Immigration Bill

Baroness Benjamin Excerpts
Thursday 3rd April 2014

(10 years, 1 month ago)

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Earl of Sandwich Portrait The Earl of Sandwich (CB)
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My Lords, I sense that the House wishes to come to a decision, so I shall be extremely brief in making a couple of points. The noble Lord, Lord Cormack, is always so reassuring and we think that he is going to bridge the gap which exists between the proponents of the amendment and the Government, but I fear that this is not the case. This is a serious disagreement.

I shall speak mainly about higher educational institutions in the widest sense. The noble Baroness, Lady Williams, said that she was concerned about the welcome that we are giving to students—the noble Baroness, Lady Warwick, reiterated that. We used to talk about a climate of disbelief in the Home Office a few years ago; now, I think that there is a climate of frustration, interference with and even prejudice against what I might call the lower order of colleges of education and those which are capable of offering places to bogus students, who have rightly to be returned. I am very concerned about the climate in this society that we have.

That gives me, however, an opportunity to say that the Home Office recognises its mistakes. It can correct its mistakes. I had an example only last week where a college in south London with five years of trusted sponsor status, which I have visited, was quite unfairly threatened with the loss of its licence through an association with one of these lower orders of bogus college. It recognised the mistake in the end, but I want to put over that it is a tough environment out there at the moment if you are one of those colleges. Many immigration officers are being put in positions of making educational decisions. I support the amendment; I hope that my noble friend will move it to a Division. The remarks of my noble friend Lord Sutherland were very timely, because this is after all a disagreement within the coalition. It was very welcome to hear the voice of Vince Cable. I am sure that he agrees, as does the noble Lord, Lord Hodgson, that the disaggregation of numbers, although it is not the subject of this amendment, has become almost a separate issue which we should come back to.

Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I support the amendment in the name of the noble Lord, Lord Hannay. UK universities have worked tirelessly over the years to attract international students, including Exeter University, of which I am the chancellor so I declare an interest. We cannot sustain the level of financial support that universities require and will continue to require without international student support. We also benefit from those students’ academic and cultural contribution. Our country gains so much from these resources. Exeter benefits greatly from its international students, not just financially but also, because of where geographically we are placed, from the culturally diverse, rich mix that such students bring.

I congratulate my noble friend the Minister on all the concessions that he has made after hearing the concerns that many noble Lords have expressed. I thank him, too, for all the meetings that he has granted us. I also invite him to consider further the amendment in the name of the noble Lord, Lord Hannay, which would make a difference to the perception that those abroad have of us as a welcoming nation to international students.

Lord Stevenson of Balmacara Portrait Lord Stevenson of Balmacara (Lab)
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My Lords, this has been a very good debate which, with one exception, has focused narrowly on the questions being posed in the amendments that we are considering. Of course, we have still to hear from the Minister on his amendments and I am sure that a lot is riding on them. The noble Lord, Lord Hodgson, was very kind to refer to our shared interest in squash. I am a little sad that we did not encounter one another on the squash court, because, given his positioning of putting his head well above the parapet and his heart very much in his game, I think that he would have been easy prey, certainly to be beaten by fair means. But if I was struggling, I think that I would have been able to lop his head off quite easily. In what was effectively a Second Reading speech, it was not at all clear which parts of the amendments the noble Lord was supporting or not supporting. I think that we missed that, and the noble Lord, Lord Cormack, put it very nicely when he explained what he felt about that.

Other than that, we have focused hard on the issues relating to students. The quotation given to us by the noble Lord, Lord Sutherland, should be very much in our thinking as we look at these issues. There is no doubt that we are talking here about perceptions. We are talking about whether, in aggregate, the work that the Government are doing through the Bill complements, supports or destroys the currently very effective system of higher education that we have in this country in relation to overseas entrants to and users of it—although the context is not that good given the row that there has been in the past couple of weeks about what is happening to the system of higher education as a whole, which I suspect has a long way to go.

Immigration Bill

Baroness Benjamin Excerpts
Wednesday 19th March 2014

(10 years, 1 month ago)

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I ask the Minister to think thoroughly about this sort of situation. These are not children from East Anglia, Scotland or Wales. They come from all parts of the world and we have an obligation to them. When I was younger, it used to be said that the Church of England was the Conservative Party at prayer and that the Labour Party owed more to Methodism than to Marxism. Every party has its moral foundations. I suggest that we will betray our moral foundations if we let the Bill go forward without any further serious amendment.
Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I wish to speak to Amendment 81A, which is in my name along with that of my noble friend Lady Hamwee, whom I thank for her support in helping me to put it together. I also support what was said by the other three noble Lords who have already spoken. This is a probing amendment and the intention is to investigate how best support can be given to young people brought to this country as children—that is, refugee children, trafficked children and children brought here for sexual exploitation and so on. These young people find that their lives come to a complete standstill when they reach 18 due to their non-status and lack of citizenship.

I thank my noble friend the Minister for meeting me to discuss this issue, and for his letter explaining the present policy and responsibilities of local authorities and children’s services, which are obliged to assist and protect young people with unresolved immigration status. My noble friend quite rightly pointed out current laws and regulations which theoretically should be applied by well managed and financed local authority children’s services. However, Kids Company, the charity which provides therapeutic, emotional, practical and financial support to 36,000 children, young people and families in services across London, Bristol and Liverpool—some with unresolved immigration status—still has serious concerns that the impact of the proposals in the Immigration Bill in its current form poses a major risk to vulnerable children and young people because, despite all the good intentions, the Bill does not appear to make adequate provision, or provide sufficient safeguards and protection, for the young people who find themselves with unresolved immigration status.

Kids Company’s concerns are not hypothetical; it has considerable evidence related to failures in care by some social work departments handling very serious child protection issues. In fact, the organisation spends approximately £1 million a year on staff whose sole responsibility is, sadly, to police the working of social work departments, which apparently cut corners and avoid responsibility, presumably because of budget limitations, and which it finds merely go through procedures as opposed to affording genuine care and protection to children. As Kids Company says:

“Unfortunately, unstable economic times … can lead to further pressurised and fundamentally unlawful decision-making by local authorities”.

Kids Company has had to initiate a number of pre-action protocol letters and judicial reviews, every single one of which has been actioned or ruled in favour of the children. With legal aid being diminished and time limits on assessments being removed, the framework of protection afforded by social work departments to the most vulnerable is weakening, so it is unreasonable to base further legislative change, which impacts on the children accessing vital services, on the premise that the system currently operates as described in the Minister’s letter. That is simply not the case according to Kids Company and other organisations. There must therefore be further clarification about the degree of the obligations that the Secretary of State and local authorities have in respect of this problem.

This amendment is necessary because many of these children, even those in care, when they turn 18 are often forgotten, unlawfully, by many local authorities. They are left to navigate a system that presupposes that they have an adult who has brought them up and have the tools to navigate themselves into early adulthood, or have parents who are able to assist when something unknown comes their way. This is simply not the case. So when local authorities fail to submit applications to the Home Office or fail simply to fill out an application for British registration to ensure citizenship, who is that young person or child supposed to express that failure to? How is that local authority being held to account?

We need to consider the psychological strategies used by overstretched workforces in local authorities to defend against overwhelming demand. In Kids Company’s experience it has found that some social workers can become immune to children’s distress because they have seen too much violation. They can become complacent, driven by overfamiliarity with horrific abuse; and that complacency can become normalised in the workplace. Unacceptable risks emerge when social work departments are under clinical and financial pressure.

There is an unintentional impact on children leaving care. The current legislation states that children leaving care are entitled to support until the age of 25 if they are still in education or training. However, in Kids Company’s experience, as soon as a child turns 18, some local authorities have already failed to confirm the child’s immigration status—and now use that failure to prevent the child leaving care accessing statutory support based upon the immigration position—or their limited leave to remain, granted by the Home Office. As a result, the young person has to go through the whole immigration court process to extend their stay. This can often take years and their lives can be left on hold because, even though their leave is extended, statutory bodies and employers are fearful of immigration laws.

There is some anecdotal evidence that some unscrupulous solicitors who receive legal aid to assist these young people are practising without giving proper advice or carrying out the work correctly. These young people urgently need documentation to show that they have legitimacy to be in the UK—legitimacy that is suspended when they reach 18. This causes a huge problem when it comes to accessing higher education, which involves many obstacles and seemingly impossible hurdles for these young people. The university application forms require rigorous and detailed information that is impossible to supply because the young people have no documentation. So they live in limbo, waiting for decisions to come back from the Home Office to gain immigration status and, during that time, their access to higher education becomes a distant dream. They become disheartened as their ability to access local authority services is stopped, based upon their having no documentation. With no ability to work, the child turned young person is caught up in a cycle to survive in a state that has blocked his or her access to official help.

Another problem caused by unresolved immigration issues is that young people are not able to open bank accounts due to lack of relevant ID and proof-of-address documentation. The additional requirements on banks to carry out checks are another way of stigmatising this group. A further implication is that those young people will have no formal way of accessing support payments, if they are in care, once they have turned 18 or are receiving their leaving care grant. Because these young people have no documentation, they often live under the radar, surviving in rented accommodation that is poorly maintained and often not fit for habitation. However, they have nowhere else to go. Often the local authorities do not have social housing to offer them. Therefore, the proposed checks that landlords are expected to make will have an impact on these young people, and that is a cause for concern.

Immigration Bill

Baroness Benjamin Excerpts
Monday 10th March 2014

(10 years, 2 months ago)

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Lord Hope of Craighead Portrait Lord Hope of Craighead (CB)
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My Lords, I should like to say just a few words in support of the amendment of the noble Lord, Lord Hannay, based on my experience as chancellor of Strathclyde University for 17 years. Having spoken to many students of the kind we are talking about and having hosted alumni events overseas, I think that my experience has been very similar to that described by the noble Lord, Lord Cameron, in that we have trained those students in our country and find them in positions of great influence in the countries to which they went after leaving.

I shall not repeat the points made so well by so many other noble Lords; I endorse all of them as background to what I should like to say. Perhaps the Minister will be kind enough to focus precisely on what the amendment is intended to do. If he reads its wording, he will see that it encompasses all the various things in Part 3: access to tenancies, bank accounts, driving licences and other services. Of course, among the services is what Clause 33 deals with: access to the health service. There is a difference between the Clause 33 matter, which I shall come back to in a moment, and the other services mentioned in the opening words of the amendment.

The difference is this. As I understood the Minister’s words in the earlier debate, the purpose of the other clauses is to flush out people who are not entitled to be here. It is to deal with people who are not legal migrants. We find that in Clauses 16(2), 35(2) and 42(1) all of which direct attention to people who require leave to enter or remain in the United Kingdom but do not have it. I raise this point because the amendment is dealing with tier 2 and tier 4 visa holders—people who, because of the terms of their visas, are entitled to be here. Bearing in mind all the points that noble Lords have made, why is it necessary to subject tier 2 visa holders and tier 4 general visa holders to these restrictions? Why is it necessary for them to go through these hurdles to have access to, for example, a bank account? Why is it necessary to do that for driving licences?

As for Clause 33, that is a different point and I do not want to go over the debate that we had earlier this afternoon. However, while I did not intervene in that debate because the Minister was under great pressure from many people who were doing that very thing, there is one point that struck me in looking at Clause 33. It is that its wording, which is designed to confer a power on the Secretary of State to make provisions for charges to impose, begs so many questions. Who, for example, are the persons on whom the charge is to be imposed? Clause 33(1)(b) refers to,

“any description of such persons”,

but who are they and what is the intention of that provision? We then have all the various steps in subsection (3), including the points that other noble Lords drew attention to. With the greatest respect, my suggestion is that the noble Lord and those advising him should have a very careful look at the wording of Clause 33. I suspect that the debate which we had earlier, and which I am not going to rehearse, has flushed out some points of real concern about the breadth of the wording, what it is really intended to do and whether it is necessary to do what it is seeking.

Quite apart from that, there is the point that others have made: that to subject overseas students to this sort of extra charge is bound to have consequences. Two words struck me as I have been listening to the debate. One was “cumulative”, in the point made by the noble Lord, Lord Hannay. It is about the cumulative effect of all those measures that are made. The other was “perception”, because perception is fuelled by rumour. Figures have been put forward in this debate as to what students in this country, and perhaps overseas students, are thinking. What about all those who are wondering to which country they should come? They are the people whose perception should really worry us. There are also the rumour makers. Their rumours may not be based on accurate figures, which may have been the point that the noble and learned Lord, Lord Wallace of Tankerness, was making the last time that we spoke. However, the fact is that the rumours and the perception are there. The Government really have to face up to the fact that to pile on more cumulative items on to this package of things which are fuelling that perception is very ill advised. I hope that the Minister will explain to us why he believes it necessary to do that.

Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I support Amendment 49, moved by the noble Lord, Lord Hannay, and I agree with everything that has been said so far in support of that amendment.

I would like to highlight the views of the students’ guild at Exeter University, where I am chancellor and so I express an interest. The students’ guild has raised concerns on behalf of the international students at the university, with whom it has had several meetings. The most worrying thing to come out of this meeting is about the proposal that international students must prove to potential landlords that they have the right to be in the UK before they are allowed to secure accommodation. As many international students are required to secure accommodation before they come to the UK, this poses an unnecessary and potentially impossible burden for them as they will not be able to present the documentation needed. The students’ guild also feels that this check will force many to endure extra expense, as letting agents charge for the process, yet the Government gain no further value in this monitoring. In addition, it feels that landlords may turn anyone who they perceive to be from international backgrounds away from their accommodation because they do not understand how to check for immigration status and do not want to risk the £3,000 fine.

Immigration Bill

Baroness Benjamin Excerpts
Monday 3rd March 2014

(10 years, 2 months ago)

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Baroness Hussein-Ece Portrait Baroness Hussein-Ece (LD)
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My Lords, I associate myself with the comments that have just been made on this important area by my noble friends Lord Avebury and Lord Roberts and by the noble Earl, Lord Listowel, who always speaks so eloquently on these matters. I apologise in advance if the points have already been covered, but I think that they need to be underlined further and made very clear.

We have had excellent briefings from Barnardo’s, which we know does so much work for these children. We know that unaccompanied children have been temporarily admitted to the United Kingdom, but they are not routinely detained prior to their return. There is concern, and government assurances have been sought, as to whether this situation could change in the future. It is worth making sure that unaccompanied children who are admitted temporarily will not start being routinely detained. I speak as somebody who in their previous role was a councillor in a local authority which had to deal with a fair number of unaccompanied children. All councils have responsibility as corporate parents to those children because they come into their care. My experience of those children who came into our care was always positive. I remember attending award ceremonies for children some of whom had come from worn-torn countries in a vulnerable and traumatised state but had gone on to become academically so proficient that they gained places in universities. They had turned their lives around with the right support. As the noble Lord, Lord Judd, said, when these children go before any panel that is to decide their future, it is important that councils in their role as corporate parents ensure that they are properly supported and represented, as any parents would do for their own children. They should get the right support and advice when it is being determined whether they remain or are returned, or whatever is best for their future. I would like an assurance on that.

Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I always say that childhood lasts a lifetime, and all children need the best start in life. These amendments will give these children the best possible start and I congratulate the Government on putting them forward. I want to raise just one point on behalf of Barnardo’s—I speak as a vice-president of that organisation. I congratulate Barnardo’s on having made an important effort to make sure that all children are taken care of if they happen to come to this country in unfortunate circumstances. Although Barnardo’s welcomes the 28-day reflection period being enshrined in the law, it is concerned about the drafting of the clause, as it would allow one parent to be returned within the 28-day period as long as there is another parent to care for the child. This in effect allows any family to be split and for the child to be separated from one of their parents, with no restrictions on the circumstances in which it should happen. Barnardo’s believes that a child should be separated from their parent against their will only if it is in the best interest of the child; for example, if there are safeguarding concerns such as domestic violence. It wants appropriate safeguards to be put in place to prevent children being separated from their parents and traumatised in any way. I look forward to hearing the Minister’s response on this issue.

Lord Northbourne Portrait Lord Northbourne (CB)
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My Lords, I am not entirely sure that this is an appropriate intervention; if not, I apologise and I shall be very brief. I happen to live near Dover. My wife has chaired a considerably large housing association in the area. It received a frantic call one day from the county council, saying, “We simply can’t cope. We’ve got all these unaccompanied minors arriving”. Those children came and it got to know them and so on. The majority of them were absolutely intentionally unaccompanied immigrants. Having been put on a boat in Calais and told to throw their passport into the water as they went across, they came into this country and there was nothing that we could do to change it. Is that situation still the same and, if so, can the Minister perhaps comment on that aspect of it also?

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Lord Mawhinney Portrait Lord Mawhinney (Con)
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My Lords, I will not take up much of your Lordships’ time because what I had wanted to say was said much better by the noble Lord, Lord Ramsbotham. In my reading of Schedule 1, I noted the words:

“The power to search … may be exercised only to the extent reasonably required”.

I do not know what “reasonably required” means; I do not know what “reasonably” means, and I do not know what “required” means. By whom is the power to be used and against what standard? I say to my noble friend on the Front Bench, who knows that I am supportive of this legislation, that the noble Lord, Lord Rosser, has done your Lordships’ House a favour by enabling this short debate to take place. I hope that my noble friend will listen to the variety of views that reflect a similar theme on all sides of the House, and perhaps at a later stage come back with something that is slightly more definitive in relation to “reasonably required”.

Baroness Benjamin Portrait Baroness Benjamin
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My Lords, many noble Lords have mentioned training for immigration officers. What training do they have on understanding the medical conditions such as sickle cell disorder that those with African and Caribbean heritage may have, which can occur under stressful circumstances and may require immediate attention because they can lead to fatal strokes and even death?

Lord Hope of Craighead Portrait Lord Hope of Craighead (CB)
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My Lords, it may be proper now to raise a point of detail on Amendment 12 in case the matter is taken any further. Noble Lords will know that the Bill applies to Scotland and Northern Ireland as well as to England and Wales. We see that in Clause 69, which applies to Schedule 1 as it does to most other provisions in the Bill. The problem with the amendment is that it refers to two people who have oversight of matters in England and Wales, but does not include their equivalents in Scotland and Northern Ireland. Certainly, so far as Scotland is concerned, there is a separate police complaints commissioner and there is a Scottish inspector of prisons. I am not sure of the details in Northern Ireland but they could no doubt be checked as well. My point is that if the oversight provisions are to be carried across all the jurisdictions, we should be careful to include and mention them in this particular clause.

There was a related point, which the Minister might like to confirm. I take it that the codes that have been referred to apply to Scotland and Northern Ireland as well as to England and Wales. It is very important that there should be uniform standards throughout the entire country in these important matters.

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Lord Bishop of St Albans Portrait The Lord Bishop of St Albans
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My Lords, if I may, I will just add a brief comment on precisely that amendment. Some years ago I spent time in Malaysia and found myself meeting a number of barristers, all of whom had trained in this country. They spoke of how, when they had particular legal problems or needed advice, they would immediately turn to the people they had studied with back in this country. However, they were lamenting the fact that in recent years the next generation were all being trained in Australia and America and, of course, the place that they immediately contacted when they wanted help was their friends in those countries. They thought it was the most extraordinarily short-sighted approach compared with the way things had formerly been done.

I will add one other thing. Just three or four weeks ago, I paid a visit to one of the universities in my diocese, the University of Bedfordshire, and I met Bill Rammell, who had recently come there as the vice-chancellor. Immediately when we got talking, he lamented the very serious problem they have now of finding perfectly good students who want to come but are simply already unable to come. He was saying that this is something that is materially affecting Bedfordshire as one of our dynamic, thriving universities, which wants to be right at the forefront of forming, developing and, indeed, celebrating an international academic community, but it is finding that already it is difficult. Therefore, I want to add my support for the amendment.

Baroness Benjamin Portrait Baroness Benjamin
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My Lords, I rise to speak to Amendment 80, to which I have put my name, as I believe we need to find a sensible way forward to deal with the international student figures. International students make up less than 1% of the UK population, yet their spending power supports £80 billion-worth of UK economic output. International students support over 830,000 UK jobs across the country, including in Wales and Scotland. Interestingly, they are the most heavily regulated and monitored and are subject to strict visa controls. Yet there are proposed processes being considered here in this House that will deter many potential international students from choosing the UK as the place to study. This worries me greatly, as I speak as chancellor of the University of Exeter—I declare an interest.

This is why I support Amendment 80, which my noble friend Baroness Hamwee has spoken so eloquently on. I believe this is a common-sense way forward that deals with this important issue, and highlights international student numbers in a coherent and sensible way to show them that they are not perceived as the enemy and that they are wanted and welcome. It will ensure that the Government will know that, if there are any concerns detrimental to our country, they will know exactly where the problems are if there are any. Therefore, I hope that my noble friend the Minister will give careful consideration to Amendment 80. I look forward to his reply and will accept nothing less than a compromise.

Baroness Williams of Crosby Portrait Baroness Williams of Crosby
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My Lords, the hour is late and there is much to say, but I will be brief in my remarks. Let me begin by declaring an interest as a member of the court of the University of Hertfordshire, which is very like what the right reverend Prelate had to say about the University of Bedfordshire—a very young, growing but exciting and expanding university in a part of the world which, rather surprisingly, has not got as many universities as exist around Oxford and Cambridge and London.

Let me be quick and say the following. I would like first to add one other distinguished name to the list given by my noble friend Lord Maclennan. It is a name worth thinking about for a moment, and it is of course that of the new President of Iran. He holds a postgraduate degree from Glasgow Caledonian University, and one has to ask oneself whether his much more enlightened view of global relationships has nothing whatever to do with the fact that he is one of the very few senior figures in Iranian society who has spent substantial time outside his own country, speaks good English and is interested in what is happening elsewhere. That is the kind of benefit, one which cannot be listed economically, that a country like ours gets from the very wide spread of its students from all over the world who, over the last generation, have attended universities in this country. Out of that has grown an abiding affection both for their university and for the country in which it happens to be located.

Let us be honest: there is a profound division of opinion within the Government on this issue. We all know that the department for business enthusiastically supports the idea of a substantially greater expansion of British universities. That department includes some able Ministers with considerable knowledge of higher education, and it knows one important thing. The important thing that it knows is that you can grow out of a university relationship a whole range of relationships with other businesses, public services and so forth across the front. The noble Lord, Lord Tugendhat, pointed to the effect of this kind of relationship on global attitudes. It allows us to extend our acquaintances and friendships all over the world.

I shall put this very particularly because the noble Lord, Lord Hannay, said something less dramatic than I am about to say. He pointed out quite rightly that the National Union of Students study, based on a careful poll conducted at the end of last year of more than 3,000 students in this country, is the best figure that he could get; it is a figure showing what undergraduates think. Some 51% of undergraduates have said that they think that this country is not welcoming to overseas students. The more drastic figure—more drastic for the reasons given by my noble friends Lady Hamwee and Lady Benjamin—shows that 66% of postgraduate students, people who have spent some time studying here, take the view that this country is unwelcoming to overseas students. These are the very men and women to whom the noble Lord, Lord Tugendhat, was referring when he talked about relationships with scientific, medical and cultural groups in this country. They have a valuable contribution to make, but increasingly they are being somewhat frozen out.

One of the worst examples of this is the playing around with visas, which means that students suddenly find themselves without a visa a matter of months before they are due to start their course, and no one repays them for the work they have done to get that visa in the first place. British visas are among the most expensive to be found in any country offering higher education in the whole of Europe. Our visa expenses are something like three or four times higher than those of our major competitors. Now we are going to add to that cost health surcharges, decisions about tenancies and a whole range of things, all of which are off-putting and not welcoming. I agree with my noble friend Lady Hamwee that this country has to make a great effort to retain this huge asset value in one of the few areas in which we still lead the world. It is to my mind almost totally irrational to make it harder and harder for our most effective industry, that of higher education, to expand, grow, root itself and be there for the distant future.

The reason for all this is that we have become so obsessed with immigration numbers that we can no longer see the larger picture. The great bulk of students, over 95%, who come here to study go back to their own countries, having fostered friendships and relationships with us. I shall give only one example before I stop. In this country we suffer considerably from a long increase in waiting times for people getting into, for example, A&E to look after accidents and injuries that they have. We used to have a substantial number of junior doctors serving in A&E, particularly those who came from countries like India, but elsewhere as well, who gained great knowledge of medicine and of our hospitals and made a huge contribution to a National Health Service that ran smoothly. Increasingly, those numbers are no longer there. In two years’ time we shall see A&E waits rise, and we shall ask, “How did this come to happen?”. The answer is right here and now. It comes to happen if we turn off the young medics who would like to come here, who would like to learn about how we work and about how our health service works and then go back to their own countries and spread that knowledge more widely.

So I end simply by saying that we have a profound schizophrenia in this country on this issue. I do not understand why it is not clearly seen to be of such advantage to us, to our own people and to those who come. We do not recognise that we should have the strength to face up to looking again at this extraordinary conflict that we look at all the time between different departments, different people and different individual political attitudes. We should look at it and say to ourselves that this is something that we do very well, something for which we have been admired, something which benefits the world and benefits us, and decide to get on with it and make our universities the core of one of our most rapidly rising and highest reputation industries.

Immigration Bill

Baroness Benjamin Excerpts
Monday 10th February 2014

(10 years, 3 months ago)

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Baroness Benjamin Portrait Baroness Benjamin (LD)
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My Lords, I speak in this important debate to focus on some of the issues concerning children and universities. I declare an interest as the vice-president of Barnardo’s and as the chancellor of the University of Exeter, where we continue to encourage high-quality applications for science and engineering programmes from a diversity of countries, in line with supporting the UK’s economic growth in that strategically important area. Support is needed, and the UK needs to send out positive messages in this global competitive market. Therefore, I wish not just to express the concerns of Exeter University but to echo concerns shared by many universities throughout the country, on whom the proposals will have the most detrimental effect in terms of international student intakes and regional economic developments.

The international student sector will be one of the groups most affected by the Bill, as it makes up 75% of those who are already subject to visa controls and are most heavily regulated and monitored. However, this group makes the most significant contribution to the UK economy. Making the process harder for them would deter many potential students from choosing the UK as a place to study. I worry that by implementing these proposals, UK education is likely to go backwards on its long established tradition of international cultural integration, competitiveness and co-operation.

In Exeter, as in many other UK cities, international students and staff make a significant contribution to the local economy. As a university and as a city, we wish to encourage international students to come to Exeter. Our major concern is that a number of clauses in the Bill—for example, those on the introduction of NHS charges, the requirements for landlords to check immigration permission before letting their properties, and the removal of appeal rights for in-country visa applicants—give the message that the UK is a difficult place to which to come to study.

Exeter’s international teaching staff, who are vital to developing the international reputation of the university, already contribute tax and national insurance from their salaries. Under these new proposals, they will now also have to pay an up-front levy to use NHS services. Many come to the UK with their families, which will make this a significant cost and may discourage them from working here. This would be our loss. I ask my noble friend the Minister: has this been taken into consideration?

Our university invests a lot of resources into ensuring that all international students have valid immigration permission. We perform this role effectively and diligently. I ask my noble friend whether he believes that landlords, with no training, will be able to do the same. There is a risk that many landlords will cease to let their properties to international students, placing these students at a disadvantage against their UK counterparts and increasing feelings of marginalisation.

The Government must make sure that the Immigration Rules deter fraudsters, criminals and those who wish our nation harm, but the Government must also show that we welcome genuine candidates. It is vital that this positive message be sent out across the world.

I now turn to children and young people. Many of the proposed policies will indirectly affect children, such as those in detention centres and those without refugee status. I hope that any legislation the Government are considering involving immigration detention for children will make sure that the well-being of children is a priority and will include safeguards to ensure that pre-departure accommodation, such as Cedars, where support is given by Barnardo’s, is used as a last resort and for the shortest possible time, in line with international standards of human rights. Children deserve this.

I also draw attention to the concerns of charities such as Kids Company, which deals with many serious problems involving children and young people who are impacted by their parents’ unresolved immigration issues. Some of these children were trafficked, and at 18 their lives come to a complete standstill. They do not have the legal papers to get employment or be able to access further education or take up university places offered to them to help them better their lives and make a positive contribution to Britain. Kids Company has said:

“We have to support a number of young people by paying for their food and accommodation because they are not eligible for housing benefit or subsistence, and because they cannot access benefits or get employment due to their unresolved status”.

Many of the young people are being sexually abused by men who allow them to stay in their homes in return for sexual contact. They are very traumatised, undernourished, humiliated and excluded.

Another significant problem is the abuse by a few unscrupulous solicitors who, knowing these young people are vulnerable, take their money and do not process their legal papers appropriately. These victims cannot hold the solicitors accountable because they do not have the know-how, and they are not legally defined here in the UK. Consequently, Kids Company has to pay the fee required by the Home Office to legitimise these unfortunate young people’s legal status as refugees.

The Government’s strategy is flawed in this area and needs to be addressed, as the numbers who find themselves in this position are growing. Many of these non-status individuals resort to crime and prostitution to survive, not to mention the psychological damage that they suffer. Kids Company has stated that this group now forms its biggest and most high-risk client group. They are arriving at its doorsteps daily through word of mouth. It describes the scale and severity of this problem as catastrophic; a problem that requires an international refugee protection programme, which I hope that the Government will consider.

These are just some of my main concerns on this important Bill. Many noble Lords have expressed some of the views which I, too, feel. I also look forward to hearing the Minister’s response and I truly hope that he takes a holistic view, with a clear head and moral conscience, and with our great country’s interest and reputation close to heart.

Crime: Child Abuse

Baroness Benjamin Excerpts
Tuesday 4th June 2013

(10 years, 11 months ago)

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Lord Taylor of Holbeach Portrait Lord Taylor of Holbeach
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I thank the noble Baroness for bringing her Bill to the House during the previous Session. I understand, and hope, that she will bring her Bill here again so that we can discuss these matters. The respondents to the Department for Education’s consultation said clearly that parents feel that it is their responsibility, with the help of the industry, to keep their children safe online. It was also clear that, in accepting that responsibility, parents want to be in control, and that it would be easier for them to use the online safety tools available to them if they could learn more about those tools. We are focusing our discussions with the industry on those lines.

Baroness Benjamin Portrait Baroness Benjamin
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My Lords, the Child Exploitation and Online Protection Centre has warned that the growing availability of access to the internet is likely to see an increased threat to children’s safety. Recently there has been a 14% increase in the reported sexual abuse of children. Will my noble friend tell the House what financial support the Government are giving to CEOP and other agencies to deal with this increase?

Visas: Student Visa Policy

Baroness Benjamin Excerpts
Thursday 31st January 2013

(11 years, 3 months ago)

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My Lords, I, too, thank my noble friend for securing this important debate and declare an interest as the chancellor of the University of Exeter, where we have had a rapid rise in the number of international students because we have reached out to the world by creating one of the UK’s most successful world-class universities. We are proud to have 5,000 exceptionally brilliant international students from 140 countries, including China, Hong Kong, India, Vietnam and the USA.

These international students make a massive contribution to increasing diversity and have a positive impact on the life of the university and international understanding in the south-west, where celebrations such as Diwali and the Chinese New Year are now firm dates in the city’s calendar. This is vital in an area that does not enjoy the same level of cultural diversity as London and other inner cities. International friendships forged in the south-west will benefit us all long term.

At a time of financial insecurity we should also acknowledge the positive economic impact that our international students have on jobs and local investment. An independent study that we commissioned from Oxford Economics found that our international students contributed over £88 million a year to Exeter’s GDP and supported 2,880 jobs. In the south-west economy, that rises to over £104 million per year and 3,280 jobs.

This success is at risk if we do not continue to provide a warm welcome to international students. Why are the Government proposing to do the reverse? Universities in other countries will take our market share. This makes no sense because in this competitive international market students can go anywhere to study where they feel welcomed. From my personal experience on graduation days, I know that they love coming here. Higher education is a great British success story and we should not damage its future international competitiveness. I beg the Government to reconsider.

Minority Ethnic and Religious Communities: Cultural and Economic Contribution

Baroness Benjamin Excerpts
Thursday 24th May 2012

(11 years, 11 months ago)

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My Lords, I, too, thank the noble Lord for securing this important debate, as it gives us an opportunity to celebrate unsung heroes of culturally diverse backgrounds who have made outstanding contributions to our society, making this great country rich, diverse and vibrant.

One such unsung hero is the British composer known as the “black Mahler”—Samuel Coleridge-Taylor, who was born in London in 1875. He was one of the few mixed-race children in Victorian times. He was regarded by his contemporaries—Elgar, Mahler—and Vaughan Williams as the most talented composer of his generation, both in Britain and America. His best known work, “Hiawatha’s Wedding Feast”, became a worldwide sensation that captured the public’s imagination. For years it was the centrepiece of the Royal Albert Hall’s summer programme. The lavish productions were performed to packed audiences, including the Royal Family. At the time, it was more popular than Handel’s “Messiah”. Coleridge-Taylor became a cultural icon in America and was the first black man to conduct the band of the US Marines.

Interestingly, the only copy of the manuscript of his violin concerto went down with the “Titanic” on its way to America—for use in a concert—in 1912, so he had to rewrite it from memory in a very short time just before he died. His immense talent was never truly given the status that he deserved as a major composer here in Britain. He died tragically at the age of 37, a broken man who passed away sitting up in bed, conducting an imaginary symphony after being attacked by racists thugs on West Croydon station. Happily for his fans, his lost opera “Thelma” was found in the British Library recently, just in time to be performed this year, on the centenary of his death.

In more recent times, Caribbeans who came to Britain brought with them their style, flair and culture. Their music transformed and influenced the British music scene. Ska, bluebeat, rocksteady and reggae are now part of British musical heritage. Carnival, calypso and steel pan music were brought to these shores by people from Trinidad and Tobago, who celebrate their 50th anniversary of independence this year. Steel pan music—which uses the only musical instrument created in the 20th century—also played its part in creating a musical extravaganza. It has become a well established and much loved instrument played by many British school children today.

Calypso music was introduced to London by the arrival in 1948 of two “Empire Windrush” passengers, Lord Kitchener and Lord Beginner, who wrote and sang calypsos about the Caribbean immigrants’ experiences here in Britain at that time, with songs such as “London Is the Place for Me” and “Cricket lovely Cricket”. It was Lord Kitchener who led an impromptu, Trinidad carnival-style musical parade around Hyde Park and down Piccadilly towards Eros, much to the amazement of onlookers. Carnival was embraced, and perhaps this marked the moment when a new, distinctively Caribbean spirit and rhythm started to infiltrate our national culture. The carnival celebrations, fostered by Claudia Jones, became an annual event in 1959, first in St Pancras Town Hall and then in Notting Hill from 1964, where they evolved into the world famous Notting Hill Carnival, the largest in Europe, which attracts millions of visitors every year.

For centuries, this country absorbed into its fabric a melting pot of cultures, religions and races, creating the rich tapestry of our nation; but sadly, the contributions made by black, Asian and Chinese people are often absent from our cultural history. For the sake of our children we need to rectify this, and to create and stimulate national pride and unity among all people. We need to appreciate, celebrate and be proud of all that makes Britain unique and great in the 21st century. Surely this should be the overriding mission of government. I will be interested to hear from my noble friend how the Government intend to encourage these principles.

Queen’s Speech

Baroness Benjamin Excerpts
Tuesday 15th May 2012

(12 years ago)

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My Lords, I was pleased to hear in the Queen’s Speech the Government’s announcement that the children and families Bill will include a number of proposals designed to improve the adoption and family court systems. The largest voluntary sector providers of adoption and fostering in the country, Barnardo’s—I declare an interest as a vice-president of the charity—welcomes these proposals, which it has highlighted for many years.

The Government’s aim to speed up the time it takes to approve people looking to adopt and the proposal that potential adopters, who may have been put off in the past by the selection processes, are now to be trained, assessed and approved within six months, is a huge step forward. So, too, is the proposal for a national matching system, helping to avoid the situation where there is unmet need in one local authority but suitable adoptive parents in another. However, there are a number of other measures not included in the proposals, so I urge the Government to focus not just on adoption but to use this great opportunity to take an overview of the whole care system from start to finish, beginning with speeding up the process of endangered children being taken into care by taking steps to encourage better integration between local authority departments, in particular those concerned with child protection and looked-after children, because in Barnardo’s experience they often do not communicate well.

The majority of children in care are in foster placements and fostering is often the most appropriate and effective option, but there are often delays in matching children with foster carers, especially siblings, disabled children, older children and those from black and culture diverse backgrounds. So again I urge the Government to give the same level of priority to improving foster placement as they do to adoption to make sure that foster carers are trained, assessed and approved for this important role.

Being brought up by adoptive parents with a shared race, culture or language is clearly the best option. However, I believe that the most important consideration should be for the child to be matched with loving parents, and that matching children for ethnicity should not be the key factor when determining placements. However, we do need to make sure that a better understanding of the complex issues surrounding race and culture is encouraged throughout the whole of society, and that includes the media. Potential adoptive parents should also be given support and education on the psychology and philosophy of bringing up a child of Afro-Caribbean or other culture within a family of a different ethnicity. I hope that the Government will break down all the existing barriers and carry out work to ensure that this will be the case.

The proposed reforms offer an opportunity for the Government to launch a publicity drive to recruit both new adoptive parents and new foster carers, and not just leave it to chance or to charities. Then, it is hoped, a more diverse range of people will be encouraged to come forward to adopt and to foster. Adoption can occasionally go wrong, so it is great to know that the Government have committed to providing support for parents for up to three years. However, I believe that there should be long-term support to minimise adoption breakdown, especially for children in their teenage years, as this can be a particularly challenging time for any family.

There have been several instances of children in the care system being sexually exploited and recent cases have highlighted the extent of this evil and wicked abusive practice. However, if children could be placed in stable, loving homes as early as possible, that would be the best preventive action against them being exploited. However, I would also like to draw attention to another serious issue which affects sexually exploited children when their cases are taken to court. I urge the Government to act now to focus on cases where barristers acting for multiple defendants repeatedly and inappropriately cross-examine young victims in sexual exploitation cases. Sometimes up to nine different barristers question the same witness. I strongly believe that these vulnerable witnesses should be better protected from unfair, improper and inappropriate questioning, so there need to be stronger rules and guidelines to safeguard these already damaged young children against suffering even more trauma, pain and distress.

I, too, welcome the strengthened role of the Children’s Commissioner announced in the Queen’s Speech, which is a great indication of the importance placed on children in our society. There is a strong signal in the Queen’s Speech that children’s well-being matters. I welcome this opportunity to bring in better policies to champion the rights of every child. With the right commitment and determination we can make sure that even the most disadvantaged and vulnerable children can turn their lives around and go on to form happy, sustainable relationships with their own children. The feeling of belonging, being loved and wanted is so important to a child. It gives them confidence, resilience, self-worth and self-esteem. As I always say, childhood lasts a lifetime, so let us make sure we do everything possible to give each and every child happy beginnings. I look forward to hearing the Minister’s response.

International Women’s Day

Baroness Benjamin Excerpts
Thursday 1st March 2012

(12 years, 2 months ago)

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My Lords, I too thank my noble friend Lady Verma for securing this debate, as it celebrates International Women’s Day, a very important time of the year when all of us can focus on the value of women in the world. It is also a time when women can pause from their multitasking for a few deserved moments to give each other a virtual hug of encouragement.

I am a proud woman who has played her part in contributing towards our country’s economy, but I would not have been able to do that if my parents, especially my mother, had not made so many sacrifices, which enabled their six children to benefit from their efforts. My beloved mother was born the same year as Her Majesty the Queen, and I would like to take this opportunity to congratulate Her Majesty on reaching the great milestone of her Diamond Jubilee—what an achievement, and she is still going strong.

My mother, who sadly is no longer with us, was an incredible woman. She worked so hard to get money to make it possible for her children to have a better life. My father, who always encouraged us, was a jazz musician in the 1960s so he did not earn much money. To bring in extra cash for the family to live a comfortable life, my mother took on three jobs. She cleaned offices early in the morning, at the crack of dawn. I used to help her during the school holidays and thought it was a great adventure to do so at the time. That is why I believe we must never look down on anyone, especially those who clean—you never know their circumstances. She was also a childminder during the day while we were at school, looking after other women’s children while they went out to work. In the evenings she did the laundry for the boys at a public school.

Years after that, my son, who is now a lawyer, went to that same school, and I became a governor of the school for 10 years—who would have thought? Later my mother gave up her evening job to stay at home because my eldest sister had got low marks for her school exams. My mother felt she owed it to us to be there for us, to push and motivate us. She taught her children to have a strong work ethic, which would be to our advantage. She used to say, “Keep at it, because the harder you work the bigger the rewards, not just financially but for that great sense of achievement, which is priceless”.

She reminded us every day that being from a culturally diverse background meant that you had to work twice as hard to be acknowledged, to achieve equality or to reach your goal. For us and many like us from minority backgrounds, sometimes the glass ceiling seems to be made of toughened glass. Even now, it is often almost impossible to break through. But you just have to keep on going. Nothing comes easy.

Women across the country have fought for equality in all aspects of life for centuries. They stormed Parliament, they chained themselves to railings; they even died for their cause—to play their part in making our country a more prosperous place. All women need are opportunities in order to progress.

I was chair of the Women of the Year Lunch for five years from 1995 to 2000, and the subject of equality and fairness was always top of the agenda. The lunch was co-founded in 1955 by the legendary, late Tony Lothian, who pushed the boundaries to get the recognition women justly deserved. I would like to take this opportunity to recognise and praise the work of Marie Colvin, killed a week ago in Homs. She won the Women of the Year Window to the World Award in 2001 for her bravery and work in journalism. She often said, “I go into places by choice but the people I am covering have no choice”. She will be truly missed.

Even though women have made huge inroads into almost every area of business and careers, there are still places that are like citadels, surrounded by impenetrable walls, which are barred to them. But I believe that, given a chance, women of all cultures could make an even bigger difference to our economy, bringing with them rich qualities that are sometimes lacking in boardrooms across the land.

It is not just the women in the workplace who make a huge contribution to our economy. There are also the women I call the unsung heroines of our economy. Yes, we must celebrate the contribution of the women who make a conscious decision to stay at home and care for their children. I have often heard women say, “I am only a housewife”. I say to those women they should be proud of themselves because they are just as worthy as anyone else in the workplace and the contribution they make in their own special way to the country is long term.

My mother did just that and her contribution has turned out to be worthwhile through her children, who all went on to have successful careers. So let us not forget the women who stay at home and undertake the very difficult task of childcare, managing the household, nurturing, guiding and motivating their children. They can be the best inspirational role models to their children. Even though it is a job that is not always celebrated or acknowledged, it is invaluable and serves as the backbone of our society, giving children the confidence to take up their place in society and contribute in a positive way. I applaud them for choosing to forgo their careers and become some of the country’s biggest economic assets—

Baroness Northover Portrait Baroness Northover
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I apologise for interrupting my noble friend, but I remind noble colleagues that when the clock hits six, you have had six minutes. I apologise.

Baroness Benjamin Portrait Baroness Benjamin
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Thank you very much but I just want to get that last phrase in. Thank you.

Baroness Northover Portrait Baroness Northover
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I point out that it will eat in to the Minister’s reply at the end if noble Lords overrun. This is a time-limited debate. I would appreciate my colleague’s understanding in this instance.

Baroness Benjamin Portrait Baroness Benjamin
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Let us congratulate all women on International Women’s Day and use it with pride. Our country needs you now more than ever. Thank you so much for being patient with me.