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

Taiwo Owatemi Excerpts

Committee stage & Committee Debate: 2nd sitting: House of Commons
Tuesday 9th June 2020 Public Bill Committees

[Mr Goodwill]

Q Will the Bill give us the power to do that more?

David Goodhart: It will make flows more predictable, because they will be under our control. If, as I was saying right at the beginning, it turns out that the system is, in a sense, too liberal, it can be made less liberal and the numbers can be brought down, because people coming in need to have a visa; they are not coming in willy-nilly.

This also has an impact on the integration story. If your immigration going forward is overwhelmingly skilled workers and students—there will still be areas like asylum where this does not count—you are talking about mainly highly skilled people who will, at the very least, speak English well, which is a pretty important thing when it comes to integration.

[Taiwo Owatemi (Coventry North West) (Lab)]

Q My first question is to British Future. You said earlier that the public’s biggest concern in immigration is ensuring that they are treated fairly. Do you believe that the Bill will allow EU citizens to be treated fairly?

Jill Rutter: This is very much a skeleton Bill, and most immigration policy is determined in immigration rules. It is an issue in itself in that there have been thousands and thousands of immigration rule changes since 2010. The rules are presented to Parliament, which can only accept or reject them. No MP—even those well versed in immigration policy—can keep up with all the changes in the rules. We need to think about root-and branch-immigration reform. I do not think the current commission on simplifying the immigration rules will come up with the answer.

Perhaps we should look at what social security does. Social security is another complex area where most policy is determined in secondary legislation. There is the Social Security Advisory Committee—independent experts who scrutinise the law and make recommendations in plain English to Parliament—but we need a proper system of scrutiny. I cannot really answer your question about the Bill itself, because most of what will happen will be determined in either the rules or the operation of immigration law in the Home Office.

The last thing to say is that you cannot have an efficient immigration system on the cheap. Britain does very well in the speed at which it processes visas and citizenship cases compared with many other countries, but it performs badly when it comes to asylum cases. We need a properly resourced Home Office and for staff to be trained and supported, too.

[Taiwo Owatemi]

Q Given that the Bill will affect a large number of EU nationals living in the UK, how can the Government ensure that those affected are aware about the effects of the Bill on their daily lives?

Jill Rutter: The Government have invested quite a lot in terms of informing people about the EU settlement scheme. However, that information campaign needs to be extended, particularly when we come close to the cut-off date, and it must be methodical. There should be an information campaign, but we should also use employers and councils, people who actually have contact with EU citizens, to disseminate information. Employers could do a lot with their work force.

David Goodhart: May I make a point on this? One thing the Government should be looking out for down the road is that it is almost certainly the case that a few thousand people, possibly even tens of thousands of people, will not be captured by the EU registration scheme for whatever reason. The truth is that we are going to have a de facto amnesty for those people. That sets a precedent, and I imagine there will be all sorts of challenges, in that people representing the interests of non-EU illegal immigrants are going to say, “Well, these people are in effect illegal now, and yet you’re giving them an amnesty. What about us?” There are estimated to be about 1 million illegal immigrants in this country, so there is a potentially a legal minefield ahead of us on that one.

[The Chair]

Right. I think that ends our session. Thank you very much to our witnesses for coming and giving your evidence. We are very grateful.

Examination of Witnesses

Bella Sankey and Adrian Berry gave evidence.

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

Taiwo Owatemi Excerpts

Committee stage & Committee Debate: 4th sitting: House of Commons
Thursday 11th June 2020 Public Bill Committees

[Holly Lynch (Halifax) (Lab)]

I beg to move amendment 13, in clause 4, page 3, line 8, at end insert—

“(5A) Regulations under subsection (1) must provide that EEA nationals, and adult dependants of EEA nationals, who are applying for asylum in the United Kingdom, may apply to the Secretary of State for permission to take up employment if a decision at first instance has not been taken on the applicant’s asylum application within six months of the date on which it was recorded.”

May I say what a pleasure it is to serve under your chairmanship again this afternoon, Mr Stringer? The amendment would give European economic area and Swiss nationals who apply for asylum in the UK the right to apply to the Secretary of State for permission to work if a decision has not been taken on the applicant’s asylum application within six months of the date on which it is recorded as having first been made.

The amendment is the legislative outcome of the Lift the Ban campaign, a movement headed up by Refugee Action and with the support of more than 200 organisations, including the likes of Oxfam and the British Red Cross; trade unions, including the National Education Union, Unison and the TUC more broadly; industry players such as Ben & Jerry’s and the Confederation of British Industry; and organisations such as the Adam Smith Institute. We worked on the drafting of the amendment with Refugee Action, as well as with legal professionals, and we are of course truly grateful, as ever, to the Committee Clerks. The proposal is limited to EU nationals to ensure that it falls within the scope of the Bill.

This amendment was tabled by my hon. Friend the Member for Stretford and Urmston in the Bill Committee on the previous version of this Bill during the 2017-19 Parliament. At that point, the Government argued that the UK is allowed to treat an asylum claim made by a citizen of an EU country as automatically inadmissible unless exceptional circumstances apply, and that a claim made by a non-EU EEA national would be considered on the basis that it is likely to be clearly unfounded. The implication was that there would be no one who would benefit from the amendment, and in any case treating asylum seekers from the EEA differently from those from the rest of the world on the grounds of their nationality was not only illogical but discriminatory.

The Minister and I know, though, that the amendment sets out the proposal in principle, within the bounds of what is permissible in respect of the scope of the Bill. It gives us the opportunity and the platform to outline the case for change, and I am delighted that it also has the support of SNP Members.

In August and September 2018, the Lift the Ban coalition conducted a survey with a group that had direct experience of the asylum process and found that 94% of all respondents said they would like to work if they were given permission to do so. We have all met asylum seekers: they are people not dissimilar to ourselves who have often had to flee their own countries when faced with immediate danger. They are often skilled, able to work and want to work. Rose is one example. She is currently in the asylum system, so I appreciate that she is not an EU national, but hers is the experience that we could start to change and transform if the Government accept the merits of the amendment.

Rose has been waiting for a decision on her asylum claim for three years. Not having the right to work while she waits for a decision on her asylum claim is not only putting pressure on her family life but damaging to her children, who are unable to understand why she cannot work. She said:

“Not being able to work, it cripples you…As a parent, you feel that you are not good enough…When you have kids, their daily needs—there are things that you need to give them. If I were working, I would not have to go to charity shops all the time to get hand-me-downs for my kids.”

Rose wants to be given the opportunity to be productive and show what she is capable of. She said:

“I want to work so I can prove myself to my children.”

The amendment would give people in the future asylum system from EEA countries the opportunity to use their skills and make the most of their potential. It would improve the mental health of people such as Rose in the asylum system by giving them a sense of worth and purpose, and it would enhance the opportunities for integration into their new communities, as well as allowing them to satisfy the strong work ethic that Rose clearly has and wants to pass on to her children.

The impetus for this change has only been intensified by the coronavirus pandemic. The brilliant campaigning and advocacy from the group Freedom from Torture has shone a light on the pittance that asylum seekers receive in support rates. At present, people in the asylum system receive a little over £5 a day per person in allowances. While at the onset of the crisis the Chancellor increased universal credit by £20 a week to “strengthen the safety net”, no proportional measures have yet been introduced for asylum support rates.

The uncertainty and rise in demand for specific items due to the pandemic has only exacerbated the difficulty faced by asylum seekers in finding the supplies they need to keep themselves and their families healthy and safe. Even before the onset of coronavirus, 52% of Refugee Action survey respondents reported having to use a food bank at some point within the last 12 months. If the Government are not minded to increase asylum support rates, it is both moral and logical to grant asylum seekers the right to work after six months. To forbid both options is to back some of the most vulnerable people in our society into an unescapable corner.

The Government could transform the financial health of a vast number of asylum seekers by accepting the amendment. Additionally, it would allow asylum seekers to play an active role in getting the British economy moving again, following the immense disruption caused by the pandemic. Refugee Action estimates that this change in policy could benefit the UK economy through net gains for the Government of £42.4 million. This would also be an overwhelmingly popular policy. Refugee Action carried out a survey of the public where 71% agreed that people seeking asylum should be allowed to work.

Accepting the amendment would help to fix the structural and deeply entrenched problems that exist with the current system. People seeking asylum in the UK can only apply for the right to work after they have been waiting for a decision on their asylum claim for over a year. The UK is the global outlier in time taken to give people in the asylum system the right for work. Ireland, Hungary, France, the United States and Poland, to name just a few, all have a much swifter process.

Even then, the few people who are granted such permission are rarely able to work in practice because their employment is restricted to the list of professions included on the Government’s shortage occupation list. This is the equivalent of putting square pegs in round holes, and disregards the skills and potential of many people in the asylum system. Refugee Action found that 74% of survey participants had secondary level education and 37% had an undergraduate or postgraduate degree. People in the asylum system can and should work in a wide variety of jobs that are hugely beneficial to both the UK economy and public wellbeing.

My involvement with the campaign is largely thanks to two amazing women in my own constituency. I pay tribute to Veeca Smith and Florence Kahuro, who set up the wonderful and incredibly effective local campaign group Sisters United. I am sure they would be delighted to meet the Minister in the not-too-distant future—I am sure he would struggle to get a word in edgeways. They are absolutely brilliant. They both sought asylum in the UK and founded the group to offer peer support to others in their situation and campaign for simple things such as accommodation that is not plagued by health and safety issues, and the right to go out and earn for themselves.

I hope that the Minister will appreciate the broad consensus that exists behind this amendment and accept the multitude of benefits that adopting the amendment would bring. It is time we treated people in the asylum seekers with dignity and as people with unrecognised potential to contribute to our society.

[Taiwo Owatemi (Coventry North West) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Stringer.

I rise in support of amendment 13 and lifting the ban. As with any legislation, there is a requirement to strike a balance between addressing the issue at hand, in this case our withdrawal from the EU, while also being practical and compassionate to ensure that people are not hard done by. The reality is that thousands of asylum seekers in the UK who came here for refuge are unable to work—unable to properly provide for themselves and their children and possibly loved ones, and unable to make what has been a difficult life a reasonable and normal one. Instead, as the Refugee Council highlights, these people must live on as little as £5 a day, which many of us here in this Room could not even countenance. That is £5 a day to feed themselves and loved ones, buy toiletries, pay for transport to go about their everyday lives, and do any other thing that a normal person would do.