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

Yvette Cooper Excerpts

2nd reading & 2nd reading: House of Commons & Money resolution & Money resolution: House of Commons & Programme motion & Programme motion: House of Commons & Ways and Means resolution & Ways and Means resolution: House of Commons
Monday 18th May 2020 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The cross-party Select Committee on Home Affairs that I chair has repeatedly called for us to build a new, positive consensus on immigration in place of the polarisation of previous years, and this should be the time to do that: right across the country everyone can see the immense contribution of immigration to our nation and our public services, most of all our NHS and social care system. More than half of the NHS and careworkers who have died from coronavirus were born abroad; they could not have given more to this country, and we owe them so much.

We are also at a time when we need to move on from the old Brexit divides: Brexit happened in January and as a result European free movement rights end in December, so we need new legislation and the UK has to choose what to do next. We have to choose well and build a positive system that recognises and welcomes the contribution people coming to Britain have made for many generations and will make in future, too. We have to choose well and build a positive system that recognises and welcomes the contribution that people coming to Britain have made for many generations and will make in future, too. That means that the Government have to ditch the divisive rhetoric of recent years and recognise that the hostile environment, and the treatment of the Windrush generation as a result, demean us and can never be part of a new consensus. Meanwhile, Labour will need to make a start on the commitment we made in our 2017 manifesto to draw up new fair immigration rules for EU and non-EU migration in place of the EU free movement system.

I heard from Labour supporters concerned about the gulf, for example, between the rules for EU and non-EU citizens. I heard from others who opposed EU free movement, because they could see employers exploiting it to keep wages down, and who rightly pointed out that there is a difference between a free-market approach to immigration and a progressive approach to immigration. There are many different ways to draw up a left-of-centre, fair approach. It is time to look afresh at how we build a new positive consensus on immigration, but there are significant problems with the Government’s approach.

First, this is only half a Bill. It removes the old system, but it does not set out a new one. It gives Ministers major powers. In fact, we should be rejecting the old approach through successive Governments of only doing things through secondary legislation by making things more transparent and putting the bones of a new system in primary legislation instead.

Secondly, by default, the Bill extends rather than repeals the hostile environment. As we have seen from the Windrush scandal, that shames us. The hostile environment should be repealed rather than extended in this way.

Thirdly, there will be considerable problems with the Government’s White Paper proposals for social care. A quarter of a million careworkers have come from abroad —half of them from Europe—and we should be supporting them, yet the Government’s £25,000 salary threshold for overseas workers will turn those people away. Those careworkers should be valued and paid more, and I will campaign for them to be so, but the Government must heed the warning from the Health Foundation, which said:

“The government’s new immigration system looks set to make our social care crisis even worse.”

We cannot do that at this time.

The Bill should also do more to support careworkers. Rightly, the Home Office has introduced free visa extension for overseas doctors and nurses and has also said that if they die from covid-19, their families will be given indefinite leave to remain, but why exclude careworkers? Why exclude NHS porters and cleaners—those who wash and clean sick residents, those who scrub the door handles and the floor and those who do laundry for the covid wards? It is also time to lift the NHS surcharge for NHS staff and careworkers, instead of charging families maybe £10,000 when they renew five-year visas, on top of their taxes, to fund the NHS they are already working incredibly hard for and, in some awful cases, giving their lives for, too.

I believe this Bill is flawed, but I recognise that legislation on immigration is now needed. As Select Committee Chair, I will table amendments that I hope will receive cross-party support. In that cross-party spirit, I will not vote against the Bill tonight, although if the Government’s approach does not change, I expect to oppose it when it returns to the House, because it is immensely important that we try to build that new consensus. I urge the Government to do so, because they have the opportunity to do so now. There will always be disagreements on different aspects of immigration, but right now at this point, particularly in this coronavirus crisis, we should be looking for the areas where we can find agreement, and find a positive way forward.

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

Yvette Cooper Excerpts

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

[Holly Lynch]

I am grateful to the hon. Gentleman for his intervention. We spoke in favour of the “Lift the Ban” campaign, which would have given asylum seekers the right to work after six months of not receiving a decision on their asylum claims. He is absolutely right that that would restore a degree of dignity to those in the system who have skills and are willing to work and want to contribute to the communities that they call their new homes. He is right to raise that important point.

On new clause 14, we very much welcome the Government’s commitment to scrap the NHS surcharge for migrant health and care workers. However, given that the commitment was made more than a month ago and that, to date, no progress as to how it will be delivered has been forthcoming, we have tabled new clause 14, which has, once again, been crafted to sit within the scope of this legislation and would make a start on enshrining the commitment in law.

The fee was described as “appalling, immoral and monstrous” by Lord Patten, the former Conservative party chairman. The general secretary for the Royal College of Nursing, Dame Donna Kinnair, said,

“it is a shame it took this pandemic for the government to see sense.”

The British Medical Association, the Royal College of Nursing, the Royal College of Physicians and Unison have all written to the Prime Minister to ask for practical clarification on his commitment. I also asked the Minister at Committee stage for an update on rolling out the policy change, but we are no nearer to having any insight into what progress, if any, has been made.

We worked with EveryDoctor, the doctor-led campaigning organisation to reach out to the 25,000-plus doctors on their Facebook group. It started a poll on Friday asking doctors to let it know if they had had to pay the immigration health surcharge since 21 May. So far, we have heard back from 55 doctors—all 55 have had to pay the charge.

I spoke to three of those doctors this morning. I thank them for their service to the NHS in our hour of need. Upon hearing their stories of what we make them go through in order to stay in this country and work in our NHS, I was genuinely embarrassed. They have each changed their roles within the NHS over the last three months. The automatic visa extension only covers those who are in the same job. If someone is moving to or from a 12-month specialist training post, for example, which is common in the NHS, they need to apply for a new visa, as they will be transferring sponsor, even though the move is within the NHS. They will not get a new visa without first paying the health surcharge.

I heard from Dr Olivia Misquitta, who is switching to a training placement role from paediatrics and who has been asked to pay the health surcharge twice in seven months—the last time being just last week, on 24 June. She hopes that eventually she will be refunded. I also heard from Dr Ahmed Bani Sadara, from Pakistan, who is working in orthopaedics but starts his GP training in August. His change in visa means that, on 1 June, he had to pay the health surcharge for himself, his wife and his six-month-old daughter, having already been asked to pay the charge for his daughter when she was born in this country just six months ago.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Does my hon. Friend recognise that social care workers and NHS porters and cleaners—those who do some of the most important jobs on the covid frontline—have not been included in the free visa extension and, as a result, are also being pressured to pay the immigration surcharge? Does she agree that the free visa extension ought to be extended to cover the lowest paid staff in the NHS and social care?

[Holly Lynch]

I entirely agree with my right hon. Friend. In her capacity as Chair of the Home Affairs Committee, she has pushed for this issue a great deal, and I commend her for that work. I agree with her wholeheartedly.

In the long term, we need to look at the sponsorship issue. If medical professionals had simply the NHS as a sponsor, rather than individual trusts, that simple step would transform the visa system and the fees for those working on the frontline of healthcare provision.

On the health surcharge, we seek to press new clause 14 to a vote, unless we are given a clear steer and assurances about how and when the changes will come into effect, and how those who have had to pay the fee since the announcement was made will be reimbursed.

New clause 15 would quite simply exempt NHS employers from having to pay the immigration skills charge. As things stand, NHS trusts pay the skills charge for those coming to work in the NHS from countries outside the EU, and they will be expected to pay those costs for those coming from the EU after free movement ends. However, in the context of the NHS, where certain clinical skills are simply not available in the domestic labour pool, levelling a tax on NHS trusts for having no choice other than to plug their staff shortages from the international talent pool is nothing short of an outrage. An NHS trust cannot unilaterally decide to train more nurses from the domestic labour force, for example; it needs Government intervention to deliver that uplift.

We have clinical workforce shortages almost right across the board in the NHS, and that is while we have had free movement. We submitted freedom of information requests to 224 NHS hospital trusts in England, asking them how much they were losing from their budgets to pay these charges back to the Government. To give an indication of what some hospitals are paying out, Portsmouth Hospitals NHS Trust told us that in just one year—the 2019-2020 financial year—it paid the Government £972,000. It has paid over £2 million in immigration skills charges since 2017. Over the past three financial years, Lewisham and Greenwich NHS Trust had to pay the Government £961,000 in immigration skills charges. Only 21% of trusts have responded to the FOI request so far, but this tells us that nearly £13 million has been taken back out of NHS budgets and handed over to the Government since 2017. That is nearly £13 million from just 21% of the hospital trusts in England. The fact that some hospitals could be paying out nearly £1 million in immigration skills charges in a single year must surely be a sign that the system is not working as intended, and this is all while people have been able to come and work in the NHS under free movement, where fees would not have been applicable. That is about to come to an end. I urge the Minister to adopt new clause 15, to mitigate any further detrimental impact on the NHS workforce and to ensure that NHS funding stays in the NHS.

I will briefly touch on the two other changes we have proposed. Amendment 39 would time-limit the Henry VIII powers in the Bill. These powers have been widely criticised by experts, and efforts from both Labour and the Scottish National party in Committee to curb the powers or to ask the Government to state explicitly on the face of the Bill what they would be used for have been to no avail. Amendment 39 would tie them to the end date of the EU settlement scheme.

I want to take this opportunity to say that we also support new clause 29, tabled in the name of the Chair of the Home Affairs Committee, my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), with cross-party support. This new clause would seek to continue the existing arrangements for unaccompanied child refugees and maintain our commitment to family reunion. I was reassured by the Minister’s positive response to the hon. Member for Barrow and Furness (Simon Fell) on this issue during the urgent question yesterday, and I hope that discussions can continue in that positive spirit. We also support new clauses 7 to 10, tabled in the name of the right hon. Member for Haltemprice and Howden (Mr Davis), which reflect the sustained cross-party appetite to ensure that immigration detention is limited to 28 days, bringing about an end to unfair and unjust indefinite detention.

We are also keen to support new clause 2, tabled in the name of the hon. Member for East Worthing and Shoreham (Tim Loughton), who has already given his very articulate explanation as to why it matters so much. We tabled new clause 58 in Committee to the same effect as his new clause, seeking to grant settled status to all those eligible children who are currently in the care of local authorities or who are care leavers. I am grateful that the hon. Gentleman has been able to share with the House some of the latest research from the Children’s Society, which foresees a bleak outlook if we do not take action on this important issue now, taking the responsibility from local authorities who are stretched as they have never been stretched before in order to make an application on behalf of a child. This is a cohort of children and young people who are our responsibility. We, the state, are acting as their legal guardians. They have already had the worst possible start in life, so let us do the best we can for them by at least giving them confidence in their immigration status.

As we have already heard through freedom of information requests, the Children’s Society identified a sample of 404 children who have had their status confirmed through the scheme, out of an estimated 9,000. Of those, 282 were granted settled status and 122 were granted pre-settled status. Given everything that those kids have been through, let us not sign them up for more years of paperwork and burdens of proof by giving them pre-settled status. Let us take all that uncertainty off the table for them by adopting new clause 2 and giving them indefinite leave to remain, as was so articulately outlined by the hon. Gentleman.

I very much hope that the Minister is open to the concerns that have been raised during the passage of the Bill and will no doubt be raised again this afternoon, but we are minded to take new clauses 13, 14 and 15 further if we are not satisfied that the Government are taking steps to mitigate the impact of the Bill and deliver on the promises that they have already made, not least to our brilliant NHS care workers.

--- Later in debate ---

[Edward Timpson]

I am grateful to my hon. Friend, and he is right. When one is trying to understand the consequences of the actions one takes as a Minister—as we heard in the statement earlier from the Under-Secretary of State for Justice, my hon. Friend the Member for Cheltenham (Alex Chalk)—the enrichment of data can help us appreciate whether we are making good progress. In the independent school exclusions review that I carried out for the Government last year, a lot of my recommendations were about getting better data about the children in our systems, why they are there and how we can better track them, so that we know we are making good decisions on their behalf. I agree that that information would be relevant to the considerations under new clause 2.

It is important that we get this right. The corporate parenting principles that we legislated for in 2017 are designed for circumstances just like these. Please can we make sure that we live up to them?

[Yvette Cooper]

I support the points made by the hon. Member for Eddisbury (Edward Timpson) and new clause 2, which was tabled by the hon. Member for East Worthing and Shoreham (Tim Loughton), because we have a responsibility to ensure that children in care do not miss out on the European settlement scheme through no fault of their own, and that we do not end up with another Windrush generation because nobody was looking out for those young people and they missed out on their rights—just never got the right papers.

I will speak to new clauses 29, 30 and 32, as well as other new clauses that I support. New clause 29 seeks only to continue the UK’s current commitments to help child refugees. I welcome the work the Government have done to support Syrian families, to speed up the Dublin scheme and to support the Dubs scheme, as well as the recent flight from Greece. All of that work resulted from cross-party debates in this House that the Government rightly responded to. We should not turn the clock back now or rip up that progress.

[Paul Blomfield (Sheffield Central) (Lab)]

My right hon. Friend will know that the Government have talked about their

“proud record on supporting the most vulnerable children”.—[Official Report, 22 January 2020; Vol. 670, c. 318.]

Does she accept that there can be no children more vulnerable than those she is talking about, and that the Government simply must maintain this commitment?

[Yvette Cooper]

My hon. Friend is exactly right. We are talking about children and teenagers who are alone, with no one to care for them, but who have family here who could look after them.

The Government have said that we should instead rely on the draft text they have put forward in the transition negotiations. However, the Minister knows that the draft text represents a major downgrade in support and rights for lone child and teen refugees. All it does is allow EU member states to request the transfer of an asylum claim. There is no obligation on the UK even to consider it, never mind accept it. There are no objective criteria on which an application could be based, no appeal rights and no safeguarding timetables to make sure that a case does not drift endlessly, leaving a child in danger and in limbo, and the child with no family will no longer have legal rights.

Let us consider the case of a 14-year-old stuck in the awful Moria camp on Lesbos, whose older sister or aunt is living here and could care for them. If the Home Office loses, ignores or refuses the Greek request for a transfer to the UK to join family, there will be nothing the child, the family or anyone else can do. That is wrong.

The Government do not need to wait for the negotiations to be completed. We should just decide what we think is right. We have the ability to do that. Whatever other countries decide, we in Britain should continue our support for child and teen refugees who are alone and need support. Any Member of this House who has visited the camps in Greece or northern France will know how desperate, unsanitary and dangerous the conditions can be. No child should be abandoned alone in a dilapidated refugee camp or shelter when they have close relatives here who would welcome them with open arms, care for them, get them back into education and reclaim a future for them.

Some child and teen refugees have fled war or escaped being child soldiers. Many have been abused, sexually exploited or assaulted, and many have lost family members along the way. Without safe legal routes to sanctuary, they will be easy prey to trafficking and smuggler gangs, and we know quite how perilous that can be. Desperate young people have already lost their lives; we should not turn our backs on them now. We need to sustain those safe and legal routes. That is why I urge the Minister to support new clause 29.

New clause 30 is intended to ensure that the new immigration system helps rather than harms our economy and public services by calling for a proper assessment of its impact on social care, similar to that in new clause 1, which I support. The Migration Advisory Committee said in its report that these changes will “increase pressure on social care”, yet so far there has been no plan from the Government on how they are going to address that. Social care and those workers are far too important to be ignored. That is why, as well as supporting new clauses 13 to 15—tabled by my hon. Friend the Member for Halifax (Holly Lynch) on the Front Bench—about supporting the contribution made by many of those workers during the covid crisis, I also urge the Minister to accept the spirit behind one of the other clauses that we tabled which is not in scope today, but which urges the Government to extend the free visa extension to social care workers, as well as to the NHS, doctors and medics. Supporting doctors and nurses is right, but excluding the care workers who hold dying residents’ hands, the cleaners who scrub the door handles and the floors of the covid wards, or the porters who take patients to intensive care is just wrong. We should be supporting them as well.

I will also speak to new clause 32, which is about trying to make sure the system operates fairly, because by default, the Bill extends the hostile environment, even though the Windrush scandal has shown the damage that some of those measures can do. The housing provisions do not benefit the immigration system, but they do lead to discrimination for legal residents and British citizens, including discrimination based on the colour of their skin. That is why the Home Affairs Committee recommended a full review of the hostile environment and why Wendy Williams’ report has called for the same. Extending those hostile environment measures now, rather than accepting the recommendation of Wendy Williams’ report, is the wrong thing to do.

I also support new clauses 7 and 8 in the name of the right hon. Member for Haltemprice and Howden (Mr Davis). Again, those reflect recommendations of the cross-party Home Affairs Committee, because we have found that by not having a limit on detention and not having proper reviews and safeguards, too often, the system just drifts. Too often, people are just left in limbo because there are not proper safeguards to make sure things happen in time.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

Will my right hon. Friend give way?

[Yvette Cooper]

I will not—I am conscious of time. The Government have a responsibility through this Bill to ensure that they build a system that can build consensus and cross-party support; that supports our economy and public services and does not undermine that; that recognises and rewards the huge contribution that people have made to this country, including and especially during the covid-19 crisis; that is fair and respects people; and that continues to support those who are most vulnerable, and particularly children and child refugees. The amendments that I and others have put forward are in that spirit of building a system that can provide consensus across the country. I urge the Minister to accept them.

[Dehenna Davison (Bishop Auckland) (Con)]

Having served on the Public Bill Committee and knowing how much my constituents across Bishop Auckland care about this important Bill, it is my pleasure to speak in support of it in this debate.

We must never lose sight of why we are having this debate and why it is so important: this Bill symbolises the trust that voters put in our nation to decide our own immigration rules and, in turn, the trust that they put in this place to get those rules right. The Bill marks the start of a journey that will provide the framework to allow doctors, scientists and engineers to come to this country, contribute and make it their home, whether they are from Austria or Australia, Italy or India. There are some who mourn the end of free movement and indeed some—mainly on the Opposition side of the House—who would keep it indefinitely, but rather than seeing the changes to free movement as the end of a chapter of our migration story, we should view this as the start of the story in which Britain opens its arms to the rest of the world.

Turning to the amendments from my right hon. Friend the Member for Haltemprice and Howden (Mr Davis)—he is no longer in his place, but I have great respect for him and he has long been a proud champion of liberty—it is important that we look in detail at immigration detention and remember the reason why it is used. In moving into this new immigration system, we must remain robust and firm. We must have a level and fair immigration system, but one where those who fall foul and offend are dealt with and face sufficiently serious consequences.

Let us be clear: immigration detention is only ever used as a last resort. It is only used as an immediate precursor to removal from the country or where there is a serious risk of someone absconding or causing harm to the public. As with any system, there will be those who slip between the nets, and I would be grateful for the Minister’s reassurances that these people are being fully considered in this legislation. However, looking at the current immigration detention figures, we see that 97% of people currently in detention are foreign national offenders, who have committed some of the most serious, heinous, disgraceful crimes—crimes such as murder, rape and child abuse.

By implementing an arbitrary time limit on immigration detention, we could make it much more difficult for those offenders to be removed from our country. That is not good enough and it is not something my constituents in Bishop Auckland would accept.

--- Later in debate ---

[Kevin Foster]

I will not be able to; I just do not have the time.

Moving to new clause 29, I have listened carefully, and I assure all Members that the Government are committed to the principle of family reunion and supporting vulnerable children, as set out in a letter I sent to all Members of Parliament this morning. We recognise that families can become separated because of the nature of conflict and persecution and the speed and manner in which people are often forced to flee their country. However, new clause 29 does not recognise the current routes available for reuniting families or the negotiations we are pursuing with the EU on new reciprocal arrangements for the family reunion of unaccompanied asylum-seeking children in either the UK or the EU, as set out in the draft legal text.

[Yvette Cooper]

Will the Minister give way?

[Kevin Foster]

I am afraid I do not have the time. A negotiated agreement for a state-to-state referral and transfer system would provide clear and consistent processes between the UK and EU member states, ensuring appropriate support for the child and guaranteeing reciprocity. The new clause seeks guarantees that cannot be provided for in UK domestic provisions alone.

The current immigration rules also include routes for family members wishing to enter or remain in the UK on the basis of their relationship with a family member who is a British citizen or settled in the UK, as well as those who are post-flight family of a person granted protection in the UK. Those routes will remain in place at the end of the transition period.

The new clauses on the devolution of migration policy are another unsurprising attempt by the Scottish nationalists to fulfil their ambition of setting up a passport control point at Gretna to fulfil an agenda of separation. We are delivering an immigration system that takes into account the needs of the whole of the United Kingdom and that works for the whole of the United Kingdom, and we will not put an economic migration border through our country. As Members who have spoken pointed out, serious discussion needs to be had about how Scotland can attract more people to live there, work there and be a vital part of the community, and many of those issues are absolutely in the hands of the Scottish Government to address.

Finally and very briefly, we had reference to comprehensive sickness insurance. To be clear, the rules have not changed in terms of the EEA regulations. The insurance would not block someone getting through the EU settlement scheme and we would be happy to hear any such examples. With that, I have explained why the Government does not accept the new clauses.

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

Yvette Cooper Excerpts

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

[Kevin Foster]

We have been very clear that we will have a points-based system that will respond to the needs of the United Kingdom’s labour market and workforce, and that our migration system will not provide an alternative to investing in and rewarding those who work in critical sectors such as social care.

As Members will know, I have previously spoken at length about the role of the Migration Advisory Committee, which now has an expanded remit to examine any aspect of the immigration system and to provide annual reports that Parliament can, and almost certainly will, debate. I have also outlined the Government’s continued commitment to keeping all policies, including the skilled worker route, under review. We do have the flexibility to adapt and adjust on the basis of experience and evidence. Hon. Members will have heard me say before that the immigration system cannot be the solution to issues in the social care sector. We must not continue to rely on people coming to the UK when the focus should be on the domestic workforce to address shortages in the sector. As was just touched on, migration policy should not be an alternative for employers to offering the type of rewarding packages that care staff deserve.

To deliver change to the social care sector, we need to make changes to the way that we train, recruit, attract and retain staff. The Government are focused on working alongside the sector, including through Skills for Care, to ensure that the workforce can meet the increasing demands and continue to deliver quality, compassionate care. Immigration must be part of our overall strategy for this sector’s workforce, not a handy alternative for employers to—

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Migration Advisory Committee has effectively recommended a significant increase in the pay of social care staff, which they urgently need—and they have been under immense pressure this year. Will the Minister accept that recommendation from the Migration Advisory Committee?

--- Later in debate ---

[Miss Dines]

No, I will not give way. Our focus needs to be investing in this country for more young people and older people to be retrained to work in this sector and to be valued with proper wages. We have a fantastic resource at home. In Derbyshire Dales, I have spoken to several care workers. They all work incredibly hard and we treasure them. For those reasons, I oppose Lords amendment 1.

Lords amendment 2 would amend clause 4 of the Bill. I cannot go into as much detail as I would like because of time constraints, but the change suggested would provide preferential family reunion rights under EU free movement law indefinitely. The people of this country did not vote to leave the EU to go on to grant such indefinite rights. It would provide an unfair situation for all other UK nationals who wish to live in the UK with family from outside the EU. The suggested creation of a lifetime right for one group of nationals over another—UK nationals living overseas who have families from other parts of the world—would be grossly unfair to our citizens. We are not leaving the EU and taking the EU’s broken immigration rules with us. European Union free movement simply needs to end.

Lords amendment 3 relates to children in care. The proposal is over emotive and simply not necessary. The Government are providing extensive support to local authorities, which have a legal responsibility already for applying on behalf of eligible children in care to get UK immigration status under the settlement scheme. In my practice at the Bar representing guardians, children, parents and local authorities, I witnessed such circumstances frequently. Furthermore, the Government have made it clear that they will accept late applications. The amendment is just political and wholly unnecessary.

I am not going to be able to spend much time talking about Dublin III, but it is worth remembering that this country is now a sovereign country and we can make our own laws. We have a strong record of supporting vulnerable children, refugees and asylum seekers, and we will do that. We have an admirable record internationally, and I do not accept the naysaying and doom that we hear from the Opposition. The fact is that we have an electoral mandate to fix the problems that exist in our broken electoral system, and I very much look forward to the great ideas of the Government for new legislation in that area next year. We will continue to provide a safe haven to those fleeing persecution and oppression and tyranny, but we will not allow organised criminals to continue to exploit people, and we will have to stop what is happening in bringing people who are exploited across the channel.

Briefly on Lords amendment 5, I say that we do not need to rely solely on written documents. Physical documents can get lost, stolen and are often tampered with. The online scheme is safer and more reliable. I therefore oppose the amendment. As I am running out of time, I cannot go into detail, save to say that a time limit is necessary to be able to control immigration, and any suggestion otherwise is fanciful. I have no hesitation in supporting the Government in opposing the amendments today.

[Yvette Cooper]

Can I say to the Government that I am disappointed that they are resisting all of the amendments from the Lords? Clearly, immigration legislation is needed, and new immigration rules are needed in time for January when the transition ends, but the purpose of Lords amendments is to try to improve those rules and the legislation.

I would say to the hon. Member for Derbyshire Dales (Miss Dines) that that is what this debate is all about—for the UK to decide what principles it wants to embed in the immigration system for the future, and many of the Lords amendments are about establishing principles around compassion and drawing on the history the UK has long had of supporting refugees and also supporting the vulnerable.

It is disappointing that the Government are not responding to the mild request to have a social care impact assessment. It is only a limited request, but it is the right response to the Migration Advisory Committee’s recommendation that something needs to be done. It recommended a pay increase, which I would strongly like to see. In the absence of that, it said that social care should be added to the shortage occupation list to make sure that that vital service is not overstretched as we go through another difficult winter. The Government have provided no response to that at all.

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

Yvette Cooper Excerpts

Consideration of Lords amendments
Wednesday 4th November 2020 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

I thank the hon. Member for keeping his comments brief. I do not intend to put on a time limit, but if people can keep to roughly Stuart C. McDonald’s length of speech—about four minutes—we will get fairly well everybody in.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

This Lords amendment should not be a point of party political disagreement. I agree with every word that the hon. Member for East Worthing and Shoreham (Tim Loughton) said. He is a fellow member of the Home Affairs Committee, and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) is also a member of the Select Committee. We may disagree on many things, but on this we are in strong agreement, as we are with my hon. Friend the Member for Halifax (Holly Lynch).

When in the past we have helped child refugees, we have done so on a cross-party basis—be it, generations ago, with the Kindertransport or, in more recent years, with the Dubs amendment put forward by Lord Dubs, himself a child of the Kindertransport. We have done so with the investment through the aid budget supporting refugees across the regions, and with the resettlement scheme, which many of us called for and the Government rightly brought forward, to help many Syrian families restart their lives. The same principle should apply here as well.

We have always had cross-party agreement that we should do our bit to help children and teenagers who are alone with no one to look after them, and who have fled conflict and persecution but have family here in the UK who can care for them, put a roof over their head, try to make sure they get back into school, look after them and give them back a future. It is something that every one of us would want for our own families if we, for a moment, just think about walking in others’ shoes and about the awful plight of families in this situation, torn asunder by conflict or by persecution. I have teenage and adult children and, like so many of us, I would want them to be back together or to find others who could care for them from within our family if something terrible happened.

While the Government’s proposed review will, I hope, be important in looking at safe and legal routes to sanctuary, it is not an alternative to the Lords amendment. Reviews take time and consultation takes time. All of those things take time, and we do not know yet where it will end, but at the moment the rules change in January, and therefore it is not an alternative for the children and teenage refugees who may be in need of support to rejoin family now.

The hon. Member for East Worthing and Shoreham set out clearly why the current rules do not suffice to provide that support, but Safe Passage provided us with the reason why there is so much at stake when it described the case of a 14-year-old teenage boy on the streets of Paris, whose brother is here. Safe Passage had worked with him to get him off the streets into secure accommodation, to get him support from social services and to get him into the legal process to apply to rejoin his adult brother, who is in Scotland. However, the boy and his brother became deeply anxious that the rules were about to change at the end of December, and he has now left that accommodation. He has absconded, and nobody knows where he is. The message he left behind said, “I have heard that the law will change. What will happen to me?” The huge risk is that he may now end up in the arms of people smugglers or people traffickers, trying to make a really dangerous journey. We have seen the consequences of those awful, dangerous journeys in flimsy boats, with lives having been lost so recently—children’s lives have been lost as well.

I urge the Minister to think again and go with the spirit of the things he told us this morning about wanting to be compassionate towards child and teenage refugees. I urge him to keep these provisions in place, to accept the Lords amendment and to recognise our continuing obligation to reunite desperate families. If he wants to look at this again once his review is in place, he will have done no further harm to those families in the meantime.

For the sake of these teenagers and young people, whose safety and lives may otherwise be at risk, I urge the Minister to accept the Lords amendment.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

I very much welcome the Minister’s restating of the commitment to safe and legal routes, which we all recognise are critical to tackling the risks of trafficking. I also very much welcome the commitment to existing family reunion routes.

One issue that has not received enough attention in the debate around child refugees is the humanitarian issue of what happens to them after they arrive in this country. It is important that I ask the Minister to consider some of those wider implications, because they are enormously significant in making a decision about the UK’s attitude to so many of these questions. They are vital to our care system, to local authorities and, of course, to local communities, because the children and young people we are talking about in the context of this specific amendment and debate are a very small proportion of the number the UK is involved in supporting. Indeed, from 2015, we saw around a doubling of the annual number of unaccompanied children and young people coming into the care of local authorities in the United Kingdom under the terms of the Children Act 1989, partly as a result of the Government’s commitments, but also in recognition of the fact that determining the narrow legal status of a child refugee before they arrive here and ensuring that is sustained after their arrival is something with which this debate and the legislation struggle.

One of the big challenges I have always found, having worked with the noble Lord Dubs on these issues for some time, is that the idea that Dubs created a very specific route that opens up an opportunity often turns into an illusion for these children once they arrive,. I have personally come across many examples of young people who have been lined up to come here to be reunited with a family member only for it to transpire that the family member is in no position to care for them, and that young person is, in fact, simply being lined up to be taken into the United Kingdom care system. That, of course, is the ultimate destination for many unaccompanied child refugees, because that is what our legislation requires.

Although I very much agree with the points raised by the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), we need to consider not that Dubs is unique in and of itself but that, actually, it concerns a very small, flexible and variable number within a much larger number of child refugees who are coming into the care of the United Kingdom.

When the Minister looks at the wider capacity picture, he should speak to the 30 councils that have come forward and said they would like to take Dubs children. He should ask them why they are not willing to make those places available to the large numbers of existing asylum-seeking children who are in the care of local authorities while looking for openings under the national transfer scheme. That would enable many of these children, many of whom may turn out to be Dubs eligible anyway, to move into the care of a local authority in a different part of the country. That is a critical question.

In conclusion, I welcome much of what the Minister said. I simply ask him to provide in his response a commitment on the future of global resettlement. We all recognise that this is a very small part of that much bigger picture. A clear commitment from the Government about when the scheme will commence and what its resourcing will look like would provide assurance of what the future framework is for so many vulnerable people around the world and maintain the UK’s reputation as providing a safe and honourable route to a safe haven for those who genuinely need it.