TOEIC: Overseas Students

Caroline Nokes Excerpts

Wednesday 24th July 2019 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Secretary of State for the Home Department if he will announce his decisions on the cases of overseas students falsely accused of cheating in ETS TOEIC—test of English for international communication—English language tests.

[The Minister for Immigration (Caroline Nokes)]

Five years ago, “Panorama” uncovered the shocking scale of fraud within the English language testing system. ETS, the company that ran the centres, analysed all the tests taken in the UK between 2011 and 2014—more than 58,000 in all. It identified more than 33,000 invalid results where, in its view, there was direct evidence that somebody had cheated, and a further 22,000 were considered questionable because of irregularities. This fraud was serious and systematic, and 25 people who were involved have been convicted and sentenced to more than 70 years in prison. Further criminal investigations are ongoing, with a further 14 due in court next month. These crimes did not happen in isolation. The student visa system we inherited in 2010 was wide open to abuse. The National Audit Office found that as many as 50,000 people may have fraudulently entered the UK to work using the tier 4 student route in 2009-10 alone.

Following the revelations, the Home Office took prompt action against some of those who were found to have cheated, and that action was endorsed by the courts. Those whose results were questionable were offered the chance to resit the test. Despite this, there are understandable concerns that some people who did not cheat might have been caught up, and that some have found it hard to challenge the accusations against them. So earlier this year my right hon. Friend the Home Secretary commissioned advice from officials. Yesterday he lodged a written ministerial statement updating the House on our next steps. He announced that the Department would change existing guidance to ensure that the belief that a deception had taken place was balanced against other factors, which would normally lead to leave being granted, especially where children are involved.

Furthermore, we will ensure that no further action is taken in cases where there is no evidence that an ETS certificate was used in an immigration application. We will also drop the automatic requirement to interview those linked to a questionable certificate. We continue to look at other options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed. It is right that we show concern for those who have chosen to study or make a life in this country, but we cannot allow our concern to undermine the action we must take to tackle what was a widespread criminal fraud. We will keep the House fully informed as our response to this issue develops.

[Stephen Timms]

By 2017, more than 35,000 refusal, curtailment and removal decisions had been made in ETS alleged cheating cases. Thousands of those accused and denied visas remain in the UK protesting their innocence. The Home Secretary, who I am delighted to see in his place, told the House three months ago:

“We had a further meeting to make some final decisions just last week”.—[Official Report, 1 April 2019; Vol. 657, c. 799.]

However, there has still been no announcement. He said on Monday last week:

“I am planning to come to the House with a statement to say much more before the summer recess.”—[Official Report, 15 July 2019; Vol. 663, c. 586.]

He has come to the House today, but we have not heard that statement. Thousands of students who have been falsely accused now face grave hardship and need this to be resolved urgently.

ETS’s records are confused, incomplete and often plain wrong. The professor of digital forensics at Birmingham City University told the all-party parliamentary group on TOEIC last month that it was

“unsafe for anyone to rely upon computer files created by ETS…as a sole means of making a decision”,

but those files are the only basis for the cheating allegations. Appeals were not allowed in the UK, but a growing number have convinced a court that they did not cheat. Immigration judge Lucas, dismissing the Home Office’s case of TOEIC cheating against one of my constituents, wrote last month that

“the reality is that there is no specific evidence in relation to this Appellant at all.”

This is a grave injustice that must be brought to an end.

At the Home Affairs Committee on Monday, the Home Secretary suggested a new reconsideration system for TOEIC cases, although yesterday’s inadequate written statement did not even go as far as that. Does the Minister envisage a reconsideration system for those wrongly accused? When will it be set up? How will it operate? When will full details of it be announced? Would it not be better and easier just to allow students to take another secure English language test, and if they pass, to allow them to regain their visa status?

[Caroline Nokes]

I commend the right hon. Gentleman for his diligence in pursuing this issue. He certainly brought it to my attention very early on in my tenure as Immigration Minister. It is important to reflect on the fact that the courts have said, in separate cases, that the evidence was enough to take the action that we did and that people had cheated for a variety of reasons. My right hon. Friend the Home Secretary did indeed publish a written ministerial statement yesterday, which gave an indication of the changes so far, but it is important that we continue to work on the issue and find a mechanism to allow people, where necessary, to have some form of review. Unfortunately, I cannot set things out in the detail that the right hon. Gentleman has requested at this time, but I reassure him that I am conscious that we have a new Prime Minister and, should I remain in this post, I will seek to raise the TOEIC issue with him as a matter of urgency, because it is important that we work as a Government to ensure that we find a mechanism for redress for the few cases in which a wrong decision may have been made.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my right hon. Friend the Member for East Ham (Stephen Timms) for securing this urgent question and making a powerful case. His work and commitment on this issue has been tremendous. The TOEIC scandal is another example of the Government’s hostile environment, plunging thousands of lives into uncertainty. This shameful episode, which started in 2014, has led to thousands of students being accused of cheating and the cancellation of some 35,000 student visas. Multiple organisations and court cases have questioned the allegations, uncovering the Home Office’s many shortcomings.

The damage, distress and loss caused to the international students wrongly accused of cheating has been colossal, leaving them feeling like criminals. Likewise, it has damaged our international reputation as a preferred destination for international students. It is evident that the Home Office has not learned key lessons from this debacle and the hostile environment policy, which is obviously still in play. I met students in Parliament and was shocked to learn about the abuse that they have experienced and to learn that they all suffer mental health problems—something not to be taken lightly.

The Home Secretary revealed at Monday’s Home Affairs Committee meeting that a new reconsideration system will be introduced, but the details remained vague in yesterday’s statement. The urgency of this matter must be understood, and the Government must clarify what the new system will look like and when it will be set up. These students have endured serious hardship and deserve answers, and immigration policies and processes must be fair and transparent. Will the Minister confirm that no further students accused of cheating in a TOEIC test will be detained or forcibly removed? Does she also accept that students have faced serious financial losses? If so, what financial support will be provided? This grave injustice must be corrected as quickly as possible.

[Caroline Nokes]

I thank the hon. Gentleman for his questions, but I point out to him that, far from this being a shameful scandal, what is shameful is that this was cheating on an industrial scale. The latest National Audit Office report confirmed that abuse of the system was widespread, and the 2012 NAO report indicated that “abuse was rife”. Of course, the Home Office also not only sought compensation from ETS, but received it. It is therefore absolutely imperative that we emphasise that this was criminal activity and that people have been imprisoned. As I said earlier, 14 more individuals are facing court action as a result.

The hon. Gentleman will be well aware of the responses that my right hon. Friend the Home Secretary recently gave to the Home Affairs Select Committee, and I want to emphasise his precise words. He spoke of

“a very small number, judging by the cases that have gone through the courts or come to the Home Office since 2014. Nevertheless, even if it is one individual who has been wronged, it is our duty to make sure that we are doing more to help.”

It is our duty, and that is absolutely what my right hon. Friend the Home Secretary intends to do.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Yet again, I congratulate the right hon. Member for East Ham (Stephen Timms) and his colleagues on the all-party group for their tireless work on the behalf of probably thousands of innocent people whose lives and aspirations have been ruined by this fiasco. The Minister is absolutely right that shameful cheating was going on but, as the National Audit Office said, the Home Office should have been just as robust about protecting the innocent as it was in pursuing the fraudsters.

It was positive on Monday that the Home Secretary talked about creating a new opportunity for those who have been wronged to have their cases reconsidered, so it is slightly alarming that the Government seem to have moved away from that approach in the past couple of days. He was wrong to talk on Monday as though the burden of proof should still be on those facing allegations of cheating, who should be presumed innocent until proven otherwise. Thanks to the work of the all-party parliamentary group, we know that assertions of cheating by ETS cannot be relied upon on their own in deciding whether someone is guilty, and the courts have frequently rejected the evidence of ETS, just as they have sometimes upheld it.

I was going to ask when the new mechanism will be up and running, but when will we at least have clarity about whether we are getting such a mechanism? If we are to have a new mechanism, will the Minister undertake that individuals will be presumed innocent unless there is significant evidence beyond a simple and unreliable assertion of cheating by ETS? Finally, to restore credibility and trust in the whole process, will the Minister consider giving responsibility for making decisions on such cases to an independent decision maker—people with the required technical and legal expertise—totally outside the orbit of the Home Office and the ETS?

[Caroline Nokes]

I thank the hon. Gentleman for his questions. I remind him that in 2014, before his time in this House, it was Parliament that insisted that the Home Office took urgent action to address what had been revealed as widespread cheating. It is important to find a mechanism that provides redress for those who may have been wrongly caught up in this. However, the independent expert, Professor French, indicated when he studied the matter that the likelihood of a false match from the voice checks was likely to be less than 1%.

The hon. Gentleman referred to some of the subsequent court cases, and evidence of an article 8 claim of a right to respect for family or private life led the courts to take a balanced decision in many cases that it was right that individuals should be allowed to stay, and that is absolutely what we are saying in the review of the guidance. We want to ensure that the Home Office, which I absolutely believe is the appropriate place for these decisions to be made, is making sensible decisions that properly balance any belief that deception was practiced against the wider circumstances. Where the circumstances are particularly compelling, perhaps when children are involved, it is important that we look to see what more the Home Office can do to help people put their claims forward.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

People accused and defamed, detained and deported, visas lost and people left destitute on unsafe allegations on discredited evidence. Yes, there were cheats—nobody is denying that—but many more were innocent. Maybe the reason why so few such cases have become apparent is that most people were not allowed to appeal and very few have been able to get to court. However, some of those who got to court, as my right hon. Friend the Member for East Ham (Stephen Timms) said, have had justices making public statements on their behalf.

I note the Minister’s reassurance, and it is welcome that this matter will remain one of her priorities if reappointed. For that reason alone, I hope she is reappointed, because many Opposition Members have invested a lot of time in this Front-Bench team taking things forward. However, this question will remain for whoever is on the Treasury Bench: when will those not guilty of any offence receive justice?

[Caroline Nokes]

I thank the hon. Gentleman—I think—for his kind words in saying that he hoped I would be reappointed. However, I reiterate that the allegations were not unsafe and that our approach to taking action on students has been endorsed by the courts, which have consistently found that the Home Office’s evidence was enough to prompt the action that was taken at the time. I emphasise that my right hon. Friend the Home Secretary published a written ministerial statement yesterday and made it clear in his appearance before the Home Affairs Committee that he is determined to find solutions going forward that are practical for those involved and provide people with the opportunity to explain, potentially through article 8, how they can substantiate their claim to life in the UK.

[Naz Shah (Bradford West) (Lab)]

The truth remains that the Home Office does not actually know how many people were cheating. The truth remains that 35,000 people had their visas revoked as part of the Home Office and the Government’s anti-immigration atmosphere and hostile environment. That is the truth. Lots of people gave evidence to the Home Affairs Committee, of which I am a former member, and the truth is that the concerns that my right hon. Friend the Member for East Ham (Stephen Timms) raised are absolutely valid. People have lost their livelihoods. They cannot return home because of the shame and the stigma. They have no recourse to public funds to defend themselves. They have been labelled guilty and as cheats. That is a crying shame, and I absolutely disagree with the Minister when she says this is not a shameful episode. We have had Windrush and the whole hostile environment, and TOEIC is exactly the same thing. Given that the evidence is no longer secure, is it not right that we should not deport anybody else and not force through any more deportations from our detention centres of students who have found themselves the victims of the incompetence of our Home Office and Government?

[Caroline Nokes]

The hon. Lady was not here in 2014 and perhaps does not remember the pressure from Parliament to address this systematic cheating. I remind her that there have been criminal convictions, with sentences amounting to over 70 years and with more criminal trials to come. It is important to remember that this was a criminal operation on an industrial scale—[Interruption.] The hon. Lady may chunter at me from a sedentary position, but she must remember the criminal facts behind this. However, as my right hon. Friend the Home Secretary has indicated, we have recognised that some people may have innocently been caught up in it. As he said, it is our duty to make sure there is a redress mechanism for those for whom those circumstances prevailed. However, it is quite wrong to suggest that this is something to do with the hostile environment; this was to do with crime.

[Lyn Brown (West Ham) (Lab)]

Let me help the Minister maybe. If she is absolutely confident about what she is saying from the Dispatch Box—I have to say I would be very surprised if she is—can she commit to covering the legal costs of any student who has had to pay for legal representation as a result of Home Office inadequacy? Surely that must be applicable and appropriate for those who win their appeals.

[Caroline Nokes]

The hon. Lady will know that when it comes to court hearings, judges will decide whether people have a valid claim to remain in the UK. We continue to look at all the options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed. As I have said, my right hon. Friend the Home Secretary intends to make further announcements in due course. However, it is right to reflect on the fact that this is a complicated issue, and it is right that we take time to make sure we get it right—[Interruption.] The hon. Lady may chunter at me from a sedentary position, but it is important that we make the right decisions and do not just give blanket promises that we will allow people to stay and will pay their costs, when it may be the case that they have cheated.

[Wes Streeting (Ilford North) (Lab)]

The problem is that we are no further on. Although I acknowledge the time the Home Secretary and the Immigration Minister have given to meeting Members, no remedy is being offered to people—people into the whites of whose eyes we have to look in our surgeries—who had no reason whatever to cheat, given their written communication and English language speaking skills. I cannot go back to constituents such as Maruf Ahmed and tell them that we face the prospect possibly of a new Home Secretary and a new Immigration Minister looking at this afresh, and certainly of no action at all until the summer has passed. These people’s lives are being left in limbo.

Acknowledging what the Minister has said about there clearly having been some cheating, and acknowledging what other Members have said about some people clearly having been inadvertently and wrongly caught up in this, surely the best thing to do now, given the passage of time and the numbers of people involved, is just to let those people sit a secure English language test afresh to give them the opportunity to clear their names, and, if they cannot, to politely ask them to return to where they came from.

[Caroline Nokes]

The hon. Gentleman will be aware that this evidence of cheating came to light in 2014, and evidence of people’s ability to speak English now may have no relation to their ability to speak English back then, given that we are five years on. However, I absolutely refute his accusation that we are no further forward. The written ministerial statement yesterday made it absolutely clear that the Home Secretary has asked officials to review Home Office guidance. The reviewing of that guidance relates to article 8 human rights claims to ensure that we make sensible decisions that are properly balanced in terms of any belief that deception was practised and of the individual’s wider circumstances. Where there are particularly compelling circumstances, we will also look at whether there is more we can do to help people put forward their claim. Given that this cheating was exposed in 2014, it is absolutely evident that people’s circumstances will have changed; they may well have established families in this country, and those children will have a right to an education here. We must put the priority of the families first. It is right that we should seek a mechanism to support people through an article 8 claim so that they can stay, when there are grounds for them to do so.

[Alison Thewliss (Glasgow Central) (SNP)]

I pay tribute to the right hon. Member for East Ham (Stephen Timms) for his work on the APPG on TOEIC, which has exposed so much of what has happened. Many people, including some of my constituents, have been left in limbo. They have faced huge financial costs, and I ask the Minister whether it is possible to look at a compensation scheme for those affected and wrongly accused, because their lives have been ruined. Will she also work with higher and further education institutions to ensure that those who were falsely accused can get back to their studies and get their lives back on track?

[Caroline Nokes]

It is worth reflecting on the fact that many of those caught up in this attended a very small selection of colleges, which have subsequently been shut down. There were very close links between colleges being found to be operating outside their licences and these accusations of cheating. However, I must reflect on the fact that there were over 30,000 cases where there was absolute evidence that people had cheated. There were also 22,000 cases where there were questionable results. All those people were given the opportunity to resit a test. However, it is important to reflect on what my right hon. Friend the Home Secretary said in his statement yesterday: we are looking at the other issues and particularly at whether we can give people who maintain their innocence another opportunity to challenge the finding of deception. However, the independent expert found that the likelihood of false matches was very small indeed and likely to be less than 1%.

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

I welcome the Minister’s reference to understandable concerns, and I get the sense that she will want to see this issue concluded as quickly as possible. I have been contacted by at least six constituents who are unable to work and support their families as a result of the alleged cheating in TOEIC. They have lost their visas and been threatened with deportation, and their children’s education has been put at risk. They have not had the chance to prove their innocence. Their lives are on hold, and their families are under great strain. They are living in limbo. How reassured should my constituents feel by the Minister’s statement that they will be able very soon to get the chance to clear their name and, indeed, to get justice for what they have been through?

[Caroline Nokes]

As I have said, those with questionable tests were given the chance to resit the test at the time. We are clearly stating that the route via an article 8 claim to a family life is one that we wish to enable people to pursue, and they should make another claim. Obviously, I cannot stand here and comment on individual cases, but we are giving people the opportunity to make an article 8 claim, and I hope that that provides a mechanism going forward.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I am afraid that I disagree with the Minister, and agree with my hon. Friend the Member for Bradford West (Naz Shah) that this is part of the hostile environment: 35,000 people did not cheat. We do not know how many did, but a large number of people did not, and these are the people who are coming to our constituency surgeries to seek justice. I have met some who have the higher-level IELTS—international English language testing system—qualification, which shows that they have a higher level of English literacy and speech than is needed for the TOEIC qualification, so there is no way they were cheats.

I received an email a couple of years ago from a constituent who had almost completed three years of his degree at London South Bank University, and was not allowed to complete it because of the TOEIC situation. When he applied to complete it, the university would not let him because too much time had elapsed. This situation applies to many. They have paid a fortune in fees and livings costs to be here. What recompense will the Government give those who can definitely be proven not to have cheated? They should be given an opportunity for a further test. Will the Minister, whoever that person is, meet the high commissioners from the countries in which the most people are affected, to try to sort out something positive from this mess, for the sake of the people affected and their families, and for the reputation of this country?

[Caroline Nokes]

I remind the hon. Lady of the numbers: 33,663 UK tests were invalid and a further 22,476 were questionable, so we are talking about 55,000 tests. The independent expert who carried out the review found that the likelihood of false matches was less than 1%. As my right hon. Friend the Home Secretary said, where individuals have wrongly been accused of cheating, it is important that they be allowed to find a means of redress, but it is absolutely not the case that this is part of a hostile environment. These numbers are part of systematic criminal fraud.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

I am grateful to the right hon. Member for East Ham (Stephen Timms) for securing this urgent question following the work that we on the APPG on TOEIC have done. I know how frustrating the process is for the innocent victims inadvertently caught up in this. Professor French’s statement that false matches were less than 1% has been quoted, but he told the APPG just last month that that statement was valid only

“if the results that ETS had given the Home Office were correct”,

and that information is seriously in question. We need to look at that again. People need to be brought out of limbo. They have waited for the Home Secretary’s statement to the House, which did not come; we have had 306 words tucked away in a written statement. We need to know when that limbo will end for them.

[Caroline Nokes]

The hon. Gentleman will know that my right hon. Friend the Home Secretary did not “tuck away” 306 words in a written ministerial statement; it was published yesterday. My right hon. Friend said that he would update the House before recess, and he has. He has also been very clear that we want to go further. That is absolutely a priority for me and my right hon. Friend, or indeed whoever our successors may be. We will take this up as a matter of urgency with the new Prime Minister.

Nationality

Caroline Nokes Excerpts

Tuesday 23rd July 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the draft British Nationality Act 1981 (Remedial) Order 2019, which was laid before this House on 2 May, be approved.

In this day and age, I think we can all agree that the law should not discriminate against people simply because their parents were not married when they were born, and that we should not discriminate against people just because it was their mother who was British, not their father. The draft British Nationality Act 1981 (Remedial) Order 2019 is designed to remove discriminatory provisions in the British Nationality Act 1981 for those applying for British citizenship under specific routes introduced to address historical discrimination against those whose parents were not married, or against those whose mother was British, as opposed to their father. The draft order was first laid in Parliament in March 2018.

Once the law has been changed, those who seek to register as British citizens and who were born to an unmarried British father before July 2006, or to a British mother before 1983, will no longer need to demonstrate that they are of good character where it would be discriminatory to require them to do so. In two separate cases, the courts declared the good character requirement to be unlawful and made a declaration of incompatibility with the European convention on human rights. This legislation will correct incompatibilities identified by the domestic courts by removing the good character requirement for those applying for British citizenship via certain routes on the basis of historical discrimination. I am grateful to the Joint Committee on Human Rights for its scrutiny of the order and its careful consideration of this hugely complex and sensitive issue.

The remedial order process to correct incompatibilities in primary legislation with the European convention on human rights is rarely used. It is therefore right that each order is scrutinised carefully to ensure compliance with the procedure laid down in the Human Rights Act 1998, and to ensure that the incompatibilities found by the courts are addressed.

The Government welcome the Committee’s recommendation that Parliament approve the order. It remains our position that some of the issues raised by the Committee go beyond the incompatibility rulings and are therefore outwith the scope of the order. I commend this order to the House.

--- Later in debate ---

[Caroline Nokes]

I am grateful for the considered debate today and the interest that Opposition Members have shown in this remedial order.

As I said earlier, the scope of the remedial order is to make changes to nationality legislation and it is therefore narrow. It is limited to addressing the specific incompatibilities that have been identified by the courts. The Government will monitor any remaining potentially unlawful discriminatory aspects of nationality legislation, a point picked up on by the hon. Member for Manchester, Gorton (Afzal Khan), and will consult as appropriate if it becomes apparent that further changes are necessary.

The Government are committed to ensuring that those individuals affected by the order do not face further discrimination. In its first report on the remedial order, the Joint Committee on Human Rights recommended that those who had citizenship applications previously refused, because of the discriminatory provisions in the British Nationality Act 1981, which this order seeks to remedy, should not have to pay the application fee for a repeat application. I am pleased to say that I have written to the right hon. and learned Member for Camberwell and Peckham (Ms Harman), the Chair of the Committee, confirming that I plan to amend the fees regulation at the next opportunity to waive the application fee for this particular cohort.

Turning to the points raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), he commented on children having to meet the good character test. This is a requirement for British citizenship as set out in the 1981 Act. It applies to those seeking to register as British who are aged 10 years and over at the time of application. That is because 10 is the age of criminal responsibility in England and Wales. Children as young as 10 can and do commit very serious acts of criminality, sad though that is and undoubtedly tragic for their victims. It cannot be right that such offences are disregarded when assessing a child’s suitability for citizenship.

[Stuart C. McDonald]

I do not agree with the Minister on that point of principle, but even putting that to one side 50% of kids over 10 who are denied citizenship on those grounds have had that done on the basis of nothing more than a police caution, as I understand it. Surely it cannot be right to deny someone the right to citizenship on such a flimsy basis.

[Caroline Nokes]

I was just moving on to that particular point. The Government do not believe that the good character requirement for children is at odds with it the statutory obligation in section 55 of the Borders, Citizenship and Immigration Act 2009, but I want to make it very clear that having a criminal conviction does not necessarily mean an application for citizenship is automatically refused, particularly in the case of minor offences attracting an out-of-court disposal, for example, as the hon. Gentleman mentioned, a youth caution. Each case is considered on its individual merits and guidance for caseworkers makes it clear where discretion can be exercised.

On British overseas territories, we are very proud of our heritage in Britain and this pride extends to many people around the world who identify as British. The JCHR expressed concerns that the discriminatory provisions that this remedial order seeks to remedy will still apply to British overseas territories citizens. Regrettably, this is true. When changes to nationality legislation were made, they were introduced at a very late stage in the parliamentary process and there was no time to consult fully with the territories about introducing similar provisions for British overseas territories citizens’ status. It would not have been right to introduce legislation that would affect the territories, and potentially the status of those living there, without consultation. We recognise the difficulties that the British Nationality Act still presents for some British overseas territories citizens, who may wish to pass on their citizenship to their children and are considering how best to address those concerns, taking into account the opportunities for doing so. I commend the order to the House.

Question put and agreed to.

Immigration Detention: Victims of Modern Slavery

Caroline Nokes Excerpts

Wednesday 17th July 2019 Commons Chamber

[Ms Diane Abbott (Hackney North and Stoke Newington) (Lab) (Urgent Question)]

To ask the Secretary of State for the Home Department if he will make a statement on immigration detention and victims of modern slavery.

[The Minister for Immigration (Caroline Nokes)]

Modern slavery is an abhorrent crime, and the Government are determined to stamp it out. In my role as Immigration Minister, I am especially aware of the shocking exploitation of vulnerable individuals from overseas who are duped by the promise of a better life in the UK, only to be trafficked and sold into modern slavery. Identifying and protecting victims of such crimes is a priority. In October 2017, we announced an ambitious package of reforms to the national referral mechanism. As well as improving the support on offer, these reforms are intended to provide quicker and more certain decision making, in which victims can have confidence.

I must make it clear, however, that being recognised as a victim of modern slavery does not automatically result in being granted immigration status in the UK. There may be victims of modern slavery who have no lawful basis to remain and for whom support is available to leave the UK voluntarily. It is important that we recognise the important role of our immigration policies. Although we are committed to supporting individuals to leave voluntarily, including with reintegration support, there may be occasions when they have exhausted all options and are refusing to leave, and we are faced with the difficult decision of detaining people to secure their return.

I want to reassure the House that we do not take these decisions lightly, but it may be necessary to detain individuals, even if they are vulnerable, to effect their removal. When that is the case, we seek to keep the period of detention as short as possible and place their welfare and safeguarding at the heart of what we do. The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention, including by reducing the number of people we detain, increasing the number of voluntary returns and working with partners on alternatives to detention. We have made real progress in delivering these commitments. A number of women who would otherwise have been detained are now being managed in the community. Other pilots will begin later this year.

As we approach the first anniversary of Stephen Shaw’s second independent review of immigration detention, it is important to take stock of how far we have come, while acknowledging that there is much more to do to ensure that our approach to immigration detention is fair and humane.

[Ms Abbott]

Thank you, Mr Speaker, for granting this urgent question. On 19 June this year, the Immigration Minister provided a written answer on the possible immigration detention of persons who are in fact victims of slavery. The written answer read as follows:

“there is no central record”

of such persons, and

“The Home Office therefore does not collate or publish the data requested”.

However, we now learn from a freedom of information request by The Independent that that is not the case: 500 victims of enslavement or trafficking were held in immigration detention. I have myself visited Yarl’s Wood detention centre and met such persons.

In response to an earlier written question on 20 December last year, the Immigration Minister said:

“in cases in which it has been found that there are reasonable grounds to believe that an individual may be a victim of trafficking or modern slavery, the appropriateness of their being detained, or of their detention continuing, is governed by the Home Office’s modern slavery policy. This means that such individuals will not be detained”.

How many people who are victims of trafficking or modern slavery have been held in previous years? How many such people are currently held? Are the Government not in breach of their own stated policy on detention? How many of the 400 detainees were assessed as being a threat to public order and on what grounds? Does the Minister accept that when she responded to the written question saying that no data was available, she was in fact misleading the House?

[Caroline Nokes]

I reassure the right hon. Lady that I certainly was not misleading the House: there is no central record of those who have received a positive, conclusive grounds decision and are detained under immigration powers. While that information may be obtainable from the live Home Office case information database, otherwise referred to as CID, the information would be for internal management only. For example, some data may be incomplete and freedom of information requests are heavily caveated as such.

Releases of data from CID are always caveated and sometimes it is possible the data is not always accurate; there may be instances where individuals are counted twice. It is standard practice in parliamentary questions that we do not provide information that does not form part of published statistics. CID will show only those individuals who have been referred into the NRM from immigration teams and would not cover those referred to the NRM from other first responders, such as the police, social services or, potentially, medical practitioners.

The right hon. Lady asks specifically about the 507 individuals referred to in the After Exploitation report. I want to be very clear on this point: those were not 507 individuals detained after getting a positive reasonable grounds. As stated very clearly in the freedom of information response, the figure relates to people who had a positive reasonable grounds when entering detention or while in detention.

Further analysis of the figures shows that, of the 507 people in question, 479 received the positive reasonable grounds decision during a detention period—and of those, 328, or 68%, were released within two days of the decision and in total 422 were released within a week. Of the 57 detained for eight days or more following a positive reasonable grounds decision, 81% were foreign national offenders.

[Sir Desmond Swayne (New Forest West) (Con)]

What is particularly terrible about immigration detention is its indeterminate nature and the fact that detainees have so little information about their own cases and, indeed, about their rights. Habeas corpus is still one of our fundamental principles, isn’t it?

--- Later in debate ---

[Caroline Nokes]

Individuals in immigration detention are entitled to a free legal advice surgery of 30 minutes within the first 24 hours of their detention and to have as many of those surgeries thereafter. As part of the Shaw re-review of last year, we piloted automatic bail referrals after two months instead of four months, as previously.

I must correct my right hon. Friend: it is not lawful to detain individuals indefinitely. They may be detained only when there are realistic grounds for removal within a reasonable timescale.

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

Immigration detention is a hellish thing to inflict on anybody; that is especially true of victims of modern slavery and trafficking. Will the Government accept that the supposed safeguards, particularly the gatekeeping process, are just not working? Signs of trafficking and enslavement are not being picked up, as those 507 cases show. Even when they are, immigration enforcement factors are given greater priority.

What will be done to improve the malfunctioning gatekeeping process and when will an overhaul of the rule 35 process be completed? More fundamentally, for as long as we continue to detain people indefinitely in these awful institutions, should not decisions on whether to detain any individual and on who should be released be made entirely independently of the Home Office? At the very least, we need much stronger and faster independent judicial oversight.

[Caroline Nokes]

The Government are committed to ensuring that the rule 35 process operates effectively. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules within which the operation of rule 35 is a key element; of course it is closely linked into the operation of the “adults at risk” policy. We continue to keep the detention gatekeeper function under close review, but I certainly think that it has shown an improvement on the situation before its introduction.

[Vicky Ford (Chelmsford) (Con)]

Many victims of modern-day slavery are young and many are women. What support is given to such victims if they are identified as victims of modern-day slavery in a detention centre?

[Caroline Nokes]

As my hon. Friend will know, it is through the national referral mechanism that potential victims of modern slavery will be referred, and then support will be available to them. She is absolutely right to point out that many victims of modern slavery are young and many are women. I am sure that she will be pleased with our introduction of the pilot scheme currently operating in Newcastle; we have released women, who would otherwise be detained at Yarl’s Wood, to be supported in the community. I am very much looking forward to the possibility of introducing further pilots later this year. They will include not just women but men.

[Frank Field (Birkenhead) (Ind)]

Is there not something shocking about the Minister’s reply today? You may remember, Mr Speaker, that you allowed me a point of order on the factual inaccuracies that the Minister gave in a parliamentary answer when she said that she had no idea of the number of people who had escaped slavery and were now in detention centres. If it were not for After Exploitation, as my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott) said, we would have no idea what those numbers were. Since those parliamentary interventions, it is quite clear that the Minister has now been briefed on what is happening. Given that, in her answer to my right hon. Friend, she said that large numbers of people were now not in detention centres, may I ask her where they are, because when these people, largely women, are released like this, without any help, they are often scooped up by the slave owners.

[Caroline Nokes]

The right hon. Gentleman will know that, at any one time, 95% of those liable to detention are actually in the community and not in immigration removal centres at all. It is important to emphasise that a freedom of information request will elicit different data to that which is available in parliamentary questions. I reiterate the point that no central record is held and that the information from the FOI has been collated from a variety of sources and may well give an inaccurate picture. If there is one thing that one learns as a Home Office Minister it is to be very wary of numbers at all times and not to seek to give numbers that may be inaccurate.

[Henry Smith (Crawley) (Con)]

In my constituency, there are two immigration detention centres: Tinsley House and Brook House. May I seek assurances from the Minister that the staff who operate those centres receive correct and adequate training to ensure that they are identifying and detecting those who may have been victims of modern slavery?

[Caroline Nokes]

It is still very much the case that it is the Home Office and Home Office staff in the widest sense who identify the greatest number of victims of modern slavery. Training is provided, and it is important that training is not only provided, but refreshed and is an ongoing process. My right hon. Friend the Prime Minister has made her commitment clear on this issue, and it has been a driving force in the Home Office to support her in the mission to stamp out this terrible crime, to identify the victims and to ensure that they are given the help that they need as victims.

[Wera Hobhouse (Bath) (LD)]

The Government’s refusal to put a firewall between the police and labour inspection agencies and the Home Office for immigration purposes means that victims of modern slavery will continue to be at risk of detention and deportation. That is wrong, and it will deter victims from coming forward, which means that slavers and traffickers will get away with what they are doing. Will the Minister finally accept that data sharing for immigration enforcement must stop?

[Caroline Nokes]

The hon. Lady is simply wrong to suggest that data sharing is always bad. In fact, in many instances, data sharing between the Home Office and the police can identify people who need to be safeguarded, and it is crucial that we have systems that will enable people to be correctly identified and then referred through the appropriate mechanisms. As I said in response to an earlier question, it is still the Home Office that identifies the highest number of victims of modern slavery.

[Thangam Debbonaire (Bristol West) (Lab)]

Further to the question asked by my right hon. Friend the Member for Birkenhead (Frank Field), is it not the case that keeping numbers centrally might be a good idea? I understand that the Minister said that that number is not kept centrally, but part of my right hon. Friend’s point was that, perhaps, it should be.

[Thangam Debbonaire]

May I ask the Minister if she will reconsider the possibility of keeping such numbers centrally, including breaking them down, for instance, by how many victims of torture are kept in detention. I know that she will say that the number is low, but the rule on adults at risk surely suggests that that number should be kept as low as possible, and we cannot know if it is unless we know what those numbers are.

[Caroline Nokes]

The Home Office is making good progress in replacing antiquated case-working systems and data platforms, much of which will be complete by March next year, but it is a complex change process and although it will provide us with modern tools to protect and utilise data effectively, it is not an instant fix and will require further investment in the coming years. The changes will also mean that we will be able to act more swiftly to update systems to provide better organisation and granularity of data once they are deployed, but it does not negate the risk that data can be easily misinterpreted and each individual’s journey through the system is different, and aggregated information does not always represent the work undertaken. None the less, we will continue to focus on individual needs.

[Alison Thewliss (Glasgow Central) (SNP)]

My constituent Joel White, from Pollokshields, emailed me 20 minutes ago to say that he is a regular visitor to Dungavel immigration removal centre. He asked me to raise the case of a man that he spoke to recently who said:

“The Home Office don’t tell me nothing—they don’t tell me what’s going on. When I sit down here, I don’t know what is going on. Time is just rolling down the road. You just lose your mind. I just need any help.”

This man has been in Dungavel for six months. He does not know whether he is being removed or whether he is likely to be released at any time. Will the Minister take on such cases and end the scandal of indefinite detention?

[Caroline Nokes]

I reiterate the point that detention can only be maintained where there is a realistic chance of removal within a reasonable timescale. The hon. Lady will have heard me comment earlier about auto-bail applications at two months. An individual in detention can apply for bail at any time. I urge her constituent to provide that advice to the individual concerned.

[Kate Green (Stretford and Urmston) (Lab)]

Every Child Protected Against Trafficking has worked with child victims of trafficking who have been detained in immigration detention having been incorrectly considered to be adults. Despite displaying indicators of having been trafficked, these children can struggle to prove their age. They may not have identity documents or they may have been given false identity documents by their traffickers. What efforts is the Home Office making to ensure that no child who is a victim of trafficking is being held in immigration detention?

[Caroline Nokes]

The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined that in law under the Immigration Act 2014. It is worth noting that, in the last year of the previous Labour Government, 1,100 children were held in detention. However, in some cases, individuals without documentary evidence of their age who are detained as adults subsequently claim to be children. When that occurs, our revised interim policy states that they will be afforded the benefit of the doubt and released into the care of social services until a further assessment of their age has been made, unless their physical appearance and demeanour very strongly suggest that they are over 25 years of age. Home Office policy means that such cases may be counted as under-18s for the purposes of data collection, but the hon. Lady is right that we should not be detaining children, and we have put in place steps that will prevent that from happening. Where there is an age-dispute case, the benefit of the doubt will always be afforded to the individual.

[Joan Ryan (Enfield North) (IGC)]

I have repeatedly raised issues regarding victims of torture in immigration detention and asked questions on the number of Sri Lankan nationals granted refugee status after having previously been removed to Sri Lanka. Last November, the Minister said that there was no specific information available. It was only by pressing the Minister during a meeting in May that I was finally provided with the data requested—seven months after I asked the initial question. Why do we have to go to such lengths to pry information from the Home Office? Why do the Government withhold important data from public scrutiny? Where is the accountability and transparency in this situation?

[Caroline Nokes]

The right hon. Lady will have heard my previous answers about the importance of relying on published statistics that can be properly verified. Relying on information that turns out to have come from aggregated sources, which then transpire to be inaccurate, is a very dangerous route to go down.

[Vernon Coaker (Gedling) (Lab)]

I think that the Minister has rather missed the point of what we are all saying. There is genuine shock across the House at the fact that it is Government policy to lock up victims of modern-day slavery as immigration offenders. What everybody is saying in different ways to the Minister is that that is unacceptable, and when is it going to stop?

[Caroline Nokes]

The hon. Gentleman might have missed the comment that I made at the start of this urgent question. Just because somebody is a victim of modern slavery or trafficking does not mean that they have immigration status in this country. It is important that we reflect on the fact that our first port of call is to offer a voluntary return, so that somebody may go back to their country of origin and receive support there. There are reintegration packages. We must not assume that we are best placed to assist those people who have been trafficked.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

A system which detains people to whom the state has a duty of protection, which regularly separates parents from their children, which results in people being denied access to food and medicine and living in appalling conditions, and which incarcerates people indefinitely who present no risk to public safety in the UK, is a system of which we should all be ashamed. Does the Minister accept that the current immigration detention system is a pillar of the hostile environment, and that the time has come for radical reform?

[Caroline Nokes]

I remind the hon. Lady that the detention estate is significantly smaller than it was when the last Labour Government left office. She is wrong to suggest that people in immigration removal centres are denied access to food and medicine. They have 24/7 access to healthcare and it is absolutely right that they must do so. We take the vulnerability of detainees incredibly seriously, which is why we commissioned Stephen Shaw to do his re-review last year and are implementing his recommendations. It is absolutely right that we have chosen to shrink the detention estate and that we are seeking to pilot schemes where individuals can be better supported in the community. We will continue down that road.

Points of Order

Caroline Nokes Excerpts

Wednesday 17th July 2019 Commons Chamber

[Madam Deputy Speaker]

Order. I appreciate the right hon. Lady’s point, but she will know that it is not a point of order for the Chair; it is a point of debate. The right hon. Lady has asked a question and the Minister has given an answer. It is not for the Chair to adjudicate as to whether any answer is acceptable or pleasing to the Member who asked the question. It is the Minister’s answer and I will give her the opportunity to expand on it if she wishes to do so.

[Caroline Nokes]

indicated dissent.

[Madam Deputy Speaker]

The Minister does not wish to expand on it; she has given her answer. The right hon. Member for Enfield North (Joan Ryan) is not satisfied, but c’est la vie—that’s life.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 15th July 2019 Commons Chamber

[Ronnie Cowan (Inverclyde) (SNP)]

3. What assessment his Department has made of the effectiveness of the EU settlement scheme application process.

[The Minister for Immigration (Caroline Nokes)]

EU citizens are our friends, our neighbours and our colleagues, and we want them to stay. The settlement scheme is performing well. The latest published statistics show that more than 800,000 applications have been received and the majority of people are finding it easy to apply. Additional support is available to those who are vulnerable, or who do not have the appropriate access, skills or confidence to apply online.

[Ronnie Cowan]

Instead of implementing a scheme that makes EU citizens—many of whom have lived here for a great many years—unlawfully resident if they fail to apply by December 2020, will the Minister introduce a declaratory system whereby people apply for proof of settled status rather than the right to stay?

[Caroline Nokes]

A declaratory system that did not require EU citizens to obtain status and provide evidence of it would risk causing confusion, especially among the most vulnerable, and people might struggle to prove their status in years to come. There would also be a risk of confusion among employers and service providers, and the system might impede EU citizens’ access to benefits and services to which they are entitled.

[Steve Double (St Austell and Newquay) (Con)]

The vast majority of people I hear from say that the settled status scheme is working very well and is easy to use. Many receive responses within a few hours of submitting their applications. However, it is a bit frustrating that the service is still not available on Apple devices such as phones; can the Minister update us on when it might be?

[Caroline Nokes]

It is not just anecdotal information that tells us that people are finding it easy and quick to apply; we know that most applications are settled within one to four working days. My right hon. Friend the Home Secretary has been tireless in pursuing the issue raised by my hon. Friend, and we are very hopeful that the app will be available on Apple devices in the autumn.

[Joan Ryan (Enfield North) (Change UK)]

There is a significant eastern European community in Enfield and other parts of London. Sections of the Bulgarian, Romanian, Polish and Roma communities can be hard to reach, and some have limited English language skills. Community representatives are concerned about individuals who have worked in the grey economy as cleaners or handymen, or for unscrupulous employers, being able to supply the right paperwork. What further steps is the Department putting in place to support these communities and to ensure that everyone can access, and apply to, the scheme?

[Caroline Nokes]

The right hon. Lady will be aware that the Home Office has provided up to £9 million of grant funding to 57 voluntary and community-based organisations specifically to help the vulnerable people to whom she refers. I was pleased to visit the East European Resource Centre and to have the opportunity to speak to a group of long-standing UK residents about the support available. She references the grey economy; we do not wish to see anybody working in the grey economy, but we recognise that there will be those who do. The Home Office is absolutely prepared to accept a wide range of evidence of people’s stay in the UK, including tenancy agreements or letters from health providers with whom they have been in contact. This is absolutely about working with individuals. The EU Settlement Resolution Centre is up and running, and is incredibly well staffed. I was pleased to visit it, to see the help that it can give to individuals.

[David Duguid (Banff and Buchan) (Con)]

There is a seeming desire among some Opposition Members for the EU settlement scheme to be a complete failure, but will my right hon. Friend again confirm that this is a successful scheme and that take-up has been positive? If Opposition Members continue to tell their EU citizen constituents that they will not be able to apply, they are not being helpful.

[Caroline Nokes]

My hon. Friend is absolutely right. The scheme has been a success, and it is shocking when hon. Members talk the scheme down. It is working well. We are determined to put in place support for those who are vulnerable, as I said. Later this week, we will see the latest statistics surrounding the scheme, which will show a considerable uplift from the figure of 800,000 reported from the end of May.

[Helen Hayes (Dulwich and West Norwood) (Lab)]

23. When he plans to announce details of the integrated programme to resettle an additional 5,000 refugees from 2020-21.

[The Minister for Immigration (Caroline Nokes)]

We continue to engage with international and domestic delivery partners and stakeholders, as we work through the detailed policy and operational considerations for the new global resettlement scheme. In the meantime, we continue towards our commitment of resettling 20,000 of the most vulnerable refugees affected by the conflict in Syria.

[Thangam Debbonaire]

The Minister knows that I would like the ambition to be as high as possible. What plans has she got to consult refugees and refugee organisations about the lessons that can be learned from current resettlement schemes?

[Caroline Nokes]

The hon. Lady will know—this is an ambition that I have often voiced to her—that we have sought to bring together the vulnerable persons resettlement scheme, the vulnerable children’s resettlement scheme and the gateway protection scheme, to consolidate our refugee programmes. We continue to work closely with the United Nations High Commissioner for Refugees, and indeed with those delivering the schemes, local authorities included. As part of the ambition—this is why we have given a figure in the region of 5,000—it is important that we learn from VPRS, work through local authorities to establish the number of people they can best assist through the schemes and make sure that we do not downgrade the good commitments we have previously given on resettlement.

[Helen Hayes]

Young adult asylum seekers often face unique and complex challenges to their mental health and wellbeing, with many having survived unimaginable experiences in their country of origin and during their long and treacherous journey to reach this country. In setting out details of the integrated programme to resettle an additional 5,000 refugees from 2020 to 2021, will the Minister commit to there being a youth welfare officer in every asylum accommodation and dispersed accommodation location, so that vulnerable, traumatised 18 to 25-year-olds receive the support that they need to recover from their experiences and can live as well as possible in the UK?

[Caroline Nokes]

The hon. Lady is absolutely right to point out the distinction between the formal resettlement schemes referred to in the question and those young people who have made, in many instances, terrible and perilous journeys of many thousands of miles and who have travelled across the whole of Europe to get to these shores. It really is important that we work to support young asylum seekers; I am conscious that the largest numbers will be found in a small number of local authorities, particularly Croydon, Kent and Hillingdon, which work incredibly hard to support not only unaccompanied minors but those leaving the care system and those for whom we have a responsibility up to the age of 24 under the Children and Families Act 2014. It is crucial that we get this right; that is why I was so pleased to see the uplift in funding to local authorities for unaccompanied asylum seeking children.

[Joanna Cherry (Edinburgh South West) (SNP)]

Scotland has played a leading role in the current vulnerable persons resettlement scheme, resettling nearly 3,000 people across all Scotland’s local authorities. Recent opinion polls show strong support in Scotland for maintaining that commitment and, indeed, for improving on it. Will the Minister join me in welcoming Scotland’s success story, and will she commit, through the comprehensive spending review, to funding integration support for refugees under the new scheme at the same levels that are currently provided under the VPRS?

[Caroline Nokes]

The hon. and learned Lady is absolutely right to point out the significant role that Scotland has played. In Jordan last summer, I was pleased to meet a family who were being resettled to East Ayrshire within a few days of my visit. It is important that we provide not only support for resettling people but the necessary integration, not least through the provision of English language teaching, which is a crucial component. She will know from previous comments I have made in this House that one of my big passions is ensuring that we assist those with refugee status into work and ensure that good schemes exist across the entire country to help them to do that.

[Mr Speaker]

I can tell that there is a second question coming from the hon. and learned Lady.

[Joanna Cherry]

Thank you, Mr Speaker. As well as Scottish local authorities, Scottish community groups are also planning to sponsor refugee families. I met representatives of Refugee Sponsorship Edinburgh in my constituency recently. This is the first group of people to do this in Scotland. They will be delighted that the UK Government have finally agreed that any refugees supported under the community sponsorship scheme will be additional to those resettled under the UK Government scheme. Will the Minister commit to ensuring that the new scheme will make it easier for named individuals to be resettled and for family members dispersed across the world to join refugees who have already been settled here? I am sure I am not alone in being approached regularly in my constituency surgery by refugees with those concerns.

[Caroline Nokes]

The hon. and learned Lady is absolutely right to highlight the brilliant role played by community sponsorship schemes. They are absolutely the gold standard of resettlement. However, it is important that we continue to work with the UNHCR to ensure that it is the most vulnerable people who are resettled here, whether through community schemes or through the sponsorship of local authorities. It would be very wrong for us to use resettlement schemes to resettle people from safe third countries when many people across the middle east and north Africa region and across the world are in parlous situations and in real danger. They must always be our first priority.

--- Later in debate ---

[Janet Daby (Lewisham East) (Lab)]

14. What steps he is taking to ensure that his Department’s immigration policies do not unfairly discriminate on the basis of (a) race and (b) nationality.

[The Minister for Immigration (Caroline Nokes)]

The Home Office is bound by the public sector equality duty to eliminate unlawful discrimination and promote good race relations. The Equality Act 2010 provides that discrimination is not unlawful if it is required by legislation or authorised by Ministers. For example, a visa regime that applies to a particular nationality constitutes discrimination, but is lawful under the Equality Act.

[Kate Hollern]

An Iranian refugee in my constituency applied for a Home Office travel document and has been refused. He was told that he must get a passport from his own country, which, as he fled that country, is almost impossible. Even to apply for a passport, he would have to agree to sign up for national service. Surely that is discrimination.

[Caroline Nokes]

I thank the hon. Lady for raising that specific issue. Although I cannot comment on individual cases, we do not wish to see anybody disadvantaged because of the individual requirements of travel documents from their country of origin. I would be very happy to work with her to see whether we can find a solution.

[Matthew Pennycook]

The Department’s own statistics make it clear that last year’s average refusal rate for entry visas from Nigeria was 37%, and almost 44% for entry visas from Ghana, compared with an average refusal rate of only 12% across all countries. Can the Minister explain to my west African-born constituents, whose family members, friends and ministers of religion are being refused visitor visas in ever rising numbers, why the system is discriminating in that way?

[Caroline Nokes]

I reassure the hon. Gentleman that the system is not discriminating in that way and that the Home Office is obliged to consider all visa applications in light of the evidence presented by the applicant. He might be reassured to learn that, in the year ending June 2018, we saw a 2% increase in the number of visas issued to sub-Saharan African nationals compared with the same period of the previous year.

[Janet Daby]

The Home Office has offered warm words and reassurances to migrant communities about a movement away from the hostile environment, yet the Government are appealing against the High Court ruling that the right-to-rent scheme, which requires private landlords to check the immigration status of tenants, is discriminatory and breaches human rights law. Does the Minister believe that discrimination is a necessary price to pay for enforcing the hostile environment?

[Caroline Nokes]

The Government disagree with the judgment and are appealing. The evaluation conducted during phase 1 implementation found no evidence of systemic discrimination as a result of the scheme. However, my right hon. Friend the Home Secretary has commissioned further evaluation, which will examine the potential for discrimination in right-to-rent checks.

[Stephen Kerr (Stirling) (Con)]

Churches in Stirling and in other parts of Scotland are struggling with the recent change in immigration rules for visiting ministers of religion. Does my right hon. Friend appreciate the degree of difficulty this is causing faith groups in Scotland? What can be done to alleviate it?

[Caroline Nokes]

I was very pleased last week to meet ministers of religion across a wide range of faiths to discuss this specific issue. I am sure Members will agree that when it comes to ministers of religion, as opposed to religious workers, it is imperative that those who are going to preach and conduct pastoral work within any religion need to have a good standard of English, which is why the Home Office is requiring them to apply for a tier 2 visa, as opposed to a tier 5 visa, which of course does not require the language check.

[Afzal Khan (Manchester, Gorton) (Lab)]

The Windrush crisis did not fall from the sky but was a direct result of the hostile environment, which the High Court has found directly causes discrimination. The Windrush compensation scheme took over a year to set up and has a two-year deadline. Has anybody actually received the money in their bank account yet? How will the Minister ensure that claimants receive speedy compensation? Does she believe that two years is long enough to ensure that nobody who is entitled to compensation loses out?

[Caroline Nokes]

I thank the hon. Gentleman for that question. He will, of course, recall that elements of the compliant environment were introduced under the last Labour Government, including the controls introduced in 1999 on temporary and illegal migrant access to benefits and the Nationality, Immigration and Asylum Act 2002, which introduced controls on local authority social care.

The hon. Gentleman raises an important question about the Windrush compensation scheme, and it is important that we have the scheme up and running and are receiving applications. We have, of course, undertaken to provide regular updates to the Home Affairs Committee, which will provide exactly the information that the hon. Gentleman seeks.

Of course, it is a requirement under legislation that the compensation scheme be for a period of two years, but we are looking closely at that. I reassure the hon. Gentleman that should there be a requirement to extend it, which would undoubtedly need primary legislation, we would be happy to consider that.

[Giles Watling (Clacton) (Con)]

7. What steps he is taking to divert young people away from violent crime.

--- Later in debate ---

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

T5. A blanket three-year temporary leave to remain visa after a no-deal Brexit will not cut it, especially for students wanting to study courses that last longer than that. When will that be fixed so students have certainty that they can complete their courses?

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Gentleman for his question on an issue that has been raised several times in the House. The Home Office is working hard to make sure that we have a solution so that not just students at Scottish universities but those in English universities who might be studying a longer course such as medicine, veterinary science or architecture are not disadvantaged. We are determined to find a solution that works for all students.

[Mary Robinson (Cheadle) (Con)]

T6. Neighbourhood watch schemes and social media apps are widely used in my local community to share local information and to keep the community safe by working together. Will my right hon. Friend agree to meet me to discuss this and the possibility of funding a pilot scheme to enable the police, neighbourhood watch and local people to engage in a wider network to better co-ordinate those digital platforms?

--- Later in debate ---

[Peter Grant (Glenrothes) (SNP)]

Absolutely, Mr Speaker.

Whose interests were served by tearing Lizanne Zietsman away from her family, business and community, and deporting her against the wishes of the entire community of the island of Arran?

[Caroline Nokes]

The hon. Gentleman will understand the distinction between deportation, which happens to foreign national offenders, and removal, which happens to those who are immigration offenders. There is a very clear difference. He will know that I cannot comment on individual cases, but it is worth stating that the Supreme Court has upheld the Government’s minimum income requirement to have dependants and spouses in this country. That is an important principle, which the Government support, because we want people to have an adequate level of income that will enable them to integrate into society.

[George Eustice (Camborne and Redruth) (Con)]

Given that we ran a highly successful seasonal agricultural workers scheme from 1945 to 2013, what do the Government think they can learn from a two-year pilot? Since we have an urgent labour shortage in agriculture, will the Secretary of State commit to convert the current pilot into a fully operational scheme next year?

[Caroline Nokes]

My hon. Friend will be conscious that at the moment free movement still prevails, which is one of the reasons why this is still a pilot. The Government will of course carefully evaluate the outcome of what is scheduled to be a two-year pilot to understand the impact and to look at what we can do going forward.

[Several hon. Members rose—]

Immigration Detention: Trafficking and Modern Slavery

Caroline Nokes Excerpts

Tuesday 9th July 2019 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure, as always, to serve under your chairmanship, Sir Gary, and I congratulate the hon. Member for Birmingham, Yardley (Jess Phillips) on securing this important debate. I pay tribute to her tireless campaign work on the rights of women and victims of domestic violence. Many of us have heard her powerful speeches in the Chamber and Westminster Hall on several occasions, and we heard another such speech this afternoon.

I thank hon. Members for their contributions to this important debate. The hon. Member for Glasgow North East (Mr Sweeney) described becoming a Member of Parliament as a steep learning curve, and I assure him and others that becoming the Minister for Immigration is also a steep learning curve. I was as struck as other Members will have been when visiting immigration removal centres. One of my first visits was to Brook House, which the hon. Member for Manchester, Gorton (Afzal Khan) referred to, and my second was to Yarl’s Wood. Subsequently I have been to Campsfield House, Colnbrook and Harmondsworth, and I am conscious that our immigration removal centre estate provides a necessary service that remains part of our immigration policy. It is, however, important that when detention occurs, it takes place sparingly and in the most humane way possible.

As I said, my role as Minister for Immigration involved a steep learning curve, particularly when learning about the shocking exploitation of vulnerable individuals from overseas, who are duped by the promise of a better life in the UK. The hon. Member for Edmonton (Kate Osamor) mentioned the false promises that some people are sold when offered a different life in the UK, and that is one of the most horrific things. In too many cases those people are not brought to the UK for a better life; they are sold into prostitution or forced labour, and tackling that abhorrent crime has always been a priority for the Government.

The hon. Member for Stoke-on-Trent Central (Gareth Snell) mentioned the report “Supported or Deported”, and as has been stated, Home Office correspondents in that report disclosed that 507 individuals who were believed to have reasonable grounds in their trafficking cases were detained under immigration powers in 2018, either before or after receiving an NRM decision. Although that number is correct, the statement is not, because those 507 individuals were not detained after getting a positive decision on reasonable grounds to remain. As clearly stated in the freedom of information response provided by the Home Office, that figure is for people who had a positive decision on reasonable grounds to remain when entering detention, or while in detention. Further analysis of the figures shows that of those 507 people, 479 received a positive decision on reasonable grounds during a detention period. Of those, 328 were released within two days of that decision, and in total, 422 people were released within a week.

I was asked about the availability of legal assistance in immigration removal centres. All detainees in immigration removal centres are made aware of their right to legal representation and how they can obtain such representation within 24 hours of their arrival at an IRC. The Legal Aid Agency operates free legal advice surgeries across the detention estate in England. Detainees are entitled to receive up to 30 minutes of advice regardless of financial eligibility or the merits of their case. There is no restriction on the number of surgeries a detainee may attend. If a detainee requires substantive advice on a matter that is in the scope of legal aid, full legal advice can be provided.

At all IRCs, detainees who already have legal representation may receive visits from their advisers by appointment. Those visits take place in private, in designated interview rooms within sight, but not the hearing, of custody officers. Of course, detainees are also able to contact representatives by telephone.

The hon. Member for Gedling (Vernon Coaker) made reference to the recent judicial review. The Home Office is always trying to build its understanding of the complex needs of victims of modern slavery and to improve the support available. That case highlights the importance of tailoring support according to the individual needs of victims. In response to it, we will embed a more needs-based approach in our services.

[Vernon Coaker]

This is an important point. Does that mean that the arbitrary 45-day limit does not apply to any individual in those circumstances?

[Caroline Nokes]

It is difficult for me to comment on the application to individuals, but I will certainly come back to the hon. Gentleman with a fuller response to that point.

Several comments were made about the reform of the national referral mechanism and the importance of ensuring that the NRM gets victims of modern slavery the support they need. We have made significant progress in delivering that complex reform programme, including the launch of the single competent authority, which is an expert caseworking unit responsible for all NRM decisions, regardless of an individual’s nationality or immigration status. That unit has replaced the competent authorities previously located in UK Visas and Immigration, Immigration Enforcement and the National Crime Agency. To improve the decision-making process, we have set up an independent, multi-agency assurance panel of experts to review all negative conclusive grounds decisions, adding significantly to the scrutiny such cases receive.

The hon. Member for Glasgow Central (Alison Thewliss) mentioned the detention of children. I wish to reassure her that the UK ended the routine detention of children in immigration removal centres in 2010 and then enshrined that in primary legislation in the Immigration Act 2014. There remain limited circumstances in which children may be detained, but that is usually in a family unit immediately prior to removal. That requires ministerial authority should a family be detained for more than 72 hours, and there is a maximum of one week. I reassure her that this year—in 2019—no children have been detained at Dungavel immigration removal centre. There was one age dispute case, but the individual was found to be an adult.

The hon. Member for Edmonton mentioned women in immigration detention, and we heard from several Members about Yarl’s Wood. On 6 June this year, the independent monitoring board published its Yarl’s Wood annual report for 2018. The IMB made positive comments about the continuing efforts at the centre to retain and recruit female staff and to improve healthcare provision. We have considered all the recommendations in the report and an action plan has been drawn up in response to concerns raised. We take our responsibilities towards detainees’ health and welfare very seriously. The provision of 24-hour, seven-day-a-week healthcare in all immigration removal centres, including Yarl’s Wood, ensures that individuals have ready access to medical professionals and levels of primary care in line with individuals in the community.

The hon. Lady also raised the specific issue of victims of trafficking from Nigeria. Last summer, or perhaps last autumn, I travelled to Nigeria and listened to harrowing accounts of people who had been trafficked. I also heard about some of the measures that the Nigerian Government were taking to address what is a very serious problem in that country. I am very conscious that there are significant numbers of Nigerians among victims of human trafficking found in detention in Libya or attempting to cross the Mediterranean. A disproportionate number of Nigerian victims of international trafficking come from Edo state in the south-west, where long-standing trafficking networks operate.

Modern slavery programming in Nigeria is a cross-Government effort, with each Department—the Home Office, the Department for International Development and the National Crime Agency—working co-operatively and focusing on areas of comparative advantage. The Home Office’s own modern slavery fund programme provides support and reintegration assistance to victims of trafficking and supports the judiciary to process trafficking. In addition, DFID funding has been directed to the International Organisation for Migration to rehabilitate victims returned from Libyan detention camps. That is a separate cohort of victims from those supported by Home Office funding. There is a real need for us to continue to work with DFID to help develop livelihood options for communities at risk of trafficking in Edo state and to help local government and civil society respond to trafficking there.

The hon. Member for Manchester, Gorton raised some issues with rule 35 of the detention centre rules. We are committed to ensuring that the rule 35 process operates effectively as a reporting system for removal centre doctors’ concerns about the welfare of detainees. In March this year, we launched our targeted consultation on the overhaul of the detention centre rules. The operation of rule 35 is a key element of that and is closely linked to the operation of the adults at risk policy. Input from non-governmental organisations, the independent detention oversight bodies and medical experts will ensure that the replacement for rule 35 better supports the identification, reporting and caseworker consideration of people with vulnerabilities. In the year 1 April 2018 to 31 March this year, 2,146 individuals were the subject of a rule 35 report made by a medical practitioner.

Various hon. Members mentioned the adults at risk policy. In September 2016, we implemented the adults at risk in immigration detention policy, a key part of our response to Stephen Shaw’s original review of the welfare of vulnerable people in immigration detention. The policy does not, as some have interpreted it as doing, mean an automatic exemption from immigration detention for any particular group of people. Under the policy, vulnerable people are detained, or their detention continued, only when the immigration considerations in their particular case outweigh evidence of vulnerability. Cases are reviewed regularly and also when new evidence comes to light.

I appreciate that there has been criticism of the adults at risk policy. However, as Mr Shaw said in his follow-up review last year,

“it would be folly to give up on the Adults at Risk policy. It is best thought of as an exercise in cultural change, and like all such programmes it will take time to reach full fruition. The focus on vulnerability that”

the policy

“has engendered is a genuine one”.

I believe that the policy will prove its full worth as it develops further and once it and the systems around it are in full alignment. Stephen Shaw made a number of recommendations for improvements in these areas and we are working hard, in conjunction with experts and in discussion with external organisations, to make the system as effective, protective and workable as possible.

It is worth remembering that the adults at risk policy replaced a policy that determined whether vulnerable people should be detained by reference to the concept of “very exceptional circumstances”. The difficulty with that approach was that nobody—caseworkers, legal representatives or detainees themselves—could interpret that in a consistent way. The adults at risk policy represents a much more coherent way of assessing the appropriateness of detention of vulnerable people and is a rational and proportionate approach.

Several hon. Members challenged me with the question, “What has changed?” That is a really important part of the comments I want to make and something I really wish to emphasise. We are committed to reducing the number of people in detention, to improving the welfare of those who are detained and to providing appropriate support to the most vulnerable in detention. Detention is used sparingly for securing the removal of individuals who do not have leave to remain in the UK, and people are detained for as short a time as possible.

We are detaining fewer people. At the end of December 2018, there were 30% fewer individuals in detention than a year earlier, and it is likely that that figure will be lower still this year. Over time, changes in legislation, policy and operational procedures will reduce the number of those detained and the duration of detention before removal, in turn improving the welfare of those detained.

[Stuart C. McDonald]

The Minister referred to work done in response to Stephen Shaw’s follow-up review. Will she confirm whether the Home Office is looking again at the gatekeeper process? Those 400 individuals who had referrals made after they were put into detention will all have been through that process, yet they did so without anyone picking up signs that they were a victim of slavery or trafficking.

[Caroline Nokes]

The gatekeeper function remains under close scrutiny. I and the many individual monitors who look at our detention system have scrutinised and continue to scrutinise the process of detention gatekeeping. The hon. Gentleman is right to point out that if people have been through the detention gatekeeper function and still vulnerabilities have not been picked up, it is right that we continue to reinforce those processes.

When it comes to numbers, before 2015 there were about 4,200 detention beds in the estate. Since then, we have rationalised and modernised the estate. We have closed Campsfield immigration removal centre and reduced occupancy levels in the other IRCs, in turn improving staff-to-detainee ratios. There are almost 40% fewer beds—about 2,600 fewer—than there were four years ago, and they are of significantly higher quality.

[Alison Thewliss]

The Minister is talking about numbers in the immigration removal centre estate. Will she tell me what has happened to the numbers of people held in the prison estate over that period?

[Caroline Nokes]

I will have to get back to the hon. Lady with precise numbers on those in the prison estate. Of course, it is important to reflect that those in the prison estate will be foreign national offenders who have committed some crime, which has determined that they are worthy of a prison sentence.

Each time an individual is detained, there must be a realistic prospect of removal within a reasonable timescale. Those making detention decisions consider the likely duration of detention necessary in order to effect removal.

I turn to the Shaw reforms. The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention with four main priorities: encouraging and supporting voluntary return; improving support for vulnerable detainees; greater transparency on immigration detention; and a new drive on dignity in detention. We are making real progress in delivering those commitments and have laid the groundwork for that progress to continue.

I emphasise a project that I am sure hon. Members will welcome and support: the development of a series of pilots of alternatives to detention. The first one started in December 2018 with our delivery partner Action Foundation in Newcastle. We have released more than 10 women from Yarl’s Wood immigration removal centre to be supported in the community, and further recruitment into the pilot is under way. We want to divert women at the point of detention into the pilot to fill the remaining places.

I can report progress towards the second pilot. There is interest from several credible potential delivery partners, and we expect to have our chosen delivery partner by August, enabling the second pilot to commence in the autumn. All irregular migrants will be in scope of that project. The United Nations High Commissioner for Refugees is independently evaluating the pilot series, and findings will be fed into the overall evaluation framework that is being developed to monitor progress across all of Shaw’s recommendations so that any findings can be examined within the context of the wider changes to detention across the Home Office. The UNHCR is also creating an independent external reference group to monitor progress and share expertise and best practice.

We are in the process of implementing other changes as a result of the Shaw review. We are introducing detention engagement teams in all IRCs, who are ensuring better induction and improved links between detainees and their caseworkers. We are also piloting the two-month auto-bail referral, which builds on measures introduced in the Immigration Act 2016 to refer cases to the tribunal at the four-month period of detention, and introducing a new drive on dignity in detention to improve facilities in immigration removal centres, including piloting the use of Skype and modernising the facilities. We are bringing greater transparency to immigration detention, and publishing more data, including on deaths and escapes from detention and on pregnant women in detention.

I reassure hon. Members that the Government are committed to providing those being considered for immigration detention with the necessary levels of protection. We have particularly stringent safeguarding arrangements in respect of vulnerable people in the immigration system.

[Jess Phillips]

I appreciate everything that the Minister has been saying, and some of those things show signs of improvement. There are two points I am not sure she has answered. My hon. Friend the Member for Edmonton (Kate Osamor) asked about the Nigerian issue. Is the policy of sending people home, saying basically that prostitution was making their home country a land of milk and honey, now over? Secondly, on the Minister’s point about the Government doing safeguarding in this area, how is it that women are being taken straight from brothels to Yarl’s Wood?

[Caroline Nokes]

The quote, which the hon. Lady has somewhat misinterpreted, has been amended to give clarification. It should not have been able to lead to such a level of misinterpretation. None of us would ever say that prostitution leads to an ideal way of life. It certainly does not. However, there is much more that we can do, working with Nigeria and our partners to address the particular problem that has arisen there with trafficked women.

The hon. Lady spoke about the safeguards we need to put in place. I will be completely candid with her, and I will give her a couple of minutes to wind up the debate. It is important that we do more. She and I recently attended a roundtable with the Minister for safeguarding, my hon. Friend the Under-Secretary of State for Home Affairs, the Minister for Countering Extremism, Baroness Williams of Trafford, and the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar). At that event, I said that we needed to do much better on safeguarding across Government. That was particularly in reference to victims of domestic abuse, but I am conscious that victims of trafficking are, in many instances, victims of abuse.

We must do better at safeguarding those individuals and treating them as victims. The hon. Lady and I may disagree from time to time, but we must ensure that when we share data, we do it for good reasons so that we can safeguard and protect people in vulnerable situations. There is more work to do across Government. I said at the roundtable and will repeat today: it is no good enough for just the Home Office and the Ministry of Justice to be involved; we need the Department for Work and Pensions and the Department for Education involved, too. There is a piece of joined-up Government work there to ensure that we enable victims to be treated as victims, who are safeguarded appropriately, while at the same time recognising the important role of our immigration policies now and going forward.

[Sir Gary Streeter (in the Chair)]

Jess Phillips will have the final word.

Serco and Asylum Seeker Lock-change Evictions

Caroline Nokes Excerpts

Thursday 27th June 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Gentleman for securing this debate and providing me with the opportunity to clarify the current position in Glasgow regarding those who are no longer eligible for asylum support or accommodation.

The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of those individuals who seek refuge from persecution. The Government are committed to working closely with communities and stakeholders to ensure that destitute asylum seekers are provided with safe, secure and suitable accommodation, and that they are treated with dignity while their asylum claim is considered. However, it is important to recognise that the majority of the affected cohort in Glasgow do not have status in the UK. They have sought asylum. Their claim has not been substantiated. They have exhausted the appeals process and they now need to take steps to return to their country of origin.

[Stuart C. McDonald]

Even if some of these individuals have not qualified and have not met the technical definition of what a refugee is, that does not mean they are not vulnerable people, it does not mean they do not have significant needs and it does not mean they should not be treated with dignity. Why do we have a cliff-edge process that means that, if an asylum claim is refused, no alternatives are looked at and there are no ways to try to work with that person to ensure they are looked after properly?

[Caroline Nokes]

At no point have I said that these people are not vulnerable. I have tried to set out that they have had an asylum claim that has not been found to be valid and that they have been through the appeals process. If the hon. Gentleman will give me some time, I will move on to discuss the various means of support that are available, particularly to those we heard about earlier: those who are vulnerable, those who have medical conditions and those who have children.

The system that operates in Glasgow is the same system that operates across the United Kingdom and has been operated by successive Governments since the introduction of the Immigration and Asylum Act 1999. Asylum seekers and their dependants who would otherwise be destitute are provided with accommodation and a weekly cash allowance by the Home Office while their asylum claim and any subsequent appeals are considered. This form of support is usually known as section 95 support. If an asylum seeker is granted refugee status, they are free to take employment and become eligible to apply for mainstream benefits in the same way as British citizens and other permanent residents.

If their asylum claim is refused but they have children at the time their appeal rights are exhausted, they remain on section 95 support until their youngest child reaches 18 years of age or they leave UK. Those without children who exhaust the appeals process lose access to section 95 support, but a very similar form of support, known as section 4 support, is provided so long as they take reasonable steps to leave the UK, or, importantly, show that there is a legal or practical obstacle that prevents their departure. Examples of such an obstacle include: those who are too sick to travel, those who need time to obtain a necessary travel document, and those who have made fresh submissions against the refusal of their asylum claim that have not been resolved.

[Chris Stephens]

I thank the Minister for giving way. This is an important point in terms of someone’s status and their appeal. My understanding from what she says is that someone who has been refused an upper tribunal level could be subjected to an eviction letter. Is the Minister saying that those individuals have effectively 14 days to submit fresh evidence—an article 8 application or the like? Someone who has been refused an upper tribunal level still has the right to submit a fresh claim.

[Caroline Nokes]

The hon. Gentleman is right to point out that they have the right to submit a fresh claim, but I am very anxious to emphasise that what we cannot encourage is a circular process, where people submit claim after claim when a first-tier tribunal and then an upper-tier tribunal found their claim to be unfounded. Circumstances may change, I absolutely accept that, but it is important that, while we treat individuals fairly, the system is upheld.

Decisions to refuse section 4 support attract a right of appeal to an independent tribunal. It is clearly reasonable to limit the offer of section 4 support to people who satisfy these conditions. Providing support indefinitely and without conditions to people who have no right to be in the UK is wrong in principle and risks undermining public confidence in the asylum system.

I have said that it is right that people who have no legal basis to remain in the United Kingdom are not supported indefinitely, but it is also right that they should be aware of their options, and the advice and support available to them. Advice on accessing further support or returning home with support is routinely provided to all whose claim has been refused. However, in the case of this particular cohort of people we have gone further. Since August 2018, we have been working with partners in Glasgow, including Glasgow City Council and the Scottish Refugee Council, to ensure that affected individuals are aware of the further support available to them.

Migrant Help, on behalf of the Home Office, has been reaching out to those affected to explain how they can continue to be supported and accommodated if they take the necessary steps to return to their country of origin. We have also provided information on our assisted voluntary returns scheme, which provides up to £2,000 in reintegration assistance.

Migrant Help has contacted 373 people to discuss these options and conducted 154 advice appointments. The Home Office has also held over 296 conversations about voluntary return. The scheme available is designed to assist those who require more help and includes supporting resettlement in the country of return by providing financial or “in kind” support from an overseas provider.

I should note that a minority of the affected individuals have received a grant of leave to remain, but have none the less refused to leave their accommodation at the end of their eligibility. We are working closely with Glasgow City Council on these cases and have an agreed process to move these individuals into appropriate local authority housing and to access mainstream benefits.

[Chris Stephens]

I thank the Minister for giving way again; she is being most generous. Will she clarify whether those who will potentially be subjected to a lock-change eviction notice over the next few weeks have the right to remain?

[Caroline Nokes]

As I was saying, a small number of people have been granted refugee status, but it is absolutely right that they then move on from accommodation that is designated for destitute asylum seekers, so that the next cohort of asylum seekers can move into that accommodation, and those refugees—who have the right to stay, live and work in this country—move into accommodation that is appropriate for their needs and is not designated part of this asylum support accommodation, which is specifically designed for a cohort of people who are still in the claims process.

As the hon. Gentleman will know, I have also written to all Glasgow MPs with a direct line of contact to Home Office teams, who can work on a case-by-case basis should they have any questions or concerns. All applicants involved have been notified that they can contact their MP for advice and that their MPs have a direct line to the Home Office.

Some concern has been raised about the legal position in relation to issuing lock-change notices, which I would like to clarify. In July 2018, Serco commenced a process of reclaiming properties from those whose asylum applications had been decided and were no longer entitled to support. This was after a similar process had been successfully rolled out in the north-west of England.

The process of issuing a lock-change notice, if an individual refused to leave a property at the end of their entitlement, was paused pending a legal challenge in the Scottish courts. That pause did not affect people’s eligibility to receive asylum support, so those who became appeal rights exhausted or were granted leave to remain continued to receive the normal letter asking them to leave their accommodation. However, in that period, Serco did not follow this up by proceeding with lock changes if the individuals declined to leave.

In April this year, Lord Tyre dismissed two cases brought against Serco and the Home Office contesting this course of action. An appeal has been lodged and is currently sisted. As the cases were dismissed, Serco is now moving to resolve the circumstances of those staying in Serco properties. It is right that it does so.

Finally, I want to clarify the operational process, which I also set out in my recent letter to Glasgow MPs and MSPs.

[Stuart C. McDonald]

The Minister says that it is right for Serco to act in that way given Lord Tyre’s judgment, but surely it would be right for Serco to wait for the outcome of the further appeal. Will she also address the issue of funding for local authorities, with the Home Office having undertaken to work with local authorities to assess the impact of dispersal on their resources? Why has that work been kicked into the long grass?

[Caroline Nokes]

The legal action that was started last year and the judgement concluded in April this year did not provide a barrier to Serco continuing with this activity. It chose to pause it. The further appeal does not provide a barrier and the judgment was very clear. It is right that Serco should seek to make sure that accommodation designated for asylum seekers is available to those who fall into that category.

[Chris Stephens]

rose—

[Caroline Nokes]

I must make a little more progress.

Each week, Serco has provided the Home Office with a list of individuals who are overstaying in properties. The Home Office carefully checks that list against internal databases to ensure that the individuals have not lodged further submissions or new applications to remain, and that there are no known obstacles that would prevent them from leaving the United Kingdom. Once that is confirmed, the information is relayed back to Serco and a notice to quit is served, providing 14 days to leave the property. At the end of that period, if needed, a lock-change notice is served, providing seven days in which to leave the property before the locks may be changed. The first notices were issued on 20 June 2019.

[Chris Stephens]

The Minister can hold this line that the first letters were issued on 20 June, but I will place in the Library letters that were issued before that. Has she clarified with Serco when it issued the first letter, because the date of 20 June is simply factually inaccurate?

[Caroline Nokes]

I set out very clearly earlier—I cannot find the place in my notes right now—that Serco continued with the process because actually there was a cohort that came to everyone’s attention in the summer of last year, but between then and now there have been additional asylum seekers in Serco accommodation who have submitted new claims that have been found not to be substantiated. The process is not set in aspic; it continues the whole time. Different individuals will have come in and new claims will have been made by that cohort. The hon. Gentleman refers to other individuals who received notices to quit, but it is important to reflect that that might have been because their claims were found to be warranted and they were given refugee status and so needed to move into mainstream accommodation. There will also be those whose asylum claim was found not to be substantiated and were not in need of protection.

It remains the position that all of the cohort can apply for section 4 support at any time, and if they do, the process will be suspended until the application is considered and any appeal against its refusal is decided.

[Stuart C. McDonald]

Will the Minister give way?

[Caroline Nokes]

I think that Mr Deputy Speaker is concerned that we are about to use more time than I am permitted.

I am proud of the contribution that our country makes to providing accommodation and support to those seeking asylum. However, when the courts have decided that an asylum claim is not well founded, it is important that the support is available only if the individuals take reasonable steps to leave the UK, or if there is an obstacle to their departure. I am of course always willing to consider practical ideas about how we can further encourage those whose asylum claim has been refused to accept the offer of support on these terms.

Question put and agreed to.

Immigration

Caroline Nokes Excerpts

Wednesday 26th June 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

Thank you, Mr Deputy Speaker.

I welcome this debate on immigration and the opportunity for what I am sure will be a thoughtful and constructive discussion. I am a little disappointed not to see the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) in her place, because when we were discussing refugee family reunion last week, she made a point about the importance of language. I added to that the importance of tone, and I hope that we will hear people using their language carefully this afternoon. I am sure, given the Members present, that we will.

The immigration system is at a point where we are preparing to leave the European Union and working to provide status to the 3.5 million or so European Union citizens who have made the UK their home. Through the measures we set out in our White Paper on the future borders and immigration system, we are looking forward to the biggest change to the immigration system for over 45 years and are halfway through engaging in a year-long national conversation.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

The Minister referred to the EU citizens who have made the UK their home, but what about those of them who were denied the right to vote in the recent European elections? What will the Government do to redress that? Was that not a shabby treatment of those very citizens in what should have been an all-inclusive democratic process? It is simply not good enough for that to be swept under the carpet by any manner of means.

[Caroline Nokes]

I do not think there has been any attempt to sweep that under the carpet. There was an urgent question in the House on the matter—I think it was the week before last—and I am sure that the hon. Gentleman raised his point then, but he knows as well as I do that his question is best addressed to the Cabinet Office, which is responsible for elections, not me as the Immigration Minister.

Alongside the White Paper on the future borders and immigration system that we published last year, the borders, immigration and citizenship system continues to deliver, to secure the UK border, control immigration and provide world-class services that contribute to our prosperity.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) talked with regret about the immigration system, but it is worth reminding the House of some salient points about its successes. In the year to March, more people came to the UK, with 142.8 million passengers arriving here; the number of visitor visas granted was at a record high of 2.3 million, an increase of 9%; 181,000 people were given entry clearance to come to work in the UK and bolster the UK’s economy; 358,000 students came to the UK to study; over 5,700 people were provided with protection and support through our four UK resettlement schemes; over 5,600 family reunion visas were issued, over 2,700 of which were for children; and 89,000 people were granted settlement, with 149,000 granted British citizenship.

The majority of the people I have referred to engage with the immigration system in a smooth way. They are contributing to the growth of tourism and our economy, attending our world-leading universities and enriching our culture. I do not believe that there is any great difference in aspiration between the Scottish National party and the UK Government on the topic of students. We both recognise that international students make a huge contribution to our education institutions socially, academically and financially. We want our education sector to flourish and to see ever increasing numbers of international students coming to the UK. Indeed, the Government have set an ambition of increasing the number of international students in higher education to 600,000 by 2030.

Where there may be a difference is that the Government are keen to share our successes and send the message that the UK is welcoming, while the SNP sadly seems determined to convey a sense of gloom. I am pleased to say that the facts support the Government’s position. The number of visa applications to study at the UK’s universities increased by 10% last year, to the highest number ever recorded, and visa application numbers are 27% higher than they were in 2011. There are close to half a million international students studying in the UK, and we continue to be the second most popular destination in the world for them. I hope that SNP Members will join in celebrating that success.

While we are on the subject of facts, I note that the motion calls for a policy “based on evidence”. The House will be aware that last year the Migration Advisory Committee—the Government’s expert, non-partisan advisers on immigration matters—carried out a detailed study into international students. The MAC took evidence from a wide variety of stakeholders representing every part of the United Kingdom, including Scotland. As the MAC indicates, 140 written responses were submitted to its call for evidence. This is absolutely evidence-based policy making.

[Pete Wishart]

We all know that the MAC does entirely what the Government want it to do. Is it not absurd that we educate international students to a high standard and then boot them out, because there is no post-study work scheme? I was in Montreal with the Scottish Affairs Committee just the other week, where they do everything possible to encourage their students to stay, because they have devolution of immigration policy. Should Scotland not have some of that too?

[Caroline Nokes]

The hon. Gentleman has perhaps not read the White Paper and seen the additional offer that the Government are making to international students on post-study work. He would do well to read it. He said that the MAC only gives the Government evidence that we want to hear—far from it. He is falling into the trap of being interested in evidence when it suits him.

[Peter Grant (Glenrothes) (SNP)]

Will the Minister give way?

[Caroline Nokes]

No, I will not.

The MAC concluded both that students should not be removed from the net migration target and that there should be no increase in the length of time that undergraduates are allowed to remain in the UK on completion of their studies. The MAC said:

“We do not recommend a separate post-study work visa”.

I look forward to the SNP’s endorsement of those positions, or are they interested in evidence-based policy making only when the evidence happens to support their pre-conceived notions?

The Government have decided to go beyond the MAC’s recommendations. In our White Paper, we committed to increasing the period of post-study leave for both undergraduates and master’s students because, as I have said, we want our education sector to continue to flourish and to compete strongly on the international stage.

[Angus Brendan MacNeil]

Will the Minister give way?

[Caroline Nokes]

No, I will not give way to the hon. Gentleman again.

Evidence-based policy making is the principle that our future borders and immigration system will be built upon. It will be a single immigration system, where it is workers’ skills that matter, not where they come from.

[Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)]

I thank the Minister for giving way. She referred to evidence-based policy making. Does she recognise that the Fresh Talent initiative introduced by a previous First Minister of Scotland, Lord McConnell, which he credits as his single most effective achievement in office, contributed to reversing Scotland’s historic population decline?

--- Later in debate ---

[Caroline Nokes]

That is an interesting point, because I think we heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East that what had reversed Scotland’s population decline was free movement, with people being able to come in from the EU.

The future system will focus on high skills, welcoming talented and hard-working individuals who will support the UK’s dynamic economy and enabling employers to compete on the world stage. In line with the MAC’s recommendation, we will prioritise the migrants who bring the most benefit to the UK, maximising the benefits of immigration. This week, we asked the MAC to review and advise on salary thresholds, including whether there is a case for regional salary thresholds, and we are currently engaging with businesses and employers from all parts of the UK and all sectors of the economy to ensure that the future immigration system is suitable for their needs.

[Thangam Debbonaire]

The Minister is generous to give way. She mentioned high-skilled migration. Has there been reflection in her Department, and perhaps in the Foreign and Commonwealth Office and the Department for International Development, about the impact on other countries of us focusing on taking their high-skilled migrants? I am not saying that there is an easy answer—I do not think there is—but I wonder whether that has been a consideration across Departments.

[Caroline Nokes]

The hon. Lady is right to refer to that. It is important that we consider our immigration system in the round, and particularly when it comes to doctors and nurses. I am very conscious that while we welcome and attract people working in the medical profession from around the globe, many of them come from countries where those skills are sorely needed. In fact, we know that many of them return to their home countries, having gained experience and knowledge here. It is important that we work with the Department for Business, Energy and Industrial Strategy, DFID and the Department for Education on determining future immigration policy, because when it comes to our workforce needs, immigration simply cannot be the only answer.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister says she wants to work with business, which I am very pleased to hear. Does she agree with the director of the Confederation of British Industry in Scotland, who said:

“The proposals outlined in the White Paper don’t meet Scotland’s needs or the needs of the UK as a whole, and would be a sucker punch for many firms right across the country”?

[Caroline Nokes]

I gently point out to the hon. and learned Lady that I am spending this year engaging with businesses and business organisations. Just yesterday, I had the pleasure of meeting people working in the hospitality industry in Cumbria, such as in the constituency of my hon. Friend the Member for Copeland (Trudy Harrison). It is absolutely imperative that we take forward the White Paper, and we always said there would be a year of engagement and of listening to views.

The hon. and learned Lady must acknowledge that we have asked the Migration Advisory Committee to look again at salary thresholds because it is important that we get this right. As I said at the outset, this is one of the biggest changes in our immigration system for 45 years, and it is imperative that we listen to the concerns of all sectors of the economy, and of all regions and countries.

[Stephen Kerr (Stirling) (Con)]

The last intervention included a selective quote from CBI Scotland. To be fair, the CBI, the Food and Drink Federation Scotland, the Scottish Chambers of Commerce and the National Farmers Union Scotland have all said that they want an all-UK solution when it comes to our future immigration schemes. They do not want the devolution of those powers to the Scottish Government—least of all, it might be said, to this Scottish Government.

[Caroline Nokes]

My hon. Friend makes a very important point. He will be conscious that, when we are looking for cross-party consensus, there are several across the House who agree with me and him that we should have one immigration policy for the whole of the United Kingdom.

The future system needs to uphold our international obligations in relation to asylum, and to support decisions based on human rights. As I set out last week, we continue to work with the United Nations High Commissioner for Refugees to resettle the most vulnerable people from areas of conflict. We have resettled almost 16,000 people since 2015, nearly 3,000 of whom have been resettled in Scotland. In our new consolidated scheme, starting in 2020, we are committed to resettling about 5,000 of the world’s most vulnerable refugees every year. That strategy is to prevent vulnerable people from falling into the hands of traffickers and making dangerous journeys across both land and sea.

It is firmly our view that people should claim asylum in the first safe country, not the last, but where people are in genuine need of our protection, we will provide it. I am proud that this Government have given protection to over 66,000 people since June 2010. Where an individual does not meet our immigration rules or our obligations under international law, I make no apology for making and enforcing decisions that the public expect as a matter of fairness.

[Peter Grant]

May I take the Minister back to her comments on the Migration Advisory Committee? I note with interest that she wants us to accept everything that committee says, but seems reluctant to accept the findings of a House of Commons Select Committee. The creation of the Select Committees was celebrated by Mr Speaker not so long ago.

Can the Minister tell us which member of the Migration Advisory Committee has direct experience of the impact of migration in Scotland? I have just looked at the committee’s website, and there is no doubt that all its members are very august experts in their own field, but none of them has a job anywhere further north than York and, as far as I can tell from the potted biographies, none of them has ever worked in any of the devolved nations of the United Kingdom. Is it any surprise that we should get an Anglocentric set of recommendations from such an Anglocentric committee? If that is not true, will the Minister tell us the name of the member of the Migration Advisory Committee who has direct experience of working in Scotland and seeing how migration affects Scotland today?

--- Later in debate ---

[Caroline Nokes]

I will take the hon. Gentleman back to the responses from Scotland to the consultation undertaken by the committee, which has held events in every region and every nation of the United Kingdom. I am sorry that the hon. Gentleman does not like the fact that the Migration Advisory Committee is made up of the most eminent experts there are in the country, but he will be aware that when we recruit to a vacant position on the MAC, which happens every few years, we are of course open to applications from every part of the United Kingdom, including Scotland.

The UK’s measures on access to work, benefits and services have been in place and developed over many years of varying and successive Governments, and are consistent with the legislative frameworks operated by most other comparable countries. Opposition Members should be reminded that other EU member states are subject to an EU directive requiring them to have in place right to work checks and sanctions for employers of illegal workers, to protect potential victims of modern slavery.

Measures to restrict access to benefits and services are also designed to protect the taxpayer—a legitimate objective that has public support. A YouGov poll last year found that 71% of people support a policy of requiring people to show documents proving their right to be here in order to do things such as taking up employment, renting a flat or opening a bank account. Measures on the right to work and the right to rent are about tackling unscrupulous employers and landlords to protect the vulnerable, while also protecting good employers and landlords. That is in the interests of a prosperous and fair society that supports those who play by the rules, as well as protecting those who might otherwise be exploited. However, we are clear that these measures must distinguish effectively between those with lawful status, who are entitled to access work, benefits and services in the UK, and those who are here illegally. The Home Office is committed to improving how we meet the differing needs of the public we serve.

[Stuart C. McDonald]

Will the Minister give way?

[Caroline Nokes]

I am tempted not to give way, because later this afternoon I will asking for the leave of the House to wind up the debate as well as open it. That will give me an opportunity to respond to points that Members have made in their contributions, which I hope will be more helpful than simply responding to an intervention.

[Mr Deputy Speaker (Sir Lindsay Hoyle)]

Order. It may be helpful to say that somebody might object, which would prevent that from happening, so I think the Minister ought to show generosity now.

[Caroline Nokes]

indicated assent.

[Stuart C. McDonald]

Well, Mr Deputy Speaker, I am grateful to the Minister for giving way. Will she address head-on the High Court decision that the right to rent scheme is causing terrible discrimination in the housing market? How can she possibly defend the Home Office decision to appeal that on the grounds that the discrimination is justified in any way, shape or form?

[Caroline Nokes]

The hon. Gentleman will know that the Home Office is appealing that judgment, and given that there is live litigation, it would not be appropriate for me to comment at this point.

As I have said, we want our systems to become as simple and straightforward as possible. During the engagement I have held with employers on the White Paper over the last six months, I have been very conscious of the point the hon. Gentleman made about small and medium-sized enterprises, and the challenges they may find in engaging with the tier 2 sponsorship process. It is absolutely the Home Office’s intention to make all our systems far more straightforward and streamlined, and the comments I have received from employers will certainly enable us to build a system that I hope will be both responsive and quick. A challenge has been set—I think it was in the Chancellor’s Budget—that we want to be in a situation to determine the equivalent of tier 2 visas within two to three weeks. That will be a dramatic improvement, and one that I hope users of the system, and indeed small businesses, will welcome.

[Thangam Debbonaire]

The Minister is being incredibly generous in giving way, and I am very grateful to her. She mentioned engagement with employers, which is of course the right thing to do. Will she consider public engagement, of the sort that Hope not Hate and British Future have carried out over the last two years, in the course of developing and expanding the policy and turning the White Paper into concrete measures? Bringing the British people with her would be the right thing to do.

[Caroline Nokes]

Yes, certainly. I have mentioned the engagement with employers, and over the last few months we have also been meeting non-governmental organisations and academia. Indeed, in the hon. Lady’s own city of Bristol, we held a roundtable that was well attended by representatives of Bristol University, which is very keen that the voice of the student should be heard, as well as the voice of the institution. It is important that we continue to engage and listen to voices from across the entire country.

We are marshalling our reforms under three key themes: improving our customer service and responding more effectively to the individual needs of people who interact with the system; making sure that we respond better to vulnerable individuals who interact with our system, including by ensuring that our processes are accessible; and ensuring we are an open organisation that listens and responds when our customers and staff identify problems, using feedback to design our policies and procedures and to understand their impact.

The EU settlement scheme embodies those principles. We have listened and responded, building on the feedback that we received through the extensive stakeholder engagement and the two public beta phases before its launch in March. The customer experience is where we want the future system to be. The scheme is fully digital and genuinely world leading because applicants can validate their identity using their mobile device—including Apple customers later this year—and are provided with a secure digital status that, unlike a physical document, cannot be lost, stolen or tampered with.

The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), who is no longer in his place, made the point about those who have only Apple, not Android, phones, and about how the broadband coverage in his constituency makes uploading documents difficult. I would say to him that his constituents do not have to travel on a 500 mile round trip to Edinburgh, because the postal route opened on 30 March in time to coincide with the original planned date of leaving the European Union.

The motion talks about rejecting the requirement for EU citizens to apply for settled and pre-settled status, but a declaratory system, under which they automatically acquired an immigration status, would significantly reduce any incentive to obtain evidence of that status. It would risk creating confusion among employers and service providers, and would have the effect of impeding EU citizens’ access to benefits and services to which they were entitled.

[Drew Hendry (Inverness, Nairn, Badenoch and Strathspey) (SNP)]

The Minister talks about confusion among employers. In the highlands, in my constituency, the confusion among employers is over where they are going to source staff, as people have been chased off by the hostile measures taken by this Government. Is it not time to say that people in the highlands, who are just highlanders, should just be able to stay in their homes?

[Caroline Nokes]

On EU settled status, we have absolutely said to our EU friends, neighbours and colleagues not just, “You can stay,” but, “We want you to stay.” That is an important message, which I will continue repeating both in the House and outside it.

We have put in place a system that is simple and straightforward. In the vast majority of cases, people’s applications are being determined within one to four working days, and satisfaction with the scheme is high. We are at a point where well over 800,000 people have been through the scheme, and it is important that we continue to move from the current phase to making sure that as many as possible access their status. That is why we have put in place up to £9 million of funding for 57 voluntary and community organisations across the UK to help us to reach out to an estimated 200,000 vulnerable or at-risk EU citizens and help them apply. There are over 300 assisted digital locations across the UK, where people can be supported through their application, and it is important to reflect the fact that the scheme is working. Furthermore, it has been built at pace, is successfully delivering in large volumes, and is protecting vulnerable individuals, which demonstrates how the Home Office is building for the future.

I am proud to serve as Immigration Minister at this time of unprecedented change, during which we are engaging with stakeholders right across the country to build our future borders and immigration system, and I very much look forward to hearing further contributions from hon. Members this afternoon.

--- Later in debate ---

[Caroline Nokes]

With the leave of the House, I will wind up the debate, as well as having opened it for the Government.

We have had an important debate that has highlighted the scale of activity that the borders, immigration and citizenship system undertakes and the challenges it faces. It has been wide ranging, with Members raising policy issues and individual cases. For every case that Members have rightly raised, there are thousands more people who are satisfied with their experience of the immigration system. I am proud of the hard work and dedication of officials in the Home Office. It is wrong—wholly wrong—to try to characterise those who work for the Home Office, in some instances doing incredibly difficult and stressful jobs, as in any way uncaring or inhumane.

I have listened carefully to Members’ contributions, and I welcome the thoughts and views put forward in today’s debate. I will highlight some of the comments that I thought were particularly insightful and useful.

My hon. Friend the Member for Stirling (Stephen Kerr) made an impassioned speech about immigration being a reserved matter, and he and I of course believe that it should stay that way. He made some interesting points about the way we describe skilled and unskilled labour within the immigration system, and as part of the White Paper process and the future system, I think we have to find better ways to articulate that. It is not easy to describe skills only in terms of qualifications or salary levels, and I have certainly been guided by the engagement we have done during the last few months. In particular, those in the social care industry certainly have many skills that perhaps do not fall neatly into the immigration categories. I have spent much time over the last six months listening to the Scottish farmer, the Cumbrian hotelier and the Bristolian tech entrepreneur, and I absolutely recognise that we need to be adaptive. Our economy is changing, and jobs exist today that did not exist five years ago. In the same way, there will be jobs in five years’ time that we have not even dreamed of today.

The hon. Member for Dundee East (Stewart Hosie) spoke at quite some length and used the word “arbitrary” repeatedly, but it is absolutely not the case that we have an arbitrary system. We work very hard to make sure that the decisions we make are the right ones, and there is indeed a great deal of work still to be done to make sure that we improve.

[Imran Hussain]

Will the Minister give way?

[Caroline Nokes]

No, I am sorry, but I will not give way. The hon. Gentleman was not here at the start, and I have a lot of ground to cover in just a little time.

Last summer, I very much enjoyed going to Dundee and hosting a roundtable with people working particularly in the tech sector and the gaming industry. It is important that we reflect on the issues and views not just in a range of different sectors across industry, but of course in the different parts of the United Kingdom—both the individual countries of Northern Ireland, Scotland and Wales, and the different regions.

My superb, I have to say, Scottish hon. Friends may not have the length of service of the hon. Member for Dundee East, but I do not think we should in any way see length of service as a proxy for skill. They have certainly shown not only that they have grasped the issues but that they can carry their voice to Government and talk sense in a constructive and persuasive manner. This week, my right hon. Friend the Home Secretary has extended the MAC’s commission to looking again at salary thresholds. I commend all those who made the point that we should do that. Indeed, some of them appear to have missed the fact that we are doing it.

The hon. Member for Edinburgh North and Leith (Deidre Brock) made, to be quite frank, some outrageous allegations. She has called me “shabby” and accused the Government of being “racist”. I reject her very simple and, to be quite frank, nasty attitude on these points. I have spent the last 17 months making sure that we talk about immigration in a thoughtful and humane way, and I have to say that I have gone to quite some lengths to reach out across the House and listen to different views. I do not think that she either listened to or understood my opening comments, when I talked about the record high number of visitor visas granted—2.3 million last year, up 9%—

[Imran Hussain]

Will the Minister give way?

[Caroline Nokes]

I am sorry, but I have made it clear to the hon. Gentleman that I have a lot of ground to cover, and he was not here for the bulk of the debate.

The grant rate of visitor visas is in the region of 88%, and the characterisation of the UK by the hon. Member for Edinburgh North and Leith is one I simply do not recognise. It was a description that, to be frank, perfectly encapsulated her party’s doom and gloom personality: never has a glass of whisky been more half-empty.

My hon. Friend the Member for Moray (Douglas Ross) had some very interesting quotes not only from the First Minister of Scotland, but from one of the SNP’s recently elected MEPs. The concerns he raised suggesting it was in any way appropriate—[Interruption.]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. Some hon. Members have not been in for the debate, and I do hope they are not going to disrupt the Minister when she is trying to reply to those who have been in for the debate.

--- Later in debate ---

[Caroline Nokes]

Thank you, Madam Deputy Speaker. Indeed, the noisy hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) has come in chewing gum right at the end, having left very soon after the beginning.

My hon. Friend the Member for Moray raised the concern that people would be encouraged not to take part in the EU settled status scheme. The scheme is working well, with over 800,000 people through so far, and I do think it is important, as the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) emphasised, that people go through the process and get their status.

The hon. Member for Glasgow North West (Carol Monaghan) might not have heard the announcement made earlier this week on the MAC’s commission with respect to salary thresholds, because she emphasised that point a great deal, but I reiterate to her that the visit visas are granted at a rate of about 88%, of which 97% are processed within 15 working days. When it comes to customer service and speed of service, I am the first to say that we can always do more, but the characterisation of the process as slow and inaccurate is very unfair.

The hon. Lady also raised an important point, which I would like to respond to, on students and European temporary leave to remain, particularly the consideration of Scottish universities, which have four-year degree programmes, and indeed the many universities up and down the UK that hold longer courses for medicine, veterinary science or architecture. This is something that we are looking at closely. While I am unable to provide further details at this stage, we are considering how best we can ensure that those students are not disadvantaged. That point has been put to me during the different stages of consideration of the immigration Bill, and I have no doubt that this is something that we really must resolve.

The hon. Member for Glasgow Central (Alison Thewliss) spoke of immigration detention and described it as arbitrary. It is not arbitrary: at any one time, 95% of people with no leave to be here are in the community, and two thirds of those who go into detention leave within a month and over 90% within four months. There is a pilot scheme in Newcastle for women who would otherwise be detained in Yarl’s Wood, in which they are being supported in the community. The hon. Lady will of course know that this Government commissioned Shaw to do a re-review of detention; we are implementing his recommendations. I remind her that the detention estate is 40% smaller than it was when this Government came to office. That is progress, and the direction of travel is good.

I cannot comment on the individual circumstances of the case that the hon. Lady raised, but I would like to emphasise that the Government have been clear: female genital mutilation is a crime; it is child abuse, and has absolutely no place in our society. However, we must consider each case on its own merits.

The hon. Member for Paisley and Renfrewshire North (Gavin Newlands) spoke of the issue of religious workers. There is a debate on that subject next week, and I encourage Members to attend it. He also mentioned freedom of movement. I gently remind him of the need both to reflect upon and uphold the outcome of referendums. He might not like it, but freedom of movement played a part in the referendum of 2016.

The hon. and learned Member for Edinburgh South West (Joanna Cherry) referred to the Adjournment debate that we will hold tomorrow on the subject of those individuals in Glasgow to whom Serco is providing notice to quit their property. It is of course important to reflect on how we address the challenge of people who have no leave to be here and whose appeal rights are exhausted, but who still stay in accommodation that they have no right to be in. I reassure Members that there will be an opportunity to debate that tomorrow.

The hon. and learned Lady suggested that I had been abandoned on my birthday to both open and close the debate. I want to reassure her that there is nothing I love more than being at this Dispatch Box. I also reassure her that when it comes to taking evidence and listening to opinion, of course we listen to the Migration Advisory Committee, the Government’s independent experts, but over the past year we have also been listening to the CBI, both in Scotland and in England. We have been listening to the Federation of Small Businesses, Universities UK, the Russell Group, MillionPlus, the Tourism Industry Council, the NFU in England and Wales, and indeed in Scotland, and many more individual businesses and employers, both large and small.

It is right that we take evidence. It is right that we listen to opinion. We are committed to improving the borders, immigration and citizenship system. That is why we will continue to listen to and consult Members from both sides of the House, as well as stakeholders across a broad range of sectors.

I thank Members for their insightful and thought-provoking contributions. I will continue to reflect on them in considering the Government’s approach going forward, and I look forward to further debates on these points, and indeed others, over the coming weeks. I have no doubt that hon. and right hon. Members will continue to raise these issues with much passion and enthusiasm.

Question put and agreed to.

Resolved,

That this House regrets that the outgoing Prime Minister’s legacy will be her hostile environment policy and her unrealistic and damaging net migration target; calls for a fundamental change in the Government’s approach to immigration, refugee and asylum policy to one based on evidence, respect for human rights and fairness; welcomes the contribution made by migrants to the UK’s economy, society and culture; rejects regressive Government proposals to extinguish European free movement rights and to require EU nationals in the UK to apply for settled and pre-settled status; and recognises that a migration policy that works for the whole of the UK will require different policy solutions for different parts of the UK, particularly given Scotland’s demographic and economic profile.

[Patrick Grady]

On a point of order, Madam Deputy Speaker. Just for the record—I know this is standard practice now—the House has basically resolved unanimously that the Prime Minister’s legacy is the hostile environment, and called for the various reforms outlined in the SNP motion. Can you clarify for the House what we should expect from the Government in response to an Opposition day motion having been approved by the House in such a manner?

Refugee Family Reunion

Caroline Nokes Excerpts

Thursday 20th June 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

Mr Deputy Speaker, I may crave your indulgence for a bit more time than was originally anticipated, because there has been a lot of content in this debate. I congratulate the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) on securing this important debate on refugee family reunion. I welcome his ongoing dedication to the issue, and his insight and passionate contribution this afternoon. Indeed, we saw that from Members across the House during the debate.

It is of course apposite that we are discussing this issue on World Refugee Day and during Refugee week, as we celebrate the important contribution refugees make as they rebuild their lives in the UK. We have a proud history of providing protection to those who need it, honouring our international commitments under the refugee convention and the European convention on human rights. In the year ending March 2019, we granted refugee status or another form of protection to over 17,000 people, an increase of over 20% on the previous 12 months. Over that same period, we also issued about 5,700 visas to family members of refugees in the UK.

Sadly, as we have heard from several Members, global humanitarian need continues to grow, with over 70 million people around the world forced from their homes and about 25 million refugees. The UK’s resettlement schemes are an integral component of our humanitarian response to that challenge, addressing the needs of some of the most vulnerable refugees, and providing safe and legal routes for tens of thousands of people to start new lives here. In every year since 2016, the UK resettled more refugees from outside Europe than any other EU member state.

As many will be aware, earlier this week the Government reaffirmed their ongoing commitment to refugee resettlement. We are on track to deliver our current commitments to 2020 and have now resettled nearly 16,000 refugees under our vulnerable persons resettlement scheme. Importantly, from 2020—I have been particularly keen on this—we will consolidate our biggest resettlement routes in a single new global scheme, under which we will aim to resettle in the region of 5,000 of the world’s most vulnerable refugees in the first year of operation. More than half of those resettled under our existing programmes are children, the majority of whom have been resettled with their families. I expect that to continue.

A key part of the new resettlement offer will be that those resettled through our community sponsorship and mandate routes will be in addition to our yearly, global commitment. While numbers have historically been small, we intend to explore ways to maximise the contributions of both these routes. The mandate resettlement scheme resettles recognised refugees who have a close family member in the UK who is willing to accommodate them. Going forward, I will look at options to adjust the scope of those eligible to allow for a higher uptake in referrals for resettlement from UNHCR.

The hon. Member for Manchester, Gorton (Afzal Khan) made reference to being the parent of grown-up children who are now independent of him. I can honestly say that I am the parent of a grown-up child who is most certainly still dependent on me. [Laughter.] I am very conscious that across the globe there are many what I regard as young people, between the ages of 18 to 25, who are still dependent on their parents. It is in that particular aspect that I have a very keen interest.

I will now turn to the comments made by Back-Bench Members, because they have been insightful and useful to this debate. The hon. Member for Na h-Eileanan an Iar spoke about his encounter with Yohannes and the importance of work for resettled refugees. I have been impressed and delighted, over the course of the past 18 months, to meet resettled refugees who all emphasise the importance of work in giving them a route to integration. I have met employers who have played their part, too.

It is important to draw a distinction between those who are here seeking asylum and those who are here as refugees already with status. I will freely admit that the proportion of those who have status and are in work is still woefully low. We are at a time of incredibly high employment—higher than at any time in my life—yet for those who have been resettled the numbers are still low. There are some inspiring stories, but it is absolutely imperative that we work hand in glove with the Department for Work and Pensions, the Department for Education and civil society to help people into work.

Some of the most inspiring schemes have been community sponsorships—various Members across the House have made reference to them—where the community wraps its arms around individuals, taking them on a journey to find school places for their children, helps them with their English, ensures childcare support while they attend ESOL classes, and helps with CVs and getting into work. I pay particular tribute to World Jewish Relief, which has a fantastic programme running in Bradford. It focuses determinedly on giving people interview experience and finding them appropriate clothing to wear to interviews, help with English, help with CVs and help into work.

[Jim Shannon]

Some of the Christian Syrian refugees in Newtownards are talented in carpentry and their work is as good as that of any carpenter. The only thing holding them back is their grasp of the language. If they understand the language, they are then able to go on building sites in safety. Language is the thing that opens the door.

[Caroline Nokes]

The hon. Gentleman makes a really important point. Sometimes it is language and sometimes it is the recognition of qualifications. I tell people repeatedly the story of a Syrian refugee in Kent who was qualified as an accountant in Syria, yet can only work as a bookkeeper here. As a Government, we have to be imaginative. Her English was brilliant. She needed not English language lessons, but to be able to upgrade her qualification. It is important that we are creative in finding routes to work.

The hon. Member for Oldham East and Saddleworth (Debbie Abrahams) gave a very wide-ranging speech and I agreed with much of it. She spoke of the dreadful language use in 2016. I am always reminded of a poster I used to drive past on the A3. I am quite ashamed to repeat the words, but I will do so. It simply said, “The Turks are coming”. I have always sought in this role to be careful and measured about the language I use, and to bring a very human tone to the debate around immigration. It has been an interesting and challenging debate over the past 18 months, but we need to move away from speaking in tabloid headlines.

[Debbie Abrahams]

The Minister is making some very powerful points. As I was trying to hint at, or perhaps more than hint at, does she believe that all leaders, including us—as MPs, we are leaders—and particularly, leaders of parties need to demonstrate in their language and behaviour that such language is unacceptable?

[Caroline Nokes]

I absolutely agree and that applies not just here, but in other Parliaments around the globe, and this is about not just language, but tone.

My hon. Friend the Member for Bromley and Chislehurst (Robert Neill) spoke about the Reverend Davidson and the children brought here as part of the Kindertransport. Several months ago, I met Vera Schaufeld, who was a Kindertransport child. She had an immense impact on me and I am very much aware of the incredible work of the noble Lord Dubs in the other House, who has been an inspiration to many of us.

The hon. Member for Hammersmith (Andy Slaughter) spoke about the Dubs amendment, and I remind him of one point. While we were discussing that amendment, he cited the figure of 3,000, but the Government were always clear that we would discuss the matter with local authorities and find common ground about the number of places that they had available. The final figure that was settled on was 480. We have always refused to give a running commentary on how we are doing on numbers, but it is important to reflect that at the start of 2018 we changed the qualifying date so that more transfers would be possible. At the end of last year, we removed the date altogether, so that we could continue our work with France, Greece and Italy to meet that commitment. Of course, there is still the challenge of best interests tests, where children must go through the process with the UNHCR. Sometimes that is not as swift as either I or the UNHCR would like.

The hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss) spoke about Abdul, who had settled in her constituency, and the heartwarming story that he had been reunited with his family. She said some very kind words about me, as did various other Members. It almost felt like this was some sort of swansong at the Dispatch Box, but I reassure hon. Members that the Scottish National party has called an Opposition day debate on immigration next week and some other Scottish colleagues will see me return to Westminster Hall the week after—I am not quite gone yet.

The hon. Member for Strangford (Jim Shannon) mentioned resettlement in Strangford and the important role of faith communities. I am always struck by that, and it is not simply Christian communities. In Lambeth this week, I saw a number of resettled refugees, including one young Muslim woman from Syria who had been resettled in an apartment in the synagogue. It was an absolutely brilliant example of how faiths are working together. I am absolutely delighted to hear tales such as that, and what has really been impressed on me over the last year is the very important role of the faith communities, and indeed, of all those involved in community sponsorship, which has been such an important part of our schemes.

Let me turn briefly to the policy background, because I am sure that I am about to run out of time. I reassure hon. Members that we recognise the importance of family reunion, and our policy provides safe and legal routes to bring families together. The hon. Member for Sheffield, Brightside and Hillsborough cited a particular case, but over the past five years we have granted over 26,000 family reunion visas to family members of refugees in the UK. There are also separate provisions in the rules that allow extended family to sponsor children to come here. Where there are serious and compelling circumstances, refugees can sponsor adult dependent relatives living overseas to join them when, owing to age, illness or disability, that person requires long-term personal care that can be provided only by relatives in the UK.

Child sponsors is an incredibly controversial issue and I am sure that it will provoke Members into seeking to intervene on me. It is important that we maintain the safety of children. Over the last six months or so, I have been really struck by the numbers of perilous journeys that have been made across the channel. In very many instances, children have been on board wholly unsuitable craft in the busiest shipping lane in the world. We know that those people have fallen prey to organised crime gangs and people smugglers and that they have paid enormous sums of money to have their lives put at risk. I am sympathetic to the view that we should carefully consider how we might expand our family reunion schemes, but I do not wish to do anything that sees yet more people and yet more children put in those terrible situations. We know that they are exploited by organised crime, and while we work hard with our colleagues here and abroad to ensure that there are arrests and convictions, it is an incredibly dreadful situation that we must seek to contend with.

[Stuart C. McDonald]

Everybody across the House wants to avoid people having to turn to people smugglers to get anywhere around the globe, but the point made by the hon. Member for Bromley and Chislehurst (Robert Neill) was that the rules, as they stand, force parents to turn to people smugglers if they are going to be able to join their family in the United Kingdom. It is having the opposite impact to what the Minister would like.

[Caroline Nokes]

I thank the hon. Gentleman for that intervention—the Whip is smiling at me. I just want to make the point, in slight defence of myself, that I am not blocking the Bill. The hon. Member for Na h-Eileanan an Iar knows that he must continue to persist with business managers, as I am sure he will.

In conclusion, I thank Members for their insightful and thought-provoking contributions. I will—I hope—continue to reflect on them in considering the Government’s approach on this going forward. I look forward to further debate on these points and others with hon. Members and stakeholders, who have made such an important contribution.

Visa Processing Algorithms

Caroline Nokes Excerpts

Wednesday 19th June 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I congratulate the hon. Member for Newcastle upon Tyne Central (Chi Onwurah) on securing this debate. I welcome her passionate contribution and recognise the importance of this issue and the sensitivities around it. She described herself as a tech evangelist and she has brought a great deal of knowledge and experience to the House in this debate and with some of the wider issues that she has consistently raised in the House since she arrived in 2010. I hope that the House will forgive me if I spend a bit of time focusing on the wider visa and immigration system before moving on to the specific points that the hon. Lady made, because she raised some wider concerns about the Home Office and the borders and immigration system.

We welcome people from all over the world to visit, study, work and settle here. We welcome their contribution and the fact that Britain is one of the best countries in the world to come and live in. That is why we operate a fair system, under which people can come here, are welcomed and can contribute to this country. However, we need a controlled system: because this is one of the best countries in the world to live in, many people wish to come here. A controlled system, where the rules that make that possible are followed, is what the Government are building and that is certainly what the public expect.

At the end of 2018, we published a White Paper on the future borders and immigration system, which will focus on high skills, welcoming talented and hard-working individuals who will support the UK’s dynamic economy, enabling employers to compete on the world stage. Following its publication, we have initiated an extensive programme of engagement across the UK, and with the EU and international partners, to capture views and ensure that we design a future system that works for the whole United Kingdom.

Just last week, as part of that engagement and as part of London Tech Week, I enjoyed the opportunity to participate in a roundtable with members of Tech Nation, where I was joined by the Minister for Digital and the Creative Industries, my hon. Friend the Member for Stourbridge (Margot James). That occasion is always a great opportunity for Ministers to engage in cross-Government work, to understand the challenges that our future visa system may provoke, and to understand how those who are actually using the system have been finding it and what aspirations they may have for the future.

When discussing the scale of our visa system, I always think it important to remind the House of just how large it is. Thousands of decisions are made every single day, the overwhelming majority of which are completed within published service standards and enable people to visit the UK, to study here, to work here, or to rebuild their lives here. In 2018, UK Visas and Immigration received more than 3.2 million visa applications, of which just under 2.9 million were granted. The service standard for processing a visit visa is 15 working days, and last year UKVI processed 97% within that target. As I have said, the UK welcomes genuine visitors, and more than 2.3 million visitor visas were granted for leisure, study or business visits—an increase of 8% in the past year.

The scale of the work that UK Visas and Immigration undertakes means that it has always used processes that enable it to allocate cases in as streamlined, efficient, and rapid a manner as possible to deliver a world-class visa service. It allocates applications to caseworkers using a streaming tool that is regularly updated with a range of data. The tool is used only to allocate applications, not to decide them. Decision makers do not discriminate on the basis of age, gender, religion or race. The tool uses global and local historical data to indicate whether an application might require more or less scrutiny.

As the hon. Lady explained so comprehensively, an algorithm is a series of instructions or a set of rules that are followed to complete a task. The streaming tool which is operated by UKVI decision-making centres is an algorithm, but I should make it clear that it is not coding, it is not programming, it is not anything that involves machine learning, and, crucially, it is not automated decision making. It is, effectively, an automated flowchart where an application is subject to a number of basic yes/no questions to determine whether it is considered likely to be straightforward or possibly more complex. As I said earlier, the streaming tool is used only to allocate applications, not to decide them.

[Chi Onwurah]

I thank the Minister for the remarks that she is making, and also for the way in which she is responding to my own remarks. She has said that the algorithm is used for allocation purposes. I understood that it was also used to assess risk. That is the “red, amber, green” traffic-light approach, which is about something slightly more than allocation.

[Caroline Nokes]

I am glad that the hon. Lady has made that point, because I was just about to deal with it.

As I have said, a decision maker assesses every application against the immigration rules, on its individual merits, and taking into consideration the evidence provided by the applicant. The effective streaming of applications ensures that those requiring more detailed and closer scrutiny are routed to appropriately trained assessing staff. It is essential in delivering enhanced decision quality by developing robust decision-making structures, and—as the hon. Lady just mentioned—directing a risk-led approach to decision manager reviews. Streaming does not determine the decision; it determines only the process that is undertaken before a decision officer assesses the application and the requirements for decision manager assurance.

Since 2015, UKVI has developed a streaming tool that assesses the required level of scrutiny attached to an application. It is regularly updated with data relating to known immigration abuses, and with locally relevant data. It is also used to prioritise work—for example, when the applicant has paid a priority fee for faster processing.

Streaming indicators can be positive as well as negative, and might include a previous history of travel to the UK and other Five Eyes or EU countries, or previous compliance with immigration rules. The streaming might indicate potential safeguarding concerns. It could also be used to indicate criminal records and of course a sponsor with a very good record of associated compliance. Use of the streaming tool creates a globally consistent approach and supports an objective data-driven approach to the consideration of an application. For every application regardless of its stream, an entry clearance officer must carry out a range of decision-making functions before arriving at a decision, most notably an assessment of whether an application meets the requirements of the relevant immigration rules.

The hon. Lady referred to the Independent Chief Inspector of Borders and Immigration. In 2017 his report on the entry clearance processing operations in Croydon and Istanbul raised no concerns that applications would be refused because of streaming and contained figures that indicated that over 51% of applications streamed as requiring further scrutiny were issued.

The hon. Lady referred to her significant and important work with the all-party group on Africa, and as she said I was very pleased to meet the group earlier this year. She will know that over 47,000 more visas were issued to African nationals in 2018 than in 2016, an increase of 14%. The percentage of African nationals who saw their application granted is up by 4% on 10 years ago and is only slightly below the average rate of the past 10 years of all nationalities. Visa applications from African nationals are at their highest level since 2013. The average issue rate for non-settlement visa applications submitted in the Africa region is consistent with the average issue rate for the past three years, which has been 75%.

The UKVI Africa region is responsible for the delivery of visa services across sub-Saharan Africa. The region currently processes in excess of 350,000 visa applications per year. On average—and in line with other regions—97% of non-settlement visa applications submitted in the Africa region are processed within the 15-day service standard.

There are 31 modern visa application centres in the Africa region, 28 of which offer a range of added-value services and premium products to enhance the customer experience and/or speed of processing. I had the privilege of visiting one of our visa application centres in Africa last year when I visited Nigeria and met a wide range of students who were coming to the UK to study.

The hon. Lady mentioned visas for performers at festivals. I am delighted to see the hon. Member for Edinburgh North and Leith (Deidre Brock) in her place, because I recently had a meeting with her and the Edinburgh festivals organisers. We had what I thought was a very constructive dialogue about problems that international artists may have previously experienced and how to ensure that there are improvements going forward. We are also working closely with the Department for Digital, Culture, Media and Sport to understand the requirements of the creative sector and, as part of the introduction of the future borders and immigration system, which will be phased in from January 2021, we are engaging widely across many sectors and all parts of the UK to work out how we can improve our system.

The hon. Lady asked a wide range of questions, some of which—such as those on the regulation of algorithms and the tech sector—are perhaps not best addressed by the Home Office. I was somewhat sad to have seen the Cabinet Office Minister my hon. Friend the Member for Torbay (Kevin Foster) leave his place. I spent a happy six months at the Cabinet Office as Minister with responsibility for a wide range of matters, including the Government Digital Service. In that role I did not perhaps come to the Chamber to discuss things very much, but the hon. Lady has made an important point about the design of algorithms and the painfully high prevalence of young white men in the sector. We all understand, particularly in terms of artificial intelligence and machine-led learning, that bias can certainly exist—I was going to say creep in, but I fear that is in no way explicit enough. Bias can exist when a narrow demographic is designing algorithms and machine-led learning. We must all be vigilant on that.

I am not going to stand at the Dispatch Box and promise regulation from the Home Office, because that would be inappropriate, but the hon. Lady has made some important points which must be taken up by the Cabinet Office and DDCMS to make sure that we have regulation that is effective and in the right place.

[Chi Onwurah]

I thank the Minister for her remarks, and I appreciate the approach that she has taken. I did not expect the Home Office to make the decisions on how algorithms should function within the Department. I am happy to hear her recognise the concerns that I have raised, but I fear she is coming to the end of her remarks, so may I ask her two things? Will she commit to discussing with the Cabinet Office, or whoever is responsible, how algorithms may or may not be implemented in her Department? I do not know whether she is made aware of this, or whether there is perhaps a working party. Also, will she accept the invitation to help to launch the report of the Africa APPG, from which I have quoted some excerpts in this debate?

--- Later in debate ---

[Caroline Nokes]

Turning to the hon. Lady’s second question first, I very much enjoyed coming and speaking to the Africa APPG, and I would be delighted to come to the launch, diary permitting. The hon. Lady will know that things are very fluid in the House at the moment, but I would certainly be pleased to come along to the launch of the report if at all possible. There is a significant amount of work to be done when it comes to the use of algorithms within and across Government. There is increasing use of greater technology not simply in the Home Office but in every Government Department, and the hon. Lady, as a tech evangelist, will welcome that. However, it is important that we get it right, and I am absolutely prepared to take away the 11 questions she has asked. I fear that they are somewhat above my pay grade, owing to their very technical nature, but we will undoubtedly provide her with answers; I absolutely commit to that. There is significant work to be done between the different Departments, including the Cabinet Office, to ensure that we get this matter right.

Question put and agreed to.