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

Debate between Stuart C McDonald and Alison McGovern

Committee Debate: 10th sitting: House of Commons
Tuesday 5th March 2019 Public Bill Committees

[Alison McGovern]

Of course it does. I use the broad sweeping terms of arts and culture, but each of the composite parts of the British arts and cultural industry will have its own specific problems. It is easy for us to ignore it, but for a theatre producer who is looking to tour with a dance company, the ending of free movement will be highly significant.

That is even before we get to science-based industries. We have all received many representations from science-based industries that spin out of research programmes that are connected not just to EU funding, but to scientists’ ability to work easily across the continent of Europe. The Government say that they wish to support science and technology, because it is the British way to improve our economy by inventing new things—we are, of course, the home of the computer. However, free movement is an integral part of that, and it has offered the science-based industries a great ability to draw staff in from among the best in Europe, wherever they are.

Finally, we ought to consider, and the Government ought to monitor, the policy’s impact on manufacturing. The Government have argued that their policy on Brexit—specifically, ending free movement and coming out of the single market—will somehow support manufacturing. UK citizens who work in manufacturing often want to grow their skills and see, understand and manage manufacturing plants across the continent of Europe. They want to understand how things are done differently elsewhere and bring those skills back to Britain. To ignore the barrier to future manufacturing prosperity that the policy will create is to ignore an important impact of the ending of free movement.

We know far too little about the impact of immigration on our local economies. There is no evidence of a statistically significant relationship between EU immigration and employment rates or wages. We do not have enough evidence about the impact of those things on local economies, despite the political rhetoric. The Government have a duty to do better, and I hope the Minister will support my suggestion.

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

I was going to speak to new clause 43, which covers largely the same ground as new clause 13. The latter clause is probably better drafted, and the hon. Lady has given a comprehensive speech in support of it, so I will simply say that I approve of everything she has said.

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

Debate between Stuart C McDonald and Alison McGovern

Tuesday 5th March 2019 Public Bill Committees

[Stuart C. McDonald]

My original intention was to speak in support of new clause 34, but having considered the matter I have to say that new clause 10, which also covers family members of non-EEA nationals, is better drafted, so I will speak briefly in support of it instead. Hats off to the shadow Ministers for getting it right when I have not.

I echo everything said by the hon. Member for Sheffield Central. He is right to characterise this not just as a failure to grant the right to appeal, but as the taking away of the right to appeal currently available to EEA nationals under European law. I remind the Minister that the Home Office statement of intent, published in June last year, said:

“Primary legislation is required to establish a right of appeal for the scheme, but subject to Parliamentary approval, we intend that those applying under the scheme from 30 March 2019 will be given a statutory right of appeal if their application is refused. This will allow the UK courts to examine the decision to refuse status under the scheme and the facts or circumstances on which the decision was based.”

The question is simple: why is that appropriate if there is a deal, but not appropriate if there is no deal? There should be a right of appeal regardless of whether a deal is reached. The distinction is absolutely unjustified.

From the point of view of principle and practice, appeal rights are hugely significant in immigration law. It is about the separation between those who review a decision and the decision makers themselves, and about not allowing the Home Office to mark its own homework, thereby ensuring a fair and independent hearing. It is also about the fact that the Home Office simply gets it wrong far too often. Before the current Prime Minister started her slash-and-burn approach to appeal rights, half of Home Office decisions were being overturned by the tribunal. Administrative reviews and judicial reviews are a sub-standard alternative.

Finally, we have to bear in mind that these decisions will have hugely significant consequences for those individuals affected. If the decisions are wrong, the consequences could be catastrophic. It is a small ask to ensure that they have appeal rights, regardless of whether a withdrawal agreement is reached.

[Alison McGovern (Wirral South) (Lab)]

I want to add to what the shadow Minister, my hon. Friend the Member for Sheffield Central, and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East have said about the importance of appeal rights. All of the new clauses make the same point. We all have suspicions that if the question of appeal rights is left unanswered, the process for EU citizens who need to apply for settled status might go terribly wrong.

There are two facts at the heart of this argument: first, the quality of Home Office decisions and the magnitude of the impact of the policy decision to end free movement; and secondly, the impact on a large number of people—some 3 million people and their families—in this country. We should not proceed without ensuring that protection is put in place in case the process goes wrong.

It seems absurd to have to offer any evidence of the quality of decisions taken by the Home Office, because as constituency Members of Parliament we deal fairly regularly with their inadequacy. That is not a comment on the Minister, who I have no doubt does her best to exercise good judgment on the issues put before her, but she has to do that far too frequently because of the poor quality of decisions taken, by and large, by the Home Office. This is not to point out the failings of individuals, either. I simply think that, systemically, the Home Office is not able to cope with the job that we task it to do.

We know that from recent media reports. We have already heard that when the Home Office appeals against immigration court decisions on asylum, it loses 75% of the cases. Mr Justice McCloskey, former president of the upper tribunal, said that the Home Office had launched one appeal

“on a wing and a prayer…It was manifestly devoid of any substance or merit and should have been exposed accordingly.”

The Law Society has described the Home Office processes as “seriously flawed”, and 50% of all appeals are upheld across the wider immigration and asylum system. We all know this to be true; these facts barely need repeating.

Unaccompanied Children (Greece and Italy)

Debate between Stuart C McDonald and Alison McGovern

Thursday 23rd February 2017 Commons Chamber

[Alison McGovern]

rose—

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

rose—