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

Baroness Altmann Excerpts

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 9th September 2020 Lords Chamber

[Baroness Hamwee (LD) [V]]

My Lords, the noble Baroness, Lady Lister, has been terrier-like in her pursuit of these issues. I, like the whole House, am grateful to her for that and I too thank the organisations she mentioned.

The fees are to exercise a right, but a right is no use if you cannot exercise it. The fees are a deterrent. They are a deterrent if you think that you are in a sufficiently secure position and do not understand the distinction between immigration status and citizenship. They are a deterrent if you are told by the Government that you are in secure position through the European Union settled status scheme. They are obviously a deterrent if you cannot afford them. I will not be the only Member of the Committee who has heard distressing stories of families who have realised that they cannot afford to pay for the citizenship registration of all family members and have selected some. If there is a mother with four children—well, we can all do the maths.

The noble Baroness used words, which I have written down, that are about more than security; they are about a sense of belonging. Otherwise, over the years why would so many people have chosen to become citizens through a sometimes pretty laborious route, having to take tests about things that would probably be mysteries to many of us and culminating in citizenship ceremonies? I have been to one. The ceremony is an important part of the whole process—the recognition of that belonging.

Everyone understands that there are administrative costs to these things, but the current fees far exceed the costs. There is a surplus—I use that term rather than “profit”, because I understand that the Minister protests at the term “profit”—in the order of £600, as I understand it, and £800 in the case of adults, where the fees are something like £1,200. The Home Office talks about this surplus being justified because of the benefit, but I do not understand the logic of citizenship being a benefit if indefinite leave to remain is an equivalent, or at least sufficient to meet all the attributes of citizenship, as seems to be argued by the Home Office.

The noble Baroness mentioned the Windrush scandal, and I am sure the Home Office must be anxious not to get into a similar situation. It has said that all Wendy Williams’s recommendations are accepted. About three of those are about meaningful engagement with stakeholders and communities and the use of research. If the Home Office were to engage on this topic and undertake research, I think it would understand how very fully these issues play with the people affected. In any event, as has been said, citizenship is about rights—the right to citizenship of the children referred to—and we should not put blocks in the way of rights.

[Baroness Altmann (Con)]

My Lords, I thank the noble Baroness, Lady Lister, for the excellent way in which she introduced these two amendments. I have added my name to Amendment 30, but I support Amendment 68 as well. I echo her words and those of the noble Baroness, Lady Hamwee, in thanking the Project for the Registration of Children as British Citizens and Amnesty International UK for their helpful briefings.

I will not detain the Committee long, but I emphasise and urge my noble friend to consider that, as the two noble Baronesses said, this is about not a benefit but a statutory right to give someone the security of UK citizenship. If the cost of the administration is £372 according to the Home Office, it seems difficult to understand why three times that amount—a 200% mark- up—is applied to those trying to exercise their rights. It should not be a business transaction; that should not be any part of this equation.

During the passage of the British Nationality Act 1981, it was said that Parliament intended that all children growing up in the UK with that connection

“should have as strong a sense of security as possible.”—[Official Report, Commons, 24/2/81; col. 177.]

Charging more than £1,000 will clearly be prohibitive. As both noble Baronesses who have spoken said, the High Court found in 2019 that unaffordability meant that children who were born here—who feel British—feel alienated. Have we not learned from the Windrush generation that people should not be excluded from their citizenship rights? Indeed, on the question of Windrush, this could be a near exact repeat of what happened. In the 1980s, Parliament gave people the right to register as British citizens, but apparently they were discouraged from exercising that right. Just as it wrongly told the Windrush generation that immigration status was the same as having citizenship, I hope that today the Home Office will not repeat the mistaken claim that British people do not need British citizenship and are adequately provided for by applying for a different immigration status. These are lessons that were highlighted in the report of the Windrush Lessons Learned Review and I hope that we will take them seriously. I support these probing amendments and hope that my noble friend will be able to address them before Report.

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

Baroness Altmann Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 7th September 2020 Lords Chamber

[Baroness Meacher (CB) [V]]

My Lords, I speak in support of Amendment 47, to which I added my name, but I also strongly support other amendments in the group, particularly that of my noble friend Lord Patel, who spoke powerfully in favour of making sure that we do not create barriers preventing health and social care staff coming to this country. I do not want to duplicate what others have said, so I will speak briefly about the difficulties we have in recruiting staff over here, which others have certainly emphasised.

The NHS employs half a million staff and has 100,000 vacancies reported by trusts, many of them among low-paid workers. This figure is projected to rise over the coming years, rather than diminish. Our problems will become pretty well impossible to manage unless we do something about it.

We want more support staff employed in primary care. This has been a policy goal for a long time and the NHS long-term plan continues to reflect this ambition, but the number of support staff working in community services has continued to fall, and I expect it to continue to do so. GP surgeries are desperate to appoint support staff but cannot do so. As others have said strongly, a similar picture applies to the social care sector, where we have 8,632 vacancies, according to the latest available data—surely unsustainable, as the number of elderly people needing care rises relentlessly, not to mention, as others have, the many people with disabilities and a range of problems.

The NHS Long Term Plan acknowledges that international recruitment will continue to be vital in the short to medium term if we are to deal with our staff shortages. This is being constrained, says a report by the Health Foundation, by immigration policies. Surely the Government need to pay attention to that, and I hope the Minister will respond to that point. Immigration policies are really causing problems for our health and social care services. Instead of imposing barriers to EEA and Swiss entrants, would it not be better for Ministers to concentrate on reducing barriers to well-qualified migrants with good English from the rest of the world? Amendment 47 is key, as are the other amendments in this group, if we are to improve our health and social care staffing or to avoid a serious drop in the quality and availability of these crucial services. I look forward to the Minister’s response.

[Baroness Altmann (Con) [V]]

My Lords, I support all the amendments in this group. I have added my name to Amendments 47 and 66, but the intentions and sentiments already expressed so well by many noble Lords are ones that I fully endorse. I thank the noble Lord, Lord Hunt, the noble Baronesses, Lady Hamwee and Lady Masham, and other noble Lords for the excellent way in which they have explained the urgent need for measures in the Bill that specifically address the shortage of social care staff. I implore my noble friend on the Front Bench, who I know cares about this issue as much as so many of us around the House, to take back to the department the strength of feeling across the House on this matter and address some of these issues before Report.

We are talking here about the biggest failure of social policy in modern times. The inadequacy of our social care provision is already well documented and well known, and the Government are already committed to addressing this issue as soon as possible. We cannot move forward and improve the quality of social care without staff. We cannot mechanise this. Care workers may be low paid, but that does not mean they are low skilled. They are essential to enabling increasing numbers of people to live decent lives. We are not talking about bringing in low-paid shelf stackers; we are talking about the emotional, physical and mental well-being of some of our most vulnerable citizens.

Given that the Government are the main funders of social care and have not yet funded adequately social care providers who employ staff who might generally earn above the £25,000 cut-off, that imposes on the Government a duty to ensure that our immigration policy does not deter those who might be willing to work for less than that figure—most of the people who work in social care already do so—from coming to this country when, as we have already heard, around one in five of our social care staff is already from overseas.

I know my noble friend responded to these concerns at Second Reading by saying that the Government hope that Britons will fill the shortfall, but hopes are not good enough. It takes time to try to find any UK nationals, train them in the right skills and raise the standards of pay. What are these elderly and disabled people supposed to do in the meantime? They need care. I therefore hope my noble friend might still consider the implications of these amendments, or at the very least agree to a transitional, temporary social care visa, perhaps for five or 10 years, that specifically enables social care providers and individuals who need to employ somebody to care for them in their own home to find those overseas workers who are willing to come here and fill the gaps we currently have, rather than having an immigration system that rules out being able to bring them in.

[The Deputy Chairman of Committees (Baroness Garden of Frognal) (LD)]

The noble Baroness, Lady Jolly, has withdrawn, so I now call the noble Baroness, Lady Lister of Burtersett.

--- Later in debate ---

[Baroness Altmann (Con) [V]]

My Lords, I have added my name to the amendments in this group. I echo the words of the noble Baroness, Lady Hamwee, who moved them clearly and explained the importance of what is being sought by introducing them.

As the noble Baroness mentioned, this seems timely, given some of the recent very troubling reports. Lately, the possibility has arisen that the Government are not satisfied with the withdrawal agreement in some way, having signed it recently in good faith, while working, hopefully, towards an agreed exit after the transition period at the end of this year. I hope the Minister will be able to reassure the House that there is no intention of trying to override the withdrawal agreement in any way and that our country will not be seen to be trying to renege on an international agreement, especially so soon after having signed it.

I hope that UK citizens living in the EU can be reassured that the measures in the Bill will not be affected deleteriously by future regulations that might change what they thought was already enshrined in this international agreement and that pensions, pension increases, other benefits and health care will be protected, as was intended and implied in the withdrawal agreement. I also hope that the measures in the Bill will remain consistent with the withdrawal agreement and that no powers under the Bill will be used to make provisions inconsistent with that agreement.

I know these are probing amendments and I hope that the reassurances or necessary changes can be made to satisfy the House. I support the intention of these amendments and look forward to my noble friend’s response.

[Baroness Ludford (LD)]

My Lords, this group of amendments, led by my noble friend Lady Hamwee, is about ensuring that the Government cannot legislate by regulation, contrary to the withdrawal agreement. This is a prescient set of amendments, tabled when it might not have been thought that there was a particular danger of that happening. However, the pronouncements and press reports since last night—there is some backtracking going on, however, which we will debate in the Chamber tomorrow—raise serious fears about the Government’s reliability and integrity in respecting the withdrawal agreement, and, indeed, any other treaty commitments. It raises the question of whether they can be trusted.

We will be debating separately the question of the Government’s refusal to give settled status applicants a physical document, not just a digital code. I will raise a brief query here: whether a digital code alone would satisfy the requirement in Article 18 of the withdrawal agreement for

“a document evidencing such status which may be in a digital form.”

Those latter words were added at the UK’s insistence, as we understand it, but it still talks about a document evidencing status. I wonder whether a digital code is a document.

Not least as a feature of the settled status scheme which has been flagged up by the3million, which does excellent work and has provided some fantastic briefing—I shall use this occasion to thank that organisation along with the organisation, British in Europe—non EU-national family members get a physical document in the form of a biometric residence permit. Since Article 12 of the withdrawal agreement requires the Government not to discriminate on the grounds of nationality, it is odd that EU citizens do not get a physical document but those in the family who are not EU citizens have a biometric residence permit. That is rather strange.

In the context of group 1, I raised comprehensive sickness insurance. The Minister said that the Government would use their discretion in deciding whether the absence of CSI in the past would bar a person from getting UK citizenship. I know that this will come up again in a later group. However, it is important to note that the UK is regarded by the European Commission as being in breach of EU law by insisting on the term “comprehensive sickness insurance” as it is in the 2004 citizens’ rights and freedom of movement directive. The Commission insists, as indeed MEPs did at the time, that this means only that relevant persons should have access to whatever the health system is locally, so the Government’s insistence that they should pay for private health insurance is, as I understand it, the subject of ongoing infringement proceedings.

In 2017, Prime Minister Theresa May promised EU citizens that the CSI—I prefer to call it private health insurance because that is what we are talking about—for those who had been economically inactive would be dropped as a requirement for settled status under the new system. However, what is happening now is that those people applying for citizenship are at risk of having their applications refused because in the past they did not have private health insurance, even though they had been told that they did not need it for their settled status application. When they apply for citizenship, they are told that retroactively they will be barred if they did not have private health insurance in the past. This feels like moving the goalposts, playing cat and mouse and so on, and the Government will not make any friends by this. The Minister referred to a power of discretion, but I do not believe that any details have been made known about how that would be applied, so that leaves people in the dark and in a state of anxiety.

I should mention also that Article 10 of the withdrawal agreement states that those covered by the citizens’ rights provisions of the agreement include

“Union citizens who exercised their right to reside in the United Kingdom in accordance with Union law”.


Union law—that is, EU law—means that the ability to use the NHS qualifies as “comprehensive sickness insurance”; that is the view of the European Commission, which as I say is following infringement proceedings. If the Government persist with this, I fear that they will come up against problems under the withdrawal agreement and there is a risk that they would be seen to be acting in bad faith. The amendments in this group therefore insist that the Government must abide by the withdrawal agreement in making regulations under both Clause 4 and Clause 5, and that should include doing away with the retrospective demand. I hope that the Minister will be able to give us some reassurance on that point.

A great deal of justified concern has also been expressed about children either in or leaving care. I do not have time to talk about this now because it will come up again at least in part in a later group, but it is a matter of great concern. Local authorities, even with the best will in the world, have found over the past six months with the challenge of Covid that they have not had or have not applied the resources to assist children who ought to be applying under the settlement scheme. They are finding it very difficult to get the evidence together, so I hope that the Government can give some reassurance about the assistance that they will be given. We will also talk later about the dangers of another Windrush.

Domestic Abuse

Baroness Altmann Excerpts

Wednesday 29th July 2020 Lords Chamber

[Baroness Williams of Trafford]

Well, it is not that the over-74s are not worth counting, nor that it is in the “too difficult” box. The noble Baroness will appreciate that for data to be robust you have to collect enough of it to make what comes out of it statistically significant. I understand that that is where the sticking point is—but Professor Diamond has committed to looking at it again, which is very encouraging.

[Baroness Altmann (Con) [V]]

I thank the Minister for her answers. I know that she is concerned about this issue. However, the question of statistics is less important than making sure that these people are protected. Can the Minister comment on the need for better links between social care, the NHS and police services to address domestic abuse, which is currently more likely to be handled by the police? This makes sense for domestic homicide but, for ongoing abuse, perhaps the other services could be brought more to the fore.

[Baroness Williams of Trafford]

My noble friend makes a really good point, because some incidents in isolation do not look like anything but, combined with the work of other agencies, they build up a picture, particularly in the area of elder abuse. My noble friend knows that I am a great supporter of a multiagency approach, because you get more effective interventions and outcomes through it.

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

Baroness Altmann Excerpts

2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I congratulate my noble friend the Minister on the way in which she introduced this debate. However, I echo the concerns expressed around the House about the Henry VIII powers in Clauses 4 and 5, which seem to deny parliamentarians the right to a say over the new Immigration Rules in the future. I fear that that is not the kind of “taking back control” that fits with our tradition of parliamentary sovereignty.

The Bill is silent on how the changes that it makes in relation to Irish citizens will affect the rights of Northern Irish citizens under the Good Friday agreement. However, I want to focus my brief remarks on the issue raised by many others across the House: the implications for the social care workforce and the elderly, disabled or frail individuals who rely on them for their basic quality of daily life.

I support the desire for employers to focus on investing in their staff, providing training and increasing the prestige of the care workforce, thus making it an attractive profession, but that will take a long time. Even in 2018, the National Audit Office highlighted the lack of any updated DHSC strategy for the adult social care workforce. Nearly 20% of that workforce is from overseas but, despite that, there are more than 120,000 vacancies and staff turnover is around one-third each year. The new points-based system will not include those workers.

I support the aim of attracting the very best migrants from around the world but, unlike in the Australian and New Zealand points systems, our limit of £25,000 a year suggests that those working in social care are not considered to be skilled or valuable enough to be worthy of British residence. However, low pay does not mean low value. What will happen if the domestic workforce cannot be trained? We cannot ask these frail, vulnerable individuals to just wait until the training programme works out. As the noble Lord, Lord Morrow, powerfully explained, this is not about care homes alone; it is about those who live in their own homes and who rely on some immigrants to help look after them.

The domestic workforce is unlikely to respond quickly or positively to work in the care sector—a sector that is underfunded and where workers are underpaid relative to the NHS. Unless we have the Government’s long-term plan for social care, for which we are still waiting a year after it was supposed to be oven-ready, we cannot seriously expect the social care workforce to be filled domestically. I urge my noble friend to listen to the words of my noble friend Lord Naseby and others and introduce a transitional scheme that will help encourage immigration for social care.

Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2020

Baroness Altmann Excerpts

Thursday 16th July 2020 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I support this instrument and the proscription of the Feuerkrieg Division, FKD, which has tried to stir up hatred reminiscent of Europe’s darkest times. I commend the Government on the work they are doing to stop the spread of the propaganda that cultivates the culture of hatred and division that we have worked so hard to overcome. It is important that we ensure the proscription of such groups—whether they are from the left or the right—which are all threats to our way of life and directly contrary to our core values.

Can my noble friend reassure the House that the police are resourced sufficiently to ensure that they can keep an eye on all the people involved in those activities? As other noble Lords have mentioned, this group was dissolved in February this year, but the people have not gone away. It is therefore vital that, regardless of the organisation’s name, we have in place ways in which we can sufficiently track the activities of such people and send a strong and unambiguous message that condoning or glorifying acts of terrorism will never be tolerated.

Clearly, it is difficult to act swiftly and also uphold the necessary due processes, but I hope that my noble friend the Minister can assure us that counterterrorism policing and its strategic partners have sufficient resources to deal with these challenges. I also add my support for the excellent work of HOPE not hate, which my noble friend Lord Bourne mentioned. Equally, I share the concern of my noble friend Lord Bowness about potentially departing from the EU without a deal and what that would mean for security co-operation. Can my noble friend the Minister give the House an idea of how much security co-operation from the EU fed into the process that led to the banning of the FKD under this order?

Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020

Baroness Altmann Excerpts

Friday 10th July 2020 Lords Chamber

[Baroness Altmann (Con) [V]]

My Lords, I warmly welcome my noble friend’s words and the measures in this statutory instrument. I certainly support the changes to the Section 7 powers which were introduced in the 2019 Act. It is vital that we ensure that our citizens are protected against hostile activity. Retaining biometric data for five years rather than two years seems the minimum of what we need to do. I have a number of questions relating to this to ask my noble friend. If she does not have the answers now, perhaps she will write to me.

First, how many officers do we have engaged in this activity, how many ports are covered and how many are not covered? Secondly, what are the implications of leaving the EU and the EU security co-operation arrangements should we have no deal at the end of this year? Will my noble friend give the House an idea of how many immigration, customs and policing officers have undergone the training that is required under paragraph 56 of Schedule 3 to the 2019 Act, which requires ongoing training and new procedures for those officers? How are we doing in ensuring adequate training? Finally, what provision is there for the consideration of germ warfare by hostile states, as was potentially involved in the Novichok incident in Salisbury?

Covid-19: UK Border Health Measures

Baroness Altmann Excerpts

Thursday 4th June 2020 Lords Chamber

[Baroness Williams of Trafford]

My Lords, my noble friend is right that we will have to take all those different factors into consideration. On logistics, we will have to engage with different countries to see what innovations are available for us to ease some of the restrictions and start to make life easier for people. However, as I say, they will be regularly reviewed.

[Baroness Altmann (Con)]

My Lords, I express sympathy with my noble friend for her valiant attempts to defend this policy. However, I can only echo the wise words of colleagues from across the House that one can see the loopholes in these regulations immediately. For example, could my noble friend confirm that anyone who flies in from abroad via Dublin will not be required to quarantine for two weeks?

[Baroness Williams of Trafford]

If someone arrived from Dublin in the last 14 days, they would not have to quarantine. I can see that people will want to flout some of the rules and will try to find loopholes. I can only say that these rules are put in place to keep people safe and save lives.

India: Scam Call Centres

Baroness Altmann Excerpts

Tuesday 21st April 2020 Lords Chamber

[Baroness Williams of Trafford]

I hope the noble Lord will forgive me when I say that I do not have specific information to hand on the NHS. It is pretty disgusting how this exploitation takes place very quickly on the back of a vulnerable event. Counterfraud guidance is being circulated alongside further advice and guidance from cybercrime technical work, which consists of more than 100 police officers across the country with a focus on helping businesses and individuals to protect themselves from these sorts of crimes. The public sector is a huge part of national business as we know it. I have certainly had a lot of information on Covid-19 exploitation, such as selling people protective equipment that is absolutely fraudulent and tests that are absolutely fake. It is an appalling practice, but it is happening and we are working across agencies to try to combat it.

[Baroness Altmann (Con)]

My Lords, I thank everybody who has made all this possible. It is much appreciated. I declare my interests as listed in the register.

I have a particular question on pension fraud and pension scams. I know the Government have been doing a great deal of work trying to protect people better, but there are practical ways in which we can try to prevent money leaving pension funds. So far, there is a ban on cold calling, but it is not a complete ban: your provider can call you or others can call you. Individuals are not clear about where to report scams. There is Action Fraud, City of London Police, the Scorpion campaign, ScamSmart, the FCA and the Pensions Regulator.

I would be grateful if my noble friend would ask the department whether, on pension fraud, it might be possible, with our pensions Bill going through at the moment, to look more carefully at asking pension providers to clamp down on people who are in a rush to transfer quickly, to direct people to Pension Wise, and perhaps to help people protect their pensions with a line of defence at the provider level. Obviously we cannot stop scams completely; these are very unscrupulous people who can change IP addresses and phone numbers and can even pretend not be in the country they seem to be coming from.

[Baroness Williams of Trafford]

My Lords, I am sorry; I am looking for the appropriate bit in my notes but cannot find it. The noble Baroness raised a very important point. Particularly at this time, when people are feeling vulnerable, it is really pertinent to raise that point. Obviously I am not in the pensions department, but I will take that point back and alert my colleague, my noble friend Lady Stedman-Scott, to it.