Oral Answers to Questions
Caroline Nokes Excerpts(7 years ago)
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Layla Moran (Oxford West and Abingdon) (LD)
The Minister for Immigration (Caroline Nokes)
The Government are committed to using the detention estate sparingly, and only when necessary. We have taken a systematic approach to modernising and rationalising the detention estate, so that we ensure that we have the geographical footprint and resilience required to meet our future needs. By this summer, the detention estate will be almost 40% smaller than four years ago, and of significantly higher quality.
Layla Moran
I welcome very much the closure of Campsfield House; I have been campaigning for its closure for a very long time. However, it happened very quickly, so lots of workers are now worried about where they will find a job. The local community is desperate to know the plans for the site once Campsfield is totally run down.
Caroline Nokes
I am glad that the hon. Lady identified her involvement with the Close Campsfield campaign. I am conscious that she was at many of the protests calling for the closure of Campsfield. We are developing options for the future use of the site following the end of the contract, which was, in any case, scheduled to end in May 2019. Although the employment of Mitie staff is a question for Mitie, the company has provided assurances that it is actively engaged with its staff on redeployment options within its business. All detainees have been transferred to other centres where they will be held in decent and dignified conditions.
Alison Thewliss (Glasgow Central) (SNP)
The Minister for Immigration (Caroline Nokes)
The hon. Lady raises the question of how the EU settlement scheme is working. Of course, we know that EU citizens make a huge contribution to our economy and society, and we want them to stay. The first two phases of beta testing have successfully concluded, and the wider public implementation of the scheme has gone live today.
Alison Thewliss
I have received a worrying pattern of news about EU citizens in my constituency being denied universal credit because they are deemed not to have the right to reside. This is happening despite the Department for Work and Pensions having access to work history records and other evidence to the contrary. Is this an example of the hostile environment extending to EU citizens before Brexit has even happened, and will the EU settlement scheme have any impact on this?
Caroline Nokes
The EU settlement scheme is a really crucial part of making sure that the 3.4 million EU citizens living here can absolutely evidence their right to stay here through a digital status in line with 21st-century requirements. The hon. Lady will have heard my right hon. Friend the Home Secretary talk in positive terms about how important this scheme is. We have now opened the final phase of testing before the whole scheme goes live at the end of March.
Mrs Maria Miller (Basingstoke) (Con)
The Government are right to be working hard to secure a Brexit deal, but if no deal is reached, can my right hon. Friend reassure EU citizens living in our county of Hampshire and elsewhere in the UK that their rights will still be guaranteed? This is important and it needs to be clear, not just to citizens but to businesses as well.
Caroline Nokes
Picking up on the final part of my right hon. Friend’s question, last summer we launched the employer toolkit to enable employers best to communicate to their employees the settled status scheme. She is right to point out the concerns that many may have about the event of no deal. I would like to reassure her that across Government we are working incredibly hard to avoid a no-deal outcome. However, the Department for Exiting the European Union was very clear about the protections afforded to EU citizens in the event of no deal, and we believe that our offer to them is generous. Deal or no deal, the scheme will open publicly at the end of March, and it is crucial that as many citizens as possible apply.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
The Minister knows that this is an increasingly complex area. I have had many letters from constituents concerned that they will be impacted by the immigration health surcharge. Who is going to have to pay this, and is it going to be increased along the lines foreshadowed in the press?
Caroline Nokes
The hon. Gentleman will know that we did increase the immigration health surcharge. That was an important manifesto commitment that the Conservative party made to make sure that those who are using NHS services are also contributing to the NHS. The settled status scheme has deliberately been designed to be simple, not complicated. It is really important that EU citizens only have to prove their identity, prove their residence, and confirm that they do not have criminality. In the second phase of private beta testing, it has been very plain that the vast majority of people going through the scheme—in the region of 80% or so, I believe—have been able to confirm their residence of five years without any reference to additional information other than their records with Her Majesty’s Revenue and Customs or their DWP records.
David T. C. Davies (Monmouth) (Con)
As somebody who is married to an EU citizen, I think that these proposals are entirely fair and proportionate, and are in marked contrast to the outrageous scare stories that were put about by some people, in and out of this House, who are fanatical about remaining in the European Union.
Caroline Nokes
I absolutely agree with my hon. Friend. I am sure that his wife will be going through the process very soon indeed. In fact, some of the best advocates for the simplicity of the EU settled status scheme have been those who have already gone through it, and we have had very positive feedback on the first two phases of testing.
Martyn Day (Linlithgow and East Falkirk) (SNP)
The Minister for Immigration (Caroline Nokes)
The Government’s immigration White Paper sets out the principles of an immigration system that will work in the best interests of the whole of the UK. As my right hon. Friend the Home Secretary has made clear, the White Paper is the start of the conversation. I look forward to ongoing engagement with stakeholders in Scotland over the course of this year.
Martyn Day
The Scottish policy chair at the Federation of Small Businesses has said:
“The UK Government’s obstinate approach to immigration is a clear threat to many of Scotland’s businesses and local communities. These proposals will make it nigh impossible for the vast majority of Scottish firms to access any non-UK labour and the skills they need to grow and sustain their operations.”
Is he wrong?
Caroline Nokes
The hon. Gentleman is right to point out the importance of our engaging with business groups and stakeholders across Scotland. I was delighted to meet the CBI in Scotland in a business roundtable back in the summer, and that engagement will continue. I would also like to point out that the independent Migration Advisory Committee was very much of the view that Scotland’s economic situation is not sufficiently different from the rest of the UK to justify a very different migration policy.
Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
Does the Minister accept that the idea of a skills-based immigration system is undermined by having an arbitrary salary threshold, which should be scrapped in favour of an honest assessment of the real skills demand across different sectors in the economy?
Caroline Nokes
I would gently point out that it was not an arbitrary salary threshold; it was the one put forward by the independent Migration Advisory Committee. It is, of course, important that we engage with business and employers across the whole of the United Kingdom, and we will use the next 12 months to do so.
Joanna Cherry (Edinburgh South West) (SNP)
My hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) has referred to the concerns of the policy chair of the Federation of Small Businesses in Scotland. The chief executive of the Scottish Tourism Alliance, Marc Crothall, has said:
“There is no doubt that the government’s plans will exacerbate the existing recruitment crisis considerably, placing our tourism industry and what is one of the most important economic drivers for Scotland in severe jeopardy.”
Is he wrong as well?
Caroline Nokes
The hon. and learned Lady will be aware that the Migration Advisory Committee, which is independent of Government, made the point that it did not see the case for a wide range of sectoral schemes. In fact, it made the case that perhaps only in agriculture was one appropriate. However, it is important that we continue to engage with all businesses and sectors. I am sure she will be delighted to know that the tourism industry in Wales has already beaten a path to my door, and I look forward to Scotland doing likewise.
Joanna Cherry
Clearly the tourism industry in Scotland are very unhappy with the proposals, and I beg to suggest that they know more about their industry than the Migration Advisory Committee. The reality of the situation is that people in businesses across Scotland are dismayed by the UK Government’s approach to immigration. Scotland already has different policies and approaches on taxation, climate change, tuition fees and social care. If those major areas of policy can be devolved and implemented to suit Scotland’s needs, why can immigration not be devolved? I would like to know the Minister’s views, rather than the Migration Advisory Committee’s views.
Caroline Nokes
I am sure the hon. and learned Lady recalls my appearance before her at a Select Committee, where I made it clear that my view was that immigration policy was a matter reserved to the United Kingdom Government.
Teresa Pearce (Erith and Thamesmead) (Lab)
The Minister for Immigration (Caroline Nokes)
The hon. Lady asks a very specific question about figures. I am very conscious that service standards can sometimes drive behaviours that we would not want to see, with caseworkers deliberately choosing cases that are less complex to deliver. Sometimes it has been the case that complex cases have not received the attention that we want. We are working incredibly hard in UK Visas and Immigration, across the piece of visas and applications for asylum and leave to remain, to ensure that we drive down waiting times. If she would like to see me to discuss any particular cases, I will be delighted to talk to her about them.
Gillian Keegan (Chichester) (Con)
Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
In the remotest parts of the United Kingdom, EU health workers are filling vital roles that might otherwise remain unfilled. Will the Government assure me that these crucial people will be allowed to remain at no cost to themselves?
Caroline Nokes
The hon. Gentleman will know that, in the second private beta testing phase of the EU settled status scheme, we made a political priority of those working in NHS trusts and the universities sector. He is absolutely right to point out the vital role that EU citizens play within our health service, and of course he will have heard the Home Secretary and I say repeatedly that we want them stay and are determined to make it as easy as possible for them to do so.
Tom Pursglove (Corby) (Con)
People in Corby and east Northamptonshire want to see more police out on the beat, catching criminals and deterring crime. What difference does my right hon. Friend believe the additional funding recently announced will make to achieving that objective?
Chris Stephens (Glasgow South West) (SNP)
The National newspaper this morning reports on a female constituent who has been detained and is due to be removed tomorrow despite court papers having been lodged at the Court of Session at the start of the month. Is this the hostile environment in action, and either way will the Minister meet me urgently so that we can secure the immediate release of this constituent?
Caroline Nokes
I am, of course, very happy to meet the hon. Gentleman to discuss this case. He will be conscious that it would be inappropriate for me to discuss it on the Floor of the House, but I will meet him privately immediately afterwards.
Helen Whately (Faversham and Mid Kent) (Con)
In the coming months, fruit farmers in my constituency plan to welcome thousands of migrant workers from the European Union. Will my right hon. Friend assure me that, in the event of a no-deal Brexit, these workers will still be able to come to make sure we can pick and pack our fruit?
Caroline Nokes
My hon. Friend will be aware that, in addition to the rights of EU citizens, which we have secured, we are also piloting a seasonal agricultural workers scheme for those in the soft fruit and growing industries, about which she has spoken to me several times. I am happy to reassure her that we wish that pilot to be successful and will work with her growers to make sure it is.
James Frith (Bury North) (Lab)
Mrs Amodio and her husband came to live in Bury over 60 years ago. Mrs Amodio had to sign the Official Secrets Act when she worked at Bury police station. Now retired, she and her husband have been told by this Government to register, apply and pay for settled status. She feels unwelcomed and angry. Will the Secretary of State confirm this policy, and what has he to say to them? Does he agree that we become lesser versions of ourselves as a country with such mean-spirited policies?
European Union (Withdrawal) Act
Caroline Nokes Excerpts(7 years, 1 month ago)
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Ms Abbott
I am glad that the hon. Gentleman is keeping up with his casework. However, if he talked to organisations that represent EU nationals as a whole and to lawyers nationally who deal with these issues, he would know that there is still too much that is not resolved—above all, the capacity of the immigration and nationality directorate to process over 3 million EU nationals effectively.
The Minister for Immigration (Caroline Nokes)
I want to reassure the right hon. Lady on this. As she will know, the EU settled status scheme has been in its pilot beta testing. We have completed both phase 1 and phase 2, and phase 3 will open on 21 January. That is absolutely because we want to make sure that it works for these individuals and that we can give them the reassurance they need before we require to have the system open. In every major IT programme, as she will know only too well, it is much better to go through a testing process than to launch it straightaway. I want to reassure her, in case she had missed it, that that is exactly what we are doing.
Ms Abbott
I am aware of the testing process. I am aware of the issues that have arisen. I am also aware that the testing process has involved people who are volunteers taking part. The challenge will arise when the mass of EU migrants choose to go through that process. I will remind the right hon. Lady, in the months to come, about her complacency about her system.
Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018
Caroline Nokes Excerpts(7 years, 1 month ago)
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The Minister for Immigration (Caroline Nokes)
I beg to move,
That the Committee has considered the draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018.
It is a pleasure to serve under your chairmanship, Mr Robertson. The draft order, which was laid before Parliament in December, is necessary to enable nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America of age 12 or above who seek to enter the United Kingdom as a visitor under the immigration rules to be granted such leave by passing through an automated gate without having to be interviewed by an immigration officer. This change is needed to give effect to the announcements made by the Chancellor and the Home Secretary that these additional nationalities should be permitted to use our e-passport gates. The House’s agreement to the draft order will ensure that the change can be implemented in time for the summer.
The UK already leads the world in the use of e-passport gates for passenger clearance. We have more e-passport gates than any other country and allow more nationalities to use them. We intend to continue to build on their use because they provide a safe, secure means of processing low-risk passengers, allowing our highly trained Border Force officers to focus their efforts on those who seek to abuse or exploit the system and on wider border threats.
The change will have a transformational impact on the border experience for these additional nationalities, providing them with significantly faster entry to the UK, but by removing an expected 6.5 million passengers from the staffed non-EEA queue, it will also have a knock-on benefit for the clearance of other non-EEA passengers arriving at ports with e-gates. Expanding e-gate eligibility to these additional low-risk nationalities will also help us to meet the challenge of growing passenger numbers, ensuring that arriving passengers are dealt with swiftly and securely.
In 2017, there were 137 million arrivals at the UK border, an increase of 5.4% from 2016. Within those figures, the increase in non-EEA passenger arrivals was even more noticeable: more than 17%. The numbers are projected to continue to increase, with the Department for Transport predicting year-on-year growth of 2.8% to 2020 on aviation routes. That is good news for the UK, demonstrating that we continue to be a destination of choice for a wide cohort of nationalities.
Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
The Minister and I have discussed e-passport gates in the Select Committee on Home Affairs, and we have discussed it with the Home Secretary. How much spare capacity does she believe e-passport gates currently have at the major ports of entry? Frankly, I have seen very long queues at e-passport gates, and often many of them are out of service or unusable.
Caroline Nokes
The hon. Gentleman will be aware that for every bank of five e-passport gates, there needs to be one Border Force officer monitoring them to authorise admission. In addition, we closely monitor the use of e-passport gates and the impact of putting additional numbers through the queues. Our modelling shows that we expect the impact on queues at the gates to be very marginal, but I am very conscious that we will have to keep the issue under review. The hon. Gentleman will know that we are increasing the number of e-passport gates; indeed, the Welsh Government have funded the reintroduction of e-passport gates at Cardiff airport, which I am sure he will welcome.
The draft order will allow us to put a potential 6.5 million additional passengers through e-passport gates, but we are conscious that 85% of passengers arriving at UK ports today are already eligible to use them. Our modelling shows that although the e-passport gates fall outside service-level agreement monitoring, it is very unusual for individual passengers to wait more than 10 minutes to get to one.
Stephen Doughty
I appreciate the Minister’s clarification, and I welcome the helpful introduction of e-passport gates at Cardiff airport. However, new e-passport gates at less used airports or ports of entry around the UK are one thing, but Heathrow, Gatwick, the Eurostar terminal at St Pancras and so on are another. Will she make clear how many additional e-passport gates will be opened at those key ports of entry?
Caroline Nokes
We continue to keep that under review with our key partners, including Heathrow Airports Ltd, Gatwick and Eurotunnel. Critically, for some of those locations, I am very alive to the challenge around physical space—I was about to say infrastructure, but it is space—and making sure that arrivals halls can accommodate more gates. We continue to keep that under review, because as far as I am concerned it is absolutely imperative that we make sure that entry into the UK is secure, swift and efficient, and that our passengers have the best experience that they can.
However, the hon. Gentleman is right to make that point, and I reassure him that I continue to meet regularly with our partners to make sure that we can have as many e-passport gates as possible open at any one time, and that they are open at the right times. A key factor is making sure that we work with partners so that we are conscious of the scheduling of flight arrivals and any delays that might build up in the airline system, so that, when people arrive in the arrivals hall, the right number of Border Force officers are present, to enable as many gates as possible to be open.
Neil Coyle (Bermondsey and Old Southwark) (Lab)
If the Government are intent on keeping the policy under review, will they also consider extending access to e-gates to other countries, particularly Commonwealth members, who feel somewhat aggrieved at not being given low-risk status?
Caroline Nokes
The Government consider many factors when looking at which nationalities to open up the use of e-passport gates to. We have consulted very closely with our security partners on this cohort and they are also countries with which we have a long track record of good border co-operation. We will continue to look at the nationalities that can use the gates, and it is absolutely imperative that we look at the impact of the 6.5 million additional passengers. However, it is also important to reflect that we also looked at volumes, and these countries have some of the highest volumes of passengers coming into the UK.
Sir Robert Syms (Poole) (Con)
May I say what a lovely jacket the Minister is wearing?
I welcome what the Government are doing; it is a great step forward. However, when one comes into Gatwick, for example, with children under 12, that is where the queues tend to be. Will these provisions mean that more people will be redeployed in the summer months to ensure that people who arrive with young children after flights from various holiday destinations are swept through quicker, because enough officers will be available to swipe their passports?
Caroline Nokes
Not yet. He should be, and given his proclivity for complimenting me on my jacket, the sooner the better.
It is absolutely imperative that we use this ability to make sure that eligible passengers are put through e-passport gates. My hon. Friend quite rightly raises the point that children under 12 still cannot use e-passport gates. Part of that is about changing biometrics and facial recognition. I am conscious that biometrics work by correctly identifying somebody from not only the photograph in their passport but the chip into which the photo is embedded. Those particular facial characteristics change in children, so we have no plans to put children through e-passport gates.
The provisions will free up capacity by putting more passengers through e-passport gates. In doing so in time for the summer, which is the peak travel time for families, we are optimistic that we will see an impact on the queues that people experience. Part of our motivation for making this change today is to make sure that things change in time for the summer.
Keeping our border secure remains a top priority. I assure hon. Members that this decision has been taken only after careful consideration and in consultation with security partners across Government. Nationals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been identified as suitable to use the gates based on several factors, including levels of co-operation of those countries with the UK on border matters.
Part of our long-term vision has always been to make better use of digital technology and greater automation to improve the passenger experience while maintaining security. As hon. Members will be aware, we recently published a White Paper setting out detailed plans for the UK’s future skills-based immigration system, which includes measures to strengthen border security and improve journey crossings for legitimate passengers. This expansion of e-gates needs to be seen in the context of a longer-term programme of work, in which we intend to use the UK’s exit from the EU as an opportunity to develop a new global border and immigration system that makes better use of data, biometrics, analytics and automation to improve both security and fluidity across the border.
I reassure the House that this is not a cost-cutting measure—far from it. The Government are increasing Border Force officer numbers, and their powers and responsibilities will remain unchanged. We are committed to ensuring that Border Force has the resources and workforce needed to keep the border secure.
To be clear, the order will allow nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States to be granted leave to enter as visitors for up to six months when they pass through an e-gate at a UK port, including our juxtaposed controls for Eurostar services. Nationals of those countries coming to the UK for other purposes, such as work or study, will also be able to enter using the e-gates, but no change in the law is needed for those circumstances, as they will already hold the necessary leave in the form of a visa or residence permit.
We estimate that up to 6.5 million passengers from those countries will benefit from the change. That expansion in eligibility is therefore a clear signal to the rest of the world that the UK is open for business, and will allow us to control our borders in the UK’s best interests. Once approved, we expect the change to be fully implemented in time for this summer. I commend the order to the Committee.
Caroline Nokes
I got a bit excited earlier and thought that we were going to finish faster than we have. A range of issues have been raised, and I will try very hard to stay within the scope of the order. However, it would be remiss of me not to reflect, as a number of hon. Members have tempted me to, on the fact that we have many opportunities next week to discuss the Immigration Bill.
Caroline Nokes
Yes—and then it will go into Committee, and I expect that a lot of people will want to serve there. I shall therefore keep well away from the wider immigration issues, save for one thing. The hon. Member for Manchester, Gorton mentioned how we assess people at the border and whether they are assessed on the basis of their own risk or nationality and so on. The assessment is of course based on a range of factors. However, he will know and will no doubt be as disappointed as I am that there is no mention of electronic travel authorities in the Immigration Bill that is shortly to be considered by the House. That is something that we must bring forward in due course. I do not wish to give any trailer to suggest that there may be an immigration Bill part 2 in the fullness of time—perhaps long after I have finished in this role—but we do intend to introduce the electronic travel authority.
Our European neighbours already have plans in train for the European travel information and authorisation system, or ETIAS, which is the European equivalent. Those of us who have travelled to the United States—we have had some wonderful adverts for the warm welcome given by immigration in the United States—will be very familiar with the electronic system for travel authorisation, the ESTA. Our ETAs will enable both immigration control and our security services to have a very close grasp on who is coming here.
There were some interesting questions about risk. I gently point out that we already determine nationalities that do not need a visa to come here as visitors. We have visa nationals and non-visa nationals and, obviously, currently we also have free movement with the European Union member states. We already assess nationalities against that risk, to determine whether they need a visa to come here as a visitor, or not. That is of course done in close co-operation with our security partners—my hon. Friend the Member for Brigg and Goole mentioned “Five Eyes”. That fantastic relationship has been established over many years, enabling us to share information about risk with our close friends and allies.
We also have to consider volume, and that has been part of this equation. People have reflected on the length of queues that are sometimes experienced at some of our major airports. We have carefully balanced those nationalities with whom we have good border co-operation and good security relations and who will play a significant role in getting volumes out of our non-EEA queues.
In terms of capacity, there has been an enormous jump in the number of people using e-gates in the last year. Some of that is about the increasing numbers of passengers and some is about familiarity. I have spent many a happy hour at various airports in the UK that use e-passport gates, and it has been really obvious to me that experienced travellers who come in and out regularly go through the gates with barely a hiccup. Others who are less used to using them sometimes forget to take their glasses off, or put their passport in the slot and look away from the screen, but I am conscious that as people get used to using them, they use them more. That can be seen in the statistics. In the 12 months to June 2018, there was a massive 40% increase in passengers using e-passport gates against the previous 12 months. When e-passport gates became widely used in 2009, only 1 million passengers used them. In the last 12 months, nearly 52 million passengers used them. That increase is in a relatively short space of time.
Undoubtedly, we have seen increases in flows and need to keep pace with capacity, but at the moment we are confident that our e-gate capacity is sufficient for this change. As I have said, we will monitor it very closely. Over the last year, I have had meetings with all of the major airport operators to discuss capacity with them—I am sure that hon. Members can imagine the path to my door that Heathrow and Gatwick use at the peak of summer pressures. I am conscious of the challenges at regional airports, which the hon. Member for Cardiff South and Penarth mentioned, when people find themselves behind the USA flight that has just come in. We are keeping regional airports under close surveillance, but it is worth emphasising that 64.5% of non-EEA passengers come into Heathrow, and so that is clearly where the bulk of the pressure is.
My hon. Friend the Member for Brigg and Goole mentioned the registered traveller service. We recognise that the change means that those who have paid for registered traveller status will now have free access to our e-passport gates. We are considering the arrangements, including potential refunds, for those who may have paid for their annual membership very recently. It is an annual charge, and we have a lead-in of a few months before the necessary changes can be made to the gates to configure them to accept those passports. Hopefully, not too many refunds will be required. I hope he and those registered travellers will regard this draft order as a good thing.
Stephen Doughty
The Minister has been very generous in taking interventions. I really want some clarity on this point: will any new e-passport gates be introduced as a result of this or any other change in Government policy? I understand she says she will keep it under review and she believes there is extra capacity, but will there be any new e-passport gates?
Caroline Nokes
I gently point to the five new ones at Cardiff, which are very generously funded by the Welsh Government—I am sure the hon. Gentleman will appreciate that I gave them that plug. At the moment, we are keeping them under review; we are confident we can meet demand, but should that not be the case, I will continue my close work with the airport operators and Eurotunnel to make sure there is adequate capacity. As I said, there has been a 40% jump in the last year, and terminals have managed. He makes the point well, and he also made the point about reliability. The technology of the second generation e-passport gates has been much better than the first—he will recall that the first generation ones were removed from Cardiff because they were not as good. I am very conscious that the technology is always evolving. We talk of e-passport gates this year, but who knows what is coming down the track in a few years’ time? It is imperative for passengers arriving at our ports to have a 21st-century service, and the swiftest and most secure technology. With that in mind, I commend this draft order to the House.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018.
Asylum
Caroline Nokes Excerpts(7 years, 1 month ago)
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The Minister for Immigration (Caroline Nokes)
The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of individuals seeking refuge from persecution. This system includes supporting asylum seekers who would otherwise be destitute while their asylum claim is assessed. I am grateful for the attention Members of this House, including the Home Affairs Committee, have given to this matter.
I have always been clear about this Government’s commitment to ensuring service users are provided with safe, secure and suitable accommodation and are treated with dignity and respect. I have listened to the concerns of local authorities and have reinforced my commitment to working in partnership with them in this area. I am also mindful of this Government’s commitment to provide value for money for the taxpayer. Today I am pleased to inform the House that we have procured contracts for asylum accommodation and support to deliver on each of these commitments.
New contractual arrangements will be put in place in September of this year.
Initial accommodation, dispersed accommodation, transport and associated support services will be managed as integrated services on a regional basis.
Clearsprings Ready Homes has been awarded the contracts in the south of England and Wales;
Mears Group has been awarded the contracts in Northern Ireland, Scotland and the north-east, Yorkshire and Humber region; and
Serco has been awarded the contracts in the north-west of England, and the midlands and east of England regions.
Advice, issue reporting and eligibility assistance services will be integrated into a single, nationally operated end-to-end service; the contract for these services has been awarded to Migrant Help.
The contracts were designed after extensive engagement with local government, non-governmental organisations and potential providers. The contracts offer a number of improvements on the current arrangements to make them more sustainable and include changes to improve the customer journey and conditions for service users, addressing many of the recommendations in the Home Affairs Committee’s reports on asylum accommodation. In particular, the contracts will:
Provide assistance to asylum seekers to apply for support and throughout their time in the accommodation and support system.
Require accommodation providers to develop close working relationships with local authorities, liaise and consult with local authorities on the location of properties and share appropriate information with them.
Require providers to establish working relationships with the voluntary sector and local community-based support organisations and networks in order that they can signpost SUs to local services.
Set clear requirements for the standards of the accommodation that meet the standards used for social housing across the UK.
Require providers to have proactive maintenance plans and to regularly inspect and report on the findings of the inspections of their accommodation.
Provide service users with a single point of contact, independent from accommodation providers and the Home Office, to report issues with their accommodation and to provide advice in relation to their support throughout the whole process.
Set clear timescales within which repairs must be made, with a clear escalation process for service users.
Enhance the approach to safeguarding through a range of measures including improved health screening and support in registering with a GP, improved safeguarding training and awareness of staff, the provision of more adapted rooms for service users with specific needs, and the provision of face-to-face advice and support for those who need it.
Ensure that service users receive clear induction materials to help them settle into their initial accommodation and dispersed accommodation in local areas. This will seek to ensure a better understanding of the support that is being provided as well as how to navigate services in local communities.
Support service users into mainstream services if they are granted asylum or to return to their home country if are refused.
Gather feedback from service users about their experience of accommodation and support to monitor provider performance and improve the services that are provided.
Following the award of the contracts today, the Home Office will work closely with the providers to mobilise the contracts and transition services users to the new arrangements. We will communicate directly with our services users and stakeholders to ensure they are aware of the changes and how they will affect them.
We will be working extremely closely with local authorities to ensure a smooth transition and will be involving them ever more closely in the operation of the new contracts as they go live.
[HCWS1237]
European Union JHA Opt-in Decision: Asylum, Migration and Integration Fund 2121-27
Caroline Nokes Excerpts(7 years, 1 month ago)
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The Minister for Immigration (Caroline Nokes)
The Government have decided not to opt in, under the UK’s JHA opt-in protocol, to a proposal establishing an asylum, migration, and integration fund (AMIF) 2021-27.
The intended fund would not come into operation until the start of the next multiannual financial framework (2021), after the UK has exited the European Union and after the end of the proposed implementation period. As such, the UK would not be able to benefit from the fund as a member state.
Until the UK leaves the EU it remains a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case by case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.
[HCWS1235]
Immigration: Children
Caroline Nokes Excerpts(7 years, 1 month ago)
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The Minister for Immigration (Caroline Nokes)
The Government remain committed to relocating the specified number of 480 unaccompanied children to the United Kingdom under section 67 of the Immigration Act 2016, commonly known as the “Dubs amendment”. The first 220 of those children arrived under exceptional circumstances as part of the UK’s comprehensive support to the clearance of the Calais camp from October 2016. During this time, this Government took unprecedented action to remove vulnerable children from a dangerous situation where they were at risk of violence and abuse.
Following discussion with delivery partners, we have decided to remove the date criterion for when children had to have arrived in Europe to qualify for transfer to the UK. Delivering section 67 in a safe way, which respects individual states’ national laws and the best interests of children, remains a priority for the Government.
This decision means that participating states—France, Greece and Italy—will now be able to refer the most vulnerable children, regardless of when they arrived into Europe. To be eligible for the scheme, it must be in the child’s best interests to come to the UK, rather than to remain in their current host country, be transferred to another EU member state or to be reunited with family outside of Europe. We continue to ask participating states to prioritise unaccompanied children who are most likely to be granted refugee status and/or are the most vulnerable.
It is this Government’s hope that removing the date criterion will speed up transfers and will enable participating states to more easily identify children for transfer as soon as possible. We are grateful for the ongoing support to meet this commitment from the Governments of participating states, delivery partners and UK local authorities. Ensuring the safe relocation of children under the scheme as soon as possible is dependent on appropriate care placements being available for children once they arrive in the UK. The Home Office continues to work closely with local authorities across the UK to place children as quickly as possible and in a location where their individual care needs can be met.
[HCWS1255]
EU Settlement Scheme
Caroline Nokes Excerpts(7 years, 1 month ago)
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The Minister for Immigration (Caroline Nokes)
The Secretary of State for the Home Department, my right hon. Friend the Member for Bromsgrove (Sajid Javid) is today laying before Parliament a statement of changes in immigration rules [HC 1849] , copies of which are available in the Vote Office. The changes implement the next phase of the roll-out of the EU settlement scheme, for resident EU citizens and their family members to obtain UK immigration status. The immigration rules for the scheme came into force on 28 August 2018, for the purposes of an initial private beta test phase, involving 12 NHS trusts and three universities in north-west England. This successfully proved some key elements of the scheme in a live environment, and we published a report on its findings on 31 October 2018.
A second, expanded private beta phase began from 1 November 2018 and will end on 21 December 2018. This has tested the online application process as an integrated, end-to-end process. It has been available, on a voluntary basis, to staff in the higher education, health and social care sectors across the UK, and to some vulnerable individuals, being supported by a small number of local authorities and community groups, in order to test the operation of the scheme for those with support needs.
We will publish a full report on the second private beta phase in January 2019. However, the initial findings from this phase have been positive. By 13 December 2018, more than 15,500 applications had been made and more than 12,400 of these had been concluded, enabling the new system and applicant interaction with it to be tested at scale: 71% of the concluded applications were granted settled status, with the rest granted pre-settled status, and many received their decision within 24 hours; 77% of applicants who provided feedback said that they found the online application process easy, or fairly easy, to complete. More than 90% of applicants successfully used the identity verification app to prove their identity remotely, with the rest required to submit their identity document by post.
We have also learned lessons from this second private beta phase which have enabled further improvements to be made. These include improved functionality in respect of how an applicant verifies their email address; an increase in the size of files an applicant can upload, should they need to provide supporting evidence; and updates to the caseworking system.
In light of the successful testing of the online application process during the private beta phases, we have decided to proceed, as planned, with the start of the wider public implementation of the EU settlement scheme from 21 January 2019. From that date, the scheme will be available to resident EU citizens (and their EU citizen family members) with a valid passport, and to their non-EU citizen family members holding a valid biometric residence card, so that they can prove their identity remotely using the identity verification app, which is an integrated part of the online application process.
We currently anticipate that the further implementation of the EU settlement scheme will be secured through further immigration rules changes to be laid before Parliament in early March 2019, so that the scheme will be fully open by 30 March 2019.
[HCWS1226]
Justice and Home Affairs Council
Caroline Nokes Excerpts(7 years, 2 months ago)
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The Minister for Immigration (Caroline Nokes)
The final meeting of EU Interior and Justice Ministers during the Austrian presidency took place on 6 and 7 December in Brussels. I represented the UK for Interior day. The Lord Chancellor and Secretary of State for Justice, my right hon. Friend the Member for South West Hertfordshire (Mr Gauke), represented the UK on Justice day. Scottish Government Minister for Communities, Ash Denham MSP, also attended.
Interior day began with the Council agreeing a partial general approach on the amendments to European border and coast guard regulation. The presidency concluded that further discussion was needed on the numbers of border guards in the European border and coast guard standing corps, as well as in relation to issues of national sovereignty related to deployments. Member states also expressed concerns over aligning capacity with finances. The Immigration Minister did not intervene as the UK does not participate in this Schengen-building measure.
The Council also discussed the returns directive. Member states expressed significant differences of opinion on detention while a claim was processed and on clarity as to the risk of absconding. The Commission encouraged member states to finalise this file by the end of the legislature. The UK does not participate in this measure.
The Council then discussed the regulation on preventing terrorist use of the internet. Several member states were not able to support the text due to the regulation’s conflict with their own national constitutions and concerns on the balance between the removal of content and fundamental rights. Some member states sought further consideration of the measure. However, the presidency concluded support for a general approach, judging the proposal to be a good and responsible compromise text. The Immigration Minister intervened to support the general approach, emphasising the importance of this legislation in tackling terrorist content online. The presidency stated that it would seek to address various points of concern in future trilogue negotiations.
The Commission urged member states to finalise those proposals of the common European asylum reform package where agreement was in reach. However, in discussion over lunch, member states remained split on the issue of solidarity and burden sharing. The Immigration Minister intervened to emphasise the importance of the comprehensive approach to migration, and specifically on the issue of developing more sustainable general solutions to tackle migratory flows, including tackling the drivers of migration.
After lunch, the Council approved an action plan to tackle migrant smuggling.
The Council then discussed JHA priorities for the 2021-27 MFF. The EU JHA agencies set out their priorities. The UK did not intervene as these programmes will commence after the UK’s exit from the EU and the end of the envisaged implementation period. The UK will, therefore, not be participating in any future programmes as a member state.
On Justice day, the Council reached a general approach on the sale of goods directive. There was a wide divergence of views on the value of maximum harmonisation of law to set common contractual requirements for consumer purchases by consumers. The UK and other member states argued for the maintenance of member states’ flexibility to guarantee higher levels of consumer rights. Member states expressed desire to continue the discussion on this issue during the trilogues with the European Parliament.
The Council also reached a general approach on the recast of Brussels IIa regulation on family matters and parental responsibility. The Justice Secretary welcomed the text, as well as the presidency’s work to accommodate UK concerns on the hearing of the child. He also noted UK ambition for civil law co-operation after our EU exit, which elicited positive statements from member states not just on family co-operation, but across civil law, and on future security co-operation.
The Commission and the presidency noted progress on the assignment of claims directive at working level, which deals inter alia with the third-party effects on assignments of claims. Member states cautioned that the directive should be careful not to disrupt existing and functioning market systems.
The presidency, supported by the Commission, sought to reach a general approach on e-evidence, about law enforcement access to data held by communications service providers. A number of member states voiced strong opposition to the text on the basis that it did not adequately protect member states’ fundamental interests nor the fundamental rights of citizens.
The presidency concluded there was enough support for a general approach and the measure would proceed to trilogues where further discussions would aim to resolved other member states’ concerns.
The Commission indicated that they will finalise the draft negotiating mandates for the second additional protocol to the Budapest convention and for discussions with the US.
On data retention, the presidency updated on continuing working level discussions on the preservation of law enforcement capabilities and other public authority tools that would also meet the requirements of recent, stricter CJEU case law. The Commission noted that it would be difficult to restrict data retention to certain persons or geographic areas but nonetheless proposed to undertake additional targeted consultation. Member states called on the Commission to ensure continued attention to data retention in the future, noting likely developments in CJEU case law expected in 2019.
The Council adopted conclusions on mutual recognition, mutual trust and the principles underlying mutual recognition instruments such as the European arrest warrant. The Justice Secretary underlined UK commitment to future co-operation with the EU on this basis to enable continued joint working to tackle the challenges of transnational crime.
The Commission updated Ministers on significant progress made in answering points raised by the CJEU on EU accession to ECHR. It was agreed that amendments to the draft accession agreement would be strictly limited to what was required by the Court. The importance of accession was highlighted as a priority for the EU and its citizens and swift resolution encouraged.
[HCWS1189]
Immigration
Caroline Nokes Excerpts(7 years, 2 months ago)
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The Minister for Immigration (Caroline Nokes)
The Government are committed to making it easier for lawful residents to demonstrate their right to work in the UK, and to strengthening the support we provide to employers when complying with the provisions in the Immigration Asylum and Nationality Act 2006 to avoid employing illegal workers.
In April this year, the Home Office launched a new online checking service. This service enables UK employers to check the current right to work, in real time, of a person who holds either a biometric residence permit or a biometric residence card, and to see whether they are subject to any restrictions.
The system works on the basis of the individual first viewing their own Home Office right to work record. They may then share this information with an employer if they wish, by providing their employer with a “share code”, which can be used to access the record. This authorisation represents an important safeguard and means employers will only view an individual’s information having received their consent and the share code allowing their access.
We have worked closely with UK employers and with users of the service in developing this new system, which has been operating effectively to provide employers and migrants with additional assurance where used to support right to work checks.
In order for employers to actually rely on the new online service to discharge their legal responsibilities under illegal working legislation, it is necessary to amend the Immigration (Restrictions on Employment) Order 2007 to properly integrate the service into Home Office legislation which stipulates the checks employers should conduct to avoid a penalty for employing an illegal worker. These checks are currently largely predicated on a face value examination of a physical document.
Today we have laid before Parliament the Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018, in accordance with the 2006 Act, together with a revised code of practice, which provides that employers will be able to rely on an online check from the end of January 2019, where a prospective employee has an immigration status that is compatible with the online checking service (holders of biometric residence permits or cards, and those with online immigration status).
From the end of January 2019, employers will be able to request either the online check or the existing document-based check. Online checks will therefore be a voluntary option while migrants and employers develop familiarity with the new service and take up becomes more prevalent.
The online checking service has also been developed to enable EU migrants granted leave to remain under the EU settlement scheme to view their status and to share it with employers and other service providers where appropriate. Current arrangements, under which EU citizens can demonstrate their right to work in the UK by producing their national passport or identity card, will continue after the UK leaves the European Union and for the entire duration of any implementation period. However, with the latest development, EU nationals may alternatively choose to rely on online status issued following a successful application to the EU settlement scheme, by using the online service to share their right to work with their employer. Further detail on the future immigration system will be set out in a White Paper shortly.
The Immigration (Restrictions on Employment) (Code of Practice and Miscellaneous Amendments) Order 2018 also seeks to amend the list of documents which demonstrate a right to work, to remove the requirement that a British birth or adoption certificate must be the full certificate for these purposes. The intention is to make it easier for British citizens who do not hold a passport to demonstrate their right to work, using a short birth or adoption certificate with a national insurance number.
In addition to the order, we have also laid the Licensing Act 2003 (Personal and Premises Licences) (Forms) (Amendment) Regulations 2018. The regulations make consequential amendments to prescribed licence application forms to reflect changes to the order.
Successive UK Governments have introduced measures to tackle illegal working which represents the principal pull factor for illegal immigration to the UK, and the 2018 order underscores our commitment to improve the necessary system of checks for employers and workers alike. I would be happy to arrange a demonstration of the new online service for hon. Members.
[HCWS1181]
Immigration Rule Changes
Caroline Nokes Excerpts(7 years, 2 months ago)
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The Minister for Immigration (Caroline Nokes)
The Secretary of State for the Home Department, my right hon. Friend the Member for Bromsgrove (Sajid Javid), will shortly be laying before the House a statement of changes in immigration rules.
The Government are clear that entrepreneurs play a key role in creating jobs and driving economic growth, which is vital to the prosperity of the UK. In June of this year, we announced a new start-up visa route. This will build upon the successes of the current tier 1 (graduate entrepreneur) route, expanding it to ensure that the UK can benefit from a wider pool of overseas talent looking to establish new businesses in the UK. Applicants will be endorsed by either a business or higher education institution sponsor.
We are announcing that we will build on this offer further by introducing a new innovator route, for more experienced business people. This will replace the current tier 1 (entrepreneur) route and have a similar emphasis on endorsement by a business sponsor, who will assess applicants’ business ideas for their innovation, viability and scalability.
Alongside this, we will reform our tier 1 (investor) route.
These reforms will be introduced in the spring and will ensure the UK remains a world-leading destination for investment and innovation. We will shortly be publishing a statement of intent setting out the details of how the reformed routes will work and I will place a copy in the Library of the House.
We are also introducing wider changes through these immigration rules which demonstrate our commitment to supporting talented leaders in their fields, and promising future leaders, coming to the UK under the tier 1 (exceptional talent) route. The changes will expand this route to provide for a route of entry for leading architects endorsed by the Royal Institute of British Architects, under the remit of Arts Council England (ACE). This change builds upon other reforms to the route earlier this year, including doubling the number of places available, providing for faster settlement to existing leaders in their fields endorsed under this route, and expanding the route to leading fashion designers, also endorsed under the remit of ACE. We will continue to work closely with our partners in this route to attract more leading international talent to the UK.
More broadly, the changes also include a number of minor, more technical changes to our tier 1 and tier 2 routes for highly skilled workers. These changes will be made to ensure the immigration rules remain up-to-date and for consistency purposes.
The Government greatly value the roles played by our charities and religious institutions and those who wish to come to the UK to contribute to these organisations are extremely welcome. However, there are some issues with the routes as they currently operate.
Our immigration system makes specific provision for both ministers of religion and those coming as religious workers. This distinction between the two roles reflects the importance we place on our faith leaders speaking English to a high standard, while at the same time still permitting other members of religious communities to contribute to the UK in non-pastoral roles.
While it is not the intention of the tier 5 religious workers route, our current rules could permit religious workers to perform roles, that include preaching and leading a congregation, without first being required to demonstrate that they speak English to an acceptable standard. To address this, we are prohibiting tier 5 religious workers filling roles as ministers of religion and direct them instead to do so through the correct tier 2 minister of religion sub-category. This will require ministers of religion to demonstrate a strong command of English and ensure they can interact with the community around them.
The tier 5 arrangements for religious workers and charity workers have always been intended to provide for only limited periods of residence in the UK of up to two years. We have however seen instances of migrants in these categories repeatedly applying for consecutive periods of leave, in effect achieving ongoing residency in the UK. We will therefore introduce a “cooling off period”, preventing tier 5 religious worker and tier 5 charity worker visa holders from returning to the UK, via these immigration routes for 12 months after their visa expires. This change ensures that we will continue to welcome those coming to make a contribution to our religious and charity organisations, while at the same time underpinning the Government’s intention that these are temporary routes.
On 6 September the Home Secretary issued a written ministerial statement (HCWS940), Official Report, column 15WS, announcing the introduction of a new pilot scheme for 2019, enabling non-EEA migrant workers to come to the UK to undertake seasonal employment in the horticultural sector. These amendments will set out the legislative framework for introducing this pilot.
This small-scale pilot will test the effectiveness of our immigration system at alleviating seasonal labour shortages during peak production periods, while maintaining robust immigration control and ensuring there are minimal impacts on local communities and public services.
The organisations chosen to fill the role of scheme operators for this pilot have been selected following a fair and open selection process, undertaken by the Department for Environment, Food and Rural Affairs.
The formal date of implementation for this pilot will be announced in due course.
[HCWS1159]