Calais Children and Immigration Act

Robert Goodwill Excerpts

Wednesday 16th November 2016 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on the Calais children and the guidance document published by her Department for section 67 of the Immigration Act 2016.

[The Minister for Immigration (Mr Robert Goodwill)]

The Home Secretary updated the House on 24 October on how the Government were supporting the French authorities in the humanitarian operation to clear the camp in Calais. That statement outlined the Government’s absolute commitment to bring eligible children from France to the UK. That included those with close family links under the Dublin regulations and those unaccompanied refugee children who met the wider criteria of the Dubs amendment to the 2016 Act. These children are the very youngest, those assessed as being at a high risk of sexual exploitation, and those likely to be granted refugee status in the UK. On Monday, my Department published further details of the policy, including our intention to prioritise the youngest.

We remain absolutely committed to bringing all eligible children to the UK as soon as possible. More than 300 children have been transferred from France since 10 October. Transfers were resumed over the weekend, and another 19 girls assessed as being at high risk of sexual exploitation were brought to Scotland. It is important to note that all the children previously in the camp in Calais are now in the care of the French authorities. Staff from the UK supported the French operation to move the children from the container area in the camp to specialist centres across France, where they are receiving the care and protection they need.

Home Office staff, interpreters and social workers are currently visiting the centres to carry out the necessary assessments to determine whether it is in the best interests of the child to be transferred to the UK. The Government have continued to seek every opportunity to expedite this process, but as has previously been made clear we must work alongside the French and with their permission. I am grateful for the support of the local authorities that have stepped forward to accommodate the children and look forward to continuing to work closely with those authorities to ensure we do not place an unnecessary burden on them.

The Government are getting on with the job of bringing eligible children over to the UK, working closely with the French authorities to ensure that both Governments are working in the best interests of these children. I hope that the whole House will join me in supporting that.

[Tom Brake]

The chaotic demolition of the Calais camp, which abandoned some children on the street, leaves upwards of 1,000 children in basic and temporary care facilities in France. In the days running up to the demolition, the Home Secretary made statements that pointed to the UK offering a home for up to half of the children in the camp. It is unclear how that will be achieved given the criteria in the guidance document, so I hope that in answering my questions the Government will be able to explain how that will be done.

What progress has the Home Secretary and her Department made with local authorities on agreeing the number of vulnerable children the UK will take from Calais and other European camps? Will the guidance and the criteria apply to other European countries, such as Italy and Greece? When will the criteria for those countries be produced? Why has the Home Office limited one of the criteria to Sudanese and Syrian unaccompanied children? Why are Eritrean children excluded? Can the Minister explain why they have chosen to exclude 16 and 17-year-old children from the eligibility criteria in Calais given the universal recognition that they are still children and still vulnerable? Given the Government’s commitment to tackling modern slavery and exploitation at home and across the globe, will the Minister clarify why the vulnerability of these child victims is not included in the “at risk” criteria? Finally, what guarantees can the Minister give that the children who will eventually be allowed into the UK will not be deported on reaching the age of 18?

This House agreed to the Dubs amendment and our Government must now set out how they are going to honour its letter and spirit.

[Mr Goodwill]

It was absolutely right that, during the final days of the camp clearance, there was a pause. As the right hon. Gentleman said, there were some chaotic scenes, but they were not as chaotic as some of the scenarios that we had planned for, including violence, possible injury and even death, during that clearance. Now that the children have been transported to the reception centres—or welcome centres as the French call them—around the country, we can now assess them under the criteria of the Dubs amendment. More than 300 children have already been transferred to the UK, and we expect several hundred more to be transferred under both the Dubs amendment and the Dublin regulations.

The right hon. Gentleman talks about the numbers. Under the Dublin regulations, there is no limit on numbers—if the children meet the criterion of having family here, they will be brought across. That applies not just to France, but to Italy, where we have Home Office people working, and to Greece, where things are slightly more difficult, but where we hope to make progress.

The right hon. Gentleman talks about the Syrians and the Sudanese. It is absolutely important that the children we bring across are those who are more likely to qualify for asylum. He mentioned the Eritreans. I know that there are particular issues with Eritrea—I have been taking an interest in that country, particularly in the open-ended nature of the national service there—but we did update our country guidance in October to reflect the court judgment. The threshold that we have put in place is based on overall grant rates for the year ending June 2016, and the nationalities that have a grant rate of 75% or higher are the Sudanese and the Syrians. Yes, he is absolutely right that when children arrive in the UK they should claim asylum, and they will be processed in the usual way.

[Sir Edward Leigh (Gainsborough) (Con)]

What is the average age of the children?

[Mr Goodwill]

The demographics of the children in the camp are that 90% were male and 60% of them were in the age group of 16 and above. We are determined to assess the most vulnerable children, as they are the ones whom the Dubs amendment suggests that we assess. That includes those who are 12 and under; those who are 15 and below whose nationalities are likely to qualify them for refugee status; and those at high risk of sexual exploitation, including particularly the girls who could be trafficked.

[Carolyn Harris (Swansea East) (Lab)]

The qualifying eligibility criteria for children from Calais are a disgrace. The children have to meet one of the following criteria: they are aged under 12; they have been referred by the French authorities as being at high risk of sexual exploitation; they are aged under 15 and are Syrian or Sudanese; and they are aged under 18 and the sibling of a child in one of the former categories. They must also all meet the following criteria: it must be in the best interests of the child; they must have been in Calais on or before 24 October 2016; and they must have been in Europe before 20 March 2016. The criteria are a disgrace, and are certainly not in the spirit of the Dubs amendment.

On the basis of the criteria, it seems that any child at medium or moderate risk of sexual exploitation is on their own. A child is a child until the age of 18, and it is wrong to restrict children’s right to transfer based on their age. It is not clear what the basis or authority for determining the additional criteria are, or whether there is any appeals procedure.

The arbitrary dates mean that children who came to Europe after 20 March are on their own, whatever their age, and that children who came to Europe after 24 October are on their own. Children are at risk of all kinds of exploitation, including trafficking, forced labour and modern slavery, but this Government do not care. [Interruption.] If Members are not comfortable with what I am saying, that is not my problem. Without a proper asylum process, we risk pushing children into taking dangerous journeys to the UK in order to get a fair hearing for their asylum claim. None of this meets the Dubs amendment, which is that any child who would benefit from asylum in the UK should be granted it—up to 3,000 children. Will the Government now meet the full demands of section 67 of the Immigration Act 2016 as voted for in this House?

[Mr Goodwill]

The hon. Lady has gone completely over the top. I am proud that the United Kingdom is the second biggest donor in the region. I am proud that the United Kingdom has agreed to take 20,000 people from the region and an additional 3,000 people, including children from the wider area. I am proud of the work that we are doing and I am proud that we are meeting our obligations under the Dublin regulations and the Dubs amendment. If she reads the Dubs amendment, she will understand that the number we bring across should be able to be accommodated by our local authorities.

I have been working very closely with local authorities. I met representatives of the local authorities at their summit on 13 October and I spoke at their conference on 3 November. We are working very closely with them to ensure that the children we bring across can be accommodated, and, as I have said, 118 local authorities are doing that.

I remind the hon. Lady that the children we do not bring across are not in Syria, but in France, which is a civilised country with a developed social system. Those children are being well supported and well looked after in France. The children about whom I am most concerned are those who are still in Syria—they are the ones we are endeavouring to help.

The reason why we do not consider children who arrived in Europe after 20 March is, simply that we do not want to introduce a pull factor that will incentivise parents to pay people traffickers to help their children make that hazardous journey across the Sahara, across the Mediterranean and, in many cases, end in a watery grave. That is why that date has been chosen and why we do not want to do anything to introduce a pull factor that would increase the number of people drowning in the Mediterranean or the Aegean.

[Mrs Cheryl Gillan (Chesham and Amersham) (Con)]

Let me tell the hon. Member for Swansea East (Carolyn Harris) that I know that this Minister is absolutely committed to safeguarding and protecting unaccompanied refugee children.

I have constituents who have been working as volunteers in the Jungle, and they have contacted me—I have also contacted the Department about them—because they still have some concerns about the children who have been scattered across France. They are still in direct contact with those children by mobile phone. What would be the best way for my constituents to contact the Department to give real-time and up-to-date information about these vulnerable children who they believe have a right to come to the UK?

[Mr Goodwill]

First, let me pay tribute to the non-governmental organisations that have been working in France. I am talking about not only the French NGOs such as France terre d’asile, but British charities that have been working in the camp, giving the children much-needed help, and the United Nations High Commissioner for Refugees, which is one of our partner organisations working in France and the wider region. Anyone who is in contact with a child in France should tell them to apply for asylum in France. That child’s claim will be considered and they will be looked after in France. One problem that we faced during the Calais camp situation was that the people traffickers and the organised criminals were advising people not to apply for asylum. That is the wrong advice to give. It is important that they do apply for asylum in France, which is a safe country for them to be in.

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

The debates that we had in this House on the Dubs amendment were among the most passionate that I have seen since my election 18 months ago. How section 67 of the Immigration Act 2016 is now implemented is important to this House and deserves the greatest scrutiny. Surely the Government will agree to a proper debate in this Chamber on the content of the guidance that they have issued, because restrictions appearing in the guidance were certainly never contemplated during the Dubs debates.

My party shares the uneasiness about the exclusion of any children aged 16 and 17. Of course 16 and 17-year-olds can be, and are often, vulnerable. I ask the Minister is this a hard and fast rule, or will discretion be applied?

Similarly, we are very troubled with the restrictions on nationality. For example, the exclusion of Eritreans is utterly inappropriate given that Home Office decision making in this area has been torn to pieces in the tribunals. Surely, the grant rate will soon be back through the 75% threshold mentioned. Again, will some discretion be applied in this area? We share UNICEF’s concerns that eligibility is restricted to those

“at risk of sexual exploitation.”

I have not yet heard an explanation of why those at risk of trafficking, forced labour and modern slavery are not to be included as well. As the hon. Member for Swansea East (Carolyn Harris) said, this guidance relates to children in France. What input did the French Government have in setting these criteria, and when will we see guidance for other countries, especially Greece and Italy?

Finally, in relation to children and the Immigration Act, may I ask when the Secretary of State intends to extend the scope of the scheme for transferring responsibility for relevant children in order to include Scotland, under section 73 of the Immigration Act?

[Mr Goodwill]

May I suggest that the hon. Gentleman closely reads section 67, the Dubs amendment, as it makes it quite clear that it applies to refugee children? The reason why we are choosing these particular nationalities is that they are more likely to qualify for refugee status. He also talks about vulnerability. That is why we are addressing the issue of younger children. Indeed, we go further to make it clear that we must work with local authorities and, I am pleased to say, the devolved Governments around the country, to ensure that the capacity is there. This is all in the Dubs amendment, which is why we are discharging that amendment within not only the letter of the law, but the spirit as well.

[David T. C. Davies (Monmouth) (Con)]

In order to ensure that we are helping the most vulnerable children, can the Minister tell us whether those 300 who are coming over or have come over have undergone a proper age assessment and, if so, whether the results of that will be made available to Members of this House?

[Mr Goodwill]

The more than 300 children who have arrived since 10 October include 60 girls. Two hundred of those children would qualify under Dublin, of whom half have been reunited with family members here in the UK, and the other 100 would be Dubs children. Of the further children being transferred, a greater proportion will be Dubs children. When the children arrive at the assessment centre in Croydon or elsewhere, they will be assessed for age. There will have been an initial assessment based on appearance and demeanour, but if necessary a further age assessment can be undertaken using a Merton compliant process, a well-established process that social workers are used to using. Two social workers would have to refer a child for that process.

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

The Minister will know that I have supported him and the Home Secretary in the important work they have done to bring the first few hundred children over from Calais and from France, but not on this. I remember the debates on the Dubs amendment and we did not discuss ruling out 13-year-old or 14-year-old Eritreans on an arbitrary basis. If this was simply priority guidance because we were going to prioritise the youngest children, people would understand, but why is he basing this on strict eligibility rules? I urge him to think again, turn this back into priority guidance, not eligibility guidance, and tell the House how many children he now thinks are going to come from France, because the number sounds considerably lower than the previous numbers that he and I discussed.

[Mr Goodwill]

We certainly expect many hundreds more children to be brought across from France under the criteria that we have set out. I must repeat that the Dubs amendment specifically refers to refugee children. Many of the children who may currently be in France would not qualify for refugee status, which is why for the older children we have set that criterion. For the other children, the risk of sexual exploitation indicates that they are likely to be the most vulnerable, as are the youngest children. Again, the children that we are bringing across as part of the 20,000 from Syria are the most needy children, in my view.

[James Berry (Kingston and Surbiton) (Con)]

rose—

[James Berry]

Thank you, Mr Speaker. Will my hon. Friend congratulate Kingston Council on being the first council to call for every council to take 50 Syrian refugees and on already meeting its quota of vulnerable minors? Does not that compassionate attitude on the part of Kingston and other Conservative councils show how ill-judged and wrong the bombastic comments of the hon. Member for Swansea East (Carolyn Harris) were?

[Mr Goodwill]

I congratulate not only Conservative councils throughout the country but, to be fair, councils of all political affiliations that have stepped up to the mark. It is great that they understand their responsibility. There is potential in the legislation to mandate councils to take children. That has not been the case and I do not believe it will be. I am pleased that so many local authorities have entered into the spirit of this great humanitarian need and helped with children up and down the country.

[Diana Johnson (Kingston upon Hull North) (Lab)]

When this matter was last before the House, I asked the Home Secretary about reports that the number of Home Office officials who were dealing with bringing these children to the United Kingdom had been doubled from one to two. She was not able to tell me whether that was correct, so can the Minister say today how many Home Office officials are dealing with bringing these children to the United Kingdom?

[Mr Goodwill]

We have dozens of Home Office officials on station. On the buses that were taking the children from the camp in Calais to the reception centres there were two Home Office officials, supported by interpreters and social workers. We have stepped up the numbers that we have operating in Italy and Greece. We currently have 70 officials who have been allocated to Greece and 54 are already on station there.

[Charlie Elphicke (Dover) (Con)]

At the Dover and Kent frontline, our communities are looking after 750 unaccompanied asylum-seeking children—a quarter of the total. That is five times more than the whole of Scotland and 12 times more than the whole of Wales, while Wakefield is looking after just 22. Is it not time for either mandatory dispersal or more help for Kent?

[Mr Goodwill]

The national transfer scheme is working well. We have had 160 transfers. I do understand the pressure that Kent has been facing and I have met the leader of my hon. Friend’s county council to discuss that. In response to concerns from local government, we have increased the rates that we give for the children being looked after, in some cases by as much as 33%. Some councils have been very helpful in opening up their books. We believe now that the funding that we have made available is sufficient to cover their additional costs.

[Thangam Debbonaire (Bristol West) (Lab)]

I welcome the Minister’s statement that he wants to increase support for Syrian children in Syria. May I press him on that? What specifically does he intend to urge on his ministerial colleagues in other Departments? Will he be urging aid to be transported into the berm—the no man’s land between Syria and Jordan? Will he be urging the reopening of the border at Jarablus? What more will he be doing to make sure that aid gets to Syrians, who are so desperate?

[Mr Goodwill]

I was in Jordan last week, where I visited the Azraq refugee camp and met some of the people who had been transported from the berm. The Jordanian Government have concerns about some of the security aspects in the berm, particularly following the recent attack on their police forces. We continue to work with the Jordanians and others in the region to ensure that we can put people into a place of safety and, at the same time, maintain security. We have allocated £2.3 billion to assistance in the area, and I am proud of what we as a Government are doing as the second-biggest humanitarian donor in that region.

[Suella Fernandes (Fareham) (Con)]

Running through the Home Office guidance on the interpretation of section 67 is the legal test of the best interests of the children. Does my hon. Friend agree that in addition to that legal test, there is a wide-ranging assessment of the children, including their age, health needs, emotional needs, whether they have been victims of trafficking or trauma and any other family links? That is a reflection of the compassion and pragmatism that this Government are showing to these vulnerable children.

[Mr Goodwill]

My hon. Friend is absolutely right. The priority is to ensure that the best interests of the children are served. We need to demonstrate to the French authorities that, by bringing these children across to the UK, their best interests will be served. A number of criteria, including the ones that she mentioned, are taken into account.

[Mr Gregory Campbell (East Londonderry) (DUP)]

The Minister referred in his statement to the NGO work that was going on, particularly by volunteers, to help to resolve the issue. Have they reported to him any difficulty with the French authorities, as they try to ensure that children at risk are sheltered and helped as they try to make their way to the UK?

[Mr Goodwill]

I have not received any concerns about the facilities available in the 60 or so welcome centres that have been set up around France. Indeed, the conditions there are unbelievably better than the dreadful conditions that many people had to endure in the camps. I am pleased that in the interim, while these children’s cases are being looked at and while we assess them against the Dubs and the Dublin criteria, they are in a place of safety and are being well looked after.

[Nusrat Ghani (Wealden) (Con)]

Will my hon. Friend update the House on the lead that this Government are taking in tackling the vile trade of people trafficking?

[Mr Goodwill]

Yes, indeed. Much of that dreadful trade is fuelled by the fact that the people traffickers seem to have no regard for people’s safety. During the summer, I was in Nigeria talking to the authorities there, and they are very concerned about the way that people are putting their children’s lives at risk by putting them into the hands of people traffickers. If and when the children arrive in Europe, the nightmare continues, particularly when they are pressed into modern slavery, or even worse in the case of some of the girls.

[Robert Flello (Stoke-on-Trent South) (Lab)]

In the run-up to the closure of the so-called Jungle camp at Calais, there were reports of a thousand or more people disappearing from the camp and melting into the countryside. What work is the Minister doing with his counterparts in France to ensure that when the French authorities identify people who melted away from the Calais jungle and who have vulnerable children, they too can be included in this programme?

[Mr Goodwill]

I certainly received reports of some people leaving the camps as the clearance started. I also received reports of people coming back into the camps as they saw how that clearance was taking place. Indeed, some children who had been elsewhere in France arrived at the camps, hoping that they would be part of the scheme and could be relocated and considered under the Dubs and Dublin regulations. Unfortunately, those late arrivals were not considered in the same way. The advice that we always give to people is to claim asylum in the first safe country that they reach, and if not so, then to claim asylum in France, where they can be adequately processed.

[Pauline Latham (Mid Derbyshire) (Con)]

May I commend the Minister for the evidence he gave to the International Development Committee this week? Opposition parties might benefit from reading it, because he was very open and honest about what is happening. Will he confirm that any action taken by the Home Office in France must be approved by the French? Is it right that, until relatively recently, the French did not want Britain to take any children under the Dubs amendment for fear of creating a pull factor?

--- Later in debate ---

[Mr Goodwill]

I have to say that the French have been excellent partners in working through this. Of course, it was very difficult while the children were in the camp, and the clearance of the camp has been the opportunity we were all waiting for to make sure that those children who could be looked after and considered for relocation to the UK could be considered. I am full of admiration for the way that the French have worked with us in partnership, and I hope and feel sure that the children who are not coming to the UK will have a long and successful life in France, should their asylum claims be granted.

[Catherine West (Hornsey and Wood Green) (Lab)]

What provision is being made for counselling services for children who have experienced trauma and perhaps seen and experienced things that our own children have not?

[Mr Goodwill]

The hon. Lady is absolutely right: many of these children have experienced traumatic situations, not only perhaps in their host country, but certainly as part of their journey and their life in the camp. On 1 November, my hon. Friend the Minister for Vulnerable Children and Families and I issued a joint written ministerial statement on the safeguarding strategy for these children. The strategy includes a number of measures, including transfer procedures, safeguarding for family reunion, the information given to these children and revising the statutory guidance under the Dublin III arrangements. We will give regular updates to right hon. and hon. Members on how that is working out.

[Henry Smith (Crawley) (Con)]

Does my hon. Friend think it extraordinary that, for months, the Labour party has not had a shadow Immigration Minister?

[Mr Goodwill]

I think that Labour has had a number of problems in that regard, but I will not revisit those issues.

[Louise Haigh (Sheffield, Heeley) (Lab)]

As a proud city of sanctuary, Sheffield is doing everything it can to house these very vulnerable children, but it is being held up by Home Office incompetence around the central assessment process. Will the Minister ensure that funding is released urgently to all local authorities and that concerns around the central assessment process are addressed?

[Mr Goodwill]

We certainly have addressed the funding issues. As I pointed out, there have been considerable increases. For example, children under the age of 16 will receive a 20% increase—that is £114 a day. The 16 and 17-year-olds will receive £91 a day. That is in response to the concerns raised by local authorities about the funding we have given. We are working with the Local Government Association, and we are content that the funding is appropriate to the expenditure authorities are being asked to make.

[Jeremy Quin (Horsham) (Con)]

I was pleased to hear the Minister’s comments about the welcome centres in France. It cannot be in the interests of France, the UK or future refugees that the Calais Jungle and the dreadful conditions there get re-established. Does he believe that that can be prevented?

--- Later in debate ---

[Mr Goodwill]

Certainly, the French are absolutely determined that new camps will not spring up. As we saw, the conditions in the Jungle, and previously in Sangatte, are not ones that anybody should be expected to live in. The French do, I believe, have adequate resource to enable people who claim asylum to be looked after properly—particularly the children.

[Andy Slaughter (Hammersmith) (Lab)]

My local authority, Hammersmith and Fulham, which has taken a lead on this, has not received the number of children it either offered to take or was told by the Home Office it would receive, because the Government have dragged their feet. Can the Minister give us some idea of how quickly assessments will take place of the children who are now dispersed across France, so that they can come here, because there are places for them to go to?

[Mr Goodwill]

It is great to know that there are places available. We must not forget that, despite the fact we have had around 318 children from France, in the year to June 2016, we had 3,472 unaccompanied asylum-seeking children arriving in the UK by other means. A lot of that has meant that local authorities, particularly in the areas where these children arrive—in the south-east, in particular—have had to rise to that challenge. I am pleased that we have made 160 transfers under the national transfer scheme. I know that local authorities that have capacity will use it as they see fit.

[Kevin Foster (Torbay) (Con)]

The Minister will be aware that, last week, the Public Accounts Committee had a very interesting discussion about the support the Government have been offering as part of the relocation programme and about its effectiveness, and the shadow Minister might benefit from looking at that. Yesterday, a constituent emailed me offering to provide a home—as has the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper)—to relocate a child. What work is the Home Office doing to make sure that such offers are taken up?

[Mr Goodwill]

Specifically, we have launched the community sponsorship scheme. In fact, my right hon. Friend the Home Secretary and the Archbishop of Canterbury launched it at Lambeth Palace—indeed, two Syrian families currently reside there. The community sponsorship scheme is more about local community groups working together with their local authorities to make sure people can be looked after than about people going into somebody’s spare bedroom. If those people who wish to help could become engaged with, perhaps, a faith group or another group in their area, I am sure that they would be able to put forward a bid under the community sponsorship scheme.

[Ms Karen Buck (Westminster North) (Lab)]

Citizens UK has warned that the new guidelines make it impossible for the Government to fulfil their promise to take half the unaccompanied children from the former camp. Is it correct that that promise will be met in full? If not, what proportion of those children do the Government now expect to take into this country?

[Mr Goodwill]

As I pointed out, we are assessing children against the criteria we have laid out, and we expect to bring several hundred more children here, as is our responsibility under section 67 of the Immigration Act 2016.

[Craig Whittaker (Calder Valley) (Con)]

Contrary to the bluster from the Opposition Front Bench, my hon. Friend the Minister is working tirelessly on this issue, as indeed did his predecessor. Knowing that we have a severe lack of carers, and particularly foster carers, in our area of Yorkshire, will my hon. Friend explain what the Government are doing to ensure that there is a fair distribution of caring responsibilities for unaccompanied children right across the UK?

[Mr Goodwill]

Some of the bluster we have heard from the Opposition Front Bench is not reflected in the very practical and constructive way that Labour local authorities have been working up and down the country. One aspect of the safeguarding strategy we launched on 1 November was, indeed, looking at the demand for foster care and its availability. Many local authorities have raised concerns that they do not have sufficient capacity for fostering, and they have had to place children out of area, which has incurred additional costs, particularly if agencies are being used. We do need to improve the capacity for fostering, and I would say to anybody out in the country who fancies a career in fostering that it is a very rewarding career and one we would be very pleased to see more people stepping forward to take up.

[Jenny Chapman (Darlington) (Lab)]

Can the Minister explain how he determines which children are at risk of sexual exploitation? What criteria are used? Who does the assessment? How confident is he about its reliability? I should have thought that any of the children we are discussing today would be at risk of sexual exploitation.

[Mr Goodwill]

The main criterion we would look at is gender, as we know that girls are more likely to be victims of sexual exploitation, but if any other individuals were in that category, they would also be considered.

[Mims Davies (Eastleigh) (Con)]

How many criminal gangs that have been exploiting these young people in Calais have been stopped due to our co-operation with France? What have we learned from those arrests in terms of the future safety of our borders?

[Mr Goodwill]

There have been a number of interceptions in France of these criminal gangs, and I am pleased to say that the number of interceptions has increased. Indeed, we have also had arrests in the United Kingdom, some of which have come to court. This is something we are very determined to address. These criminal gangs profit from people’s misery, and they must be prevented from doing so.

[Patrick Grady (Glasgow North) (SNP)]

Amnesty International has found that children as young as 16 have been indefinitely conscripted into the army in Eritrea. I would gently suggest to the Minister that that is not a pull factor in terms of the attractiveness of the United Kingdom, so will he urgently review the arbitrary decision to exclude Eritreans over the age of 12 from these criteria?

[Mr Goodwill]

I have already mentioned the criteria we use, but I am well aware of the conscription situation. A number of EU countries, as well as our Home Office officials, continue to look at that situation, which is not a good one, in Eritrea.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I add my thanks to the Minister for his statement and update. I also echo the comments of my hon. Friend the Member for Mid Derbyshire (Pauline Latham), who is no longer in her place, and recommend that people read the Minister’s evidence to the International Development Committee yesterday. In working closely with the French to accelerate the process of identifying and bringing eligible children to the UK, will he confirm that the appropriate security checks will continue to be undertaken?

[Mr Goodwill]

The assessment that takes place when children are processed includes a security assessment. Indeed, in terms of the children and families who we are bringing across from Syria, that is a central part of what we do to ensure that we are kept safe, while addressing the real humanitarian need in the region.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Will the Minister re-explain the rationale about not accepting unaccompanied 16 and 17-year-olds under Dubs? Will he reassure us that that is not a reaction to his Back Benchers making outrageous demands for teeth examinations?

[Mr Goodwill]

The criteria that we use look particularly at vulnerability. In terms of sexual exploitation, that is gender-neutral. People are referred to us by the French, and their process is gender-neutral as well.

Immigration Rules (International Students)

Robert Goodwill Excerpts

Wednesday 16th November 2016 Westminster Hall

[John Pugh (Southport) (LD)]

I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on starting this important debate. I begin with a declaration of interest: I have benefited from international students very directly in the past few months. A Mexican postgraduate engineer called Alfredo helped me to analyse the complex business cases that the Department for Transport uses, and he was extraordinarily helpful. I also had a Swiss postgrad on an LSE scheme help me to expose some of the limitations of the northern powerhouse project and provide the office with useful chocolate, including proper Toblerone.

Debates such as this follow a customary pattern. The proposer adopts a cloak of virtue and expects the Government to do something, and the Government then point out all the practicalities, financial limitations and reasons why they cannot do what the proposer suggests. The proposer is normally the hero, and the Government are normally the villain—the Minister has to, in effect, act that part. However, there is a real opportunity for him to be the hero.

There is a Conservative Government with a progressive policy to attract international students. They lambast in press publicity their socialist predecessor for not doing enough, have a 10-year plan for international students and are aggressively building the skills base by attracting the brightest international talent. That Government are in Australia. There is equally—this is not a good example, because I might be prejudiced—a Liberal Government in Canada that are doing something rather similar.

Being sensible about it, I think we all agree that universities gain from a clear international dimension, with bright people from other countries contributing enormously to our academic culture and to important research areas where we do not have the research expertise ourselves. The world gains enormously from having an involvement with British universities, at no cost to us. It is a good thing, and nobody around the table would say anything different.

There appear to be only two problems, and one of them is within the Minister’s grasp to solve. Student numbers are cited as a problem, in terms of how they feature in net migration and add to the anxiety about immigration. I think most sensible people see that as purely a presentational or cosmetic problem. It is quite clear, from the polling evidence produced by the right hon. Member for Loughborough (Nicky Morgan), that the public do not see it that way at all when it is properly explained to them. The second worry, which is the more pertinent one as far as the Minister is concerned, is that study is actually used as a device for securing permanent access to the country.

The first problem is soluble. It is a non-problem. I understand concerns about how the Office for National Statistics does stats and so on, but frankly, when previous Governments were troubled by how accurate a reflection of unemployment the employment statistics were, they changed them. Within recent memory, the Government changed the assessment on child poverty because it and the way in which it was presented were wrong. The Government can change this.

The second problem, of study being used as a device to enter the country or stay permanently in the country, may not be a real problem—not if there is adequate quality control on HE. It looks from forthcoming legislation as if there may be less of that, but there was a clear clampdown on bogus colleges. I do not think we need to worry excessively about that. The issue may not be a problem because we have no good numbers on it. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East cited the IPPR report that refers to a secret report in the Home Office that says it is not a problem. Maybe the Minister will talk a little—of course he cannot—about this secret report. He is going to.

[The Minister for Immigration (Mr Robert Goodwill)]

It is so secret that not even I have seen it, if it exists.

[John Pugh]

Okay. I am grateful to hear that. The issue may not be a problem because when we think about it objectively, somebody who masters English, having not started out with English as their native tongue, and who has qualified in a good British university, may be precisely the sort of person the country needs.

None the less, I accept that, generally speaking, the Government, the public, the world distinguish between admission for study and admission for work, and they are two different things. The problem is that in this country we allow anxieties about the latter to completely screw up the former, if I can use that as parliamentary language, Mr Gray; I probably cannot.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) on securing the debate and I thank all hon. Members who participated in it for their worthwhile, considered and thoughtful contributions on such a wide-reaching and important topic. I think that we can all agree that it is in the best interests of the UK as a whole to ensure that the United Kingdom continues to attract the best and brightest international students to study here. High-quality international students make an important contribution to the UK. Our universities are strengthened by the presence of some of the finest minds from around the world, and the international students themselves benefit from the chance to receive an education at some of the world’s best educational institutions.

Much emphasis has been placed today on the desire for Scotland to re-establish a post-study work visa. Hon. Members may remember the Fresh Talent scheme that operated in Scotland between 2004 and 2008. That scheme placed few restrictions on those who wanted to stay in the UK to work post-study, and granted free access to the whole of the UK labour market. An evidence review published by Scottish Government Social Research in 2008 found that only 44% of applicants remained in Scotland at the end of their two years’ leave on the scheme, and a significant proportion were not in skilled work appropriate to the level of education.

[Stuart C. McDonald]

That is exactly the point I made during my speech and I suggested that it is made a condition of a post-study work visa that that person has to live and work in Scotland. That would absolutely solve the Minister’s concerns.

[Mr Goodwill]

It is very difficult to ensure that a person who gets a visa to work, potentially, in Scotland is stopped from travelling elsewhere in the UK. Certainly, the pull of the south-east and London is one we are all too well aware of.

In 2008, the tier 1 post-study work visa replaced the Fresh Talent scheme and was introduced country-wide. This route saw high levels of abuse, with evidence of large numbers of fraudulent applications and individuals deliberately using the student route solely as an avenue to work in the UK, with no intention to study and many in unskilled work. I am sure that hon. Members are not seriously suggesting that a return to a completely open post-study work route that does not lead to skilled work would be advantageous for any part of the United Kingdom.

The UK already has an attractive offer for international graduates of UK universities. Those who can find a skilled job are free to do so. There is no limit to the number of tier 4 students who can move to a tier 2 general skilled worker route, nor do they count against the annual tier 2 cap. Around 6,000 tier 4 international students move to tier 2 annually, and that number has been rising year on year. However, that does not mean that the Government do not remain open to keeping our offer for international students under constant review, to ensure that we help our renowned institutions to attract talent from around the world. One such recent development was the launch of the tier 4 visa pilot with the universities of Bath, Cambridge, Oxford and Imperial College in July.

[Roger Mullin]

Will the Minister give way?

[Mr Goodwill]

I suspect I am going to answer the hon. Gentleman’s question before he raises it. May I take this opportunity to reassure hon. Members that those institutions were chosen because of their consistently low visa refusal rates, lest anyone imagines we might have a conspiracy against Scotland?

[Roger Mullin]

On the conspiracy the Minister has against Scotland, would he clarify which Scottish universities he thinks did not operate appropriately and reasonably regarding students? Name them, or apologise.

[Mr Goodwill]

I am not aware of any Scottish universities that are not operating within the rules, but the four chosen for the pilot were those with the best performance in terms of their visa refusal rates. Indeed, the whole point of the pilot is to find out the benefits and advantages so that it can be rolled out more generally. I know that a number of Scottish universities, such as the University of Glasgow, which has increased its overseas non-EU student numbers by 32% between 2012 and 2015, are just the sorts of institutions that have shown how successful they can be in attracting overseas students.

As part of this pilot, certain visa eligibility checks have been delegated to the universities, and the documentary requirements for students taking part are reduced. The students also have additional leave at the end of their course to enable them to take advantage of the UK’s current post-study work offer. Monitoring of the pilot is ongoing, and the results of that will be evaluated to inform any decision to roll the pilot out more widely. But, if it is a success, I hope that other high-quality institutions throughout the UK will be able to benefit, including those—I am sure the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East will be glad to hear—in Scotland, and, I hope, also in Yorkshire.

Any change for the best-performing institutions will build upon the excellent offer that the United Kingdom already has for international students, with the intention of allowing the UK to remain the second most popular destination in the world for international higher education students, behind only the United States of America. Our approach to reform continues to strive towards two key goals: first, to ensure that our fantastic institutions can attract the very best and brightest students from around the world, and secondly, to protect the student migration route from abuse. I am sure that hon. Members here today can agree that this is a sound foundation on which to build.

[Joanna Cherry (Edinburgh South West) (SNP)]

Before the Minister moves on to his next chapter, I would like to go back to the intervention made by my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) about the possibility of attaching the condition that students could work only in Scotland. Is the Minister aware that Scotland has a distinctive tax code to reflect Holyrood’s tax powers, and that it is therefore very easy to keep track of whether or not somebody is working in Scotland?

[Mr Goodwill]

It is very important, throughout the whole immigration system, that people who have visas that allow limited work can be tracked. Certainly, using the tax system is one way of doing that. Another key point that I would like to draw to hon. Members’ attention, is that there remains no limit on the number of genuine international students who can come to the UK to study. We do not propose to cap or limit the number of overseas students who can come to study in the UK. As the Home Secretary recently announced, we will shortly be seeking views on study migration routes. I encourage all interested parties, which I am sure will include many institutions in the constituencies of hon. Members here today, to participate and ensure that every point of view is heard.

[Paul Blomfield]

The Minister is talking about the consultation and the Home Secretary’s statement and, in his earlier remarks, he talked about quality. Will he confirm or deny that the Home Office intends to use the teaching excellence framework as a measure for quality in relation to the visa regime?

[Mr Goodwill]

I think that the hon. Gentleman will understand from his time here that when one is in consultation, one listens to views and then comes to a conclusion. At this stage we are listening to points, including the ones that he has made. Indeed, one of the points that he made during his contribution was regarding the number of Indian students coming to the UK, and how we are going to prioritise recovering the number of Indian students entering the UK to study. May I point out that we issue more tier 4 visas to students from India than from any other country except China and the United States? The then Immigration Minister visited India in February 2016, and the Prime Minister herself has just returned, to ensure the message is clear that we welcome Indian students to our world-class institutions.

We have seen increases in the number of study visas granted elsewhere; China has gone up by 9% and Indonesia by 14% in the year ending March 2016, which shows that our immigration system allows for growth. The proportion of Indian students coming to study in the UK at a university increased from around 50% in 2010 to around 90% in 2015. This trend of smaller volumes of students with greater concentrations in higher education is likely to reflect the recent policy changes to clamp down on immigration abuse by non-genuine students and bogus colleges. In 2015, around 90% of Indian students who applied for a tier 4 visa were issued one; that is up from 86% in 2014, and 83% the year before that. The Indian student grant rate is higher than in our competitor countries. Indeed, the hon. Member for Glasgow North West (Carol Monaghan) asked about the time it may take for visas to be processed, and I confirm that 99% of Indian tier 4 students received a decision within the 15-day target.

[Paul Blomfield]

I apologise for pressing the Minister on this point, but it is important. Next week will be the last time that this House considers the Higher Education and Research Bill, of which the teaching excellence framework is a central proposal. Can he simply deny or confirm that the Home Office intends to use the teaching excellence framework as a measure for quality in relation to the visa regime?

[Mr Goodwill]

The hon. Gentleman is very tenacious, but I will repeat the point that I have already made. We are in the process of a consultation, are listening to views, including those made during this debate, and will come to a settled view in due course.

Including students in the net migration statistics is a point that has been made repeatedly during the debate. The Office for National Statistics, which is the UK’s independent statistical authority, has today published a report that states:

“The net migration figures are used by ONS to calculate the size of the UK population in any given year and they include international students since they contribute to population growth. These population figures are used by national and local government to inform their planning and removing any key group would have consequences for this.”

This has been a very spirited debate. I conclude both by thanking all hon. Members for their contributions, and by reiterating that genuine students will continue to be welcomed to the United Kingdom. This country is fortunate to have world-class educational institutions with formidable reputations, and this Government will continue to help them to ensure that they can continue to bring in the best and brightest students from across the globe.

Question put and agreed to.

Resolved,

That this House has considered immigration rules for international students.

European Union Agency for Asylum

Robert Goodwill Excerpts

Tuesday 15th November 2016 General Committees

[The Minister for Immigration (Mr Robert Goodwill)]

I am pleased to serve under your chairmanship, Mr Rosindell. For the record, I want to say how pleased we are on this side of the Committee that the shadow Home Secretary has graced us with her presence—it obviously underlines the importance of the measures.

[Michael Fabricant (Lichfield) (Con)]

My hon. Friend is, as ever, very courteous, but does he not suspect that it might be because no one else is available to do the job?

[Mr Goodwill]

I could not be so uncharitable, I am sure.

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

I can assure the hon. Gentleman that I volunteered to do this because I think the immigration challenge that Europe faces is no laughing matter. I have more junior colleagues in my Home Office team who were available to do it. Our constituents want to see us take the issue seriously.

[Mr Goodwill]

When the hon. Lady started her career in the Home Office she was involved in this particular area, as a fast-streamer, so I am sure that her expertise will be useful as she brings it to bear during the debate.

I thank my hon. Friend the Member for North East Somerset for his opening words. I can reassure him that I did not feel any need to agonise over the decision—it was a fairly simple one—and I apologise for any part I may have played in any delays. I am sure he is aware that a lot has been going on, both in the Government and in Europe, since 23 June.

I thank the European Scrutiny Committee for selecting these important measures for debate and apologise for the late tabling of the motion and any inconvenience caused to the Committee by the change in date. The three measures under consideration—the reform of the Dublin regulations, the reform of the Eurodac regulation, and a proposal for a new EU asylum agency—represent the first wave of a package of proposals to reform the Common European Asylum System, or CEAS.

A wide-ranging package of reforms to CEAS was proposed by the European Commission in a communication published in April of this year. The migration crisis led to the Commission identifying priorities for addressing perceived structural shortcomings in CEAS: Dublin reform; reinforcing the Eurodac fingerprint database, which supports the operation of the Dublin mechanism; providing a stronger mandate to the European Asylum Support Office, or EASO; and further harmonising asylum systems. The proposals on harmonisation are not before us today.

It is undoubtedly necessary to develop an asylum and migration framework in the European Union that works to control illegal migration, deter abuse and prevent unwarranted secondary movement. That does not mean, however, that the Government agree with all the policy options that the Commission suggests. The Government have already decided not to opt in to the proposed EU agency for asylum. I apologise that the Committee did not have the chance to debate the proposal before the opt-in deadline, but I suspect it would have supported our opt-out.

The UK participates in the European Asylum Support Office, but there were several problematic areas in the proposal for a new agency which, in my view, would outweigh any benefits to the UK. The Government’s key consideration was the significant oversight that the agency could have had of the UK asylum system if the UK had decided to participate. Although we respect that our European partners may wish to pursue greater commonality in their asylum systems, we remain firmly of the view that the functioning of national asylum systems is a sovereign issue. The Government are, of course, committed to running a high-quality, effective asylum system. We will continue to support EASO and member states that face particular pressures, as well as to share our expertise widely within the EU.

Turning to the Commission’s proposal to reform the Dublin regulation, Dublin IV maintains the traditional, recognisable “Dublin” concepts to determine responsibility for examining an asylum claim. That includes provisions on family unity and the best interests of the child. The proposal introduces some procedural changes—for example, to time limits—and increases obligations on applicants to co-operate with asylum authorities by claiming in the first member state. The Government strongly support the “first safe country” principle, but within the proposal lies a corrective fairness mechanism based on a distribution key that allows for adjustments in the allocation of responsibility in certain circumstances. Essentially, it is a mandatory relocation mechanism.

The Government remain opposed to the use of relocation to address the migration situation in the EU. We have been crystal clear in all our engagement with European partners—both before and since the publication of the Dublin IV proposal—that we see no reason why a mandatory redistribution, relocation or corrective mechanism should be part of a single proposal under the Dublin regulation.

In that context, it is worth noting that the Commission was very clear when it published the proposal that should the United Kingdom not opt into the revised Dublin IV regulation, the Dublin III regulation would continue to apply between the UK and member states—a direct result of our engagement—so I hope that reassures my hon. Friend the Member for North East Somerset. As such, we believe that there is no risk that we would lose our current powers to return people to other EU member states as a result of this proposal. There is a clear precedent for two Dublin regimes operating in parallel, as seen with regard to relations with Denmark between 2003 and 2006, when different rules applied between states. Finally on Dublin reform, it is obvious that the legislative proposal will require significant negotiation, given the well-known divergence of views across the EU towards mandatory burden-sharing schemes.

Turning to Eurodac—the fingerprint database that supports the application of the Dublin regulation—we agree with the Commission that member states must be provided with appropriate fingerprint evidence to facilitate the operation of the responsibility mechanism and to enhance its role into other areas to address illegal migration and facilitate returns. The Eurodac III proposal includes new provisions to store data on persons found illegally present and to store facial images in addition to fingerprints. It enhances the personal data associated with the biometrics to include, for the first time, the name, nationality, date and place of birth of the data subjects and it stores the details of any travel documents held. It also lowers the age threshold for the transmission of data from 14 years of age to six to enhance the safeguarding of children.

By increasing the capture of data on illegal migrants, Eurodac III will become more of a tool for managing illegal migration, and we welcome that. Its enriched data sets are also of significant value in terms of law enforcement access. I welcome the endorsement of the Government’s position on Eurodac and Dublin.

--- Later in debate ---

[Mr Rees-Mogg]

I have three questions. First, will the Government continue to participate in the European Asylum Support Office or will it cease to exist once the agency is created? Secondly, will the Government seek to participate in Eurodac once we have left the European Union? Thirdly, what will happen to the Dublin system once we have left, and are there existing international treaties that provide the same effect of returning asylum seekers to the first safe country of entry?

[Mr Goodwill]

I thank my hon. Friend for his questions. The first—on whether the UK will continue to participate in EASO when we exit the EU—is one I can provide an answer to. How the UK supports the EU on asylum and wider migration matters will be considered in due course. However, we remain committed to supporting member states as necessary. Member states participating in EASO who do not participate in the EU agency for asylum would remain bound by the current EASO regulations, unless ejected in line with article 4 of protocol 21 of the treaty. EASO will continue to exist when the agency is set up, so as long as we are a member of the EU, we will be able to participate in the two in parallel.

My hon. Friend also asked about the continuation of the Dublin III regulations and Eurodac when we leave. The operation of a system whereby people can be identified through their biometrics will be important post-Brexit. No doubt that will be part of those negotiations, about which I will not speculate. Countries that are not currently members of the European Union can participate in Dublin III, so a precedent may well be set there. It would not be helpful to speculate on any of our negotiating positions or on what may be the concluding position of negotiations. Be in no doubt, though, that we see these as very important issues that should be addressed during our negotiations once article 50 has been triggered, which I am told will be before the end of March.

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

The Minister has outlined again the Government’s opposition to any form of relocation mechanism. That takes us to the crux of the matter. As the European Scrutiny Committee has asked in some of the supporting papers, if the Government do not have this model in mind, what alternative model do they have to share responsibility more equitably at times of intense migratory pressures? Is it the Government’s position that, instead of solidarity, we are just to leave matters to the frontline states?

[Mr Goodwill]

We certainly stand by our record of stepping up to the mark in helping with the unprecedented wave of migration across the European Union. Home Office officials, as well as other officials, are operating in Italy and Greece. As the hon. Gentleman will know, the situation in Greece has not yet been normalised. Of course, operating through the Dublin mechanism, not only have we been able to bring children across from countries such as Italy, Greece and, in particular, France in recent days and weeks, but children whose needs are best served by being in another EU member state have been moved to join family elsewhere. The system is voluntary: we have been offering technical and practical support, including funding for particular needs, as well as the support we have been giving in the Mediterranean, using vessels commissioned to help to rescue life and deter migration there.

[Michael Fabricant]

Although I am not a great lover of simplistic phrases, does my hon. Friend still stand by the precept adopted by our former leader, William Hague, who is now in another place, that this country should be a safe haven but not a soft touch?

[Mr Goodwill]

Of course that is a commendable concept; it is how it is practically delivered. That is why we have regulation such as Dublin III, which enables a mechanism to be put in place to help where we can. As we have seen following the dismantlement of the camp in Calais, through the Dublin III regulation and, indeed, section 67 of the Immigration Act 2016—the so-called Dubs amendment —we have been able to play our part in giving care and help to unaccompanied asylum-seeking children whom we saw in such dreadful conditions in Calais.

[Stuart C. McDonald]

Just one supplementary question, if I may. I welcome some of what the Minister said about work that has been undertaken in frontline states. To press that a little further, I remember reading a situational briefing about Home Office staff who had been sent to Greece. If I recall correctly, at that stage 75 staff were involved in implementing the deal to return people to Turkey, but only two people were involved in implementing the Dublin process. Does that suggest that we have not got our priorities right and should be increasing support for reuniting families across Europe?

[Mr Goodwill]

It is certainly a priority to make sure that the Dublin regulation operates. We offered 75 staff to help in Greece and have dedicated teams working on the Dublin system as well. However, I must underline the importance of the Turkey deal, because one of the most harrowing images that we all saw, following that dreadful number of shipwrecks and drownings, was the poor child washed up on the beach. The Turkey deal was there to deter and prevent people from making that hazardous journey, to stop us playing into the hands of the people smugglers. That deal is saving lives every single day. If only we could have a similar deal for people making the hazardous trip from north Africa, where in some cases we are still seeing dozens of drownings at a time. It is important that we support our EU partners in Greece and Italy through the practical mechanisms and the practical support we put in place, but we also need to ensure that the Dublin regulation operates. Returns to Greece are not possible currently because of some problems that I hope the Commission and the Greek Government will be able to work through.

[Stuart C. McDonald]

I have one final set of questions on Eurodac. I broadly share the Minister’s views—the proposals are welcome—but these questions come from the Committee papers. Are the Government satisfied with the safeguards that will be put in place and the rationale for the significant reduction in the age when migrants will be documented? What did the Information Commissioner say when consulted about the Eurodac proposals, if they were consulted at all?

--- Later in debate ---

[Mr Goodwill]

I very much support the reduction in age. We have seen younger children being trafficked into Europe. In many cases, we have been able to take younger children from France and other EU countries because of the Dublin regulation. It is important that we can identify who those children are, if at all possible.

The Commission’s rationale is clear from the memorandum accompanying the proposal. The migration crisis has raised profound questions about how to safeguard and protect unaccompanied children. Child protection, and missing children from third countries in particular, is a concern ensuing from the crisis in the EU. The Commission argues, and we agree, that the apparent increase in the smuggling of minors below the age of 14 means that there is a stronger need to collect biometrics from a lower age for the purposes of Eurodac. That will help with the identification of children and may assist in establishing family links or links with travelling companions. Many member states collect biometrics from minors at a younger age than 14 for visas, passports, biometric residence permits and general immigration control. Indeed, I was in Jordan last week, and the United Nations High Commissioner for Refugees was collecting iris scans from children younger than 14 to enable identification.

When children go into the asylum system, whether in the UK, Europe or the region where the conflict is, it is important that we can be sure exactly who those people are. The taking of fingerprints for Eurodac from minors from the age of six has been proposed based on research that shows that fingerprint recognition of children can be achieved with a satisfactory level of accuracy at that age, although the fingers of younger children are not sufficiently developed to enable that to be a useful tool.

[The Chair]

If no more Members wish to ask questions, we will now proceed to the debate on the motion.

Motion made, and Question proposed,

That the Committee takes note of European Union Document No. 8742/16, a Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010, endorses the Government’s decision not to opt in under Protocol 21 on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the EU Treaties (Protocol 21), notes that the Government is able to opt in post-adoption and supports the Government’s intention to continue supporting other Member States on asylum matters; further takes note of European Union Document No. 8715/16, a Proposal for a Regulation of the European Parliament and of the Council on establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast), also known as the Dublin Regulation and endorses the Government’s decision not to opt in under Protocol 21; further takes note of European Union Document No. 8765/16, a Proposal for a Regulation of the European Parliament and of the Council on the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of Dublin Regulation (EU) No 604/2013 and endorses the Government’s decision to opt in under Protocol 21.—(Mr Goodwill.)

--- Later in debate ---

[Ms Abbott]

I am well aware of what the hon. Gentleman is saying. I can only repeat what I said at the outset. Our immigration policy should be based on the facts, not on urban myth. It should be based on what is good for the economy and good for society, and it should be based on our values as a country. If that means that we have to go out and argue and campaign for that position, I for one am willing to do so. Anything else leads to a downward spiral of anti-immigration rhetoric, and we can see the consequence of that downward spiral in the result of the recent presidential election in the United States. The US electoral college has spoken, and of course the American people are entitled to elect the President of their choice, but we should never legitimise Donald Trump’s anti-immigrant, anti-Muslim and anti-women rhetoric, and we should be aware that one of his first appointments was of Steve Bannon, who runs the website Breitbart, which is largely regarded as anti-Semitic. We must work with our oldest ally as we have always done, but we cannot legitimise a political narrative of that kind.

[Mr Goodwill]

Would the hon. Lady clarify something? From what she said earlier, she appears to support a mandatory relocation measure in the EU. Is that indeed the position of the Labour party?

[Ms Abbott]

Broadly, we support these regulations in principle, and specifically we believe in much more genuine European co-operation. That is the position of the Labour party.

--- Later in debate ---

[Mr Goodwill]

There can be no doubt that migration and immigration are very contentious issues, not only in this country but worldwide. It is important that we have a grown-up debate on the issue, one in which xenophobia or racism should play no part whatsoever. The Government’s position is well known, which is that we should control net immigration to sustainable levels—that is, the tens of thousands rather than the hundreds of thousands. At the same time I must make it clear that the UK has a proud history of providing help for those in genuine need. The objectives of reducing net migration should not be confused with our international obligations towards those claiming asylum and the mechanisms within the Dublin regulation for family reunification, which are supported by Eurodac. Indeed, in 2015, 130 children came to the UK under the Dublin regulation.

We have also unilaterally implemented measures such as the Syrian vulnerable persons relocation mechanism, through which we are on track to bring 20,000 vulnerable people to the UK before the end of this Parliament. The latest figures on that will be published on 1 December. I am optimistic that they will show that we are on track to deliver it. In addition, we have the scheme to bring 3,000 vulnerable children and their families from the wider region to the UK. This process is just starting to get into gear.

[Stuart C. McDonald]

All these schemes are very welcome—for the children, the relocation of Syrians and so on—but what strikes me as the Minister is speaking is whether these people coming into the UK will be counted towards the net migration target. Is that not a perfect example of why refugees and asylum seekers should be removed from any net migration target?

[Mr Goodwill]

They will be part of the figures. That is how the net migration figures are gleaned. They are based on a survey. As I said, we should not hear any suggestion that we are not stepping up to the mark as regards our international obligations on asylum. That should not be affected by the target to reduce net migration. Indeed, we have unilaterally put the schemes I have just described into place to bring people across from the region and reduce one of those big pull factors. One of the big problems with people drowning on that perilous journey across to Greece or Italy is that the people smugglers see their customers—if you can call them that—being able to get to Europe and be looked after there. We need to make sure we help people in the region, removing that pull factor.

This is over and above our long-standing obligations through the gateway and mandate systems. In terms of our wider help, from the financial point of view, the UK remains one of the largest member state contributors to Greece’s efforts to implement the EU-Turkey agreement, offering 75 personnel, of whom 58 are on station. The UK has deployed a Border Force search and rescue cutter in the Aegean, as well as contributing assets to the NATO mission. HMS Mersey, our offshore patrol vessel, is on station too.

Funding of £2 million was made available for the assisted voluntary returns project through the International Organisation for Migration in Greece from January 2014 to May 2016. The UK has also allocated up to £34 million to the humanitarian response in Greece, including £8 million to the UNHCR.

[Mr Rees-Mogg]

Are these figures part of our overall net contribution to the EU budget or are they supplementary to it?

[Mr Goodwill]

These figures have come from the UK as part of our overseas development budget. I can give my hon. Friend some clarification on whether any of that money has been channelled via the EU, but as far as I am aware, this is money from the UK Exchequer, not European money.

Start Network non-governmental organisations were given £11.5 million, £1 million was given to the IOM and more than £1.8 million of essential supplies were provided. They included 3,100 tents for over 15,600 people, 60,000 blankets, 8,000 sleeping bags and other basic items, including direct support for the German Government with returns and donating 40 ex-Ministry of Defence Land Rovers to the Bulgarian border police to help them patrol the green border with Turkey.

The key message on Dublin is that the Government maintain their position: we support the existing principles of the Dublin regulations, but do not agree to a mandatory redistribution mechanism as part of a revised Dublin regulation. I am still slightly confused about the Labour party’s position on that. Indeed, Dublin is important, as it prevents asylum shopping and reinforces the first safe country principle; redistribution does not.

[Ms Abbott]

The Minister may be confused about some things, but he is not half as confused as I am about what this Government’s response is to Brexit.

[Mr Goodwill]

As I have shown, our response to this crisis has been to step up to our obligations as part of Dublin, to go over and above our obligations by incorporating the Dubs amendment into the Immigration Act 2016, and to give the humanitarian and practical help that I have just listed. Given all the ways we are helping people in the region—I was in Jordan last week to see how that money was being spent, putting clean water into some of the refugee camps, helping with the registration of refugees and helping with the education of children in those camps—I think the Government can be proud of our record in that regard.

I have followed the debate with great interest and I thank those who have contributed. It is the Government’s position that it is necessary to develop an asylum and migration framework in Europe that works to control illegal migration, deters abuse and prevents secondary movement. That does not mean, however, that the Government agree with all the policy options suggested by the Commission or that they are right for the UK. These opt-in decisions will be fully in line with the national interest.

Question put and agreed to.

Immigration Rules

Robert Goodwill Excerpts

Thursday 3rd November 2016 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 as set out below. These changes continue our reforms to the UK immigration system.

The changes we are making to the rules will ensure that those who do not qualify for international protection on account of their conduct, for example serious criminality, are not granted settlement or limited leave to remain in the UK under the immigration rules.

We are also abolishing the “28-day grace period”, during which we currently accept out of time applications for a range of routes including work and study, to encourage greater compliance with the immigration rules. This will make clear that people must comply with the rules and make any application for further leave before their current leave expires.

The changes also include the reduction in the threshold of NHS debt from £1,000 to £500 for family cases and armed forces cases to align with changes made elsewhere in the rules in April 2016.

The changes also provide for a new English language requirement for non-European economic area national partners and parents applying to extend their stay in the UK. The new requirement, which can be met by passing, as a minimum, an A2 level common European framework of reference for languages speaking and listening test, will apply to partners and parents whose current leave on a five-year route to settlement under the family rules is due to expire on or after 1 May 2017.

The new A2 requirement will deliver on the Government’s manifesto commitment to ensure that those coming to the UK on a family visa with only basic English become more fluent over time. We believe this will improve integration in communities. An associated statement of intent and policy equality statement will be published today on gov.uk.

Following a review by the independent Migration Advisory Committee, on 24 March 2016 the Government announced two phases of reforms to tier 2, to be implemented in autumn 2016 and April 2017. The changes being laid today implement the first phase of these reforms. This includes changes to the salary thresholds for tier 2 (general) and short-term intra-company transfers (ICTs), and closure of the ICT skills transfer category. There are exemptions from the new salary for certain occupations in health and education.

We are also making technical changes to the immigration rules to clarify the concepts of a first country of asylum and a safe third country.

[HCWS235]

Oral Answers to Questions

Robert Goodwill Excerpts

Monday 31st October 2016 Commons Chamber

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

8. What steps her Department is taking to reduce levels of immigration into the UK.

[The Minister for Immigration (Mr Robert Goodwill)]

The latest figures show that our reforms to cut abuse across non-EU visa routes and our toughened welfare provisions are working, but there is no doubt that there is more to do. As we conduct our negotiations to leave the EU, it will be a priority to retain more control of the numbers of people who come here from Europe.

[Mr Nuttall]

Given that there is still some way to go, how confident is the Minister that the measures taken by the Government will result in our meeting the target of reducing net migration to the tens of thousands? Does he agree that ending the free movement of people principle imposed on us by the EU is essential if we are to stand any chance of meeting that target?

[Mr Goodwill]

There is no doubt that this is a challenging target, but I love a challenge. We are committed to bringing net migration down to the tens of thousands, and we have already taken significant steps to control immigration. The UK’s departure from the EU will give us control over EU migration, and we will shortly be publishing a consultation document on further changes to the non-EU work and study routes.

[Paula Sherriff (Dewsbury) (Lab)]

A constituent of mine is awaiting an appeal in respect of a spouse visa application. Correspondence from the tribunals service stated that the process would take 15 weeks, but we have now been informed that it could take up to 18 months. Why are appeals taking so long? Why does the information given to applicants not reflect these delays? The lack of clarity is causing undue stress to applicants and their loved ones.

[Mr Goodwill]

Although I cannot comment on an individual case, I hope that the hon. Lady will give me the details. It is, however, absolutely right that we took measures to stamp out sham marriages and other routes whereby people can use marriage as a way of getting fraudulent entry to the UK. That does mean that some of the hoops people have to jump through can be slightly smaller than before.

[Mrs Anne Main (St Albans) (Con)]

Many of my constituents would like illegal immigration stamped out, as well as there to be monitoring of how much migration there is. I was pleased to hear on the weekend reports of a Jetstream 41 turboprop plane being brought in to help control our borders. Will the Minister tell the House a little more about what he is hoping to achieve with that?

[Mr Goodwill]

We are determined to prevent illegal migration, from whatever route it comes. That can be through people getting on vehicles coming through the channel crossings, or through general aviation or general maritime routes. We are determined to clamp down on all of those.

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

The policy to limit migration is at odds with the promise that we heard in the referendum campaign from the Secretary of State for International Development. She said that if we voted to leave, chefs from the sub-continent could have their visa restrictions relaxed to avoid a curry crisis. Was that pledge of the same value as the one that we saw on the side of a bus promising money for the NHS—meaning that it will never happen—or will the Government address the skills shortage in our economy rather than aping the UK Independence party?

[Mr Goodwill]

I will certainly take no lessons from Labour, as it was the party that allowed people to come in from outside the EU with no skills at all. Indeed, search parties were sent out to encourage mass migration. I lay down a challenge to the restaurateurs in our country to train our own people, because we have tremendously talented people in the UK who would love to train and work in that environment. We do not always need to bring people across from the sub-continent.

[Mike Freer (Finchley and Golders Green) (Con)]

9. What steps she is taking to ensure that all forms of domestic abuse are recognised and investigated.

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[Sir Henry Bellingham (North West Norfolk) (Con)]

11. What steps she has taken to ensure that young adult refugees are not entering the UK as children; and what checks she plans to put in place to improve age identification of such refugees.

[The Minister for Immigration (Mr Robert Goodwill)]

Where clear and credible documentary evidence of age is not available, criteria including physical appearance and demeanour are used as part of the interview process to assess whether a person is under 18. That can be followed, where necessary, by a local authority assessment in line with case law and approved by two social workers.

[Sir Henry Bellingham]

Does the Minister agree that this country has always been very compassionate and understanding towards children fleeing persecution? Does he also agree, however, that every young adult over 18 whom we admit means one fewer child in desperate need being allowed in, and that we could extend checks to social media and university records, for example, to ensure that our generosity is not abused?

[Mr Speaker]

Or that my generosity is not abused by a Member asking two questions, rather than one. It seems a bit rum.

[Mr Goodwill]

It is essential that a safe, lawful and efficient process to transfer eligible children is in place, but we must also ensure that the right safeguarding and security checks are carried out. Our focus remains to ensure that the minors who are eligible to come here arrive safely. This must be done through a proper process, with the agreement of the French in the case of the Calais children. The French have agreed to support the children in safe places in France while we carry out essential checks.

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

The charities working with the children in Calais are reporting, first, that the UK assessment and transfer process has paused and, secondly, that there are 1,500 children and teenagers being held in the container camp, without proper water or food and without enough adults, social workers or youth workers to look after them and to prevent tensions and violence from rising. Will the Minister look into this urgently and make sure that the UK transfer system is restarted very quickly, and that the French urgently provide proper protection and support for these very vulnerable young people?

[Mr Goodwill]

I echo the points that the right hon. Lady makes. These are exactly the representations that I have received from many NGOs which are working very hard to assist us, and our own people are on the ground to ensure that that is done. It is very important indeed that, as we continue to process those children who are eligible to come here, that is done safely, and the French are determined to help us with that.

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

On the subject of refugees, may we focus on the real issue of the safety of children? As children are being transferred from the containers to specialist centres across France, can the Minister confirm that Dubs and Dublin children have all been identified, that they will be transferred as soon as possible to the UK, and that they will be kept safe under the close supervision of NGOs and Home Office officials?

[Mr Goodwill]

I can give my hon. Friend the assurance that we are working hard to identify children who would qualify under Dubs and Dublin. It is very important indeed that we ensure that the most vulnerable, particularly the children under 13 and those who may be vulnerable to sexual exploitation, are prioritised under the Dubs amendment procedure.

[Kevin Brennan (Cardiff West) (Lab)]

Bashir Naderi, who is 19, was trafficked to the UK at the age of 10 from Afghanistan after his father was murdered by the Taliban. I understand that this afternoon he was on his way to Gatwick to be removed from the country but that that has now been stopped. Will the Home Secretary accept my plea and that of my hon. Friend the Member for Cardiff Central (Jo Stevens), whose constituent Bashir is, to intervene urgently to stop this removal?

[Mr Goodwill]

Although it would be inappropriate for me to comment on individual cases, I am aware of this case. It is on my desk at present.

[Heidi Allen (South Cambridgeshire) (Con)]

I thank the Home Secretary and the Minister for their dedication to the issue in recent weeks. I understand that children are now being moved from the containers to resettlement camps around France. When might we see all the Dublin and Dubs children being extracted from there and brought here?

[Mr Goodwill]

We are assisting with that transfer process, and once those children are in a place of safety away from the people traffickers who would seek to exploit them, we will be able to carry out that work in a more methodical way. We hope to have the process completed within weeks.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Further to the question from my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), we know that there are currently 30 young girls, some as young as under 12, in the container camp in Calais. Can the Minister confirm that the Home Office staff left the site on Saturday? If so, when will they go back and restart the rescue of those children and their transfer to the UK?

[Mr Goodwill]

We must remember at all times that the camp is in France. We must work closely with our colleagues in the French authorities to ensure that children are removed from the container camp and taken to a place of safety where they can be processed in a more orderly way.

[Mr Julian Brazier (Canterbury) (Con)]

Although the House is raising so many genuinely felt concerns about the children in Calais, may I remind the Minister that by far and away the largest crisis involving children in the world at present is that in and around Syria?

[Mr Goodwill]

Which is precisely why the Government are determined to relocate 20,000 of the most vulnerable people from the camps in Syria and 3,000 vulnerable children from the region, which removes the pull factor that, of course, has meant that so many people have taken that hazardous journey across the Mediterranean or the Aegean.

[Mr Speaker]

With unlawyer-like brevity, Mr Alistair Carmichael.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Instead of treating refugees as if they were broken-mouthed ewes, surely we should be working with the authorities and the Government in France to ensure that we never again see the shambolic and shameful treatment that we saw last week.

[Mr Goodwill]

With equal brevity, I agree.

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

I reassure the Minister that the Opposition do know that the camp is in France, but we are weary of French and British officials trying to pass the buck, even at this late stage, when desperate children’s lives are at stake. We know that there are more than 1,000 young people in the container compound at Calais without proper supervision and the help that they need. The Minister says that the assessment and transfer process has paused. Can he share with the House when it will begin again?

[Mr Goodwill]

The transfer process has been paused at the request of the French so that the relocation can take place and the children are not in the container camp, which so many people are critical of. We continue to work closely with our French colleagues to actually resolve this situation.

[John Mann (Bassetlaw) (Lab)]

13. What assessment she has made of the effectiveness of interventions by her Department in dealing with heroin addiction in England.

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[John Mc Nally (Falkirk) (SNP)]

T8. Dungavel detention centre should close, but only as part of a wider plan to reduce the use of detention. Is not the Immigration Minister embarrassed to preside over one of the most bloated detention estates in the European Union and the only one without a fixed time limit?

[The Minister for Immigration (Mr Robert Goodwill)]

Pre-departure detention is always the last resort and we aim to minimise the number of those kept in detention. The new facility at Glasgow airport will facilitate the closure of Dungavel and will be a more purpose-built facility.

[Stephen Hammond (Wimbledon) (Con)]

T7. To give some certainty to the many EU citizens who live in Wimbledon and the surrounding area, will the Minister say when he expects to be able to announce the reciprocal arrangements?

[Mr Goodwill]

As the Prime Minister has said, we wish to protect the status of EU citizens working here. At the same time, of course, we expect the status of British citizens living and working elsewhere to be respected as well.

[Liam Byrne (Birmingham, Hodge Hill) (Lab)]

Ten days ago, Allan Richards was convicted in Birmingham of the most horrific catalogue of offences against children, some as young as eight. I congratulate West Midlands police on the forensic investigation that brought him to justice, but he was a serving police officer for more than 30 years. Will the Home Secretary assure the House that the inquiry into what happened will be independent, that whistleblowers will be given protection and that, if other agencies, including the Crown Prosecution Service, made mistakes, they will form part of the investigation?

--- Later in debate ---

[Patrick Grady (Glasgow North) (SNP)]

Will the Home Secretary confirm that she is publishing new guidance on immigration and asylum claims from Eritrea today? In future, will the Home Office listen to concerns raised in the House about human rights abuses in countries of origin, rather than being forced into policy change by the immigration tribunal?

[Mr Goodwill]

It is certainly important that with Eritrea, as with other countries, we act on the best possible information. Although Home Office officials have been in country and we consider reports produced by other EU countries, we are looking at the results of the tribunal with interest.

[Amanda Milling (Cannock Chase) (Con)]

I am, like many of my Staffordshire colleagues and the Staffordshire police and crime commissioner, incredibly concerned about the business case for Staffordshire fire and rescue service’s proposed life skills centre. Will my hon. Friend the Fire Minister meet me and my Staffordshire colleagues to discuss and review the business case to assess whether it offers value for money?

--- Later in debate ---

[Kate Hoey (Vauxhall) (Lab)]

Just recently, two very brilliant human rights campaigners in Zimbabwe were refused visas to come to this country to speak not just in this House but elsewhere, despite the support of our ambassador in Harare. Will the Minister for Immigration please look into what is going on there? Quite honestly, we are letting in people who have done dreadful things, yet two decent, law-abiding, respectable, hard-working people—one of them has been given asylum in America—have been refused entry.

[Mr Goodwill]

I am more than happy to meet the hon. Lady in person to discuss this issue. I am aware of a number of cases involving Zimbabwe that we have under review.

[Peter Aldous (Waveney) (Con)]

As part of a comprehensive strategy to improve the resilience of our fire and rescue services, it is necessary to take all reasonable steps to stop fires from starting in the first place. Will my right hon. Friend therefore liaise with the Department for Communities and Local Government to ensure that the long-awaited review of building regulations takes place, and that our strategy on the installation of fire sprinklers is brought into line with those of other countries?

Child Refugees: Age Checks

Robert Goodwill Excerpts

Friday 21st October 2016 Commons Chamber

[Philip Davies (Shipley) (Con)]

(Urgent Question): To ask the Minister for Immigration if he will make a statement on what age checks are being carried out on child refugees to ensure they are children.

[The Minister for Immigration (Mr Robert Goodwill)]

I thank my hon. Friend for tabling this urgent question, which enables us to put the Government’s position on the record.

I can reassure my hon. Friend that we work closely with the French authorities to ensure that the cases applying to come to the UK qualify under Dublin, including in terms of conducting an age assessment where necessary. All individuals are referred to the UK authorities by France terre d’asile—the FTDA, which is a non-governmental organisation—and are then interviewed by French and UK officials. Where credible and clear documentary evidence of age is not available—the pace at which these children have fled situations of war and persecution means that many do not have any definitive documentary evidence—then we will use criteria, including physical appearance and demeanour, to assess age as part of the interview process.

My officials are working in difficult circumstances in Calais to ensure that vulnerable children are safeguarded. There has been significant media coverage over the last week questioning the appearance of those admitted to the UK. I think we would all agree that teenagers’ appearances vary widely, and my officials and all the agencies working in these difficult circumstances have the safety and welfare of the young people in mind.

This week has also reopened the old debate about the value of dental X-rays and medical tests to determine an individual’s age. A significant number of experts have spoken out against such checks. The British Dental Association has described them as “inaccurate, inappropriate and unethical”. The Royal College of Paediatrics and Child Health has said that the margin of error can sometimes be as much as five years either side with medical tests and Doctors of the World UK has called the idea “unethical and unnecessary”. That is why the Home Office does not use dental X-rays to confirm the ages of those seeking asylum in the UK. The House should also note that, legally, we cannot force anyone to undergo such a check. That is why officials are trained to assess age. I want to be clear that where we believe someone is clearly over 18, they will be refused. Indeed, the information I have today suggests that around 10% of cases referred to us on this basis are being refused in France.

We have made significant progress to bring to the UK those children with family members. We are absolutely determined to get those children here, but I would call on all Members of the House, the media and the public to respect the privacy of these vulnerable young people.

[Philip Davies]

I am grateful to the Minister, for whom I have a great deal of respect and admiration, for that statement.

Surely it cannot be necessary to explain why it is important that child refugees are actually children. We agreed to take in child refugees, so surely it is not too much to ask that the Government ensure that they are children. But clearly this is not the case: people only have to see the pictures of the so-called child refugees to see that many of them are not children. The Home Office has admitted that two thirds of people claiming to be child refugees are shown to be not children. Even the charities have had to accept this, trying to explain that people who are clearly older were translators, only to be told that they were not translators at all, but were claiming to be child refugees. A large number of my constituents have contacted me to say how angry they are that we are being taken for fools and taken for a ride, and that our generosity is being abused. Does the Minister not understand that unless a grip is taken on this, it will do irreparable damage to public confidence in the asylum system?

The Minister has said that carrying out dental checks would be not only unethical but unreliable. However, the Government’s own website, in the UK Visas and Immigration section on “Assessing age”, under “Dental age assessments or x-ray reports”, says:

“In some instances, applicants will submit reports from dental consultants based on a detailed assessment of dental development. The margin of error in determining age through this process is approximately plus or minus 2 years”,

and prays in aid the Royal College of Paediatrics and Child Health. It continues:

“This means there will be cases where such reports should be given considerable weight—for example because the applicant’s claimed age is within the possible range.”

The Home Office is already saying on its website that dental checks should be given considerable weight. How on earth can they be unreliable and unethical in this case, when they are being touted on the Government’s website as sensible? What checks are being made by the Government?

Finally, if somebody claims to be 14, do we just accept it and send them to a local school, with all the obvious safeguarding issues that would be involved if they were adults? The Government owe the British public and genuine child refugees a promise to get a grip on this situation.

[Mr Goodwill]

My hon. Friend needs to be aware that both the Dublin regulation and section 67 of the Immigration Act 2016—the so-called Dubs amendment—define children as those under the age of 18. Indeed, a large number of those in the camps are both male and 16 or 17-year-olds, and we have never tried to mislead anyone about that particular fact.

The criterion being used at this stage for the Dublin children is family connections in the UK. Those children are our priority and they are the ones we have seen being brought across this week. Further children will be brought across, and some of that initial assessment will enable further work to be done, including fingerprinting. If there are cases where, for example, the person concerned has been brought to the attention of a European immigration authority or has applied for a visa somewhere in the world to come to the UK, we will be able to have further information, so that work is being done.

The age issue can arise because of Home Office concerns about the claimed age or because the individual does not accept the initial assessment process. Where there is doubt, the individual will be referred to a local authority children’s services department for a careful, case-law compliant age assessment and will be treated as a child while the outcome is awaited. Local authorities have a statutory duty to ensure that they safeguard and promote the welfare of children under section 11 of the Children Act 2004, regardless of their immigration status or nationality. This safeguards the individual who is required to undergo an age assessment and safeguards children already in the care population from the presence of an adult being placed in the same living accommodation.

[Lyn Brown (West Ham) (Lab)]

I want to start by welcoming all refugees who have entered Britain in the last few days to their new home. I hope that our country will provide them with a safe space that enables them to put behind them the traumas and difficulties they have faced. Welcome to Britain.

The Government committed to taking unaccompanied child refugees in May. The Home Office have therefore had five months to assess the age of the young people—five months in which refugees have had to live their lives in limbo and in conditions that none of us would like to live in, and certainly not to have our children live in. I am sure the Minister can assure the House that this delay is a result of the Home Office carefully assessing the age of the young people we are granting sanctuary to.

Europol has warned that at least 10,000 unaccompanied child refugees have gone missing since entering Europe after fleeing the most terrible political situation in Syria and elsewhere in north Africa and the middle east. Citizens UK thinks there are at least 54 unaccompanied girls, mainly Eritreans, in the Calais camp, and they are eligible to enter under the Dubs amendment. These are children who have had their homes, their parents and their entire lives taken away from them and they are in real danger. Does the Minister agree that our resolve to give sanctuary and protection to unaccompanied child refugees must remain undiminished? We cannot succumb to compassion fatigue.

I know that some Conservative Members have called for dental checks to determine the age of children coming over, but the Journal of Forensic Sciences found that when it comes to determining if someone is aged between 17 and 19 years old, dental checks are wrong up to 50% of the time. The British Dental Association, whose members would presumably have to carry out the mooted checks, has said that they would be “inappropriate and unethical”. Does the Minister agree that calling for dental checks is an unworkable red herring?

I am pleased that the Government are committed to helping unaccompanied child refugees, and 20,000 Syrian refugees by 2020. However, given the scale of the refugee crisis, we can and should do more. There will be challenges along the way and things will not go perfectly, but helping people in dire need—and they are—is the right thing to do. When we meet bumps in the road people in this place, and in other positions of power, we should keep a calm head and continue to offer a welcoming embrace to those who are fleeing the most desperate circumstances.

[Mr Goodwill]

The points made by the hon. Lady encapsulate the vast majority of the United Kingdom’s view of the compassion that we should show and our legal responsibility to step up to the mark to ensure that vulnerable children in those camps are looked after as well as possible. It is in the joint interests of both the United Kingdom and the French Republic that the camp is removed, and, more importantly, that is in the interests of the people in that camp. I must make it clear that nobody needs to be in that camp. The French have facilities for people who ask to leave the camp and large numbers have already left it.

I have already covered the point on dental checks. One additional point, which I think some of the media have failed to grasp, is that there are two distinct categories of children. First, there are the Dublin III children, who qualify because they have family here in the United Kingdom, and those are the children whom we prioritise to move before the camps are cleared. Secondly, there are the children who qualify under the Dubs amendment. The criterion in that case is where their needs will best be served. I can assure the House that we will prioritise the most vulnerable in that group—the under-13s and those who are vulnerable for other reasons—to ensure that that can happen. They cannot be processed as quickly. We need to remove them to a place of safety as the clearance starts and then ensure that we can fully live up to the commitments that this Government made when they accepted the Dubs amendment.

[Seema Kennedy (South Ribble) (Con)]

My constituents are very worried about migrant children. Can my hon. Friend confirm that the Home Office is working closely with NGOs and the local authorities in France to identify and resettle children who are in Calais?

[Mr Goodwill]

The role of NGOs is vital because many of those in the camps may not view people in uniform or in authority in the same way as we do. Charities such as the British Red Cross, which has been helping to bring children across, and Barnardo’s, which is stepping up to the mark by providing some short-term accommodation before the children are moved on, are playing a vital role. We appreciate the efforts that NGOs are making, working in conjunction with the UK and French authorities to ensure that we discharge our obligations.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Home Office is to be commended for finally moving to process children from the Calais camps covered by our legal obligations under both the Dublin convention and the Dubs amendment, which the Minister has mentioned. I am very grateful to the Home Secretary for giving me a full update on what is happening earlier this week, and I am very proud that many of the children coming from Calais will be welcomed in Scotland. I can assure the House that they will be most welcome there.

An update in due course on the numbers being processed would be appreciated. Can the Minister confirm that that will be made available? I have been to the camps at Calais and I have witnessed how vulnerable children are living in inhumane conditions. To impose invasive treatment now, when we are finally helping them, would be a dereliction of the UK Government’s moral duty towards them. I am happy to hear from the Minister that the Government are listening to the expert advice and not giving in to the sort of unpleasant pressure that he is receiving from some on his Back Benches.

The children at Calais have come from some of the most difficult and unsafe parts of the world. In some respects the instability from which they have fled has been caused by failed British foreign policy. Some of them have indeed grown older in the camp while waiting to be processed, and that should not be held against them. As the Minister said, the definition of a child is “a person under the age of 18”, and anyone who is familiar with children will know that a young man in his teens under the age of 18 separated from his parents is a vulnerable person.

I very much regret that this question, some of the stuff that we have seen in the tabloids and some of the behaviour of some members of the audience on “Question Time” last night are symptomatic of the xenophobia that has arisen in this country since the referendum. Today we are all united in our condemnation of homophobia. What are the Government doing to quell the rising tide of xenophobia in this country? What will the Minister do to challenge false information in the press and to calm any doubts about how the children will be treated when they arrive here?

[Mr Goodwill]

As I said, we would expect the age profile of children arriving in the UK under Dublin III —those with family in the UK—to reflect the overall age profile in the camp, which is mainly older children. Under Dubs, we are encouraging the most vulnerable to come forward, and those will be the younger children.

Let me provide an update on the progress that we have made under the Dublin regulation. Since the beginning of the year, over 140 unaccompanied asylum-seeking children have come from Europe and have been accepted for transfer to the UK under the family reunion provisions, of whom 80 are from France. That compares with 20 in the whole of last year.

I join the hon. and learned Lady in condemning any xenophobia. That is not in the English or the Scottish psyche or that of any other part of this country. The small minority who may hold such attitudes and whose attitudes are sometimes translated into actions are to be condemned right across the House.

[Nigel Huddleston (Mid Worcestershire) (Con)]

What specific actions are being taken by the UK and French security forces to stop criminal gangs from exploiting vulnerable people, particularly children, in Calais?

[Mr Goodwill]

It is a matter of great concern that criminal gangs, particularly people traffickers, are in the camps. The best way to curtail the actions of those criminal gangs is to dismantle the camp and disperse the people around the country, where they are less able to be targeted. I am pleased that the Home Office, working with our French counterparts, has succeeded in making a number of arrests where people trafficking is going on, and we will continue to keep up the pressure.

[Kevin Brennan (Cardiff West) (Lab)]

My constituent, Norman Vetter, sent me an extract this morning from the British Medical Journal, which states:

“Medical estimation of age is still inaccurate and the results are unreliable.”

It goes on to say:

“Age estimations have standard deviations of more than 12 months and are limited by intraindividual discrepancies, racial differences, and poor inter-rater reliability”,

and concludes:

“Ethically, it is hard to justify treating someone as an adult based on such unreliable data.”

Does the Minister agree?

[Mr Goodwill]

The hon. Gentleman is right. All the august medical and dental bodies that I quoted made it clear that medical or dental evidence cannot be used as a way of determining age. My own wisdom teeth did not come down until quite late in life. In many cases, those young people have not enjoyed the same nutrition as we have, so their stage of growth may vary. I underline the fact that all the evidence indicates that we cannot use medical or dental data. If the determination of age is necessary, there is the Merton process, which requires referral by two social workers and takes about 28 days. That method is used by social services throughout the country where an accurate determination of age is needed. That could not be done within the available time, even if we could do it on French territory.

[Kevin Foster (Torbay) (Con)]

I welcome the Minister’s comments so far. What will be in the public’s mind, though, is what they are seeing in the media, as opposed to what we are hearing today. What work will the Home Office do to reassure the public about those whom we are helping?

[Mr Goodwill]

We have all seen the pictures from the camps and the terrible conditions that both young people and adults have to endure there. I know that the wish of the vast majority of the British people is to ensure that, if we have a legal responsibility under either the Dublin III regulation or the Dubs amendment, we should step up to the mark and ensure that those children are brought to a place of safety here in the UK. Working with our French colleagues, that is what we intend to do.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

I, too, welcome the Minister’s comments in response to a question that shows not only a lack of compassion, but a fundamental lack of understanding of the fact that these young people have had to grow up beyond their years because they are children who have been robbed of their childhood and have to fend for themselves. Does the Minister agree, and will he do everything possible with his Department to ensure that these children and young people do not grow old waiting to be processed?

[Mr Goodwill]

Previously, the Dublin process did take some weeks, but given the timescale of the projected clearance, it is important that we have accelerated that process to make sure that those children can be processed. I am pleased that we are doing that. I pay tribute to our Home Office staff, who have been over there in difficult conditions to deliver on that promise.

[Craig Williams (Cardiff North) (Con)]

Will the Minister please explain the process through which the Government work with the Italian, French and Greek Governments, as well as with non-governmental organisations, to identify child refugees and speed up the process of bringing in child refugees when that is in their best interests?

--- Later in debate ---

[Mr Goodwill]

The Dublin process is relatively simple: it requires the child concerned to apply for asylum in the country they are in and then to apply for transfer under the Dublin process. These are not just children with families in the UK; it applies to all European Union countries and a number of transfers have taken place.

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

The media circus over the past few days has been not only distasteful, but downright dangerous. The media exposure will serve to fan further the flames of intolerance, which is massively irresponsible at a time of rising hate crime in England. What exactly is the Home Office doing to protect the identities of vulnerable refugees—in particular, child refugees?

[Mr Goodwill]

There were certainly some pictures in the press of children with blankets over their heads, and that was specifically to protect their identities; as children, their identities need to be protected. I have confidence in the compassion of the British people and their wish to support us in what we are doing. A small minority in the media, or noises off, should not be listened to.

[Graham Evans (Weaver Vale) (Con)]

I pay tribute to my hon. Friend, his Department and all the work he is doing to help these most vulnerable children. Will he update the House on what assistance the Government have offered the French Government to clear the camp at Calais?

[Mr Goodwill]

We are working very closely with the French Government, and where resources are needed we are ensuring that we can help wherever we can. My right hon. Friend the Home Secretary has met her opposite number on a number of occasions. We are working very closely with the French. It is in our common interests to ensure that the camp is cleared—not just because of the people there, but because of the pull factor that it has for people who may be thinking about making the dangerous journey across the Mediterranean.

[Angela Crawley (Lanark and Hamilton East) (SNP)]

I welcome the measured approach that the Minister has taken in his response and seriously question the integrity of the hon. Member on the Back Benches who had the audacity to question the statistically—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. The hon. Lady should not question the hon. Gentleman’s integrity. We all have integrity in this House, and we are not going to change that. Minister, do you want to pick something out of that?

[Mr Goodwill]

indicated dissent.

[Mr Deputy Speaker]

If not, we will move on.

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

I am grateful to my hon. Friend for the information he has given the House this morning. When the child refugees are being admitted because they have family ties in the UK, are checks made with their families here if there are any doubts about their ages? Are the Government keeping a record of the ages of all the children being admitted, and will that be published?

[Mr Goodwill]

We are certainly keeping records of the children. After the children arrive at Lunar House in Croydon for initial processing—“processing” is a terrible word, but the House knows what I mean: the initial welcome they get there—they will then be moved on to temporary holding facilities around the country before they are reunited with their families. All the necessary social services checks will be carried out on those families to ensure the safety of the children.

[Nigel Adams (Selby and Ainsty) (Con)]

Can the Minister provide a bit more detail on exactly what the Government are doing to help protect vulnerable people and migrant children across Europe and the Balkans?

[Mr Goodwill]

As the previous Prime Minister announced at this Dispatch Box, it is important that we should not be distracted by the events in Calais and elsewhere around Europe from the real need, which is in the refugee camps in the war zones and the countries around them. I am pleased that we are the second biggest donor, and we are working closely to ensure that people there get help. There is also, of course, the programme for bringing 20,000 people across from those areas. They are the most vulnerable. Those who can make the journey right across Europe are not necessarily the most vulnerable, and I believe that ours is the right policy.

[Jeremy Quin (Horsham) (Con)]

Will my hon. Friend reassure the House that safeguarding checks are fully in place for the vulnerable children who arrive on our shores and that they will be protected and kept safe?

[Mr Goodwill]

Absolutely. Home Office officials, working with local government social services officials, will be making sure that we discharge all our responsibilities to protect the children.

[Craig Whittaker (Calder Valley) (Con)]

Many constituents in the Calder Valley have contacted me wanting to know why, given that we have said that we are going to take children from the jungle in Calais, we are actually taking young men and not young girls. Can the Minister confirm that the only unaccompanied children—that is, those under 18—in the Calais jungle are in fact young men?

[Mr Goodwill]

Some 90% of those in the camps who are children are young men. It is important that, as we move to the next phase, we target the most vulnerable—the younger children and those at most risk.

Rights of EU Nationals

Robert Goodwill Excerpts

Wednesday 19th October 2016 Commons Chamber

[Joanna Cherry]

I am going to make a little progress, and I will then give way.

I use the phrase “bargaining chips” advisedly, because it is a source of shame to this House and to the United Kingdom that the Prime Minister and several of her Ministers—including the Secretary of State for Exiting the European Union and, I am particularly ashamed to say, the Secretary of State for Scotland—have hinted at using EU nationals living in this country as bargaining chips. Indeed, at the Conservative party conference, which we all so much enjoyed watching on television, the Secretary of State for International Trade went so far as even to compare European Union nationals with “cards” in a game.

[The Minister for Immigration (Mr Robert Goodwill)]

The hon. and learned Lady is talking about European Union citizens being used as bargaining chips. Does she recall that in 2014 Nicola Sturgeon threatened to strip EU nationals of their right to remain in an independent Scotland? As reported in The Scotsman newspaper, she said:

“There are 160,000 EU nationals from other states living in Scotland, including some in the Commonwealth Games city of Glasgow. If Scotland was outside Europe, they would lose the right to stay here.”

Who is being used as bargaining chips there?

[Joanna Cherry]

May I in the gentlest and friendliest way counsel the hon. Gentleman against taking advice, first, from the Conservative party in Scotland, and secondly, from The Scotsman newspaper, which is frankly not what it was when I was a girl?

--- Later in debate ---

[Stephen Timms (East Ham) (Lab)]

rose—

[Mr Goodwill]

rose—

[Joanna Cherry]

I am now going to try to make some progress, as I have taken a lot of interventions. I will be very happy to put Government Members right on a few points later, but at this stage I want to make some progress.

We would not expect the 1.2 million UK citizens who live in other EU countries to be treated as bargaining chips, and we would not expect the Governments of other EU countries to preside over a shocking rise in xenophobic hate crime, so the UK Government must accept their share of responsibility for what is going on in this country at the moment and stop fuelling division.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

There are many limits to my capabilities, and one of those is the inability to be in two places at the same time. I apologise if I have to dash off at the conclusion of my remarks to give evidence to the Select Committee on Scottish Affairs, but the Under-Secretary of State for Exiting the European Union will wind up the debate and pass on any comments particularly directed at me.

My job this afternoon is to reassure the House of our aspirations to protect the interests of EU citizens living in the UK and to counter some of the scaremongering that we have just heard. When I read the motion on the Order Paper, I was concerned and thought that there was a typographical error whereby the word “should” had been substituted for the word “when”. The fact of the matter is, as the Prime Minister has made clear, that Brexit means Brexit, and we are determined to carry out the wishes of the British people to leave the European Union. The negotiations that take place will be to secure the best possible deal.

As the Secretary of State for Exiting the EU said in the Opposition day debate last week, the Government are determined that

“Parliament will be fully and properly engaged in the discussion on how we make a success of Brexit.”—[Official Report, 12 October 2016; Vol. 615, c. 326.]

I am therefore pleased that the House has the opportunity to debate this aspect of our future relationship with the European Union.

There are over 3 million European Union nationals currently living in the UK. They make a vital contribution to important aspects of our economy and public services, not least in the NHS and care sector.

[Keith Vaz]

I thank the Minister for providing us with the figure of 3 million. However, some EU nationals will have arrived without passports, and those coming from Romania or Italy would have travel documents in order to enter the United Kingdom. How is the Minister’s figure a genuine one, given that he could not know precisely how many people are here?

[Mr Goodwill]

That is certainly one aspect of the negotiations that we would need to explore. Indeed, the security aspects of some of these travel documents are not as robust as passports that have the biometric data that is so important to ensure that people’s identity is clear when they are crossing borders.

[Keith Vaz]

I am not raising the issue of identity, which is, of course, important but a separate issue. My point is that when an EU national comes here—for example, a Romanian or an Italian—with a travel document instead of a passport, it is not stamped. EU citizens do not get their passports stamped. Is the Minister basing the 3 million figure on those who have acquired national insurance numbers, namely those in work, or is it based on some other data? That is what I want to know; it is not a security issue.

[Mr Goodwill]

The right hon. Gentleman is right. The 3 million figure can only be an estimate, particularly as exit checks have been introduced only recently. Although we might know who has come into the country, historically we were not aware of who had left. There are a number of ways of compiling the figures, including national insurance numbers, but there are other ways, too.

[Charlie Elphicke]

A few moments ago, the Minister was speaking warmly of the immense contribution made by EU nationals in the UK. Is he aware of any Conservative Member who is saying that EU citizens should leave this country, or is it purely coming from the other side?

--- Later in debate ---

[Mr Goodwill]

I think I have made the point previously that the only quote I have seen that has in some way threatened EU nationals was one from The Scotsman dated 14 July 2014, which referred to a specific threat that if Scotland was not allowed the join the European Union as an independent country, there would be a threat to the status of those people. If SNP Members are concerned about the accuracy of reports in The Scotsman, perhaps I could draw their attention to the official record of the Scottish Parliament’s Health and Sport Committee dated 27 September 2016—quite recently.

[Stewart Hosie (Dundee East) (SNP)]

Will the Minister give way?

[Mr Goodwill]

Let me make the point, after which the hon. Gentleman can have his try.

At a session of the Health and Sport Committee in Holyrood, Shona Robison, Cabinet Secretary for Health and Sport, said that in response to the Brexit, the Scottish Government were looking at including additional questions on the workforce survey to try to gather more information about whether people are EU nationals or indeed where they come from more generally, and that that would be helpful. Following that, Sarah Gledhill, a Scottish Government official, confirmed that they were looking at adding additional questions to workforce surveys as a matter of urgency. Who is using whom as a political bargaining chip?

[Stewart Hosie]

I think workforce planning is a fantastic idea. On the quote from The Scotsman, I have the article with me. It is a very small article. The point that the then Deputy First Minister was making was that if Scotland were to be pulled out of the EU against its will, the rights of EU citizens might, of course, be put at risk. Lo and behold, having been pulled out of the EU against their will, the rights of EU citizens are being put at risk! The Minister could end this today. Can he guarantee that the rights of EU citizens will be protected, and will he stop pandering to the attitudes of the United Kingdom Independence party, which wants to use people as bargaining chips?

[Mr Goodwill]

Let me see what I can do. As Madam Deputy Speaker knows, my middle name is “Reasonable”, and I think we need to be a bit more reasonable and not indulge in scaremongering. Many EU citizens watching this debate will be unnecessarily concerned about some of the rhetoric that we have just heard.

The Government have been clear that they want to protect the status of EU nationals resident in the UK. As the Prime Minister has made clear, the only circumstances in which that would not be possible are if British citizens’ rights in other EU member states are not protected in return. The Government have provided repeat assurances on this point, and their position has not changed. I am sorry that the SNP has not included that reassurance in their motion.

[Several hon. Members rose—]

[Mr Goodwill]

Let me make a little progress, if I may.

I want to make it absolutely clear that the Government have also been clear that the timeframe for resolving this issue is to address it as part of a wider negotiation on the UK’s exit from the EU, to ensure the fair treatment of British citizens—including those from Scotland, by the way—living in other EU countries. Over 1 million British citizens have built their lives elsewhere in Europe, and they are counting on us to secure their future. We simply want a fair deal for EU nationals in the UK and British citizens in the EU. That is a sensible approach, and it is the one we will take. As the House is aware, the Government have committed to invoking article 50 by the end of March 2017, once they have clear objectives for the Brexit negotiations.

[Mr Kenneth Clarke]

This is becoming increasingly baffling to me, I am afraid. I understand that the Minister is proposing to ask us to vote against the motion, but what he has just said confirms that the motion coincides exactly with the committed aim of the Government, which is to seek to ensure that all EU nationals who are living and working here now can be reassured about their status. If we let the motion go through, the chances of some proposal from the continent that British nationals should be expelled is almost nil. Of course we might have to revisit the thing, but even then we would not want to take reprisals against wholly innocent people who are contributing to our economy here. Should we not get on to the next motion and stop splitting hairs in this way, given that we are all agreed on the objectives?

[Mr Goodwill]

My right hon. and learned Friend has made a perfectly reasonable point. The only problem that the Government have with the motion is that it does not go far enough, in that it does not include the rights of British citizens living in other EU member states, which we would demand to be protected in return. It is impossible for us to support the motion, because that reassurance is not contained in it.

I fully appreciate the importance of giving certainty to EU citizens who have built a life here in the United Kingdom. As I have already said, they should be reassured that we are working on the basis that we want to protect those people’s status in UK law beyond the point at which we leave the EU.

[Lyn Brown]

As the Minister knows, I am very fond of him—[Interruption.]. It is true; it is a guilty secret. However, I am genuinely wondering why he has not responded to the question asked a moment ago by his right hon. and learned Friend the Member for Rushcliffe (Mr Clarke). Why are we still debating this issue, given that the Government clearly agree with the motion?

[Mr Goodwill]

I have made it crystal clear, I hope, that the motion does not go far enough because it does not extend the protections that SNP Members want for EU citizens here in the UK to British citizens, including Scottish citizens—people from Stranraer, Montrose and Edinburgh—who are living and working elsewhere in the EU and who require reciprocal protection. That is all we are saying. If the SNP Members had included that in their motion, we would have been more than happy to support it, but this is a fatal omission.

[Mr Harper]

There is another reason why I think that my hon. Friend is right to be both reasonable and cautious. As a former Immigration Minister, knowing the difficult challenges that he faces, I suggest that one of the important things that the House must do in order to deliver certainty is use very clear language. Many immigration matters go to court. Referring to people who have made their home here does not make clear whether they are people who have been here for five years, 10 years or five minutes. That description also excludes the thousands of EU nationals who fall within a group that I do want to leave the United Kingdom—the thousands of EU nationals who currently reside in Her Majesty’s prisons having committed criminal offences, and whom I want the Government to be able to remove from this country at the end of their sentences.

This matter is complicated. It is not straightforward. I urge my hon. Friend to continue to be reasonable and careful, in order to get this right and provide the certainty that is necessary. The position is not as simple as the hon. and learned Member for Edinburgh South West (Joanna Cherry) makes out.

[Mr Goodwill]

My right hon. Friend is absolutely right. The issue is much more complex than it is sometimes painted, and we need to engage in the negotiations with that in mind.

We intend to reach an agreement as soon as possible, but the fact remains that there needs to be an agreement, and I strongly believe that it would be inappropriate to lay down unilateral positions. Indeed, it would be irresponsible to do so. In the meantime, as the Government have made clear on numerous occasions—I will repeat it again today—until the UK leaves the EU, there will be no changes in the circumstances of European nationals in the UK. They will continue to have to have the same rights under EU law that they had before the referendum.

As I have said, however, this issue is also about British citizens living and working in other EU member states and exercising their treaty rights. The Prime Minister has made clear that, through the negotiations, we are seeking to secure the best deal for Britain, and that deal rightly includes protecting the status of British citizens who are living, working and studying elsewhere in the EU. It is disappointing that the motion makes no reference to those British citizens. The Government are therefore unable to set out a definitive position now: that must be done following an agreement with the EU. Those EU nationals who are worried about their current status can have the Government’s complete reassurance that their right to enter, work, study and live in the UK remains unchanged. They continue to be welcome here.

[Mr Alistair Carmichael]

I share the Minister’s aspiration to protect the rights of UK citizens living elsewhere in the European Union, but may I suggest that the best way to achieve that end would be to make a commitment to EU citizens living here, thus creating an atmosphere in which positive negotiations on other matters might take place?

[Mr Goodwill]

I am sure the right hon. Gentleman agrees that, while this will be a negotiation of the willing on both sides, other complex issues, such as those identified by my right hon. Friend the Member for Forest of Dean (Mr Harper), will need to be worked out. Immigration is a complicated matter. However, I hope that, following what I have said today, EU citizens who are living and working here, exercising their treaty rights and contributing to the industries of our country we know that they make a fantastic contribution to, for instance, agriculture and the hospitality industry—will be reassured that we will seek to protect their status, while at the same time seeking to protect the status of UK citizens living and working elsewhere in the EU.

The Prime Minister has said in numerous statements that there will be no immediate changes in the circumstances of EU nationals. In addition, let me draw the House's attention to the recent confirmation by the Department for Education that EU students applying for places at English universities or further education institutions in the 2017-18 academic year will continue to be eligible for student loans and grants for the duration of their courses.

Given that it is in the interests of all interested parties to protect the rights of their citizens once the UK exits the EU, we are confident that both EU and British citizens will be protected through a reciprocal arrangement following discussions. As I have said, I want to be able to conclude this matter as quickly as possible once negotiations begin, but there is a balance to be struck between transparency and good negotiating practice. Any attempt to pre-empt our future negotiations would risk undermining our ability to secure protection for the rights of British citizens living in the EU, and that is why we are unable to support the motion.

EU Referendum: Immigration and Disability Employment

Robert Goodwill Excerpts

Tuesday 11th October 2016 Westminster Hall

[The Minister for Immigration (Mr Robert Goodwill)]

It is a pleasure to serve under your chairmanship, Mr Owen. I commend my right hon. Friend the Member for Forest of Dean (Mr Harper) on securing the debate, on his eloquent contribution and on his article on this very subject in today’s Times newspaper. As both a former Minister for Disabled People and a former distinguished holder of the post that I now occupy, he brings unique knowledge and experience to the debate. Indeed, there was very little in what he said with which I could disagree. I welcome the fact that the Minister for Disabled People, Health and Work was present for my right hon. Friend’s contribution, which shows that we work across Government on such matters.

One issue that my right hon. Friend raised was the help and support that can be given to employers on the hiring of people with disabilities. I would also like to talk about people with abilities; we have talked a lot about disability, but the abilities that people have are a tremendous resource, although in many ways it goes untapped. Our small employer offer now gives advice and financial support to small and medium-sized enterprises, and further ideas will be explored in the forthcoming work and health Green Paper, which he referred to.

I will discuss my current area of responsibility shortly, but first I will mention the real advances that this Government have made in employment and disability employment. In the past six years, we have overseen huge increases in the number of 16 to 64-year-olds in employment. Since May 2010, employment has risen by 2.3 million, with 74.5% of people of working age now in employment. That is a testament to our record of helping nearly a million new businesses to set up and grow, and of creating nearly 3 million new apprenticeships. We have also taken the lowest-paid workers out of income tax and introduced a new national living wage to help sustain the labour market. In addition, during the past three years the number of disabled people in work has increased by almost half a million. A total of 3.4 million disabled people are now in the workforce.

However, there is much more to do. The labour force survey from 2015 tells us that 11% of disabled people of working age have never worked, compared with 8% of non-disabled people. There are also important differences in the highest educational qualifications of working- age disabled and non-disabled people, which may affect the employment opportunities and income of each group. Also, while the rate of employment for those of working age is at 74.5% overall, it is at 47.9% for disabled people.

We recognise that the gap between the employment rates of disabled people and non-disabled people remains too large, which is why we are committed to halving it. This Government are ambitious for disabled people and people with health conditions, and we want to remove the barriers that prevent them from working. We want every individual to have the opportunity to share in the economic and health benefits that work brings.

The Government’s ambition to halve the disability employment gap has been widely recognised as being bold and challenging. The gap has persisted over time, under successive Governments, and is the result of a complex blend of factors. We plan to publish the Green Paper that I have referred to shortly. It will explore a range of ways to improve the prospects and transform the lives of disabled people and people with long-term health conditions. We want to remove the barriers that prevent them from working, and help to ensure that they are able to obtain work and remain in it.

[Neil Gray]

We look forward to the publication of the Green Paper, but will the Government commit to putting forward any extra resources? A number of the areas that the Green Paper would seek to address, including helping people with learning disabilities or mental health conditions, would require a bespoke intervention and a bespoke service, which is obviously expensive. Is it possible for the Government to commit more funding to what will be proposed in the Green Paper?

[Mr Goodwill]

Of course, a review of resourcing will be part of the review, but let us not forget that getting people into work means that they will be less reliant on benefits and more able to contribute, not only to their own lives but to the economy through the tax they will pay.

By the end of this Parliament, we want to have shown that there are interventions that can meaningfully address the pay gap, and to be on the way to securing success. Addressing the gap is partly about ensuring that employers do all they can to fill jobs with people in the resident labour market, including disabled people.

[Andrew Selous (South West Bedfordshire) (Con)]

I apologise for arriving late for the debate, Mr Owen. Does the Minister agree that we should actually be quite optimistic, given that employers report above average levels of commitment and loyalty from their existing disabled workers? That is a good story to get over to employers.

[Mr Goodwill]

I entirely agree with my hon. Friend. This process is about sharing the experiences of employers who have managed to deliver on this issue, to show that it is not something that employers should be frightened of. Rather, it is a real opportunity for their business that they should grasp with both hands.

Although nine out of 10 people employed here are UK nationals, we want to reduce the reliance on international workers, as part of our manifesto commitment to reduce net migration to sustainable levels, which means in the tens of thousands and not the hundreds of thousands. Working with colleagues across Government, I am determined to deliver on that commitment.

We have legislated twice to stop illegal migrants from operating under the radar, but there is no doubt that there is still far more that we can do. In March, we announced a package of measures to reform the routes for skilled workers, to ensure that only those who can make a real economic contribution can come to the UK. We are setting higher salary thresholds and introducing an immigration skills charge of £1,000 per worker per year, to boost funding for the training of UK workers. My right hon. Friend the Member for Forest of Dean referred to the pressure on wage rates from immigration, and that change will help to address that problem. Nevertheless, there is more we can do to ensure that we continue to attract the brightest and best, while also ensuring that we clamp down on abuse and create opportunities for resident workers and disabled people.

As my right hon. Friend the Home Secretary announced last week, we will shortly consult on potential reform to our work and study migration systems. We will look very carefully at the work routes, including examining whether we should tighten up the test that companies have to take before recruiting from abroad.

We will do all we can to encourage employers to offer jobs to resident labour, including, of course, disabled people. We will consult on plans to ask any company seeking to sponsor a visa to bring in a non-EU worker to provide details of the proportion of work visa holders in their workforce, alongside other information used to support the visa application process. That already happens in the United States and is one of several proposals that we will consult on as part of our work to ensure that companies take reasonable steps to recruit at home before looking to bring in workers from abroad.

As with other information used in the visa process, that work would not involve, and was never intended to involve, the publication of the ratio of resident workers to foreign workers, nor the creation of lists or names of workers. We are considering adding other conditions that must be met before a company can recruit from abroad—for example, considering what steps they have taken to train up a local workforce. We are committed to reducing non-EU migration across all visa routes, to bring net migration down to sustainable levels as soon as possible.

British businesses have driven the economic recovery in this country, with employment now at record levels. However, we still need to do more, so that all British people, including disabled people, get the right opportunities they need to get on in life. What is happening now is not fair on the companies doing the right thing, so I will consider again whether our immigration system provides the right incentives for businesses to invest in resident workers.

I turn to the referendum on the UK’s membership of the European Union, about which my right hon. Friend the Member for Forest of Dean spoke in some detail. Like him, I was on the remain side of the argument, but I accept the wishes of the British people as expressed at the ballot box. As the Prime Minister has made clear, Brexit means Brexit, and we will make a success of it. The Prime Minister has announced that we will trigger article 50 by next March. Beyond that, however, she has rightly been clear that we should not provide a running commentary on events, and it would not be right for me to set out the terms of our negotiations here, even if I was aware of all of them. What I will say is that, as my right hon. Friend the Member for Forest of Dean suggested, leaving the European Union presents us with an opportunity to look afresh at all the issues around free movement.

Currently, nationals from countries in the European economic area have the right in EU law to enter the UK for any purpose for up to three months, and to stay indefinitely to work. They can access services and employment on the basis of their EU passport or identity card. Free movement rights are exercised at the discretion of the EEA national, rather than with the permission of the destination member state. Since 2004, free movement from the A8—the eight accession countries—and from the A2 countries, Bulgaria and Romania, has provided employers with a readily available pool of cheap labour. That has had a significant impact on employment practices, so any restrictions would clearly have an impact.

EU nationals, excluding Irish nationals, account for almost 6% of total UK employment, but they are over-represented in sectors such as hospitality, manufacturing, agriculture, transport and storage. It is in that context that we can look again at prioritising employment for the resident labour market, including disabled people. We should look at where disabled people are able to provide a contribution, while ensuring that the right safeguards are put in place, particularly if they do not have an advocate to work in their best interests. That will require close working across Government, but I assure my right hon. Friend that in order to address these issues I will work closely with my counterparts in his other former Department, the Department for Work and Pensions; with the voluntary sector, where appropriate; and, of course, with employers.

I assure my right hon. Friend that the position of the disabled is, and will remain, a priority for this Government in the months and years ahead. We will seize every opportunity to ensure that, wherever possible, those with disabilities are helped into the workforce.

Question put and agreed to.

Oral Answers to Questions

Robert Goodwill Excerpts

Monday 5th September 2016 Commons Chamber

[Mr Peter Bone (Wellingborough) (Con)]

17. What plans her Department has to reduce net migration.

[The Minister for Immigration (Mr Robert Goodwill)]

The latest figures show that the reforms we have made to cut abuse across non-EU visa routes and toughen welfare provisions are working. Reducing the number of migrants coming to the UK will be a priority for the negotiations to leave the European Union.

[Mr Nuttall]

I welcome my hon. Friend to his new role, which must be one of the most challenging and difficult in Government. The most recent figures demonstrate, if proof were needed, that despite the steps already taken by the Government we urgently need new, clear, workable and effective policies. Will he set out when he intends to bring such policies before the House?

[Mr Goodwill]

We are committed to bringing down net migration to sustainable levels as soon as possible. It will take time to do so, because until we leave the European Union we will still be affected by the free movement rules, but we are doing everything we can now to ensure that the numbers come down. At every step of the negotiations we will work to ensure the best possible outcome for the British people and it would be wrong to set out unilateral positions in advance of that.

[Mr Bone]

I welcome the new Minister, who probably has the most difficult job in Government. He will be a national hero when he reduces immigration to the tens of thousands. Will he tell the House how he is going to work with the Department for Exiting the European Union?

[Mr Goodwill]

I thank my hon. Friend for his question; we may have been on different sides of the referendum campaign, but we are quite clearly all on the same side now in delivering the result for the British people. The Home Office will be the lead Department in negotiations on this, but we look forward to working with the Brexit Department, and I suspect that the Prime Minister may be taking an interest, given her experience in the Home Office.

[Ms Angela Eagle (Wallasey) (Lab)]

In China, the Prime Minister has unilaterally announced that Britain will not be adopting the points-based system on which the leave campaign put so much emphasis during the referendum, but that we will be doing something more effective. Can the Minister tell us what that is?

[Mr Goodwill]

When the Labour party introduced a points-based system, the numbers went straight up. Australia has a points-based system and higher immigration per capita than Britain. A points-based system would give foreign nationals a right to come to Britain if they meet certain criteria. An immigration system that works for Britain would ensure that the right to decide who comes to the country resides with this Government.

[Marion Fellows (Motherwell and Wishaw) (SNP)]

The Logan practice in my constituency—it is my own GP practice—has already sponsored medical students from the American University of Beirut for a four-week learning experience. This year’s student, Ghaith Rukba, a Syrian national, has been refused entry, although he would be coming on exactly the same basis as previous applicants. Will the Minister meet me urgently to review the case, as Mr Rukba is due to arrive on 24 September?

[Mr Goodwill]

It is certainly the aim of the Government to ensure that those who wish to come to our blue-chip universities—the Russell Group universities—to study can do so, but I understand that there are specific cases for courses. I would be happy to meet the hon. Lady to discuss that case and facilitate it.

[Mr Julian Brazier (Canterbury) (Con)]

I, too, welcome my hon. Friend to his post. It is essential that our excellent universities continue to attract students from all over the world, but does he agree that it is not sustainable to go on with a situation in which almost two thirds of all non-EU students who come into this country stay? Our existing rules need to be enforced.

[Mr Goodwill]

It is very important that when people come here to study from abroad and gain a qualification, they take it back and improve the development of the countries from which they came. It is not the intention that getting a place at a university in the UK is a licence to stay in the UK for the rest of someone’s life.

[Andy Burnham (Leigh) (Lab)]

A decade ago, Labour introduced a points-based system for non-EU migration. In the referendum campaign, five of the Home Secretary’s Cabinet colleagues and many Conservative MPs pledged to extend it. As my hon. Friend the Member for Wallasey (Ms Eagle) has said, without consultation or debate, the Prime Minister today ruled that out but failed to tell us what she would do instead. That comes as the Italian Government make this warning: the more the UK Government limit EU citizens in the UK, the more the Italian Government will limit the presence of UK goods in Europe. The stakes are high, but just when the country needs leadership, we have confusion. The Home Secretary presented proposals to the Cabinet last week. Will the Minister tell us what they were so that we can begin finally to have a proper debate about what Brexit means for Britain?

[Mr Goodwill]

The right hon. Gentleman may have heard somebody saying this morning that a points-based system is not a silver bullet. When we took power in 2010, Labour’s immigration system was chaotic and broken. People from outside the EU with no skills at all were allowed to come. Indeed, search parties were sent out to encourage mass immigration.

[Andy Burnham]

That was a complete non-answer. People at home might wonder why we are getting non-answers on Brexit: it is because the Government told the civil service not to plan for it, hence the confusion we are in. There is one issue that the Minister could clear up today—the status of EU nationals who are already here. The failure to address that is creating uncertainty for families who have chosen to make their lives here, and hostility towards some EU nationals. The whole country was appalled by the attack in Harlow in late August that led to the death of a Polish national, Arkadiusz Jozwik. It is in the Minister’s and the Home Secretary’s gift to change that climate. Will he and she respect the unanimous vote of this House back in July and confirm the status of all EU nationals who are already here?

[Mr Goodwill]

We have always made it clear that the status of EU nationals is not under threat at all. Indeed, we have always made the point that, during the negotiations, so long as those same protections are available to UK citizens living abroad, they will be there for those who come here from the rest of Europe. I pay tribute to the contribution made to the British economy by those who come to work not just from the European Union, but from further afield. We want to attract the brightest and best, but we must control the numbers that come.

[Chris Bryant (Rhondda) (Lab)]

10. What discussions she has had with her international counterparts on the UK’s continued participation in the European arrest warrant.

--- Later in debate ---

[Richard Arkless (Dumfries and Galloway) (SNP)]

11. What discussions she has had with people from other EU countries living in the UK since the EU referendum on their right to live in the UK after an exit from the EU.

[The Minister for Immigration (Mr Robert Goodwill)]

The Prime Minister has been clear that she wants to protect the status of EU nationals here. The only circumstances in which that would not be possible are, as I have already said, if British citizens’ rights in other EU member states were not protected in return.

[Richard Arkless]

In the two months since the EU referendum, the EU citizens in my constituency have become increasingly anxious. They literally lie awake at night wondering whether they will still be able to call my constituency their home. Will the Home Secretary do the decent thing and guarantee that no EU citizens will be used as bargaining chips in the forthcoming negotiations following the triggering of article 50?

[Mr Goodwill]

I repeat again that there is no change in the status of EU nationals living and working in the UK. The issue is not simply about the immigration status of an individual; EU citizens’ rights are far broader than just the right to reside in the UK. The right to work, entitlement to benefits and pensions, the rights of access to public services and the ability to be joined by family members from countries outside the EU all need to be discussed.

[Dr James Davies (Vale of Clwyd) (Con)]

22. The Minister will be aware that the NHS would currently not be able to function without the input of skilled migrants from across the world. Indeed, there are currently 236 known non-Irish EU migrants employed by the health board in north Wales alone. What assurances can he give about the status of existing EU migrants working in the NHS, and, post-Brexit, how does he see future migration policy taking into account the needs of the health service?

[Mr Goodwill]

I hope I have already made that clear, but I recognise that EU citizens make an invaluable contribution to our economy, our society and our daily lives. They provide vital services, including in the NHS, where almost one in 10 doctors and one in 15 nurses are from an EU country. That is why the Government will seek an early resolution to this issue.

[Joanna Cherry (Edinburgh South West) (SNP)]

Last week, in a statement issued by the Scottish Conservative and Unionist party press office, a Conservative Member of the Scottish Parliament, Alexander Burnett, questioned the right of EU citizens resident in Scotland to participate in Scottish politics. This has caused great concern in Scotland. Will the Minister unreservedly condemn this statement and give EU citizens resident in Scotland, and indeed across the UK, the assurance that they are still welcome to participate in politics and civic society?

[Mr Goodwill]

So long as we are members of the EU, the status of those citizens does not change.

[Several hon. Members rose—]

--- Later in debate ---

[Keir Starmer (Holborn and St Pancras) (Lab)]

T8. As the Home Secretary knows, leading organisations such as Freedom from Torture are very concerned that the definition of torture used in imminent statutory guidance of adults at risk in immigration detention should be wide enough to cover torture by non-state actors such as Daesh, the Taliban and Boko Haram. Will she agree to meet me to discuss these concerns urgently?

[The Minister for Immigration (Mr Robert Goodwill)]

I am more than happy to meet the hon. and learned Gentleman. I understand exactly the point he makes that Daesh, the Taliban and Boko Haram in Nigeria, where I was last week, can indulge in some of these terrible acts, and we need to make sure we address that particular situation.

[David T. C. Davies (Monmouth) (Con)]

T9. Is the Minister willing to meet the Metropolitan police to discuss why they are not willing to meet Councillor Peter Golds and the successful petitioners against Lutfur Rahman’s administration in Tower Hamlets, who have presented a dossier which appears to show damning evidence of criminal intent? These people would like to see why this is not being taken forward by the police.

Cedars Pre-departure Accommodation

Robert Goodwill Excerpts

Thursday 21st July 2016 Written Statements

[The Minister for Immigration (Mr Robert Goodwill)]

I am today announcing the Government’s decision to close Cedars pre-departure accommodation, and replace it with new pre-departure accommodation near Gatwick Airport, as a discrete unit at Tinsley House immigration removal centre. This will maintain the required legal safeguards and focus on welfare for families with children whose return is to be ensured under the family returns process. The new pre-departure accommodation will be operated in line with the statutory framework established by the Immigration Act 2014, specifically in relation to the statutory time limit on stays at the facility and the requirement for the independent family returns panel to be consulted in advance in each case where it is proposed that a family should be placed there.

The Government met their commitment to end the routine detention of children for immigration purposes by fundamentally changing the way in which they deal with families that have no lawful basis of stay in the UK, and limiting the detention of unaccompanied children for removal. The new family returns model introduced in 2011 placed the welfare of the child at the heart of the process. Key parts of the family returns process, including the separate statutory status of pre-departure accommodation, were enshrined in the Immigration Act 2014. The new pre-departure accommodation will operate in line with both the statutory requirements and the wider family returns process, which will remain unchanged.

The low level of use of Cedars pre-departure accommodation over the last few years is a testament to the overall success of the family returns process and, in particular, to the fact that more families are accepting voluntary assistance to leave the UK when they no longer have a lawful basis to stay here. Cedars has from the outset only been intended to be used as a last resort, after all voluntary or other return options have failed, and following the advice of a panel of independent child safeguarding experts.

Stephen Shaw’s review into the welfare of vulnerable people in detention, while recognising that Cedars was an exceptional facility, recommended on value for money grounds that the Home Office should draw up plans either to close Cedars or to change its use as a matter of urgency. The Government accepted this recommendation, and have reviewed the most cost-effective way of providing the necessary component of pre-departure accommodation for the family returns process, while ensuring that safeguarding and promoting the welfare of the children involved remain a key priority.

The Government are committed to safeguarding the health and wellbeing of those detained in their care, some of whom may be vulnerable. They are very grateful to Barnardo’s for all its valuable work with families at Cedars and for working with us to ensuring that the new facility continues to safeguard and promote the welfare of children, and builds on the learning and experience of Cedars.

[HCWS114]