their pay day—for want of a better phrase. It is absolutely right that local authorities understand their responsibility to care for those children and to ensure that their safety is maintained.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister will have seen the Home Affairs Committee report, which is out today, that sets out the evidence we heard from charities and the Independent Anti-slavery Commissioner about the increased risk of child trafficking if the Dubs scheme closes, from councils about their extra capacity, and from the Local Government Association that thousands more places could be available if the right funding is in place. New clause 14 to the Children and Social Work Bill, which is before the House tomorrow, has cross-party support, so will the Minister agree to seek further evidence from the Independent Anti-slavery Commissioner and from local councils on their capacity, rather than rushing to close the Dubs scheme?

[Mr Goodwill]

I certainly look forward to appearing before the right hon. Lady’s Committee to give the Government’s side of the story. I do not recognise the figures that I saw, and I suspect that some of the methodology behind them will not bear too much scrutiny. If spaces are available with local authorities, it is important that they are made available for the national transfer scheme. Kent County Council, for example, has 400 surplus children over its normal capacity—Croydon is another—which makes things difficult.

[Lucy Frazer (South East Cambridgeshire) (Con)]

15. I am pleased that Cambridgeshire County Council has accepted people from the unaccompanied asylum seekers dispersal scheme and that Cambridge City Council, together with East Cambridgeshire and South Cambridgeshire District Councils, is welcoming 100 refugees. Does the Minister think that councils should do what they can and, more importantly, that we should properly welcome the people who come and integrate them into our communities?

[Mr Goodwill]

I pay tribute to local authorities such as Cambridgeshire that not only take in children under the national transfer scheme but make families welcome under our scheme for the 20,000 children and their families coming from the camps around Syria and the 3,000 children and their families from the wider middle east and north Africa area.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

On Holocaust Memorial Day, Michael Brown movingly described his experiences as a child refugee fleeing Nazi Germany in 1939 and advocated the need for Britain to be open to children from Europe fleeing atrocities today. Numerous local authorities, such as Ealing, Hammersmith, and even Hastings—the Home Secretary’s backyard—are willing to take more, so why are the Government pulling the plug on the world’s most vulnerable by closing the Dubs scheme?

[Mr Goodwill]

If any parallels are to be drawn between Nazi Germany and the situation nowadays, they would be in the situation in Syria, not in our European neighbours and partners. I point out for the record that of the 750 children we took from Calais under both Dubs and Dublin fewer than 10 were actually from Syria. We should concentrate on the children and their families most in need, and they are the ones in the refugee camps in the region.

[Mr Speaker]

I call Chris Stephens.

--- Later in debate ---

[Chris Stephens (Glasgow South West) (SNP)]

8. Whether she plans to review immigration rules for spouse visas.

[The Minister for Immigration (Mr Robert Goodwill)]

The Supreme Court has now endorsed our approach in setting a minimum income threshold for spouse visas to prevent burdens on the taxpayer and ensure that migrant families can integrate into our communities. That is central to building an immigration system that works in the national interest.

[Chris Stephens]

The Supreme Court has described the financial threshold that forces UK citizens to choose between their country and their family as being “particularly harsh.” Will the Minister put families and children ahead of the illogical and arbitrary net migration target, ditch the £18,600 threshold or, at the very least, consider the circumstances of those in low-paid employment?

[Mr Goodwill]

It is important that family life must not be established here at the taxpayer’s expense and that families are able to integrate. That is what our family immigration rules achieve, an approach that the Supreme Court has now endorsed.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Minister intend to use the same minimum income threshold for EU spouses as he currently uses for non-EU spouses?

[Mr Goodwill]

We have not even sat around the negotiation table, so that question is probably slightly premature.

[Rob Marris (Wolverhampton South West) (Lab)]

9. What discussions she has had with her French counterpart on another refugee camp forming in Calais.

[The Minister for Immigration (Mr Robert Goodwill)]

Both countries are alive to the risk of new camps forming in northern France and are continuing to work together to combat the criminal groups that facilitate people smuggling. The UK Government are contributing up to £36 million to support the situation in Calais and ensure that the camp remains closed in the long term.

[Rob Marris]

Many economic migrants dispersed from Calais refuse to apply for asylum in France, so they are not fingerprinted there: thus they can get smuggled to the UK and claim asylum here. Has the Minister urged upon the French authorities the desirability of all such individuals being fingerprinted in France and the records exchanged?

[Mr Goodwill]

The hon. Gentleman is absolutely right. The principle of first safe country is central to the asylum policy. If people are in France, they should claim asylum in France and have their fingerprints taken. We can then use those biometrics in the Dublin process to ensure that the people are dealt with properly. We certainly urge our French friends to ensure that that can be done, and we encourage asylum seekers in France to go through that process.

[Charlie Elphicke (Dover) (Con)]

I urge the Minister to do all he can to make sure that a new “jungle” does not form at Calais this year. It is not just about the humanitarian squalor to which 10,000 people were shamefully condemned. It is also essential that we stop the terrible pull factors that draw people on these terrible and dangerous journeys across Europe.

[Mr Goodwill]

The site of the former Calais camp remains clear and there is ongoing work, supported by UK funding, permanently to remove all former camp infrastructure and accommodation and to restore the site to its natural state. That work will help to prevent any re-establishment of squats or camps in the area.

[Mr Speaker]

I would not want those who use a “v” in the surname Stevens to feel disadvantaged by comparison with those who use the “ph” variant on the theme. I call Jo Stevens.

[Jo Stevens (Cardiff Central) (Lab)]

Thank you for the second opportunity, Mr Speaker. My constituent Bashir Naderi came to Cardiff as an unaccompanied child refugee aged 10. Two months ago, Bashir and I personally delivered to the Home Secretary my letter and a petition against his forced removal to Afghanistan signed by more than 14,000 people. I have had no acknowledgment from the Home Secretary, never mind a response to the letter or the petition. When will she reply to me?

[Mr Goodwill]

I certainly hear what the hon. Lady says. Of course we care for people who come here as children, but they would then normally make an asylum application when they reach the age of 17 and a half, which is dealt with in the usual way.

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

11. What steps she is taking to ensure that police and security services have the powers necessary to apprehend people planning terrorist attacks in the UK.

--- Later in debate ---

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

12. How many non-UK EU nationals have applied to regularise their status since the EU referendum took place; and what application fee is charged by her Department for such regularisation.

[The Minister for Immigration (Mr Robert Goodwill)]

The latest data show that in the two quarters following the referendum 136,479 applications for residence documentation were received from EU nationals and their family members, and the application fee for this documentation is £65.

[Chi Onwurah]

Three per cent. of Newcastle’s population are EU nationals, and be they in our hospitals, universities, restaurants or high-tech start-ups—or in our championship- topping football team—they are an integral part of our lives. Does the Minister realise how insecure they feel as bargaining chips, and how does he justify charging them for the privilege?

[Mr Goodwill]

I would certainly pay tribute to the contribution that EU nationals make in all spheres of life, not least football, but particularly in the health service and our public services. While they are here and we are members of the European Union, they can exercise their treaty rights. As the Home Secretary has said, we wish to sort this situation out as soon as possible, and of course we also need to recognise the status of UK nationals elsewhere in the EU, who deserve and want the same protections.

[Mr David Nuttall (Bury North) (Con)]

What procedures are in place to enable the Government to check that EU nationals have been here lawfully and continuously for five years?

[Mr Goodwill]

Many people will have documentation already available, for example, their national insurance or tax forms; they may appear on the electoral register. All sorts of documentation could be relevant in this case, but I must stress that nobody needs to get any additional documentation at this stage. We are absolutely happy that people continue making a contribution, and they should not be worried about their future here in the UK.

[Clive Efford (Eltham) (Lab)]

I have been contacted by constituents who are British citizens married to EU nationals. What compassion are the Government showing to those people by using their futures as a bargaining chip in our future European relations?

[Mr Goodwill]

I urge caution about describing these people as “bargaining chips”. It is absolutely right that we are keen early in the negotiations to secure the status of EU nationals living here, but at the same time we do need to ensure that British nationals living elsewhere in the European Union get that same protection.

[Kate Green (Stretford and Urmston) (Lab)]

Some EU nationals—for example, Roma or those from central Europe—find it particularly difficult to produce documentation, as they may have been in insecure employment, have ended up sleeping rough and so on. Following on from the Minister’s answer to the hon. Member for Bury North (Mr Nuttall), what can be done to ensure that those who have lived, worked and contributed here but who struggle to produce documentation will also receive a fair hearing?

[Mr Goodwill]

I stress again that there is no need for EU nationals who are living here and exercising their treaty rights to make any change in their status; there is no need for any further documentation. As we quickly get into the negotiations after triggering article 50, I hope that this will be resolved very quickly.

[Wes Streeting (Ilford North) (Lab)]

13. What recent assessment she has made of the adequacy of her Department’s funding for the Metropolitan police.

--- Later in debate ---

[Caroline Lucas (Brighton, Pavilion) (Green)]

14. If she will make it her policy to (a) end indefinite detention for immigration purposes and (b) introduce a maximum time limit of 28 days for such detention.

[The Minister for Immigration (Mr Robert Goodwill)]

Detention and removal are essential parts of an effective immigration control system, but it is vital that they are carried out with dignity and respect. When people are detained, it is for the minimum time possible. We take the welfare of detainees very seriously, which is why the Government commissioned Stephen Shaw to carry out an independent review of the welfare of vulnerable people in the detention system.

[Caroline Lucas]

Numerous reports suggest that the Government are using indefinite detention. I commend to the Minister a report by Women for Refugee Women that sets out practical alternatives to detention as a routine part of asylum policy. I would like to see the reality for myself, yet my application to visit Yarl’s Wood as a party leader appears to have been blocked. Can he tell me the status of my application, which was first made in November and has, I understand, been referred to his office? When can I expect to get clearance?

[Mr Goodwill]

We are still considering that suggestion. I know that the shadow Home Secretary would like to visit as well.

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab)]

indicated assent.

[Mr Goodwill]

We did wonder whether the Home Affairs Committee would like to take precedence on a visit of that sort, but if it does not want to go, we will certainly look into the matter more urgently.

[Mr David Burrowes (Enfield, Southgate) (Con)]

When will the current system of detention reviews be replaced by the individual removal assessments and reviews, and when will the plan for the future of the immigration and detention estate, promised by the Minister’s predecessor last year, be published?

[Mr Goodwill]

We seek to minimise the time for which people are kept in detention, and that is done for the purposes of removal. We have, of course, introduced a new adults at risk policy, which seeks to minimise the use of detention for those considered vulnerable.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

16. What steps she is taking to support refugees in the UK and other European countries.

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

18. What steps she is taking to support refugees in the UK and other European countries.

[The Minister for Immigration (Mr Robert Goodwill)]

The UK provides protection for refugees here, in accordance with our international obligations. The Government have established a £10 million refugee children fund for Europe, provided significant assistance via the European Asylum Support Office, and allocated up to £39 million to the humanitarian response in Greece.

[Stuart C. McDonald]

Why is it that only a solitary Home Office official in each of Greece and Italy is working on the Dubs and Dublin schemes? According to non-governmental organisations on the ground, the result is that the schemes are barely functioning there at all.

[Mr Goodwill]

We work very closely with our colleagues in France, Greece and Italy. We committed 115 staff into Greece, 75 of whom are already there, including one embedded member of the Home Office staff who is helping with Dublin applications in Athens. Of course, we also have our Border Force commitment in the Mediterranean, which ensures that we save people’s lives should they make that perilous journey across the Mediterranean.

[Margaret Ferrier]

Home Office guidelines recognise that lesbian, gay, bisexual and transgender refugees are at serious risk in Afghanistan, but also suggest that if the individual did not attract or seek to cause public outrage, they would avoid persecution, so could be returned. Will the Minister tell us why the Home Office has decided to depart from the UN guidelines on refugees?

[Mr Goodwill]

We aim to process all asylum claims sympathetically. Our staff are trained in interviewing asylum seekers who may have LGBT issues or, indeed, who may have converted to Christianity and find it difficult to express some of their feelings during those interviews.

[Ben Howlett (Bath) (Con)]

Bath and North East Somerset Council has one of the best relocation programmes for unaccompanied children and for refugees in the country. However, it is struggling to enable more to come to Bath and North East Somerset due to a range of different safeguarding risks. What more support can the Government give to councils such as Bath and North East Somerset that are really struggling on safeguarding issues? Perhaps I could meet the Minister to discuss those issues.

[Mr Goodwill]

We recognise the challenge that many local authorities face in dealing with some of these particularly vulnerable children, which is why we have increased the funding up to £40,000 for the under-16s, and to around £30,000 for 16 and 17-year-olds. I hope that will help them find the resourcing that they need to deal with those particular children.

[Kelly Tolhurst (Rochester and Strood) (Con)]

Kent continues to be on the frontline when it comes to unaccompanied asylum-seeking children arriving in the UK, with more than 3,000 arriving each year. Given the interest in the matter across the House, will the Minister outline what steps are being taken to ensure that local authorities across the country are helping counties such as Kent and sharing the burden of these children no matter how they have come into the UK?

[Mr Goodwill]

That is precisely why we have set up the national transfer scheme for local authorities such as Kent, which have 400 more children than the 0.07% allocation would indicate. It is also why we have encouraged local authorities that say that they have spare spaces to participate in that scheme and take the pressure off counties such as Kent and Croydon.

[Mr Speaker]

I call Graham Jones. Where is the fella? Well, the hon. Member for Cardiff North (Craig Williams) is here and he is waiting patiently, so let us hear from him.

--- Later in debate ---

[Carol Monaghan (Glasgow North West) (SNP)]

My constituent, Robert Makutsa, who is a well-known figure on the Scottish music scene, has now been in detention for 38 days, which is taking a brutal toll on his mental and physical health. I wrote to the Minister for Immigration on 16 January, but have yet to receive a response. Will he now meet me to discuss Robert’s ongoing detention?

[The Minister for Immigration (Mr Robert Goodwill)]

We do not, as a rule, comment on individual cases, but I would be more than happy to meet the hon. Lady as soon as possible.

[Mr Peter Bone (Wellingborough) (Con)]

Does the Secretary of State agree that looking after adult victims of human trafficking through the Salvation Army is the best system in Europe? Will she also confirm that the 45 days mentioned is the minimum period, not the maximum?

--- Later in debate ---

[Natalie McGarry (Glasgow East) (Ind)]

My constituent Mr Kreem was empowered by, and worked with, coalition forces in Iraq post the 2003 invasion to set up an academy to train security forces in Mosul. That work put his and his family’s lives in probable danger, particularly post the invasion of Mosul by Daesh. In 2014, the family claimed asylum, and they have still not heard back, despite numerous interventions by their previous MP with the ministerial team. Will the Secretary of State agree to meet me to discuss this special and urgent case?

[Mr Goodwill]

I would be more than happy to have such a meeting.

[Kate Green (Stretford and Urmston) (Lab)]

Trafford Council has already received 10 unaccompanied asylum-seeking children and is supporting two more. The council and the community are keen to support more such children in need, but they are finding it difficult to establish with the North West Regional Strategic Migration Partnership the exact numbers they can expect over coming months. Given the uncertainty local authorities face in planning to receive such vulnerable children, what assurances can the Home Secretary give?

--- Later in debate ---

[Mr Speaker]

The hon. Gentleman does not need to make it sound quite so furtive. It can be behind the Chair, but it could be in quite a large number of other places on the parliamentary estate, or in a ministerial office for that matter. There is nothing odd about it.

[Mr Goodwill]

Mr Speaker, it sounds like I am going to be quite busy having meetings with colleagues from the SNP, but I am more than happy to have that meeting as well.

[Several hon. Members rose—]

Torture and the Treatment of Asylum Claims

Robert Goodwill Excerpts

Thursday 2nd March 2017 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

I shall cover my hon. Friend’s points in more detail when I sum up, but I wanted to point out that just because an appeal or further legal process can overturn the original decision, it does not necessarily mean that that decision was made wrongly on the basis of the facts. It may be that new facts come to light, and the decision can be based on better available information.

[Dr Mathias]

I appreciate what the Minister says, but I have seen a handful of cases—confidentially, without the names—and, without being a specialist myself, have talked to one of the doctors involved with the charity. From the small number I have seen, the decisions have been overturned not because of extra evidence, but because the evidence presented to the first caseworker was not handled adequately. On appeal, the information given was found to give sufficient grounds for granting asylum. It is not my field, but I have some relevant background and have had some experience in different countries of the simple treatment of people returning to a community having been tortured, so I have a great deal of respect for the specialty. I cannot believe that without training a non-medical caseworker would be able to understand the medico-legal report with respect to the need for asylum. In the 21st century, a specialist is needed to diagnose the invisible mental scars.

I gave an example earlier of the torture of one prisoner of conscience. For me, even saying the words “mock execution of a family member” upsets me. However, if the Home Office is talking about using specialist caseworkers, it must watch out that the specialists do not become hardened by having to hear and read such material day in, day out. Again, there is a similarity to what happens in therapeutic counselling, in which I do have a background. There are models in other fields and professions. It is mandatory for therapeutic counsellors to have regular supervision to check their bias and their own mental health. I do not believe that the Home Office is giving sufficient weight to the needs of the Home Office caseworkers. The great thing is that we have the expertise. Freedom from Torture, a UK-based organisation, is one of the global leaders in the field. The training programme has already been agreed by the Home Office, but just not rolled out for all caseworkers.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I thank my hon. Friend the Member for Twickenham (Dr Mathias) for raising these important matters. It is a subject that she rightly says is a global issue, and one which, aside from the academic and clinical debates, has profound human consequences for individual survivors of torture. I am proud to share this Chamber with all colleagues who have spoken today, although I take exception to the use of the word “toxic” by the Scottish National party spokesperson when describing the Government’s policy; I certainly do not recognise that.

I will restate the Government’s position: torture is one of the most abhorrent violations of human rights and human dignity, and we unreservedly condemn its use as a matter of fundamental principle. The Prime Minister and the Leader of the House have made that point quite recently. The United Kingdom Government will continue to raise concerns about such flagrant abuses of human rights with relevant foreign Governments at every opportunity. I commend the work of organisations that support survivors of torture, and I believe our policy on handling asylum claims based on torture provides effective protection to those who need it.

All asylum claims lodged in the United Kingdom, including those involving claims of past torture, are carefully considered on their individual merits. Decision makers are fully aware of the importance of making the right decision and the consequences of refusing those who need protection. I assure hon. Members that such decisions are not taken without full consideration. Our published policy on considering asylum claims in which torture is raised and, in particular, when medical evidence is also provided is very clear and requires decision makers to approach such cases with sensitivity, to allow reasonable time for medical evidence relevant to the decision to be provided, and to carefully consider such evidence to reach an informed decision.

[Mr Gareth Thomas]

Is the Minister satisfied that all asylum caseworkers in the Home Office at the moment have received the full appropriate training for judging whether or not torture has occurred and therefore whether asylum should be granted?

[Mr Goodwill]

In an area such as this, one can never be satisfied, because that sounds like complacency. Indeed, staff development and training is something we constantly have under review. Some of the points made in this debate show that we do not always get it right. Tribute was paid, I think by the hon. Gentleman himself, to the staff who do this work. It is often a thankless task, and they do it with a degree of professionalism that we can all admire.

[Mr Thomas]

The Minister will be aware that I referenced a full-day training module that was rolled out to some asylum caseworkers, but not all, when the last asylum policy instruction was issued in 2014. Will he now instruct the relevant civil servant to ensure that all asylum caseworkers benefit from that full-day training module?

[Mr Goodwill]

I absolutely agree that it is important that staff get the relevant training. It is also important that staff with the most experience are directed to the cases where their experience can be most brought to bear. I will continue to engage with officials to ensure we are doing that as well as we can. I take this very seriously indeed.

When considering asylum claims made in the UK, it is absolutely right that we offer protection to those who face torture on return to their country. However, that does not mean that all survivors of past torture will automatically qualify for protection. An individual needs to show there is a real risk of serious harm or persecution on return to their country. In some cases, the situation in a country can become normalised and change. We welcome it when conflict finishes or particular situations are resolved in countries around the world.

I appreciate concerns about decision quality and how we consider medical evidence in practice, which was highlighted in the Freedom from Torture report published last year. However, I would point out that the sample of cases in that report represents less than 1% of all asylum decisions made last year, and some of the cases used are nearly three years old. That does not mean that I do not take those individual cases very seriously. I must stress that Home Office officials are committed to approaching cases involving allegations of torture with the utmost sensitivity.

My officials have also recently met Freedom from Torture representatives. While we believe the findings in the report are not representative of the wider asylum system, we are nevertheless taking steps to further improve the decision-making process. That will include forming a specialised team who will review and sign off all cases where a medical report is provided. We are also reviewing the training programme delivered to new decision makers. I can assure Members that we are committed to getting decisions right the first time and to working with expert organisations such as Freedom from Torture to ensure that survivors of torture get the support they need.

[Mr Alistair Carmichael]

I am pleased to hear about the engagement with Freedom from Torture, and I encourage the Minister to consider that. I think that Freedom from Torture acknowledged when it launched the report that it was a small sample of cases. Its finding that 76% of asylum cases involving torture were granted on appeal is something that the Minister’s Department should be able to confirm or contradict. Is he able to do so?

[Mr Goodwill]

I will see what stats we have on that. I am aware that where there are judicial reviews against us in such cases, we win virtually every one—I think the last figures I saw showed that we have lost 45 cases out of 18,000. It is not always the case that cases brought to us are successful.

The right hon. Member for Orkney and Shetland (Mr Carmichael) mentioned medical reports from specialists. We do not restrict who can provide a medical report for the purposes of submitting evidence in support of an asylum claim. There are accepted international legal standards, as set out in the Istanbul protocol, “Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, which applies to the documentation of torture. We believe it is appropriate that, as a minimum, those guidelines are followed in preparing reports.

All asylum decision makers receive extensive training on how to consider asylum claims. That includes vicarious trauma training for caseworkers, to guard against hardening. We are well aware of how people can become—dare I say—used to hearing stories such as these, which is really worrying. As previously highlighted, we are committed to continuous improvement.

Let me be clear: torture has no place anywhere in the world, and we must do all we can to stamp it out. The UK Government consistently raise concerns about the use of torture, enforced disappearances and alleged police abuses, and will continue to do so. I am sure Members will be aware that my hon. Friend the Under-Secretary of State for Foreign and Commonwealth Affairs, the Member for Bournemouth East (Mr Ellwood), regularly raises human rights concerns in his dealings with overseas Governments and officials.

My hon. Friend the Member for Twickenham raised the position of the Prime Minister. The Prime Minister’s position is clear: the UK stands firmly against the use of torture, cruel, inhuman or degrading treatment or punishment, and so-called enhanced interrogation techniques. In no circumstances would we consider approving a request from a foreign Government to conduct an extraordinary rendition through the UK or one of our overseas territories.

[Mr Gareth Thomas]

I appreciate the Minister giving way again. Does he accept that torture is still a significant problem in Sri Lanka?

[Mr Goodwill]

That question is probably better directed to the Foreign Office. I know that the situation is much improved in Sri Lanka, which we welcome, but the hon. Gentleman might have evidence that he wishes to make available to Foreign Office Ministers, so that they are aware of it. I am not fully briefed on the situation in Sri Lanka. I know things are improving, which is good news, but from the points he has made, we know there is still some way to go.

We must support those in need of protection to claim asylum in the first safe country they reach. That is the fastest route to safety. International obligations under the refugee convention do not require us to consider claims made outside the UK, but we continue to support refugees in-region through our substantial aid contributions and resettlement schemes.

I will say a few words about the background of our “adults at risk” policy. The adults at risk in immigration detention policy came into force on 12 September and was accompanied by detailed caseworker guidance, following the laying of statutory guidance in Parliament. The policy is based on balancing the risk of considerations against immigration factors and on detaining vulnerable individuals only when the immigration factors outweigh the immigration considerations in any given case. It is part of the Government’s response to Stephen Shaw’s review of the welfare of vulnerable people in detention.

Measures put in place under the Immigration Act 2016, along with a new policy on adults at risk in detention and other improvements to casework processes, represent a comprehensive package of safeguards for all vulnerable detainees in the immigration system, including pregnant women. Those measures have been developed in response to Stephen Shaw’s independent review of detainee welfare. Indeed, I have made a point of visiting some of our immigration removal centres to see the conditions there. I am well aware that many people associate detention with the torture they have had inflicted upon them, and therefore there is a concern that people will see detention as bringing back the terrible experiences they have had.

[Dr Huq]

The shadow Home Secretary apparently has repeatedly asked since November to visit Yarl’s Wood and has had no response. That may not have come across the Minister’s desk, but will he look into it for her?

[Mr Goodwill]

Certainly. We get a number of requests. I know there has also been some discussion with the Home Affairs Committee, and we are particularly keen to prioritise that visit if we can, because it is important that the Committee sees that as part of its work. However, I will look at that request and see what we can do to accelerate it.

I want to make it absolutely clear that where people are detained, it is for the minimum time possible. The dignity and welfare of those in our care is of the utmost importance. I would like to leave a few minutes for my hon. Friend the Member for Twickenham to sum up, so I will make a final comment. We are clear that the claims of those who seek asylum in the UK will be carefully considered by well-trained and conscientious decision makers, who are expected to take into account all available evidence to reach an informed decision.

[Margaret Ferrier]

I would like to repeat the question I asked earlier about the number of asylum claims involving torture allegations. There is no log of that at the moment. Will the Minister give a clear guarantee that he will look at that and put in place a log, so that we know how many asylum claims involve torture allegations?

[Mr Goodwill]

Interestingly, I have asked the same question myself, and the answer is not quite as simple as it may seem, because in some cases multiple reasons are given for an asylum claim, and in other cases in which asylum has been refused on one ground, a new ground has then been put forward. Sometimes the figures are not quite as easily come to as perhaps we would like. I will certainly see what I can do, but I have been asking the same question myself and have been told, “It isn’t as simple, Minister, as you would like to think.” There are often quite complex cases involving a number of different reasons that may have been submitted at different times during the legal process.

[Mr Alistair Carmichael]

I sense that the Minister is perhaps trying to get to his peroration, but if I may, I shall take advantage of the time remaining. In the course of my remarks, I referred to the Belhaj case. I am mindful of all the strictures on that, but does the Minister agree that it is in the national interest now, given the judgment of the Supreme Court, that we have an early resolution of it?

[Mr Goodwill]

I am always very cautious about commenting on specific cases. The right hon. Gentleman is smiling, probably because he is getting the answer that he expected, but he has certainly raised the issue, and it is particularly important that we ensure that all the legal processes that we are involved in are conducted in the best interests of the taxpayer and the best interests of those who are vulnerable and need our support.

We are clear, as we make these informed decisions, that those who would face torture if returned will be granted protection here in the UK. I believe that our current policy delivers on these important goals: it supports those genuinely in need of protection in the UK because they are at risk of torture if returned, and it is absolutely consistent with our international obligations.

[Dr Mathias]

I thank everyone who has taken part for such a wide-ranging discussion. I appreciate every single contribution.

I express particular thanks to the Minister for his sensitivity and clarity. I note that, on behalf of the Government, he unreservedly condemns the use of torture. I am very grateful to him for being clear about not using even British overseas territories for rendition. I am sure that we will get equally clear statements from the Government about complicity.

The Minister said that the published policy was clear. I hope that he will take back to the Department the information from all hon. Members present that we feel that, in practice, it is lacking. That is a cross-party message. I applaud the fact that the Minister will continue to engage with officials and that he is concerned about the quality of decision making. I reiterate what was said by other hon. Members and, in particular, the point made by the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) that we need an audit. We need quality assurance in the Department, and an audit.

[Mr Goodwill]

I would not go so far as to say I was concerned. I was just making the point that there is always room for improvement in this type of process.

[Dr Mathias]

I appreciate the Minister’s clarity and I urge the Home Office to do a proper audit of asylum claims in which torture is involved or suspected. I am glad that the Minister acknowledges the issue of case hardening, but a strategy needs to be in place. There was mention of claims made outside the UK. The point is that we can be a global leader. We might be able to send our experts and, hopefully, Home Office caseworkers; if they improve their expertise, we can then also guide other countries.

I pay credit to the hon. Member for Harrow West (Mr Thomas), who expressed concern for constituents with a background in Sri Lanka, which is still of exceptional concern. Unfortunately, I do not believe that we have heard today that the full day’s training has been rolled out; that does not appear to be the case.

I appreciate the words of my hon. and gallant Friend the Member for Tonbridge and Malling (Tom Tugendhat). I absolutely agree that the right to be free from the experience of torture is an unqualified right; indeed, it is an inalienable, non-derogable right. The point was very well made that we realise in this country that torture actually makes us more vulnerable.

I do not know how serious the right hon. Member for Orkney and Shetland (Mr Carmichael) was, but I think it was a good point that on every desk in the Home Office and Foreign Office should be the words: “We do not sanction torture and are not involved in it”. I agree with him on that. He raised a very important point about the ethics of, and clarity about, sharing intelligence with countries that practise torture. I think that shows that we need more time for this debate—I am sure that the Backbench Business Committee will take note of that today. Again, we need auditing; we need statistics.

As the hon. Member for Ealing Central and Acton (Dr Huq) said, Foreign Office statements should be clear. I do have some disagreements with the hon. Lady. I do not believe that we should be lecturing the rest of the world; I believe we should be engaging with them and leading. I have really valued the cross-party tone of the debate and I value the Minister’s sensitivity. I am sorry, because I have a lot of respect for the hon. Member for Ealing Central and Acton, but on these policy matters, I do not believe that we will be successful, as a House of Commons, by trying to exacerbate any divisions. Apart from that contribution, I think we have power in this debate.

My final point is to show how the UK leads in this world where torture exists. We beat torture by rehabilitating people and making them full members of our community. I pay respect to those in the Public Gallery. You will not be able to know which one of those people has been tortured, because they are a full member of, and contributing valuably to, our community.

Question put and agreed to.

Resolved,

That this House has considered UK policy on torture and the treatment of asylum claims.

Draft Immigration and Nationality (Fees) (Amendment) Order 2017

Robert Goodwill Excerpts

Monday 27th February 2017 General Committees

[The Minister for Immigration (Mr Robert Goodwill)]

I beg to move,

That the Committee has considered the draft Immigration and Nationality (Fees) (Amendment) Order 2017.

I apologise at the outset for the rather dull nature of today’s debate. I generally do dull quite well all on my own, but today I will not even have to try very hard.

The draft order will make minor technical changes to the Immigration and Nationality (Fees) Order 2016, which remains in place and which continues to set out the overall framework and maximum amounts that can be charged for immigration and nationality functions, as agreed by Parliament last year. The draft order does not itself set fees; those are set by regulations that are updated annually. The regulations for the 2017-18 fees are due to be laid before Parliament in March.

The technical changes made by the draft order include express provision for the Secretary of State to charge for an approval letter in respect of applications for entry clearance to the Isle of Man as a tier 1—exceptional talent—migrant, and amendments to bring fees for entry clearance to the Channel Islands within the scope of the 2016 order. This change is being made following the extension of provision in the Immigration Act 2014 to those jurisdictions by way of Orders in Council, the effect of which is to enable the Secretary of State to set fees in relation to them. It will ensure that the scope of the charges set under the 2014 Act for above-basic Border Force officer services, such as attendance at premium airport lounges or port-owned fast-track services, is broadened to meet future demands, for example to cover above-basic services provided at sea.

The draft order will also permit a charge to be set for providing information, in addition to the current services, which involve providing advice, training and assistance. We consider that that change will better reflect the nature of the information and services provided. It will not affect the Home Office’s basic status checking services, for example those provided to employers or landlords in the United Kingdom, which will continue to be provided free of charge; the in-country service, for example calls to employers’ or landlords’ helplines or the nationality helpline, which will continue to be charged at local rates; or the availability of information for sponsors and educators. The services provided in this category, in respect of which the draft order makes provision, relate to the international service only. Customers using these services are able to access more detailed information than that relating to the basic operation of the service, which is available online. There is a standard free-to-use service available on the gov.uk website in all cases.

We are also changing the way in which the fees for certain information and advice are structured, adding scope for a fixed fee in addition to the per-minute fee currently provided for in the 2016 order. This is to accommodate likely changes to the overseas contact centre services, where a new service provider, which will assume responsibility for the service in May 2017, may offer and charge for web-chat and email services in the future. The proposed maximum amount that can be charged for these new services is based on the per-minute rate set out in the 2016 order. There are no plans to increase the per-minute fee charged for accessing telephone services overseas under the new contractual arrangements.

Finally, the draft order will also update the description of an electronic visa waiver so that it accurately matches the process and policy intent, as set out in the immigration rules. This service enables visitors from Oman, Kuwait, the United Arab Emirates and Qatar to travel to the UK without a visa.

I emphasise that we do not seek to change the overarching framework for immigration and nationality fees or the maximum fee levels that were agreed by Parliament and set out in the 2016 order. As I mentioned, the immigration fees regulations, which are due to be laid in Parliament in mid-March and will come into force in April, will remain completely within the parameters agreed by Parliament and in line with the impact assessment published with the 2016 order.

It is important that we strike a balance between the economic interests of the UK and the need to maintain a sound immigration system. I hope that right hon. and hon. Members will be reassured that the Government will ensure that fees for immigration and nationality services enable the UK to retain its position as an attractive destination for work, study and visits. I commend the draft order to the Committee.