Windrush Compensation Scheme

Baroness Stuart of Edgbaston Excerpts

Monday 23rd November 2020 Lords Chamber

[Baroness Williams of Trafford (Con)]

On the last point, I understand that none of the people scheduled for deportation is Windrush, and actually there are some very serious criminals due to go on that flight. That said, as I said earlier to the noble Lord, Lord Dholakia, the fact that the most senior black civil servant made those claims is not something that I can stand here and be defensive about. We need to listen very carefully to what people are saying as opposed to dismissing it—although I am not saying that it is being dismissed at all. The scheme was designed with some of the claimants in mind, but it is something for us as the Home Office to reflect on in the weeks and months ahead.

[Baroness Stuart of Edgbaston (Non-Afl)]

My Lords, we have known since 2013 that there was a documentation problem regarding the Windrush generation. We have had years of trying to put this right but the progress we have made so far is clearly insufficient and inadequate. Identity is sometimes difficult to prove, but are we making that process too difficult? Will the Minister at least undertake to update the House, shall we say on the anniversary in April 2021, on what further progress has been made?

[Baroness Williams of Trafford (Con)]

I would be very happy to update the House. Regarding the EU settlement scheme, the attempt was to make identity assurance very easy. The noble Baroness says that we have known about this since 2013; the sad thing is that we have actually known it for decades, and we all need to reflect upon that.

EU Nationals in the UK

Baroness Stuart of Edgbaston Excerpts

Wednesday 6th July 2016 Commons Chamber

[James Brokenshire]

I understand the right hon. Lady’s point about certainty, and we want to give certainty at the earliest possible opportunity, but it is not as straightforward as she suggests for the reasons I have already mentioned. Of course conversations have taken place at different levels of government with other member states, and clearly we want to see that this certainty is provided for British citizens in EU member states as well as for EU citizens here. That is why I make the point about this being a priority. But we should not pretend that this is a straightforward task. There is a range of practical, financial and legal considerations. As part of this work, the Government will need to consider the range of circumstances of those who could enjoy these protections, and the form of the protections. For example, an EU student who has embarked on a higher education course might have differing requirements to an EU student who has just graduated from university and is looking for work.

This issue is not simply about the immigration status of an individual. Under free movement law, EU citizens’ rights are far broader than just the right to reside in the UK. There are employment rights, entitlements to benefits and pensions, rights of access to public services, and rights to run a business, which are so closely aligned with the right to provide cross-border services, as well as the ability to be joined by family members and extended family members, in some cases from countries outside the EU. Of course, under current arrangements these rights extend to European economic area and Swiss nationals, who are not in the EU. They all need to be considered, and we must remember that people do not have to register with the UK authorities to enjoy basic EU rights to reside. We will need to work out how we identify fairly and properly the people who are affected.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

It is of course possible to make life exceedingly difficult, and that is what the Immigration Minister is trying to do. Will he listen to what my right hon. Friend the Member for Leigh (Andy Burnham) said, which was very straightforward: on EU citizens’ rights to residency, we acknowledge that whatever rights they had on 23 June they have now, end of story?

[James Brokenshire]

Obviously, I hear the desire for that simplicity, but it is not as straightforward as the right hon. Lady would like to present. She might reflect on some of the themes I have highlighted, because it is important that we get this right, not just for now, but for the years to come. It is about getting the right deal—the fairest deal—for those who are here, and that is what we remain committed to doing. There will need to be detailed and painstaking work examining each of these rights and the different circumstances in which people find themselves, to ensure that there are no unforeseen or unintended consequences. That work will be led by the Europe unit based at the Cabinet Office, which will work in close consultation with all Departments with an interest.

It is important for the House today to underline to EU nationals that they continue to be welcome in the UK. Alongside the statements made by the Prime Minister that there will be no immediate changes in the circumstances of EU nationals, the Department for Business, Innovation and Skills has published guidance for EU students to provide additional reassurance to those who are about to embark on a course.

--- Later in debate ---

[Stuart C. McDonald]

My honourable namesake makes a very good point. My point is that it is time to do things very, very differently. A few months ago, I went to Edinburgh university to meet Professor Christina Boswell who had arranged a discussion about the dangerous disconnect between political rhetoric and reality when it comes to immigration. She highlighted the launch by the German Government, back in 2000, of a cross-party commission on immigration. The German Immigration Commission brought together the main political parties, as well as representatives of business, trade unions, religious and migrant groups and immigration experts. It allowed for evidence-based discussion on all aspects of immigration, and sought to build consensus around policy reform. It examined Germany’s demographic and economic needs as well as challenges related to the social impacts of immigration and policies for integration. Perhaps more significantly, it changed the whole tenor of debate in Germany, normalising the idea that Germany was, and would need to remain, a country of immigration, and encouraged a more grounded and factually informed discussion of what that would entail.

We can perhaps learn too from the Government of Canada, who just yesterday launched a national conversation on immigration. Their starting point is:

“Although times and conditions may have changed, 21st-century newcomers to Canada have retained…innovative spirit, enriching the communities where they settle and helping to ensure the Canada of tomorrow remains as dynamic as the country of yesterday.

Canada’s strength lies in its diversity. Indeed, the story of Canadian immigration is inseparable from the story of Canada itself.”

The conversation document seeks to engage all Canada’s citizens in a grown-up discussion of all the key questions, from

“How many newcomers should we welcome to Canada in 2017 and beyond?”

to

“Is it important for Canada to continue to show leadership in global migration? If so, how can we best do that?”

[Ms Gisela Stuart]

Do I take it the hon. Gentleman is advocating an Australian-style points-based immigration policy?

[Stuart C. McDonald]

I do not know where the hon. Lady gets that idea. I have not mentioned Australia. What I am talking about is the Canadian national conversation.

By asking the questions I quoted and having that grown-up conversation, Canada is already showing leadership. It is time that politicians here followed that example. As well as using today’s debate to praise EU nationals and demand that the Government confirm their status, let us think too about how we can work together across parties to combat xenophobia in all possible ways and to ensure that migration policy and debates are based on evidence and honesty rather than political expediency. Anyone who wants to be Prime Minister should sign up to that approach and start by being absolutely straight about the safe and secure future of our EU nationals in this country.

--- Later in debate ---

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

I think this House has to show leadership. People watching us today, from the United Kingdom and from mainland Europe, who have an interest in the decisions we make have a right to expect a clear statement from us. Some Members have mentioned the referendum campaign. There was an official referendum campaign, Vote Leave, which I was part of. The poster that has been mentioned was not part of our campaign, and we condemned it. There were other players who behaved in a way for which they have to be answerable. We were absolutely clear that we expected this Government to ensure, and to say clearly, that any immigration policy would have democratic consent, including respecting the rights of UK citizens abroad and EU citizens here up until the point that the country had made a decision.

I have to say to the Immigration Minister—with whom I too have a lot of sympathy, because he has been sent out to bat on a pretty sticky wicket—that he cannot pretend that people are not being treated as a bargaining chip and then say that we have to await the outcome of negotiations, which may be quite a long way off. In the interests of brevity and not repeating what others have said, my right hon. Friend the Member for Leigh (Andy Burnham) made it absolutely clear what the Minister needs to do. My hon. Friend the Member for Walthamstow (Stella Creasy) reminded him that as this is a question of British parliamentary sovereignty, he is perfectly capable of doing what my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) asked him to do—just to get up and say that anybody in this country who had residency rights acquired before 23 June will continue to have them. That would set the tone for the negotiations and send a signal to everybody in the rest of Europe as to how we expect them to treat UK citizens living abroad. May I invite him to do that?

EU Nationals: UK Residence

Baroness Stuart of Edgbaston Excerpts

Monday 4th July 2016 Commons Chamber

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

To ask the Secretary of State for the Home Department if she will make a statement on the legal status of EU nationals residing in the United Kingdom in the event of the United Kingdom’s leaving the European Union.

[The Minister for Immigration (James Brokenshire)]

EU nationals make an invaluable contribution to our economy, our society and our daily lives. They should be assured that, as the Prime Minister and the Home Secretary have repeatedly said, there will be no immediate change in their status in the UK. The Prime Minister has made it clear that decisions on issues relating to the UK’s exit will be for a new Prime Minister. I am therefore not in a position to make new policy announcements this afternoon.

The discussions that we have with the European Union to agree the arrangements for the UK’s exit will undoubtedly reflect the immense contribution made by EU citizens to our economy, our NHS and our schools, and in so many other ways; but they must also secure the interests of the 1.2 million British citizens who live and work elsewhere in the EU.

The Home Secretary was clear yesterday when she said that we should seek to guarantee that the rights of both groups were protected, and that this would be best done through reciprocal discussions with the European Union as part of the negotiations to leave the EU. It has been suggested that the Government could now fully guarantee EU nationals living in the UK the right to stay, but that would be unwise without a parallel assurance from European Governments regarding British nationals living in their countries. Such a step might also have the unintended consequence of prompting EU immigration to the UK.

It is in the best interests of all for the Government to conduct detailed work on this issue, and for the new Prime Minister to decide the best way forward as quickly as possible. In the meantime, let me stress that EU nationals continue to be welcome here. We have seen some truly abhorrent hate crimes perpetrated against EU nationals in the past week or so, and we will not stand for attacks of that kind. They must be, and will be, tackled in the strongest possible terms.

EU nationals can have our full and unreserved reassurance that their right to enter and to work, study and live in the UK remains unchanged, but to pre-empt future discussions at this point would risk undermining our ability to protect the interests of EU and British citizens alike, and to secure the best outcome for both.

[Ms Stuart]

I hate to teach the Minister about British constitutional organisations and structures, but ours is a Cabinet Government structure. Irrespective of whether Prime Ministers decide to leave, the Cabinet can still make decisions.

May I point out to Ministers that people are not bargaining chips? It is deeply offensive to assume that this country retrospectively changes the rights of its citizens. It is a duty of Government to allow people to live their lives and to make arrangements and predictions. We have 3 million EU citizens in this country, and 1.2 million British people live in the EU. They have a right to expect the Government to make clear statements.

The Minister may have read a letter to The Sunday Telegraph in which Members of Parliament, including my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the hon. Member for Clacton (Mr Carswell) and the right hon. Member for Hitchin and Harpenden (Mr Lilley), Frances O’Grady of the TUC, Simon Walker of the Institute of Directors, and Sunder Katwala of British Future—the Co-op is also concerned—say that it is the duty of this Government to state clearly and unequivocally that any EU citizen here will maintain and continue to enjoy the rights that they have acquired. Anything else would represent a failure of the Government to protect their people and future obligations. The Minister may also be aware that the House of Lords is far from happy with the Government’s position. Will he do the right thing now and not turn people into bargaining chips and not worry about what might happen in future but at this moment stand up and say that we honour human rights, that EU citizens have made an important and valuable contribution that will be honoured and that those who are here will continue to be here?

[James Brokenshire]

I entirely understand the basic premise of the right hon. Lady’s point, which is that we should seek to reassure EU nationals here in the UK and British citizens in other EU countries. On that broad premise, we are not poles apart. The question is about how we achieve that objective, which raises several complex issues. She will understand that we are talking about not only the right to reside, but employment rights, the right to study, entitlement to benefits, access to public services, and the ability to be joined by family members.

This is not, as the right hon. Lady seeks to characterise it, about viewing people as bargaining chips in some way; it is about getting the best possible outcome for EU citizens who are here and for the 1.2 million British citizens who are elsewhere in the European Union. The Government are absolutely focused on getting the best possible solution through discussions with the European Union. She and other EU nationals who are here and contributing to our society can be assured that that is absolutely at the forefront of what we are seeking to achieve in the negotiations that will follow.

Oral Answers to Questions

Baroness Stuart of Edgbaston Excerpts

Monday 11th January 2016 Commons Chamber

[Mrs May]

Northamptonshire has indeed taken a number of initiatives and I am very pleased to say that, in collaboration, the police and crime commissioner, Adam Simmonds, has been particularly innovative in his thinking, looking at ways in which collaboration, not only between police forces but with other agencies, can take place. It is part of the role of the College of Policing to ensure that good practice, where it occurs, is spread so that other forces are aware of what action can be taken, to help them deal with the same issues, such as rural crime.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Could the Home Secretary update us on the progress she is making on co-operation between emergency services, be they the police, the NHS or the fire services?

[Mrs May]

Yes, I will refer later to some of the steps the Government are taking in relation to that collaboration. We are encouraging police forces and fire services in particular to look for collaboration where they can find it. In some parts of the country, such as Northamptonshire, the police and crime commissioner is also actively looking to see what action can be taken in relation to ambulance services, too.

Counter-terrorism

Baroness Stuart of Edgbaston Excerpts

Tuesday 5th January 2016 Commons Chamber

[Mrs May]

We have been working with the Department for Education. My right hon. Friend the Secretary of State has been developing proposals for the registration of madrassahs, starting with those providing a certain length of time of more formalised teaching. Action is under way in relation to that particular issue.

My hon. Friend raises a matter that concerns many people about children involved in Daesh in Iraq and Syria—children who may be taken away by their families and taken abroad to that environment. In the last year, in a significant number of instances, court powers have been used to prevent families from going abroad. This is quite simply a safeguarding issue and local authorities are increasingly looking at the issue and taking action.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

When was the Home Secretary told that Siddhartha Dhar had breached his police bail conditions? What actions did she take as a consequence of that information?

[Mrs May]

I have been asked this question before and have said that I am not giving indications in the Chamber today about any particular individual. Decisions about whether somebody should be on police bail are taken by the police. They decide the conditions of police bail, and that is as it has always been.

Paris Terrorist Attacks

Baroness Stuart of Edgbaston Excerpts

Monday 16th November 2015 Commons Chamber

[Mr Speaker]

Order. Accommodating all interested colleagues will require great brevity, in which exercise we can, as so often, be led by Gisela Stuart.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Further to the answer given to my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper), the Home Secretary knows better than most people in this place that successful counter-terrorism depends on information gathered through neighbourhood policing. If she cuts that extremely important link, her increase in intelligence officers will not bring about the result that she desires.

[Mrs May]

Of course, counter-terrorism work depends on the gathering of intelligence. That intelligence is gathered in a variety of ways. As the hon. Lady will be aware, and as we indicated in Home Office oral questions earlier, the percentage of police officers who are now involved in front-line policing has gone up over the past five years.

Migration

Baroness Stuart of Edgbaston Excerpts

Wednesday 16th September 2015 Commons Chamber

[Mrs May]

My hon. Friend makes an important point. That is why the work that the Minister for Syrian refugees will do in considering offers of support and ensuring that they are channelled in the best way possible is important, so that people are able to give that support. I have discussed this matter with the LGA, and local authorities will have some responsibility when considering people’s offers. However, the LGA has already sent a message to councils for them to give to others, because some people do not perhaps realise the nature of the commitment that would be required. We are talking about people coming to the United Kingdom with humanitarian protection for five years. These people are particularly vulnerable and, as I indicated earlier, some of them will have been traumatised, for example by the use of sexual violence against them. It is important that those people are placed in an environment where they get the necessary support, so that their experience of living in the United Kingdom is a good one.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Birmingham City Council held an open meeting yesterday and made it clear that the city will welcome Syrian refugees. As the Home Secretary has recognised, those refugees will require long-term support, and to tell local authorities that they will receive funding only for 12 months is simply not sufficient. May I press her to make more long-term commitments and to allow local authorities to plan properly?

[Mrs May]

I will give the right hon. Lady the same reply that I gave to my hon. Friend the Member for Twickenham (Dr Mathias): we are clear that ODA funding will be available for the first year as the ruling on such funding is that it is available for 12 months. Thereafter, discussions will take place with the LGA, those involved in this issue, and with the Treasury, and the Chancellor has made clear that he will consider this matter carefully as part of the spending review.

Calais

Baroness Stuart of Edgbaston Excerpts

Tuesday 14th July 2015 Commons Chamber

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Can the Home Secretary tell the House when the secure waiting area will be up and running, whether it will be policed by French or British police officers operating under—presumably—French law, and what the cost will be?

[Mrs May]

The secure area will be in place in the autumn: we are working on putting it into place. I would expect it to be policed by the French police, because the British police do not police in other member states. We are providing £12 million, and the security arrangements we are putting in place in Calais will be paid for from that sum of money.

Clandestine Migrants (Harwich)

Baroness Stuart of Edgbaston Excerpts

Monday 8th June 2015 Commons Chamber

[James Brokenshire]

I recognise and support the need for detention as part of a removals policy, and IRCs play an important role in ensuring that that takes place in a safe manner. Obviously, we are concerned to ensure that detention in an IRC is for the most limited period possible and that appropriate welfare is provided, but it is absolutely right that we have our IRCs to do the job on facilitation and removal.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

Given that these were intelligence-led operations, may I return to John Vine’s comments about Border Force? His concerns were that too many staff with long experience have been lost and that although we may have the numbers, these people are not sufficiently experienced. Will the Minister return to the issue to satisfy himself that that is not happening?

[James Brokenshire]

The success of Border Force is clear to see, with more than 39,000 attempts to cross the channel illegally having been stopped in 2014-15. Indeed, its successful work last week underpins its activity. We continue to strengthen the security at our border to stop those who have no right to enter the UK, and our highly trained staff in Border Force are doing that precise job.

Oral Answers to Questions

Baroness Stuart of Edgbaston Excerpts

Monday 9th February 2015 Commons Chamber

[Lynne Featherstone]

Seven.

[Ms Gisela Stuart (Birmingham, Edgbaston) (Lab)]

In parts of my constituency, the night-time economy includes kerb-crawling and street prostitution. Local residents are trying to work with the police to control the situation, but it is becoming increasingly difficult, with the cuts to community support officers and front-line police officers and the local authority cuts, to work with local communities. What is the Minister doing to support them?

[Lynne Featherstone]

The hon. Lady will have heard already that crime is falling across the country and has reduced by one fifth since the coalition entered government. We have taken action. I have written to local authorities to remind them of their powers, and police and crime commissioners are there to use their commissioning powers in respect of crimes that need addressing in their local areas.