Border Security, Asylum and Immigration Bill (Twelfth sitting)

Debate between Tom Hayes and Seema Malhotra

Tuesday 18th March 2025 Public Bill Committees

[Seema Malhotra]

I just mention that we have the upcoming immigration White Paper, in which we will set out our approach to the immigration system and how to support it to be better controlled and managed for the future. We are clear that net migration must come down. She will know that under the previous Government—to which she was a special adviser—between 2019 and 2024, net migration almost quadrupled. That was heavily driven by a big increase in overseas recruitment. A properly controlled and managed immigration system, alongside strong border security, is one of the foundations of the Government’s plan for change. It is extremely important to have a debate based on tackling those root causes and issues, rather than tinkering around the edges and having a scenario in which the partner of a British citizen, who subsequently falls ill and dies, has her ILR revoked. It is important to understand what the Opposition tabling such amendments means for people’s lives and fairness in our society.

[Tom Hayes]

Briefly, prompted by the Opposition, we are inching towards a more interesting debate, on how to assess the financial benefits and costs of migration, while grounding that in available and high-quality data. In 2021, in Australia, the Treasury undertook a fiscal assessment and has repeated that annually. I know, too, that the Migration Advisory Committee is looking to improve the quality of data, because over 14 years we have had such poor-quality data on which to make assessments. It is starting to look at different categories of workers in order to assess whether they are net contributors or net drags. That is a really positive step.

One of the reasons why we are relying on “best” or “only” reports is because we had a Government who could have improved the quality of the data to make managed assessments of what controlled immigration that benefits our economy would look like, but instead, unfortunately, we had the borders thrown open with no sense of what our economy ought to be or what the skills ought to be, which is regrettable. Will the Minister comment on the importance of the White Paper to drive forward the immigration system that we actually need, grounded in the data that we need?

[Seema Malhotra]

My hon. Friend highlights a crucial point about the importance of evidence-based policy and of good data, which was sorely lacking across the whole immigration system when we came into office. The utter chaos, with backlogs in every part of the system, put huge pressure on it and made it much harder to get information about where the backlogs were and who was in them in order to try to exert some control over the system and get that important data to inform future policy.

My hon. Friend is right to point to the Migration Advisory Committee, which continues to do important work to engage with stakeholders and to work across Government. That is an important part of the work that we are doing to use evidence in a much better way to inform how we link skills policy and visa policy. The work to restore order to our immigration system has been under way since we came into office. We will set out our approach, as he has intimated, in our upcoming immigration White Paper. I am grateful to have had the opportunity to explain why we will not support the amendment, and I respectfully suggest that the hon. Member for Stockton West may wish to withdraw it.

Border Security, Asylum and Immigration Bill (Ninth sitting)

Debate between Tom Hayes and Seema Malhotra

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Seema Malhotra]

I will just make this point first. In a sense, the new clause will have a very limited impact on access to benefits for those with pre-settled status, or limited leave, under the EUSS. To access income-related benefits such as universal credit, they would be required to evidence relevant qualifying activity, such as current or recent employment or self-employment. Those with settled status, or indefinite leave, under the EUSS already have full access to benefits where eligible.

On the question asked by the hon. Member for Weald of Kent, I know there is broader research, and there is some data but not other data, and there are different estimates, but I am sure that she will know and appreciate that the vast majority will be working. Her question is also relevant to a more general question about those who are here and have settled status: how many are working? We know that there is different research, but the vast majority are self-sufficient.

[Tom Hayes (Bournemouth East) (Lab)]

I refer the Committee back to the oral evidence that we heard at the very start of our work. Experts were asked whether they felt that the available immigration data, which could have been improved over 14 years, was robust enough for making strong assertions. Time and again, we heard from experts that it is very hard to make assessments about the net benefit or net cost of immigration flows into our country. Do the Government intend to work alongside the Migration Advisory Committee to improve the quality of immigration data so that we can make such assessments on a more robust footing?

[Seema Malhotra]

Indeed, it is important to have data that can inform policymaking and public debate. This is a separate matter to the one of those who come to work, settle and contribute to our economy and society, which I know we all want to see—that is indeed what we see in our constituencies—but it is also important that those who come through humanitarian routes are supported to access employability skills and employment, so that they can support themselves and their families. It is important that we look at how joined-up we are and to what extent that support is in place.

Amendment 22 agreed to.

Amendments made: 23, in clause 55, page 56, line 29, after “to” insert

“any of the Channel Islands or”.

This amendment enables certain provisions of the Bill to be extended by Order in Council to any of the Channel Islands.

Amendment 24, in clause 55, page 56, line 31, after second “to” insert

“any of the Channel Islands or”.—(Dame Angela Eagle.)

This amendment enables certain amendments and repeals by the Bill to be extended by Order in Council to any of the Channel Islands.

Clause 55, as amended, ordered to stand part of the Bill.

Clause 56

Commencement

Amendment made: 25, in clause 56, page 57, line 15, after “35” insert

“, (EU Settlement Scheme: rights of entry and residence etc)”.—(Dame Angela Eagle.)

This amendment to the commencement clause has the effect of bringing NC31 into force 2 months after Royal Assent.

Clause 56, as amended, ordered to stand part of the Bill.

Clause 57 ordered to stand part of the Bill.

New Clause 30

Conditions on limited leave to enter or remain and immigration bail

“(1) The Immigration Act 1971 is amended in accordance with subsections (2) and (3).

(2) In section 3(1)(c) (conditions which may be applied to limited leave to enter or remain in the United Kingdom)—

(a) omit the ‘and’ at the end of sub-paragraph (iv), and

(b) at the end of sub-paragraph (v) insert—

‘(vi) an electronic monitoring condition (see Schedule 1A);

(vii) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(viii) a condition requiring the person to remain within a particular area;

(ix) a condition prohibiting the person from being in a particular area;

(x) such other conditions as the Secretary of State thinks fit.’

(3) Before Schedule 2 insert—

‘Schedule 1A

Electronic monitoring conditions

1 For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—

(a) P’s location at specified times, during specified periods of time or while the arrangements are in place;

(b) P’s presence in a location at specified times, during specified periods of time or while the arrangements are in place;

(c) P’s absence from a location at specified times, during specified periods of time or while the arrangements are in place.

2 The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(c) require P to communicate in a specified manner and at specified times or during specified periods;

(d) involve the exercise of functions by persons other than the Secretary of State.

3 If the arrangements require P to wear, or make specified use of, a device they must—

(a) prohibit P from causing or permitting damage to, or interference with, the device, and

(b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device.

4 An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.

5 In this Schedule “specified” means specified in the arrangements.’

(4) In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert—

‘(ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(eb) a condition requiring the person to remain within a particular area;

(ec) a condition prohibiting the person from being in a particular area;’”.—(Dame Angela Eagle.)

This new clause makes provision about the conditions which can be imposed on a grant of leave to enter or remain in the United Kingdom or a grant of immigration bail.

Brought up, and read the First time.