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

Sally-Ann Hart Excerpts

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

[Sally-Ann Hart (Hastings and Rye) (Con) [V]]

Importantly for this country, which has always welcomed immigrants, the Bill will enable the alignment of treatment of EU and non-EU citizens as part of our future immigration system. The Bill reflects the concerns of the British people and ends free movement, giving everyone the same opportunity to come to the UK, regardless of where they come from. In line with our manifesto commitments, there will be no automatic route into the UK for foreign workers with few formal qualifications. We can attract the talent and skills from around the world that our economy needs as we emerge from coronavirus. The new, fair immigration system will be flexible and in line with advice from the Migration Advisory Committee, which will keep the occupation shortage list under regular review to ensure that it reflects the needs of our labour market.

Immigration will no longer be used as a replacement for investment in the domestic British workforce. We have an abundance of talent and skills in this country, which must be developed and utilised. Most of us, except for those who support open borders, believe that countries should have an unalienable right to decide who gets to enter their land for work. To seek and strive for such a right does not make us anti-immigrant—quite the opposite. The UK is made up of a rich tapestry of people, and as a country we are the better for it. It is right that people from all over the world are treated fairly and equally, so far as immigration into this country is concerned, under our rule of law. We have a rule of law allowing legal immigration from non-EU countries, but it has far too often been exploited by illegal immigrants and people smugglers and traffickers. It is not right that those who have arrived here illegally are seen by some to have a presumptive right. People who avoid the law are not acting within the law, and are therefore acting illegally.

I welcome the introduction, from the end of the transition period, of a single, consistent and firmer approach to criminality across the immigration system. In my constituency of beautiful Hastings and Rye, we have seen hundreds of migrants land on our shores in small boats from France, most recently at Pett Level at the weekend. They are not refugees, as some insist on calling them. They are migrants, who move for a variety of reasons but who generally make a conscious choice to leave their country to seek a better life elsewhere. They are free to return at any time if things do not work out as they had hoped or if they wish to visit family members and friends left behind.

Refugees are forced to leave their country because they are at risk of, or have experienced, persecution. Their concerns are of safety and human rights, not economic advantage, and as such they seek asylum in the first safe country that they arrive in. Many have experienced trauma or have been tortured, causing them to risk their lives in search of protection. They are not free to return to their homelands unless the situation that forced them to leave improves.

Worryingly, we have seen unaccompanied children arrive who are thought to be victims of trafficking. The people who have been landing on our beaches are coming over from France via unauthorised, illegal crossings, having paid thousands of pounds to a criminal—a people smuggler—to do so. I want to be clear: we must press down hard on those exploiting the vulnerable and using them as part of their human trafficking system. Those making the perilous journey across the English channel are risking their lives by doing so, and we must discourage these journeys. We must ensure that those caught up in human trafficking gangs and smuggling rackets are protected and that those orchestrating the journeys are stopped.

France is a safe country. They are not fleeing persecution. Under EU law—the Dublin regulation—asylum must be sought in the first country people arrive in. Furthermore, many have travelled through a number of safe European countries before arriving in France and then going on to UK. If we do not emphasise the difference between migrants and those seeking asylum or refuge, it promulgates misconceptions about the most vulnerable—the refugees, for whom we need to provide the best possible sanctuary. We need to safeguard and expand refugees’ rights and protect them.

Ultimately, we need to ensure that the British public have trust in our immigration system and remain welcoming of legal immigrants and refugees. That can be achieved with the new, robust, fair and independent migration system controlled by the United Kingdom, making sure that illegal migrants do not have not a presumptive right to stay—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. The hon. Lady has exceeded her five minutes.

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

Sally-Ann Hart Excerpts

Consideration of Lords amendments & Ping Pong & Ping Pong: House of Commons
Monday 19th October 2020 Commons Chamber

[Wera Hobhouse (Bath) (LD)]

Like other hon. Members, I rise to speak to Lords amendments 4 and 5. Lords amendment 5 would ensure that EU citizens received physical proof of settled status if they request it.

The Government have responded to calls for physical proof by saying that digital status

“cannot be lost, stolen, damaged or tampered with.”

What a great argument. Why don’t we move to digital passports next? For EU citizens living in the UK, their settled status certification could soon have similar importance to a passport. Also, the Government’s response is simply not true. Digital data is regularly lost and stolen. It is also not true that digital data cannot be damaged or tampered with. The3million has heard of just that from an EU citizen—the photograph of her digital status has been swapped with another, without her knowledge or consent.

Some 22% of people do not have the essential digital skills for day-to-day life in the UK. Those who struggle with digital skills will not be able to access their status when they need it without further help. It will mean widespread discrimination in a number of areas from finding employment or a place to live to opening a bank account. A survey from the Residential Landlords Association found that 20% of landlords are less likely to consider renting to EU or EEA nationals simply because it is becoming very complicated. Is it any wonder that the lack of physical documentation is causing real anxiety? Digital simply does not work. Lack of physical documentation will have very real consequences for EU citizens living in the UK. Amendment 5 simply ensures that EU citizens have the same quality of life, housing and employment. The callous disregard of this Government for people and their rights because we have left the EU has been sickening, and I simply do not believe that that is what the British people voted for.

I urge Members to protect children and families by supporting amendment 4. I simply cannot understand the cruelty that has driven this Government to decide not to guarantee family reunion. What has become of this once tolerant nation whose rules were based on a humane response to tragedy and hardship? All too often, it is now children who lose their lives in the dangerous attempts to be reunited with a family member. Those children are already traumatised by conflict, loss of family members, destitution and fear for their lives. Families must be together, and the UK should guarantee that. Removing safe and legal routes to the UK is cruel and counterproductive. Again, this is such a shame given that we once had a humane and compassionate response to people in hardship. It simply increases the risk of dangerous journeys and exploitation by criminal gangs and we have already heard much about that this evening.

Research from the UN High Commissioner for Refugees shows that children are especially likely to resort to people smuggling when access to family reunion is delayed or at risk. What is more, our communities are ready to support unaccompanied children, to give them a home and a chance to rebuild their lives. Councils have pledged 1,400 places for unaccompanied child refugees in Europe if only the Government would provide them with a legal route. It is inexplicable that this Government are not prepared to support the efforts of councils and local people whose hearts are simply in the right place. We have a choice about the sort of country that we want to be: do we callously turn our backs on those most in need, or do we uphold the values of compassion and humanity? I have not given up on urging the Government to listen to compassion and humanity. I urge the Government and Members across the House to please do the right thing.

[Sally-Ann Hart (Hastings and Rye) (Con)]

I welcome this Bill, which ends free movement, takes back control of our borders, delivers on people’s priorities and paves the way for a modern, fairer, points-based immigration system that will welcome skilled workers from across the world to contribute to the United Kingdom’s economy, communities and public services.

I want to consider the amendment that proposes that children of EEA and Swiss nationals who are in care or entitled to care leavers’ support are granted automatic indefinite leave to remain under the EU settlement scheme. The Government have legislated through the EU withdrawal agreement Act to protect the residence rights of EEA and Swiss citizens and their family members who are in the UK by the end of the transition period. In addition, the Government fully opened the EU settlement scheme to such citizens and their family members in March last year.

The concern is that if eligible children are not identified and supported into the scheme, they will be at risk of being left here unlawfully through no fault of their own. This amendment would give EEA and Swiss children who are currently in the UK a default safety net to qualify under the EU settlement scheme if it were later found out that the necessary paperwork had not been lodged at the appropriate time by either a social worker or a local authority. No matter the circumstances in which these children find themselves here, they are innocent and, on the face of it, this amendment would be a sensible and humane measure to take. We cannot have another Windrush-type situation where children who have been legally in the UK for most of their lives apply later for a job or for accommodation as adults, only to find that there is no trace of them through no fault of their own.

It is of concern that looked-after children and care leavers who currently call the UK home are at risk of being left undocumented if they do not receive settled status through the EU settlement scheme. The Government have acknowledged that just 40% of identified looked-after children and care leavers have had applications made on their behalf some 18 months since the launch of the EU settlement scheme, which is extremely worrying. However, the Government have confirmed that they have focused on working closely with local authorities to ensure that vulnerable groups get UK immigration status under the scheme. I urge them to continue to support local authorities in those endeavours.