The SNP welcomes the judgment from the High Court of Belfast, and thanks the Northern Ireland Human Rights Commission and the individual in the other case for taking this matter forward. It is important that these awful pieces of legislation are challenged. I note to the Minister that this judgment came from a domestic court, not the international courts that the Government seem so terribly afraid of and consistently run down. The court found that the Illegal Migration Act 2023 was incompatible with article 2 of the Windsor framework and with the European convention on human rights; sections 2, 5 and 6 of the 2023 Act lead to a diminution of rights. The court also found incompatibility between the 2023 Act and the Human Rights Act 1998 on the duty to remove, obligations to potential victims of modern slavery and human trafficking, and responsibilities to children and their best interests—all extremely serious matters that remain of concern.
As the right hon. Member for Belfast East (Gavin Robinson) said, all this was entirely predictable. The Government were warned about the implications for the Good Friday agreement throughout proceedings on the Illegal Migration Act and the Safety of Rwanda (Asylum and Immigration) Act 2024. Can the Minister say why his Government failed to heed the warnings and expert advice? Why did they ignore the status of Northern Ireland, and what now for the applicability of the Rwanda Act in Northern Ireland?
My fellow Scottish MPs and I are disturbed by the fact that our constituents, neighbours and friends are not even afforded the same rights as those in Northern Ireland. What are the implications of that decision for the Union? Human rights should be for all of us.
I can probably answer that question fairly rapidly. We fully understand the position of the Scottish National party, which has been consistently expressed during the passage of the various pieces of legislation. The SNP does not support the Government in our efforts to tackle illegal migration head-on. The position is as I have described; I will not give a running commentary on ongoing litigation, but we are determined to appeal this judgment. We are taking legal advice, and as I have said, I can be very clear that the judgment changes nothing about our operational plans to send illegal migrants to Rwanda this July, or the lawfulness of our Safety of Rwanda (Asylum and Immigration) Act 2024. Concerns have been expressed about migrants flocking to Northern Ireland to avoid deportation to Rwanda, but there is absolutely no benefit whatsoever to doing so. We are operationalising this policy on the basis of the Nationality and Borders Act 2022.
It is hard to know where to start with this complete and utter drivel. The Minister comes here today proud of this tawdry, pathetic, self-defeating piece of fascist nonsense—[Interruption.] The Tories—[Interruption.] They do not like it, but it is true and I will explain to them why. The Home Office has put out—[Interruption.] Mr Speaker, they do not like the truth. The Home Office has issued a promo video this morning of people being detained, and it absolutely turns my stomach. This is a Government who glorify their state-sponsored people trafficking plans as they cuff people and take them out of their beds to be sent to another country against their will. It is sickening.
These plans are damaging to our society, to our economy, to the people who need care and to the people who want to love, live and study here. Universities are up in arms about the cuts to student numbers. It makes absolutely no sense. The draft rules that the Government have issued on adults at risk in immigration detention were released this week, but instead of taking action on the serious recommendations of the Brook House inquiry, the Home Office is instead doubling down on its policy of indefinite detention. And Labour Members are going along with all of this. Shame on them.
Far from what the Minister said, small boat arrivals are up this year. Rwanda is no deterrent because none of their other policies has proved a deterrent. The thousands of people they want to send there have disappeared, never to be seen again, and who can really blame them, if they are going to be plucked from their beds and taken away by Ministers and sent to countries against their will? Indeed, who can blame them? The risk is that these people will end up being exploited because they have gone into hiding. They will be exploited, they will be trafficked and they will be vulnerable. Why is the Minister not acknowledging the impact that this policy will have on vulnerable people?
Finally, if it is indeed the case that the person the Government sent to Rwanda has not been granted refugee status in this country, why are they not being returned to their country of origin? Is it perhaps that that country is actually unsafe? If that is true, why were they not given refugee status here in the first place?
It is a perfectly respectable position to want to protect our borders. It is right and proper to want to ensure that we have a fair and balanced system of legal migration that is sustainable. I make no apology whatsoever—and nor will this Government or any of the Ministers in the Home Office—for placing front and centre the determination to protect people’s lives. We have seen too many lives lost in the channel at the hands of evil criminal gangs with no regard whatsoever for human life who take people’s money, exploit them and send them out to sea in unseaworthy vessels. Candidly, beyond that, I am not going to edify the hon. Lady’s contribution with anything further.
I think it is fair to say, and the House acknowledges, that the EU settlement scheme has been a great success. We continue to work constructively at the Home Office to make sure that we deliver on that scheme in both letter and spirit. We have gone above and beyond our obligations under the citizens’ rights agreements and are pleased that so many of our family, friends and neighbours have obtained the status they need to remain in the UK.
On the point about reform in relation to biometric residence permits, there is still more we can do to help to generate greater awareness of the coming change to digital status. Those who currently hold BRPs are receiving mail-outs from the Home Office at the moment to let them know about the change, what it means for them, and what they need to do. Applications for the new approach are coming through the digital channel. However, I am very willing to hear from colleagues across the House about what more we can do to support hon. and right hon. Members in that work to ensure that their constituents are aware of the change and what they need to do to make sure they have digital status in the way we envisage. There are enormous benefits of the move to digital from simplification and making sure that people have the documentation they need.
On the implementation of the order at the border, a Border Force officer may seek to establish whether an individual requires permission to enter the UK, whether any permission that has been given is still in force, and whether, if the individual has permission in force, it should be cancelled. That includes the ability to examine whether someone presenting pre-settled status has acquired a withdrawal agreement right of permanent residence. The officer will then consider the permitted duration of absence in accordance with the relevant status.
The order will make border checks much easier by broadly aligning the duration of permitted absence before leave lapses for pre-settled status holders. This means that Border Force officers will no longer need to undertake a complex consideration of whether an individual has acquired a withdrawal agreement right of permanent residence. Hon. Members can be absolutely assured that we continue to keep Border Force training under review and to ensure that there are opportunities for Border Force officers to receive the kind of training we would all want to see. We want this change to be delivered as seamlessly as possible. As I said earlier, we have tried to ensure that it is simple to administer at the border and that people understand their position and do not encounter difficulties.
Many specific questions were raised about statistics. If I may, I will provide the Committee with an update on the situation. The hon. Member for Pontypridd recognised in her response that this order rectifies our domestic law to reflect our position, and I am grateful for the Opposition’s support. Withdrawal agreement rights have been underlying rights, and we are remedying our domestic law so that people are not disadvantaged. This is an important step that has been welcomed by many. I continue to meet and engage with the Independent Monitoring Authority, and I am keen to sustain that engagement.
I do not want to interrupt the Minister mid-flow, but I wanted to mention the claimant in the case, who was female. There has been no equality impact assessment with this measure. What is the Government’s thinking on the impact of this policy on women in particular? They may have caring responsibilities that require them to return to another country for a while, perhaps to care for an elderly relative, so they might be more affected by this measure than men. Have the Government done an equality impact assessment?
If I may, I will write to the hon. Member about the equalities approach to this instrument.
On the Border Force point, guidance is in the process of being updated, and we intend to publish it so that it will be available for people to consult. To the point about the volume of pending applications and processing times, I will be happy to provide an up-to-date set of statistics for colleagues, but what I can say now is that there were 121,830 pending EUSS applications to 31 December 2023, compared with 142,430 in the previous release of data to 30 December 2022. This indicates a 14% reduction in the number of applications awaiting a decision. Application numbers have remained high. On average, over 50,000 applications were received each month in the last quarter of 2023. These are predominantly from late applicants and repeat applications, including those moving from pre-settled to settled status.
This means that a sizeable number of pending applications are from recent applicants, with 64% waiting for 90 days or less and every applicant waiting for 180 days or less. I recognise the desire to deliver this scheme and minimise waiting times for people, so I will happily provide the House with as much information as possible on the progress we make with applications. To the point from the hon. Member for Glasgow Central, we are always very mindful of equality. We want to ensure that all our policies and decisions reflect equalities issues, and I will be happy to provide an update on that, too.
Question put and agreed to.
(4 months, 2 weeks ago)
Commons ChamberGaza Families Reunited’s petition for a Palestinian family visa scheme has garnered 100,000 signatures, and I hope it will soon be debated in Parliament. Gazans are stuck in a cruel and irrational Catch-22 situation: they cannot cross the border to Egypt because they do not have visas, as they cannot get their biometrics registered, but they cannot get their biometrics registered because they cannot get to a visa application centre in Egypt. The Government have the power to waive the requirement for biometrics to be registered, and it is in the Minister’s hands to do so. Why won’t he?
The hon. Lady will appreciate that the security of the system is imperative. We must act in accordance with the requirements, which we put front and centre. I will not comment on ongoing litigation, but I can say that we will continue to work with Foreign Office colleagues in the way that we have described. Elements of the peace process are at play in relation to these issues, but we will keep our response to this crisis under review as matters develop.
I appreciate the broad support for the measure from colleagues from across the Committee. On the point about year-to-year staffing in Border Force, I will happily write to the hon. Member for Enfield North with that information. It is worth saying that there is a degree of day-to-day flexibility, in operational terms, around the work of Border Force. Staff are surged in to deal with particular and competing pressures. This really goes to the heart of why the change we seek to introduce today is so important, because it will help us to respond operationally to the challenges of general aviation in a more targeted way. Where there are no risks or low risks, that can be dealt with accordingly, and we can then channel greater resource at dealing with higher-risk general aviation matters. That goes to the heart of what we seek to achieve. I will happily provide the hon. Lady with the information.
On the question about the former chief inspector of borders and immigration and the meeting that was organised with me, I had accepted that meeting as a matter of priority. It was organised but did not go ahead because of the information that was supplied to journalists. As I have said now several times in the House, that was done outside the proper process and was not respectful of the confidentiality requirements associated with such reports. The Home Secretary had been very clear with Mr Neal, as had I and the Minister for Countering Illegal Migration, that we would respond to the outstanding reports as a priority. We have now subsequently seen, as a House, the way in which we have gone about that.
I also refer the Committee to the commitment I made yesterday that the report on general aviation relating to London City airport will be responded to in the proper way within eight weeks. I undertake to make that commitment again today. I do not intend to deal with that report in a piecemeal manner. It is important that we have the chance to reflect properly on Mr Neal’s recommendations and the statistics included, with proper assurance and fact checking, and are able to respond in the usual way to the recommendations, but that will be done in a timely way. I give that undertaking again to the Committee.
It is important to say that there is no change to what is required in terms of the information that people are asked to provide. What is different is the manner and the way in which we are asking for it to be presented, through the online means, which will ensure that, for the reasons I touched on earlier, we are better able to respond to risk and to be in receipt of that information in a more timely and co-ordinated way. That should, of course, help to manage border security challenges more effectively.
On the point about the maximum penalty level, the figure is up to £10,000. That was adopted in 2015 as an appropriate and proportionate level, and we will keep the number and level of penalties under close review. It is important to recognise that there is a graduated approach. I hope that we do not have to resort to using the penalties, because I hope that people will want to engage properly with the process, recognising the imperative of ensuring our border security, but there is a graduated approach and we will keep the level of the penalty under review.
I thank the Minister for that clarification. Why is it being levelled particularly at the pilot, rather than at the person who chartered the plane or the person who owns it?
The reason is that there is clear accountability around an individual piloting a plane. The hon. Lady will appreciate that the legislation is relevant to a number of different types of individuals or operators, right the way through from individual private pilots to small businesses that fly people around. There is an obvious, clear line of accountability and sight when it comes to the way in which the penalty is issued and subsequently levied.
The hon. Lady was right to ask her fair and legitimate question about consultation and engagement. The Home Office has a good working relationship with representatives of the leisure and business general aviation sectors. Regular meetings are held, and invitees include the British Business and General Aviation Association, the Light Aircraft Association and the Aircraft Owners and Pilots Association.
To support the launch of the regulations, the Home Office has planned a comms campaign to ensure that all general aviation operators, agents or captains are aware of the changes that will come into force on 6 April, and the underpinning civil penalty regime, which we anticipate starting by the middle of February. It will consist of detailed guidance as well as high-level top lines that can be included in GA publications or mailshots. We will keep under review what more we can do to try to help to generate awareness, which is important because we want people to be compliant. In fact, I would go as far as saying that I want people to provide the data that is being asked of them, rather than having to resort to fines and extracting money from them for non-compliance.
On the related issue of compliance monitoring, the civil penalty regime will be applied consistently across all Border Force regions. To ensure that that happens, comprehensive guidance will be provided to all frontline Border Force officers. Each region will have a single point of contact for officers to approach regarding the process. In the event that a breach is identified, the GA owner, agent or captain will be served with an initial notice of potential liability setting out the breach that has occurred. The notice will then be reviewed by a central Border Force team, which will make the final determination on whether there is a liability, at which point the penalty notice will be served.
Understandably, there were also questions about what more we can do to try to improve the situation when it comes to the security of our border and the approach in relation to general aviation. Working with His Majesty’s Revenue and Customs, the Home Office has reduced the number of airfields into which an international GA flight can arrive, from more than 3,000 to 400. That is a result of the UK’s departure from the European Union, which has meant that to continue to receive international flights airfields have had to apply for a certificate of agreement. That is another significant step taken to manage the risk posed by GA flights, and it means that 16% of the GB aerodromes total will be approved to handle CTA and international flights from 1 January 2024, so that change has come about. The remaining 84% of aerodromes will be classed as undesignated and restricted to domestic movements only, which is helpful when it comes to being able to surge our Border Force resources to respond to issues and ensure we have the appropriate oversight of general aviation.
On the point about what is required, it is worth saying that more than 50% of the general aviation sector submits information using online methods. There will be no change and no impact for those people, as they are already complying. Yes, for those who submit via email, or even by fax, there will be a change, but we consider that to be a small change in behaviour and have provided a free-to-use web service through which to submit information, with a view to making it as easy as possible. The Home Office has drafted guidance for the sector that will be published in advance of the regulations coming into force. That will give the sector adequate time to understand its obligations and the penalties should it fail to comply.
A question was asked, understandably, about the speed at which and the timetable by which the reform is being brought to fruition. It is worth saying that this change has been in the making for some time; I am pleased that we are now bringing it forward. In saying that, it is worth making the point that this change is not related to the ICIBI report, in the sense that we have only just received that report and I will respond to it within eight weeks. This workstream has been ongoing for some considerable time in advance of that. We have not long been in receipt of the ICIBI report.
A point was made about a willingness to be scrutinised in relation to general aviation. I have said this in the House before, but it bears repeating: this was an area in relation to which senior leadership in the Home Office, on the officials side, had invited scrutiny from the ICIBI. Far from trying to be evasive on the issue of general aviation, there is most definitely a willingness to look carefully at it. There is most definitely a willingness to learn. There is always an opportunity to get ahead and advance recommendations in responding to them and getting on and doing the work ahead of publication. I want to do this work properly. I want to provide greater detail to the House, and to people further afield, about that report, by responding to it properly in the usual way, with proper responses to the recommendations, but I give an undertaking to do that in a timely way. We treat this issue with the utmost seriousness.
Question put and agreed to.
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I thank David Neal for his work. Nobody can doubt that he was an independent chief inspector of borders and immigration, and his reports bear testament to that work. He called out the Home Office for being particularly poor at communication, and for its data being “inexcusably awful.” In relation to Border Force, he highlighted
“basic stuff not being done”.
He shone a bright light on the shoddy treatment of unaccompanied children in hotels, some of whom are still missing to this day and have not been found by the Home Office. He highlighted the
“lack of grip and poor leadership”
that resulted in those children becoming lost. He also highlighted the chaos and the secret policies being operated as part of the Afghan citizens resettlement scheme—utterly unacceptable.
What happens now to the planned inspections that are stuck in limbo? Those inspections include adults at risk, which is crucial as people have committed suicide in asylum accommodation. Small boats are all the more critical given the tragic loss of a seven-year-old wee girl just this week. On high-performance visas, on Rwanda, on Georgia and on age assessment, what will happen to the work plan that the chief inspector set out, and to the staff—expert inspectors—who are in place to deliver it? Will David Neal’s recommendations be taken on by whoever follows him in that post? What will the Department do for future reports? Next time a report is published, will the Minister make a statement to the House, rather than being brought here by an urgent question?
I am very grateful to the SNP spokesman for that variety of questions. I too, actually, want to place on record my thanks to Mr Neal for the work that he did—[Interruption.] There is chuntering from Opposition Members, but it is perfectly right and proper to thank him for his work.
There are recommendations that the Government have accepted and are taking forward. We treat the outcomes of those reports with the seriousness that they warrant. We will continue to work through those recommendations; even in the absence of an ICIBI, we will continue to make progress against our commitments. Obviously, we want to get on and appoint a replacement for Mr Neal, and that process is under way. We want to do that as quickly as possible, while also making sure that we properly engage the Home Affairs Committee in that process, and we will do so in the way that that Committee would rightly expect.
It is welcome that we no longer have any unaccompanied asylum-seeking children hotels under the auspices of the Home Office, but the recommendations that were made within the report still stand and, again, we treat them seriously. As I said at an earlier Home Affairs Committee appearance, I treat tracing missing asylum-seeking children with the utmost seriousness, and with better relationships with the police, improved guidance and other steps, we have managed to track down more of those children since we met at the Home Affairs Committee.
We continue to see Afghans arriving under the ACRS. That is welcome, and we will continue to evolve that scheme and make improvements where we can. We have made commitments around the scheme, and it is of real importance to me: fulfilling our promises to those who worked with the British Government and to others is a responsibility that I take incredibly seriously.
I want to make sure that we go about this recruitment process in the proper way, involving the Home Affairs Committee. The second permanent secretary is leading engagement with the secretariat at the ICIBI, and we will get on and appoint a successor.
I thank colleagues from across the House for their various questions, which I will gladly respond to in winding up the debate. The first was from the hon. Member for Nottingham North about whether we consider this to be the end of the matter. He will appreciate that it is never possible to guard against any individual bringing forward a case if that is what they choose to do. However, I can say that we are confident that the exemption addresses the issues that the Court identified in its judgment in full. That view is also shared by the ICO, as I set out in my opening remarks, which has publicly stated that it is content with the regulations.
That links to the issue of consultation and engagement, and there are a number of questions around that. The claimants were consulted as part of the development of the provisions and they made some additional suggestions. Beyond that, the Court of Appeal gave a three-month period for the Government to amend the exemption, after which it would be unlawful. We are of course complying with that judgment, and that is reflected in the statutory instrument before us. A full public consultation was therefore impossible, but, as I said, consultation took place with the ICO, the claimants in the case, the Open Rights Group and the3million. Given the nature of the judgment and the changes required, the Government did not consider it necessary to consult more widely.
The Minister says that the3million and the Open Rights Group were consulted and made suggestions. Did the Government make any changes as a result of those suggestions?
It is fair to say that we as the Government have reflected on the conversations that we have had, and the regulations we are debating reflect those conversations. As I say, the ICO is clear about its stance in being in adherence with the outcome of the court case. That is important to acknowledge in relation to this.
On the specific question of costs, I cannot commit to giving a specific figure today. However, once all the costings around the case have been settled and the process has been settled and finalised in the usual way, I can most certainly provide a figure to the House.
There was a perfectly legitimate question about how data subjects know that the exemption has been used. The exemption includes a presumption that data subjects are to be informed where the exemption provisions have been applied in their case, unless informing the data subject of the application would in itself prejudice the purpose of the exemption. Linked to that was an inquiry about the use of the exemption. For the year ending October 2023, the immigration exemption was applied to about 70% of subject access requests received in relation to immigration, citizenship and Border Force. Of those, the vast majority had only a small amount of data redacted under the use of the exemption.
Rightly, there were also questions around safeguards. To be clear, the Court of Appeal judgment was specific in the areas that it deemed the immigration exemption to be incompatible with UK GDPR. This statutory instrument addresses comprehensively those issues, and the safeguards are set out clearly on the face of the legislation. The immigration exemption needs to be flexible in order to account for a range of scenarios, and going into more detail in the legislation risks compromising both the purpose of the exemption and the rights of data subjects, as I am sure the Committee will understand.
However, in recognition of that, routes of redress exist for data subjects, with the standard routes of redress being where a data subject feels that the immigration exemption has applied to them wrongly. Those data subjects may complain to the Home Office as the data controller, and they can also contact the ICO, which has appropriate powers to investigate instances of non-compliance with data protection law. In addition to contacting the ICO, data subjects can legally challenge an application of the immigration exemption in the courts.
(6 months, 1 week ago)
Commons ChamberPeople who come here to work, study and live make a significant impact on Scotland’s economy and society, so reducing their number is entirely self-defeating. Reunite Families UK has highlighted the disproportionate impact that Tory changes to visa income thresholds will have on women. I have asked the Minister this before, and I have yet to have an answer: when will he publish the full equality impact assessment on this damaging policy?
We will publish the equality impact assessment associated with the policy in due course. The hon. Lady will appreciate that the Government’s position is clear that the current levels of net migration are not sustainable. We need to take forward a set of policy measures that deal with that and that promote domestic employment wherever possible. There is a strong moral case for the approach that we are taking. None of the measures being applied is retrospective, but we are convinced that this is the right thing to do. The British people think that action is needed, and action is what they are getting.
I spent a lot of time this weekend with members of the Glasgow branch of the Association of Ukrainians in Great Britain, which put on a major demonstration and a service in Glasgow cathedral at the weekend to mark two years since the escalation of Russian aggression in Ukraine. The Government’s changes to the Ukraine scheme came with very little notice and caused a great deal of uncertainty and distress in that community. Will the Minister tell me whether, for example, a wife whose husband has been injured fighting on the frontline against Putin’s war machine will be able to sponsor her husband to come here under these restricted rules?
As we said when we debated this issue in the House last week, the Government are very proud of the amazing response from people across this country who have opened their homes to Ukrainian refugees. There will continue to be an out-of-country route through the Homes for Ukraine scheme to facilitate people being able to come here from Ukraine. Ukrainian refugees here in the UK will be able to extend their visas. We gave that certainty way ahead of the curve, when compared with our international partners. Ukrainian nationals who would have qualified under the Ukraine family scheme will still be able to apply under Homes for Ukraine.
(6 months, 2 weeks ago)
Commons ChamberThere is a bitter irony in the UK Government making changes to health and social care visas—a sector that is crying out for people—that will make it more difficult for people to come and look after our loved ones. They say, “Come and look after our loved ones, but you can’t bring your own.” How utterly heartless. The sector is dominated by women, who are more likely to have children with them. What equality impact assessment has the Minister carried out on these very poor plans? What advice is he taking from the Migration Advisory Committee? This is a crisis of the Government’s making. The committee encouraged the Government to pay people in the health and social care sector more and commended Scotland, which has less reliance on people coming in because we have a workforce strategy and we pay care workers the real living wage. Will he do the same?
Saturday 24 February marks two years since the escalation of Russian aggression in Ukraine—two years longer than any of us would have wanted. We are appalled that this week the UK Government have made it more difficult for Ukrainians to seek sanctuary here by closing the Ukraine family scheme with immediate effect at 3 pm yesterday, with absolutely no notice. The Minister talked of an 18-month extension, but for new applications that has been reduced from years. Those who hold visas now cannot sponsor, so the wives who want to bring injured husbands to live here presumably can no longer do so. How can he say that is fair? How can this Government say “Slava Ukraini” while closing the door to those in need?
To deal with the latter points first, that is not the case. There continues to be a route for Ukrainians to come to the United Kingdom. It is arguably a more effective route to facilitate sanctuary for people, with all the enhanced checks and support that come with the Homes for Ukraine route. There is the ability for people who are here in the UK to sustain and extend their sanctuary. The hon. Lady should welcome that; she was involved in the Westminster Hall debate before the recess, as was I. I am proud of the Government’s work to support communities to facilitate that sanctuary. We will continue to be front footed and forward leaning when it comes to doing so, because it is morally critical that we are at the forefront and are giving people that certainty, way ahead of our international allies. Again, she should welcome that.
When it comes to care workers, as I have said on many occasions, the current situation for dependants is disproportionate. We saw 120,000 dependants come with 100,000 care workers. That is not sustainable in the longer term. That is why we are taking forward these measures. The hon. Lady mentioned specifically the Migration Advisory Committee, which has consistently said that migration is not the answer to workforce shortages in the social care sector. That is why the Government have invested £7.5 billion to support the strategy for social care workforce development and to boost capacity in social care, including through retention of the dedicated workforce already undertaking these vital roles.
As a former Minister for Disabled People at the Department for Work and Pensions, I can also say that I firmly back the work the Government are doing to support more people domestically into work through the comprehensive back to work plan. The hon. Lady should support those efforts. We are putting real resourcing behind that—that should be our first port of call.
(6 months, 4 weeks ago)
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The hon. Gentleman will recognise that the Government have to go through processes before making definitive policy announcements. However, what I can say is that we are committed to letting everybody know, at least 12 months ahead, what the future holds in terms of the arrangements for any extension of these visas. I really do appreciate the real interest in this matter. The timeliness point has been well made time and again during the debate, and there is a desire to get that certainty as early as possible both from parliamentarians and further afield. I ask colleagues to take those comments in the spirit in which they are intended. It is fair to say that there is no disagreement in the Chamber this afternoon about that need for certainty; we speak with one voice on that point.
The hon. Member for Cynon Valley (Beth Winter) asked about the steps we have been taking on engagement. My hon. Friend the Member for Rutland and Melton (Alicia Kearns) recently asked me to meet with Ukrainian parliamentarians to discuss this issue. I have said that I am very happy to do that, and we will facilitate that meeting as quickly as possible. My officials are in regular contact with their Ukrainian counterparts, and Ministers regularly engage with their Ukrainian counterparts, and there has long been a recognition—a real appreciation—of the role that the United Kingdom has played on so many fronts in responding to this crisis. My understanding is that remains the case.
There is undoubtedly a desire for certainty, as we have highlighted this afternoon. However, there is also a clear message that speaks to the point made by my hon. Friend the Member for Mid Derbyshire at the start of the debate about what the longer-term future looks like for Ukraine. All of us are clear that Ukraine will win this war, and it has our backing and support in ensuring that that endeavour comes to pass. But it is also critical for the steps we take, and the support we provide, to lead to people being able to return to Ukraine to help to rebuild their country, recognising that Ukraine needs skilled people and wants a viable society with people of all generations. We will respect those wishes as we move forward with the steps we are taking.
On education, I am proud that, under our schemes, Ukrainian children and young people have been able to benefit from our brilliant education system. Whether it be starting out in school learning English and the fundamentals of education or studying for GCSEs and A-levels, our offer has always been to ensure that Ukrainians displaced by the conflict can continue their education where possible. That is also true for Ukrainians entering higher education and studying or looking to study at university in the UK. That is why we extended higher education support and home fee status to those here under the Ukraine schemes. Student support is crucial in enabling Ukrainians to attend education to improve their skills and enhance their ability to contribute to the UK or to assist in rebuilding their home country.
However, I recognise the concern of Ukrainians who have started a university course about whether they will be able to complete it. We of course want bright and motivated students across our schools and universities to continue their hard work focusing on their education. That is why, where a person’s Ukraine scheme leave expires during their course and they are granted further leave to remain under one of the standard immigration routes, they will continue to be eligible to access student support in order to complete their studies. We would expect providers to set their fees for such students accordingly. For those whose Ukraine scheme leave expires while they are at university and are granted further leave to remain under one of the standard immigration routes, we would expect home fees to be charged for the remainder of their course. By that, I mean that the starting position for a course and the associated fee status should be applied throughout the duration in any event. However, I hear the point and refer hon. Members to my earlier remarks.
I am conscious that I have a lot to get through. If I get the chance, I will take the intervention.
On housing, this is a cross-Government effort, and colleagues in the Department for Levelling Up, Housing and Communities lead on the housing side of it. A number of points have been raised during this debate that I will gladly flag up to colleagues in DLUHC. They will perhaps be able to help to provide some additional responses to those points. We recognise that many Ukrainians here in the UK want to live independently. That is an ambition we fully support, while appreciating the difficulties some face in finding private rental accommodation. That is why we have provided tariff funding to councils and established English language support to help Ukrainians into independent living.
On homelessness, councils across the UK have been provided with £1.1 billion in tariff funding to support Ukrainians in their area. In addition, the Government have allocated a further £150 million as a top-up to the homelessness prevention grant. I can also confirm that an additional £120 million will be available across the UK next year. For those unable to find new accommodation, we have re-matching services available to help Ukrainians who have moved out of their sponsor accommodation to find a new sponsor. For obvious and important reasons, tackling homelessness and rough sleeping in all their guises remains a priority for the Government, and we are spending £2 billion over three years on that. Local councils have a responsibility to support Ukrainians who are homeless or at risk of homelessness, including by providing temporary accommodation where required to ensure that no family is without a roof over their head.
(7 months, 2 weeks ago)
Commons ChamberThe Home Office’s knee-jerk policy to raise the threshold and its sudden partial reverse ferret to bring it slightly back down again caused a huge amount of distress to people up and down these islands who now do not know what the future holds for them and their families. What equality impact assessment has been carried out on the policy which, as well as affecting Scotland, will disproportionately affect women?
When he announced the changes, the Home Secretary made a commitment to lay the information on the projected volumes in the House Library. It seems that the hon. Lady is criticising the Government for not taking the steps that we have taken to say clearly that the changes will not be applied retrospectively. We think that that is the right thing to do and that it has provided reassurance to people. Ultimately, we need to get net migration under control and we think it is a pragmatic and sensible package to take forward.
That does not answer the question that I put to the Minister at all. What equality impact assessment has been carried out on this policy? What recognition of wage levels in Scotland has there been in relation to the policy? He cannot tell me.
One of my constituents tells me that they are worried about their spouse, who works as a legal administrator, coming over from Australia. Also, a man is worried about his nephew and partner who will never be able to return from Canada if they want to come back to live in Scotland, and there are many more who are guilty only of falling in love with somebody of what the Government consider to be the wrong nationality. Will the Minister apologise to them for the chaos that these policies have caused?
The position is as I have set out. We think the number of people coming to the country in this way is not sustainable and that we are taking forward a pragmatic, balanced package. As I have said, the measures will not be applied retrospectively, so they will not affect existing applications that have been lodged.
(7 months, 2 weeks ago)
General CommitteesThe hon. Gentleman sort of pre-empts what I was going to say in my remarks; I was just trying to deal with each contribution in turn to ensure that the points are dealt with thoroughly. However, I can tell him that the Home Office is allowed to keep £19 million of the civil penalty regime income, and that is put into the consolidated fund, underpinned through the Immigration Act 2014.
The hon. Member for Glasgow Central rightly also asked about some of the safeguards around debt recovery and appeals against the civil penalties. People can appeal a civil penalty decision if, following an objection to the Home Office, that decision has been upheld. An appeal must be made on the same grounds as the objection, and the employer, landlord or letting agent must do so within 28 days, registering the appeal at a county court or sheriff court. The three grounds are as follows: the person is not liable to pay the penalty, which could mean they are not the employer, landlord or letting agent of the illegal migrant identified; they have a statutory excuse, which means they carried out checks as required; and the level of the penalty is too high. She specifically asked whether there is sensible discretion within the system, and the answer is yes: officials have discretion in order to deal with such matters appropriately.
The Minister says that somebody has 28 days to appeal, which is quite a short period of time. How long does the Home Office take to conclude these cases?
My understanding is that we try to deal with the matter as quickly as possible following an appeal being lodged and that we work to a similar 28-day timescale.
I understand why the hon. Lady asked about the devolved Administrations. They were not consulted on these measures, which are reserved policies, but the Government wrote to them to advise on the increase to the civil penalties when the draft orders were laid in November 2023. On whether the civil penalty increase applies across the UK, the right-to-work scheme has UK-wide application, as the hon. Lady knows, and the right-to-rent scheme is in force in England only. The longer-term intention is to explore rolling the scheme out to the rest of the UK.
The hon. Member for Bermondsey and Old Southwark asked an important question about how we ensure that the penalties are paid. The Home Office works closely with debt recovery providers and other Departments to do as much as we can to ensure that they are. Where a penalty is unpaid, it will be registered with the civil court and enforcement action commenced. Where companies take action to dissolve and be struck off the companies register, we may lodge an objection against the application when a penalty has not been paid. Where an employer remains non-compliant or becomes liquidated or bankrupt, details are shared with the Insolvency Service, which considers action under the Company Directors Disqualification Act 1986. Successful action to disqualify an employer as a director can tackle the practice of carrying on the same business successively through a series of companies each of which becomes insolvent. As I mentioned earlier, we look carefully at what more we can do to ensure that the fines are paid as expeditiously as possible.
Let me turn to how the increase was calculated. Civil penalties for non-compliance have remained the same since 2014, despite periods of high inflation, and the approach to the increase in the civil penalties was based on evidence and research on international comparisons and other civil penalty schemes operated in the UK. Where illegal working is identified, the increased penalty level for the right-to-work scheme aligns the UK at the higher range of sanctions applied across international comparators, including France, Germany, Spain, Belgium and Australia.
An employer, landlord or letting agent may request permission from the Home Office to pay a civil penalty in instalments over an agreed period, which is usually up to 24 months. In such cases, they should provide the full reasons for their inability to pay the full penalty amount in one payment. I reiterate that the Home Office has discretion to handle such matters sensibly and appropriately, which I think addresses the points raised by the SNP spokesperson, the hon. Member for Glasgow Central.
The shadow Minister, the hon. Member for Aberavon, had an interesting approach, in that he alluded to things being a little bit illegal or more illegal. The fact is that the activities and behaviours that we are seeing are illegal and unacceptable, and it is right that we have a firm and robust approach to them. We welcome the shadow Minister’s and Opposition Members’ support for the changes to the level of the penalty. The Home Office has delivered an extensive, wide-reaching engagement programme to employers, landlords and lettings agents. Extensive communication strategies, including online guidance, webinars and engagement events, are in place to help ensure that employers, landlords and letting agents understand their obligations.
Between the announcement of the proposals to increase the civil penalties in August 2023 and 20 January, Home Office officials have supported more than 30 engagement events, reaching more than 11,000 stakeholders across the relevant sectors. The Home Office continues to work with members of the Home Office employers consultative group and landlord consultative panel, which cover all major employment and rental sectors. It meets them quarterly to seek their input and to inform our future guidance and communication products in respect of the operation of the right-to-work and right-to-rent schemes. As the shadow Minister will appreciate, the employers that we engage with are those that behave in a compliant manner; the individuals and businesses that we interact with through the penalties often have a very different posture. There was no duty to consult at the outset, but we have had extensive engagement.
A very valid question was asked about discrimination. Of course, all of us in this House and in Government want to ensure that we get this right. The Home Office has published codes of practice for employers, landlords and letting agents on how to avoid unlawful discrimination when undertaking checks. The codes of practice clearly stipulate that employers, landlords and letting agents are advised to provide individuals with every opportunity to demonstrate their right to work or rent. They should not discriminate on the basis of nationality or any of the other protected characteristics. We are clear that those who discriminate are breaking the law.
The evaluation has found that the right-to-rent scheme is not discriminatory, although that does not rule out discriminatory behaviour from individual landlords and letting agents. It is often easier for landlords, letting agents and employers to carry out checks digitally, with no requirement for them to understand the types of documents that renters and employers have. In some cases, it is actually easier to bring a migrant into employment or a residential tenancy agreement than a British citizen.
My hon. Friend the Member for Amber Valley and the hon. Member for Aberavon raised a point about immigration enforcement. That of course fits within the portfolio of the Minister for Countering Illegal Migration, my hon. and learned Friend the Member for Mid Dorset and North Poole, but I can say that we are very much scaling up immigration enforcement work in tandem with the changes. The Home Office immigration enforcement teams are surging the number of enforcement operations being conducted to bring those violating our laws to justice.
Over the first three quarters of 2023, 10,509 enforcement visits took place, of which 4,721 were illegal working enforcement visits, which is a rise of more than 40% compared with the same period in 2022. Between January and November 2023, over 1,400 right-to-work civil penalties were issued, which is an increase of 40% compared with the same period in 2022; the value of right-to-work civil penalties issued was over £26 million, which is over 45% more than in the same period in 2022, and demonstrates that those efforts are being stepped up and are delivering results; 140 right-to-rent civil penalties were issued, which is an increase of over 75% compared with the same period in 2022; and the value of right-to-rent civil penalties issued was over £136,000, which is an increase by over 80% compared with the same period in 2022.
(2 years, 2 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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If the Minister finds it so offensive that my colleague calls the Tory Rwanda scheme “state-sponsored trafficking”, what else would he call the act of shipping vulnerable people across the world against their will?
I certainly would not call it “state-sponsored trafficking”.
(2 years, 3 months ago)
Commons ChamberIt is fair to say that the status quo is thoroughly depressing. I know that, behind people in Corby and east Northamptonshire, Kettering people are very sound and they are right to raise this issue. [Interruption.] And of course people in Wellingborough, too. They are right to demand action. They are right to be impatient for the change we have promised. We will continue to work hard and constructively to deliver the reforms we are making. The issue about people returning in breach of a deportation order is one that I am conscious of. The changes we are making through the Act, particularly around illegal entry, should help us to clamp down on that.
I know from both my own case work and my work as chair of the all-party parliamentary group on immigration detention that the Home Office decision-making process is often flawed and that mistakes are often made. Can the Minister provide an updated figure on the number of cases where somebody has been removed from this country in error and how much compensation the Government have had to pay out to those people as a result?
We are driving comprehensive reform of the whole asylum and migration system through the new plan for immigration. The hon. Lady asks for specific statistics, which I do not have to hand today. I will gladly take away her question and write to her. If I can provide more specific information, I will.
(2 years, 4 months ago)
Commons ChamberMy hon. Friend probes me on this with good reason. Off the top of my head, I believe that one of them was won by one vote, one was won by eight votes and one was won by 25 votes. So they are not particularly hefty majorities. The time has come to get on and pass this Bill. This Government’s new plan for immigration will tackle illegal migration and reform the asylum system.
The Minister was talking about delays in casework, but those are nothing new. My seven years as an MP have been marked with delays in Home Office casework. Some constituents have been waiting now for two years—not for a decision, but for an interview. Can he explain exactly when they will get interviewed under this system because I have seen no difference at all?
I refer the hon. Lady to the new plan for immigration and the steps we have consistently set out that we will be taking to improve the situation on caseworking. It is imperative that we do that, for two reasons.
The hon. Lady can shout from a sedentary position, but perhaps she will listen to the answer, which is that we believe not only that it is very important that those who require sanctuary get it as quickly as possible, but that it is right that those with no right to be here are removed as soon as possible and without needless delay. That is why we are reforming the broken system. We have a Home Secretary and a ministerial team who are committed to doing just that. Again, I encourage the hon. Lady to be in the Division Lobby to support our measures tonight.
The Bill is an essential element of the plan, and the sooner it passes, the sooner we will be able to deliver the longer-term solutions we need to protect vulnerable people. I note again the lack of alternative being offered from other parts of the House. I therefore commend our Bill to the House.
(2 years, 5 months ago)
Commons ChamberI must say to the hon. Member for Stoke-on-Trent North (Jonathan Gullis) that Glasgow is far more diverse and far more welcoming of refugees than he will ever be. We in Glasgow are proud to welcome refugees. We are proud of our diversity I have been inundated with emails from my constituents about this anti-refugee Bill, and not one of those emails has been in support of the Government’s position, or of this anti-refugee Bill which will punish people who are fleeing from war, persecution and female genital mutilation in countries around the world.
In the past seven years I have dealt with 1,853 immigration cases, and all of them have been riddled with Home Office incompetence and Home Office indifference to the plight of my constituents, whom I value and whom I want to be welcome in Glasgow. That indifference and that incompetence are deliberate. They are meant to make people feel unwelcome, and they run absolutely contrary to everything that my constituents stand for. I am very proud that those in Kenmure Street in Pollokshields came out of their houses when they saw the attempts to take people away in Home Office vans and said, “These are our neighbours—let them go.” Glasgow welcomes refugees, and we want nothing to do with this vicious Bill.
With the leave of the House, Mr Deputy Speaker. Let me begin by thanking Members for their contributions to today’s debate. We have heard thought-provoking speeches from Members in all parts of the House. There can be no doubt about the strength of feeling on these important issues; there can also be no doubt that as a House, we stand united in our desire to support vulnerable people, in accordance with our long-standing tradition of welcoming those in need of protection. We perhaps just disagree on how that can best be achieved. Nevertheless, it is frustrating that criticism is often not matched by a credible alternative plan.
Let me touch on some of the issues that have been raised. The hon. Member for Argyll and Bute (Brendan O’Hara) mentioned the plight of the Yazidis. I can confirm that we have resettled over 40 Yazidi people through both the United Kingdom resettlement scheme and, previously, the vulnerable persons resettlement scheme. The UK is firmly committed to protecting ethnic and religious minorities in Iraq. We raise this issue regularly with the Government of Iraq and the Kurdistan Regional Government, and continue to monitor the situation of Yazidis and other minority groups in Iraq.
I also want to clarify the position with regard to illegal entry offences. I think it worth restating the position that I have consistently maintained in the House. This is not an attempt to prosecute every illegal entrant. Instead, prosecutions will focus on egregious cases: for example, cases in which an individual has entered in breach of a deportation order, or was previously removed as an illegal entrant or overstayer. We intend to take a firm stance in such cases, in order not to inadvertently reward such individuals with a grant of leave rather than punishing their abuse of the system. We are working closely with the police and our internal investigation teams to ensure that this policy is properly enforced, but is also proportionate.
It is misleading to say that genuine humanitarian rescues will be criminalised. We need to be clear about this to ensure that people are not concerned when undertaking those important activities. Individuals and organisations will be able to continue to rescue people in danger or in distress at sea, as they do now. It may be perfectly reasonable for people to be taken to the UK, depending on the circumstances—for example, the weather conditions, or a commercial ferry continuing its scheduled route. Decisions on whether to prosecute are taken by the relevant prosecution authorities in the UK, taking into account evidential and public interest tests. That is a well established process that applies to the law in this land in many areas. Before prosecutors make such a decision, a referral by investigators is required. To make that, investigators must believe that there is sufficient evidence to prove that the person concerned was not actually carrying out a rescue of someone in danger or distress. I cannot be clearer about this.
On the issue of the right to work, a number of colleagues have raised concerns and suggestions. One clear distinction I would like to make is on the point about Ukrainians and Afghans being in a position to work. Those individuals have come through safe and legal routes—bespoke routes—that the UK Government established to provide sanctuary. That is an important distinction. I refer Members to my earlier observations on the policy more generally, but I very much look forward to the meeting with my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) to ensure that we explore this and discuss thoroughly the concerns and views that colleagues are expressing.
On Lords amendment 11 and the 10,000 resettlement figure, I thank my right hon. Friend the Member for Ashford (Damian Green), who so eloquently set out his case. We genuinely believe that flexibility is important in developing schemes and guidance. That is a position that I have maintained throughout the Bill’s passage. It will mean that we are able to develop bespoke schemes that take account of circumstances at any given time in the world, and that we are properly able to care for people in a responsible and managed manner. That is important, as is taking proper account of the capacity of local services at any given point in time. I would argue that the response to the Afghanistan and Ukraine crises demonstrates what can be achieved and why that approach makes sense and is better than having prescriptive schemes set down in legislation that are difficult to alter or remove should circumstances mean that they are no longer required. It is right to identify what routes are needed at any given point in time and then to resource them appropriately. We are of course looking at what more can be done, particularly around community sponsorship and global resettlement schemes, and I hope that that provides some reassurance about our intentions. I hear the observation that colleagues have raised today about generosity and ensuring that our schemes are comprehensive and meet the needs that exist—
(2 years, 5 months ago)
Commons ChamberI welcome this debate and the opportunity it provides for a constructive and pragmatic discussion in the House this afternoon. Russia’s attack on Ukraine is both monstrous and unjustified. We are united across this House in horror at the unfolding situation, and the entire country stands with the brave people of Ukraine. They are an inspiration to us all. This Government recognise that Europe is now seeing the largest movement of refugees since the second world war. We recognise the urgency of what is a rapidly evolving situation, and in response we have doubled down on our resolve to help those Ukrainians who want to come to the UK to escape the conflict in their homeland.
We are taking comprehensive action, including opening two new visa routes and adapting existing processes, making it easier and safer to bring Ukrainians swiftly and securely to the United Kingdom. We are creating safe and legal routes for Ukrainian nationals coming to the UK. Earlier this month, we announced our bespoke Ukraine family scheme, which significantly expanded the ability of British nationals and Ukrainian nationals settled in the UK to enable family members to join them in this country. The scheme went live on 4 March and, as of 4 pm on 15 March, has already seen 39,000 applications started and 20,000 being submitted, resulting in 5,500 visas being issued at this point.
As well as immediate family members, we have extended eligibility for this scheme to adult parents, grandparents, children over 18, siblings, aunts and uncles, nephews, nieces, cousins and in-laws, as well as all their immediate family members.
The Minister has set out the number of applications that have been made, completed and processed. Can he tell me the timescale for the completion of all those that have not yet been processed?
I am grateful to the hon. Lady. I would expect to see a real surge in the numbers of applications being granted. That is something we all very much want to see. I think that is likely to happen within the space of the next week or so. We are working tirelessly on this, and I place on record my thanks, gratitude and appreciation for Home Office staff and the case working teams who are working day and night to do this work with the urgency that it rightly warrants, and that we as Members of this House and our constituents across the country expect.
I am grateful to my hon. Friend for raising that point in some detail. It is probably best for me to take that point away as a pragmatic illustration of the sorts of challenges that we will have to address in the coming weeks in delivering this scheme. That is exactly the sort of issue we want to ensure is picked up as part of the announcements that I have alluded to and that I expect to be made in relatively short order. A proper answer to that will then hopefully help to unlock opportunities to provide support and sanctuary for someone in his community. I am very grateful to his constituents for their keen engagement in these matters.
The Minister is being very generous in giving way. We have many questions that are often best asked directly to him, so I thank him for that. In a circumstance where someone in Glasgow perhaps knows someone in Ukraine and wants to host them, how do they go about that process to make sure that they can say to the system that exists, “I have a room. I know a person”? How does that person then get to Glasgow to take up that room and that offer of generous support?
From Friday, individuals will be able to come forward and where they have that existing relationship or an individual they particularly want to support, they will be able to provide that information to aid with the matching process. There are huge advantages to using those existing relationships and synergies, and that system will go live on Friday. I hope that answers the question and provides the reassurance that the hon. Lady is looking for. I thank the constituent she has in mind for the work they are willing to do and the support they are keen to provide to those individuals, which I know will be of huge value and will be massively appreciated by all concerned.
The accommodation must be available for at least six months, be fit for people to live in and be suitable for the number of people to be accommodated. The response of the British public has been overwhelming. More than 100,000 people have expressed interest in sponsoring, and that number is going up all the time. We are engaging with local authorities on the development of the scheme to ensure that those expressing an interest in sponsoring an individual or family understand the process and our expectations.
We will ensure that those who want to sponsor an individual or family can volunteer and be matched quickly with Ukrainians in need, working closely with local authorities across the country. We know that charities, faith groups, universities and other organisations have already reached out to those leaving Ukraine. We will be working closely with them to ensure that people who want to help are matched to Ukrainians in need. We will also work closely with international partners to ensure that displaced Ukrainians forced to flee their homes are supported to apply.
Phase 1 of the scheme will open on Friday 18 March for visa applications from Ukrainians who have named people willing to sponsor them. People or organisations wanting to be sponsors who do not personally know anyone fleeing Ukraine can now record their interest. They will then be kept updated as the scheme develops. We believe that for those eligible, our offer is comparable in generosity to that proposed under the EU’s temporary protection directive.
(2 years, 6 months ago)
Commons ChamberThe Government recognise that sexual violence is a devastating crime that has a long-lasting impact on victims. The Nationality and Borders Bill, which is part of our new plan for immigration, will strengthen our ability to protect vulnerable people. On 16 September, we published an equality impact assessment, which includes an assessment of the potential impact on people who may have experienced sexual violence.
Last week, a joint letter with more than 60 signatories across Scottish civil society, including Rape Crisis Scotland, Amina Muslim Women’s Resource Centre, the Trafficking Awareness Raising Alliance, SAY Women and the Women’s Integration Network, criticised the Nationality and Borders Bill, saying:
“It is a gift to abusers and exploiters, and we have no doubt that it will harm survivors of sexual violence, gender-based violence and those who flee persecution.”
Scotland wants no part of the Bill. It is not in our name. Will the Minister take the opportunity to remove the Bill now?
I hear what the hon. Lady says. I am sure that people in Scotland are as concerned as the Government are about people risking their lives in the hands of evil people smugglers, making dangerous crossings of the channel, and all the risks that that presents to life. The fact is that sensible discretion will be built into the whole approach, with various checks throughout, good reasons and a trauma-informed approach. That is precisely what we have committed to; it is exactly what we will deliver.