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

Tim Farron Excerpts

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

[Gary Sambrook (Birmingham, Northfield) (Con)]

I have been pleased to support this Bill throughout its passage, particularly for its two primary aims of ending free movement of labour and introducing a points-based system. I wish to focus mostly on Lords amendment 1 and social care. As has been discussed, the amendment would require the Government to publish a report on the impact of ending free movement of labour on the social care sector. I spoke on Second Reading and served on the Bill Committee, and at every stage of my involvement in this Bill I have heard Opposition Member after Opposition Member try to claim that in some way the only way to fix labour shortages in the UK is by immigration. I simply do not agree with that analysis. In the Committee stage, we heard from Brian Bell, the MAC’s interim chair, that only 5% of social care workers come from EU migration. In constituencies such as mine, unemployment is standing at 10.5%. Are the Opposition genuinely trying to say that these jobs in the social care sector are not ones that more than 6,000 people in my constituency can have and that they are out of reach for my constituents? I do not agree.

Immigration plays a very important role in managing labour markets, but it does not solve all the problems all the time. The Government are tackling this issue of social care head on; we have seen the investment of £1.5 billion in adult and children’s social care, along with a national recruitment campaign for the sector. I absolutely support those two things. The Chair of the Home Affairs Committee, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), made a fair point about the MAC suggestion about pay. Every Conservative Member stood on a manifesto that pledged to look at social care and, importantly, at a way of redesigning it so that it is fairer for those who are cared for, their families and carers too. That is very important, and it is incumbent on all of us that we come to some kind of consensus across this House on that system. In the same way as we see a consensus on the NHS, we need to come to one on social care.

On the NHS, there will be times, including now, when there are gaps in the labour market, which is why I am pleased that the Bill contains provision for the health and care visa, which will be available for people to use to come to this country to work in the NHS. That is very important.

I conclude by saying that I am happy to support this Bill and will be voting to reject the Lords amendments, because I will be fulfilling my promise to my constituents to end free movement of labour, to introduce a points-based system and to deliver on a firm but fairer immigration system for this country.

[Tim Farron (Westmorland and Lonsdale) (LD)]

This is a thoroughly depressing Bill, one that is entirely political and deeply impractical. That is the kind of Bill, or Act, as it will become, that does not stand the test of time. That we are celebrating the loss of the freedom of British people and thinking it is a good thing would be comical if it were not so tragic, confident though I am that this will not last.

Let us look at some of the details. The Lords amendments are entirely practical and reasonable. Indeed the Minister himself has accepted that, in principle at least, some of them fit that description. I want to focus on Lords amendments 4 and 5. Lords amendment 4 would of course provide the opportunity for family reunion—a safe and legal route. The Home Secretary herself, at the Conservative party conference just a few weeks ago, talked about the importance of safe and legal routes, but of course we are sleepwalking out of one of the safe and legal routes we currently have, the Dublin settlement, with no sign of any kind of meaningful replacement to take its place. If we are—and I am sure all of us here are—outraged and filled with compassion and horror at what we have seen in recent times as people have made the death-defying journey across the channel in rickety boats, taking desperate risks because they are desperate people, the answer is most certainly to provide safe and legal routes. Lords amendment 4 gives the Government the opportunity to have a safe and legal route, and to reject it is music to the ears of the human traffickers. I do not yet understand why the Government seek to turn down such a route via either compassion or practical application.

On amendment 5, it seems an absolute no-brainer that EU citizens with settled status granted to them by this Government should have physical proof of that status. I have had a number of my constituents in touch with me recently who are deeply concerned about the lack of physical documentation. I talked to a person working for a local school and people working in hospitality in Windermere and in Kendal who are concerned about the lengthy multi-step process involving passport, date of birth and a unique one-off code sent to their phone, their employer’s email addresses, business details and both accessing the Government’s website separately. Members have already spoken of the occasional tendency for Government IT schemes not to work completely perfectly. Like other issues that we are talking about tonight, this has huge resonance with the appalling Windrush scandal. While there may be some debate as to which Government bears responsibility for the heartbreak of the Windrush scandal, there will be absolutely no doubt whatever who is to blame for this one. They saw it coming and they voted for it.

Comments were made earlier about the minimum income salary threshold. The Lake district hospitality industry is possibly the most hard-hit part of the UK economy as a result of the coronavirus. May I point out also that 20,000 people working in that industry are from outside the UK, and if we say to 90% of them, “You are not welcome here unless you’re earning a figure that your employers cannot afford to pay”, that would deal an appalling hand to, and damage massively, an industry that is struggling to cope with the covid crisis? It is time for politics that is more practical and less political.

[Alexander Stafford (Rother Valley) (Con)]

It is always a pleasure to follow the hon. Member for Westmorland and Lonsdale (Tim Farron), and although we will not agree on much, I am sure we both agree that immigration has often brought many delights to this country. In fact, as I am sure the hon. Gentleman knows, my grandparents on my mother’s side—Paul Kreciglowa and his wife Lilly —were refugees in the second world war. My grandfather was in a gulag in Siberia and managed to get out by fighting against Nazi Germany. My mother was born in a displaced persons camp, and they settled here. It has brought many delights to my family, so it is a cause that is very close to my heart. Nevertheless, we have to have a sensible immigration policy that we have control over and in which we actually have the right to say who we want and who we do not want in this country. I fear that the Lords amendments would undermine our ability to take back control of our lives.

Many people in Rother Valley voted to leave the European Union because they wanted control over their lives, and they wanted control of many issues, including immigration. This Bill, unamended, does take control back of our immigration system. Unfortunately, if we were to accept these Lords amendments we would undermine what I think is a key aspect of this Bill, and that is fairness. To me, fairness is one of the most important things in life, and fairness is one of the most important things to residents of Rother Valley. These amendments undermine fairness and I will highlight that in the short time I have available.

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

Tim Farron Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Tim Loughton]

I have not actually come on to new clause 29 yet, and other people will speak to that point, but the problem is that the Government position has been weakened. They produced a negotiation document, which now has a discretionary scheme, rather than the mandatory scheme. The EU will be even less likely to want to agree to that, and it is absolutely essential that we have a scheme in place, otherwise on 1 January next year there will be no safe and legal route for the several hundreds of children who have been coming to this country safely to avail themselves of. That is the problem.

New clause 2 would ensure that all looked-after children and care leavers were identified and given status so that they do not become undocumented. Issuing settled status now would prevent another cliff edge in the future. These young people would have to re-apply for settled status in five years’ time, perhaps without the help of the local authority. The evidential burden would be lowered for local authorities applying and for Home Office caseworkers, saving time with the complex application process. The amendment to the process for identification and granting status is time-limited. As set out in the new clause, it would be effective for five years after the settlement scheme deadline, until 30 June 2026.

These are really vulnerable children. We do a great job of looking after them in this country, from which we can take great pride. For goodness’ sake, let us continue being able to do that job and keep them here legally without allowing them to become at risk. This is not about bringing lots of new children into the country—they are already here. We just want to make sure they have representation, recognition and the documentation to ensure that when they grow into adults and apply for a job, it is not all of a sudden found that actually they have no right to be here and they face deportation.

New clause 29—what a sense of déjà vu—was raised many times during the Brexit Bills. We were convinced by Ministers that that was not the appropriate place for it. I accepted that. We were told that it would be in the immigration Bill instead. It is not in the immigration Bill. We have been told that it is going to be down to the negotiations instead. Time is running out; the Dublin III scheme ends in exactly six months’ time, and there is no replacement for it yet.

As I said, the Government published their negotiation document. The most fundamental problem with the scheme that is now being negotiated—it is not guaranteed —is that the text removes all mandatory requirements on the Government to facilitate family reunions and would make a child’s right to join their relatives entirely discretionary. The text intentionally avoids providing rights to children, contains no appeal process and attempts to be beyond the reach of the United Kingdom courts. Other categories of vulnerable refugees, including accompanied children, would lose access to family reunion entirely, and a series of other key safeguards have been removed, including strict deadlines for responses and responsibility for gathering information being on the state rather than the child.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Will the hon. Gentleman give way?

[Tim Loughton]

I will—to whoever that was.

[Tim Farron]

I am at the far end of the Chamber, but I thoroughly agree with the hon. Gentleman; I am very close to him when it comes to the point he is making. Obviously, this is a very regrettable state of affairs. Does he agree that it would be right for the Minister, at the Dispatch Box today, to commit the United Kingdom to signing up to the equivalent of Dublin so that children who are here unaccompanied can have their family come and join them, and children from outside this country who are unaccompanied can come and join family members here? That is the right and decent thing to do, and it would be continuing our obligations to those people.

[Tim Loughton]

The hon. Gentleman is right. Actually, the Government have said all along that that is their intention. I have had meetings with many Immigration Ministers over the last few years. I remember going to see the then Immigration Minister, who is now the Northern Ireland Secretary, after Baroness Morgan and I visited Athens with UNICEF. We visited some of the camps out there and saw some of the children who would qualify for this scheme. We were given clear undertakings that it was absolutely the Government’s intention to make sure that after we came out of the EU, when Dublin III no longer covered the United Kingdom, we would have a scheme at least as good as what there is now.

Again, we are talking about just a few hundred children. We are not talking about attracting thousands of children to this country; it is a few hundred specifically identified children—usually through some of our agencies operating in refugee camps and around the world—who have family links in this country. In some cases, those will be their only family links. They may have lost their parents in the civil war in Syria; they may be at the hands of people traffickers, fleeing abuse, fleeing war zones or whatever, and it may be that a brother, an uncle or an aunt is the only family member they have left and that that person is legally in the United Kingdom. Those are some of the most vulnerable children whom we have done a fantastic job of giving a safe home to in recent years, and it is essential that we carry that scheme on. It is a mandatory scheme, and it is a scheme of which we should be hugely proud.

That is why now is the time for new clause 29. We have had fob-offs, frankly, over recent years about why it would not be appropriate to put this in legislation. We need a very clear statement and intent from the Government today that there will be a scheme in operation on 1 January. I know that it depends on negotiations, but if all else fails, we can put in place our own scheme that is at least as good as Dublin. That is what the new clause tries to achieve.

We have a great record in this area. We have taken almost 20,000 refugees under the Syrian scheme. We targeted 20,000; we have actually taken 19,768. We have invested more than £2.3 billion in Syrian refugees—more than any other country in the EU. We have filled the 480 Dubs places. We have a great record, so why on earth would we not want to make sure that we continue that great record for some of the most vulnerable children fleeing from danger, whom we have been able to afford safe and legal passage to join relatives in the United Kingdom?

That is what the new clause asks for. We have to do better. I and my constituents will not be able to understand it if we fail to give a strong commitment that this country continues to want to do the best by those really vulnerable children. For that reason, I support new clause 29 as well.

--- Later in debate ---

[Holly Lynch]

My right hon. Friend, alongside the Chair of the Home Affairs Committee, has done an awful lot of work in this area, not least with the support of the Prime Minister. In response to his question about NRPF on 27 May, the Prime Minister said:

“Clearly people who have worked hard for this country, who live and work here, should have support…we will see what we can do to help”.

My right hon. Friend was right to raise this important point. The Children’s Society estimates that about 1 million people and at least 100,000 children have no recourse to public funds. Although new clause 13 has been drafted to sit within the scope of the Bill, it would start to deliver on the spirit of the Prime Minister’s commitment.

Local authorities have already had instructions from central Government to this effect. On 26 March, Ministers from the Ministry of Housing, Communities and Local Government wrote to all councils asking them to utilise alternative powers and funding to assist those with no recourse to public funds. People are, however, still facing destitution and a postcode lottery at the discretion of their local authority without a clear steer from the Home Office. With this in mind, we hope that new clause 13 will have the support of the House. It would prevent any extension of this condition to those who would lose their free movement rights for the course of the pandemic, and would ensure that NRPF could not be re-imposed without a proper parliamentary debate and a vote in both Houses.

[Tim Farron]

In addition to the imposition and the hardship that comes from “no recourse to public funds”, there is the burden that many asylum seekers face when it comes to being able to work. Does the hon. Member agree that it is right that we give asylum seekers the right to work while they wait for their application to be heard, not least because it would save the public money and give those people the dignity of work and the ability to provide for their own families and to begin to integrate much earlier?

--- Later in debate ---

[Mr Davis]

My right hon. Friend makes a good point, to which I will return in a moment because it impinges on another claim made by the Home Office that is plainly not true.

We have established what these people are not—they are not all foreign national offenders—but we should understand what they are. I do not have time in the six minutes available to me to go through all of them, but I have in front of me case after case of people who have suffered human trafficking, torture, rape, forced prostitution and modern slavery—mostly before they got to these shores, but in some cases after they arrived here too. Many are damaged people to whom the world has dealt a very, very rough hand. And what do we do when they come here for our help? We lock them up for an indefinite period.

[Tim Farron]

The right hon. Gentleman will be unsurprised to hear that I fully agree with everything that he has said so far. Is he aware of the detailed research by the Jesuit Refugee Service that looks into the psychological condition of the very people he is talking about? The research finds that that psychological condition is influenced by even the shortest of stays in indefinite detention and discusses what that means for those people and their families for the rest of their lives. I am sure that he understands that the Government need to consider the mental health and psychological impact of this kind of inhumane treatment.

--- Later in debate ---

[Alexander Stafford]

I question whether the hon. Lady’s constituents are leaving because of this Bill, but I welcome everyone wherever they came from. In fact, my grandparents came to this country, and so I do not think the Bill is scaring anyone away. To say so once again underlines why the Bill is so important and the fact that those on the Opposition Benches do not get this country.

Crucially, this Government are ensuring that there will no longer be an automatic route for low-skilled foreign workers into the UK. We shall take immigrants as and when our economy needs them, but on our terms and not forced on us by bureaucrats in Brussels or by the real power brokers in Berlin.

[Tim Farron]

Will the hon. Gentleman give way?

[Alexander Stafford]

I have given way already, so I am not going to do so again. I will make some progress first.

We in Rother Valley are strong supporters of law and order. For that reason, I wish to address lawful immigration detention and highlight why it is necessary to keep the public safe. It has been suggested by some that we should impose a 28-day limit on immigration detention. I strongly reject that assertion, but I understand why hon. Members may suggest it. I also wish to remind the House that anyone wishing to leave immigration detention can do so at any time simply by leaving the country as they are legally obliged to. Nobody is forced to be in detention.

A 28-day limit would result in an immediate release of many foreign nationals who are criminals, as some of my hon. Friends have said. We want to emphasise that rapists, murderers and paedophiles could still be in this country under that system, and I for one—and the people of Rother Valley—do not want that.

Public Order

Tim Farron Excerpts

Monday 15th June 2020 Commons Chamber

[Priti Patel]

My hon. Friend is absolutely right, and I thank him for the passionate way in which he spoke this afternoon. I pay tribute to our police obviously and, importantly, to the sacrifices that people have made throughout the covid-19 pandemic. I recognise, of course, the silent, law-abiding majority of our great country, our great nation, who like us all in this House watched those scenes at the weekend, with complete horror. We stand with the people that live by the rule of law, stand up for justice and order, and completely call out the scenes and the atrocities that we saw at the weekend.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Cumbria police report that since the lockdown officers have been spat at on 27 separate occasions. Each weekend, we see the police and rangers report a minority of visitors abusing them and locals, and being guilty of littering, vandalism and complete disregard for the welfare of wildlife and of livestock. While it goes without saying that most visitors behave impeccably, will the Home Secretary fund and enforce a new promotion of the countryside code so that everyone respects local communities and protects our environment?

[Priti Patel]

The hon. Gentleman is right to point out that it is a small minority who cause the most harm, while the law-abiding play by the rules, live by the rules and conduct themselves in the right way. It is important to say that in beautiful parts of the country—of which there are many, including the hon. Gentleman’s constituency —much more work can be done, not only by the police but by local authorities and local agencies, to ensure that there are awareness campaigns. The police have been doing that and the Home Office has been supporting and working with them to communicate those messages, but we need many of those other agencies in the hon. Gentleman’s community and throughout the country to reinforce those messages.

Asylum Decisions (Support for Refugees)

Tim Farron Excerpts

Wednesday 4th March 2020 Westminster Hall

[Tim Farron (Westmorland and Lonsdale) (LD)]

It is a great honour to serve under your guidance, Sir David. I pay tribute to all those who have spoken so far in the debate, and in particular to the hon. Member for Bristol West (Thangam Debbonaire), who has led the debate so very well, and not only today.

It is important that we focus on that move-on period for migrants, because it is more than just an administrative wrinkle; it is a deep injustice. I am sure the Minister is now fully aware of that. It has a colossal impact on the lives of incredibly vulnerable people, such as those we have already heard about this afternoon. As asylum seekers arrive in Britain, often after long and harrowing journeys just to get here in the first place, they face a battle to gain refugee status, overcoming language barriers and confusing paperwork, and persevering through any delays and mishaps along the way.

Throughout all that, of course, they are denied the opportunity to work. That is not the principal purpose of this debate, but I would love the Minister to take seriously the point that it is not just morally wrong to deny those seeking asylum the right to work, but really foolish. To give people the right to work while they are seeking asylum is to give them the ability to integrate into the community, to improve their language skills, to provide for themselves and their families, and to be in a far better place to contribute fully once their claim is accepted.

At the moment, as the Minister knows, a tiny minority of those with very specialist skills—they pretty much have to be a brain surgeon—have the right to exercise their skills in this country. Why should not people who are seeking asylum have the right to earn, to work and to support themselves?

[Kate Green]

Does the hon. Gentleman agree that there is no evidence that those countries that offer the right to work to asylum seekers suffer from some perceived pull factor? People flee their home country because of danger and persecution; they do not flee their home country because they think they will get a better job when they are coming into a hostile asylum system. There is no evidence at all that those countries that allow a right to work receive flows of asylum seekers on a scale that other countries do not.

[Tim Farron]

Absolutely spot on; I am grateful for that intervention, and I hope that the Minister will take the time just to check with his civil servants that that is absolutely true. There is no pull factor associated with those countries. The majority of civilised countries do exactly what we are asking for and allow people to work while they are seeking asylum. The issue we are talking about is the push factor, not the pull factor. Why do people leave in the first place?

Focusing on the purpose of this debate, we see that a successful verdict is given to many of those who seek asylum. As has already been said, they may have received formal refugee status, but the relief and celebration are cut short as they realise that their newly achieved status is actually a kind of 28-day ultimatum: 28 days until their asylum support is stopped, just 28 days of accommodation and 28 days of a weekly allowance. In a vast number of cases, this is 28 days’ countdown to destitution. Many of those whom we see sleeping on the streets of this city are people for whom that 28-day period has expired.

Imagine, Sir David, being given 28 days to find accommodation in a foreign country to which you have fled to escape war or persecution, not forgetting that you have not been allowed to work until this point, so therefore you also need to find a job during that time—either that, or apply for universal credit. Universal credit’s rules have made it almost inevitable that refugees will be left without support; an automatic 35-day wait to receive their first payment is completely incompatible with the 28 days that refugees have to access it. Then, of course, there will be the complexities of the paperwork and documentation required to gain access to universal credit in the first place.

The safeguards in the universal credit system to ensure that claimants are not left without support are often not accessed by refugees. Either they are unaware that they are eligible, or they do not even have a bank account to receive the support. Under the Homelessness Reduction Act 2017, local authorities are given a 56-day period to work with households at risk of homelessness. For refugees to receive support for only a pitiful 28 days is utterly ludicrous; it is almost designed to take desperate people, who ran to us for sanctuary and safety, and plunge them into bewildered misery as they are forced on charity or, increasingly, on to the streets.

I am pretty sure we all agree that human beings deserve to be treated with dignity. We as a society, as a Government, as a country, have already accepted that people in such situations deserve protection under the refugee convention, yet the current system is a far cry from recognising that in practice.

Refugees are forced to sleep rough, work illegally or face appalling exploitation in order to meet their basic needs while jumping through bureaucratic hoops to access money, accommodation, employment, education and so on. Will the Minister commit to providing refugees in the UK with the respect and dignity they deserve from day one of being recognised as a refugee, and to giving them what they need to build their lives in a new place and flourish in and contribute to our society?

In many ways the solution is simple: extend the move-on period to at least 56 days, which would cover the break in support and give refugees the best chance of establishing a stable and productive life here. Extending the move-on period to 56 days would have a financial benefit of between £4 million and £7 million each year for the taxpayer. Local authorities would save £2.1 million through the decreased use of temporary accommodation and up to £3.2 million through reduced rough sleeping. Alongside that, we must remove the administrative barriers that newly recognised refugees face. They need to be able to open bank accounts and receive the right documentation, and they need support to help them navigate the move-on period, apply for universal credit and obtain secure accommodation.

I recognise that there are complexities around which Department the matter falls under, but that is no excuse. While more and more families find themselves destitute and desperate, unable to meet even their basic needs, we need decisive action to end the tragedy of refugee destitution. Will the Treasury and the Government take steps today to end the departmental deadlock and extend the 28-day waiting period to 56 days? That would reduce benefit claims and increase the productivity of refugees in this country. More importantly, it would enable them to live in safety and dignity. It will save them from further pain and trauma on top of all that they have experienced already. With a simple change in policy, we can prevent destitution and save money. It is blindingly, obviously, the right thing to do. Will the Government do it?