Migration and Scotland

Wendy Chamberlain Excerpts

Tuesday 11th February 2020 Commons Chamber

[Wendy Chamberlain (North East Fife) (LD)]

From the midst of the choppy waters, I have some life rafts. When the “Migration: Helping Scotland Prosper” report was published by the Scottish Government, my hon. Friend the Member for Edinburgh West (Christine Jardine) stated that, as a result of the work of the Scottish Affairs Committee, it was clear that the immigration needs of Scotland would be best met on a sectoral, rather than geographical, basis. The Scottish Affairs Committee was told that the UK can vary visas for different areas and sectors under existing laws. I therefore urge the Government to use these powers in consultation with the Scottish Government.

Agriculture is a key sector in my constituency of North East Fife that relies on a migrant workforce throughout the year, particularly at peak harvest times. The National Farmers Union estimates that 80,000 people are required to harvest crops across the UK each year, and a good proportion of this workforce is mobile, moving from location to location throughout the season. Borders within the UK can create barriers to work for such individuals. Our departure from the EU is already impacting on farmers’ ability to recruit staff, so we should be doing all we can to mitigate these difficulties rather than potentially exacerbating them. The need for visas for non-EEA nationals to crew fishing boats is acute in Cornwall, as it is in East Neuk and elsewhere in Scotland.

The Scottish Government’s migration report states:

“The current UK immigration system is complex and consists of a number of different routes and visas for work and study in an unclear system of tiers alongside a restrictive approach to family migration.”

I agree. That is why we proposed an amendment to the motion that focuses on the failings of the current system and the creation of the hostile environment that impacts on people across the UK, and the need to develop a system that treats everyone with dignity and respect.

Yesterday, I was approached by one of my constituents who had previously sought the support of my predecessor, Stephen Gethins. I thank Stephen for the support he gave to the family concerned. Valentyna Yakoleva is Ukrainian national who lives in my constituency with her son-in-law Andriya, her daughter, and their two children. She moved to the UK in 2010 at the age of 60 and has lived with her family in my constituency since then. After her travel visa expired, she should have been eligible for a family reunification visa, for she had no surviving spouse. She applied for the visa through a law firm based in Dundee, with the family making the assumption that it would be granted. She has spent this last decade raising her two granddaughters. Andriya, her son-in-law, told me that he would not have been able to work if his mother-in-law had not been looking after their daughters. Andriya sadly lost his job in 2015 but is now close to qualifying as a student teacher, thanks to Valentyna’s help.

But following errors in her initial application, and a failed appeal, Valentyna faces deportation back to Ukraine. She was held in the detention centre at Dungavel in South Lanarkshire following her arrest by the police in Fife, and was then held, away from her family, for two weeks before being released on bail following a judicial review. She has been given two options: to leave the UK now, voluntarily, with the prospect of returning for visits only after a period of a year; or to be forcibly evicted from the UK and unable to return for five years.

I find this utterly appalling. Valentyna is nearly 70—the same age as my own mother, who likewise supported me with care for my children in their early years, and indeed still does. Valentyna has lived in this country for a decade. She has helped to raise her grandchildren, allowing her son-in-law to contribute to society and the economy, and to pay taxes. She now faces being sent to a country where she has no family, no property, and no prospect of employment. In addition, she has a number of health issues that she needs support with. Her son-in-law has said that Ukraine

“is no place to be sending her back to. She has no family there and her pension was frozen around seven years ago with no prospect of her ever having access to it. Valentyna is our family, she has brought up our children and has been part of this community for almost a decade. Sending her back will be an absolute breach of her human rights and devastating for all of us.”

I agree. This is a total breach of Valentyna’s human rights, causing untold anxiety and distress.

Cases like these are a black mark against our society. I ask the Minister to intervene in this case. Clearly, it is totally unacceptable to deport Valentyna, sending her somewhere where she has no family, has not lived for a decade, has no prospect of finding a job, and has her health put at risk. We should aim to be judged on how we treat the most vulnerable people in our society. We are failing Valentyna and many others like her.

As a newly elected MP, it is incredibly worrying to see the clockwork regularity of constituents contacting my office because they or their family face deportation because their visas have not been processed or their settled status has not been granted. Other Members have referred to that today. You do not have to be a Member of Parliament for long for it to be clear, if it was not already, that our immigration system is not working. It is not fair—

[Peter Grant]

I agree with pretty much everything that the hon. Member is saying. If we were to devise an immigration system that we thought would work for our respective communities, they would not be that different. But will she explain why she wants us to support the Lib Dem amendment and to wipe out the whole of the motion that the SNP has put forward? She is asking us to wipe out condemnation of the Government’s response to the Scottish Government White Paper. She is asking us to delete the bit that says that we welcome the support that we have had from across civic Scotland. She is even asking us to delete the part that says that the Home Secretary should

“engage positively with the Scottish Government…before introducing the Immigration Bill”.

If she wants the House to support the Lib Dem amendment, could she explain why she wants to delete all those parts from our motion instead of adding them to what she has put forward herself?

[Wendy Chamberlain]

rose—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. Before the hon. Lady comes back into the debate, can I just advise her gently that the amendment was not selected and therefore should not be referred to in any depth during the debate?

--- Later in debate ---

[Wendy Chamberlain]

I am aware that my amendment was not selected. All I will say is that, although there was support from civic bodies across Scotland, it was support for the debate to be started, rather than necessarily for the proposals.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

If the hon. Lady wishes to supply my officials with the details of that case, I would be happy to look into it.

[Wendy Chamberlain]

I thank the Minister for that, and I will follow it up.

I am certain that every Member of this House has a Valentyna in their constituency. All Members must be aware of the scale of this problem. Yesterday was further proof, when Members on both sides of the House spoke on Second Reading of the Windrush Compensation Scheme (Expenditure) Bill, and we heard again and again of the inhumane treatment of ordinary people just trying to go about their lives. Three weeks ago, the other place returned the European Union (Withdrawal Agreement) to this House with a number of amendments, one of which required the Home Office to provide physical documentation to evidence EU nationals’ right to remain in the UK as part of the settled status scheme. Is it any wonder that those who come to live in, work in and contribute to this country have no confidence in the current processes?

We, as a collective, are the lawmakers. We could change this, but it will require political willpower on all sides. I hope we can all agree—and there has been an element of consensus in the debate—that when we are talking about immigration, the question should be: what do we need to do to create an immigration system in which every person has their dignity respected, a system that is compassionate and effective; that works for both ordinary people and UK employers; and that works for Scotland, Wales, England and Northern Ireland?

I thank the SNP for using this opportunity to highlight the failings in our immigration system, because it is broken for the whole of the UK. Trying to fix the system on a geographical basis is, however, not the answer and only serves to further fracture the complex processes that currently exist. We need an immigration system that treats people with humanity and works for the whole of this country.