Windrush Compensation Scheme

Caroline Nokes Excerpts

Tuesday 9th April 2019 Commons Chamber

[Mr David Lammy (Tottenham) (Lab)]

(Urgent Question): To ask the Home Secretary if he will make a statement on the Windrush compensation scheme.

[The Minister for Immigration (Caroline Nokes)]

Righting the wrongs done to the Windrush generation has been at the forefront of my right hon. Friend the Home Secretary’s priorities. Last week, on 3 April, she made a statement to this House setting out the detail of the compensation scheme and announcing that it is now open to claims.

The Government deeply regret what has happened to some members of the Windrush generation and the launch of the compensation scheme marks a key milestone in righting the wrongs they have experienced. The scheme will provide payments to eligible individuals who did not have the right documentation to prove their status in the UK and suffered adverse effects on their life as a result. These could range from a loss of employment or access to housing, education or NHS healthcare, to emotional distress or a deterioration in mental and physical health.

Information on the scheme is now available. The claim forms and guidance notes can be found on the gov.uk website or requested from the freephone helpline. The scheme rules and caseworker guidance were also published online on 3 April. The helpline is already receiving calls and claim forms are being sent out. The Home Office has also started a series of engagement events. The first event was held in Brixton last Friday and the next event is scheduled for Southampton this Friday.

In due course, we will publish information on the scheme through our existing monthly reports to the Home Affairs Committee, including information on the number of claims submitted, the number of claims paid and the overall amount paid out by the scheme.

[Mr Lammy]

I should not need to remind anyone in this House that the Windrush scandal is a national disgrace. At least 11 people who were wrongly deported from the UK by their own Government have died. At least 164 British citizens were wrongly deported or detained. Home Office officials have told the media that 15,000 individuals may have been harmed by the contempt that their Department showed.

Last week, one year since the scandal broke, the Home Secretary finally announced the compensation scheme, to begin the process of reconciliation for the Government’s grievous errors. The Home Secretary apologised again, on behalf of the Government, for the failings and repeated his promise to do right by the Windrush generation. Crucially, he told members of this House:

“There is no cap on the scheme”

and

“it will be based on people’s needs”.—[Official Report, 3 April 2019; Vol. 657, c. 1048.]

His words seem to have provided false reassurance.

In the response to the Windrush compensation scheme document that the Home Secretary brought to this House, there was no detail of caps. Instead, that was quietly published online in a separate compensation scheme rules document, slipped out later on 3 April. MPs therefore had no chance to scrutinise or question the truth that his Department had set out incredibly strict caps to be awarded for different losses—a £500 payment for legal costs incurred; £500 for people who had been denied the chance to go to university; £1,000 for those wrongly obliged to leave the country under a so-called voluntary return scheme; and a mere £10,000 for people who were wrongly deported. Victims have correctly described these payments as “peanuts” and “insultingly low”.

I say to the Minister: £10,000 is less than one Secretary of State’s gross salary per month. Is that all that a person will have lost if they have been locked up, if they have been deported, if they have been made homeless, because £10,000 is all that they would get from her Department? Is this all it costs someone to be denied access to their family and friends for years or decades—to their own country? Is this the price that you put on my constituents being deported for no wrongdoing and nothing that they have themselves done? Is this how this Government value the lives of black Britons? I say to the Minister: you promised to do right by the Windrush generation, but quite rightly many of them think that they have been misled.

Let this be the final betrayal of the Windrush generation. Scrap the caps, and compensate them properly for the wrongs that have been done to them.

[Caroline Nokes]

I thank the right hon. Gentleman for his question. He is of course right to emphasise how important it is that we right these wrongs. I would like to give some further explanation. It is important to reflect that while we have worked very closely with Martin Forde to establish both the tariff-based scheme and actuals, so where people could evidence specific losses, they would be reimbursed for those losses, actually these different heads of claim, which can be claimed for, need not be in the singular but can be cumulative. There is also a discretionary category, which will enable people to claim for other losses, not necessarily identified within the scheme, which is uncapped. [Interruption.] The detail is provided in the scheme online, but it is important to reflect that while there is a tariff set at £10,000 for somebody who was wrongly deported, of course that could be in conjunction with other parts of the claim, which could add up to significant sums in addition to that.

[Henry Smith (Crawley) (Con)]

In addition to the Windrush compensation, can my right hon. Friend say when we will see pay-outs for the Chagos compensation scheme, which was set several years ago at £40 million to that exiled community over 10 years?

[Caroline Nokes]

My hon. Friend will be conscious that this urgent question is about the Windrush compensation scheme, but he will no doubt be reassured to hear that last week, when I met high commissioners from across the Commonwealth, that issue was raised with me, and I will be working closely with Home Office officials to update him on that.

[Mr Speaker]

Ooh, it is very striking to see the right hon. Member for Haltemprice and Howden (Mr Davis) and the right hon. Member for Sutton Coldfield (Mr Mitchell) beetling off together. It is almost certainly a conspiracy—but probably a conspiracy in the public interest, I feel sure.

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

I congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important urgent question.

The whole House knows that the Windrush generation was let down by successive Governments, Labour and Conservative, but with this derisory compensation scheme, the Windrush generation has been let down once again. I draw it to the attention of the House that although I did get early sight of the Home Secretary’s statement on 3 April, I was not provided with early sight of the scheme rules, and I appreciate the opportunity to question the Minister on them today.

This scheme compares very unfavourably with the criminal injuries compensation scheme, whose awards are aligned with compensation for loss under common law. Claimants are also allowed a statutory right of appeal of awards. They are also allowed legal aid for those appeals. None of that is true in any meaningful sense in the case of the Windrush victims. How can the Minister possibly justify that?

The Opposition believe that the Home Office must pay for losses actually incurred. For instance, claimants will be paid just £1,264 for denial of access to child benefit. It is easy to quantify what people would have lost altogether. Why cannot they get that exact sum of money back, plus interest? There is only £500 for denial of access to free healthcare. It is easy to quantify how much people had to spend when they had to access private healthcare. Why cannot they get that money back?

On awards, the scheme provides compensation for detention. However, in the false imprisonment case of Sapkota v. Secretary of State for the Home Department, the courts upheld three common law principles. First, detention is more traumatic for a person of good character. Secondly, a higher rate of compensation is payable for the first hour. Thirdly, historic damages awarded in precedent cases must be adjusted and uplifted to present-day values. The deputy High Court judge in that case awarded Mr Sapkota £24,000. This proposed scheme provides nothing like those common law damages.

The amounts offered for wrongful denial of access to higher education are pitiful. The scheme offers just £500, but all the research shows that the lifetime benefit of access to higher education is counted in tens of thousands, if not hundreds of thousands, of pounds.

This scheme is shoddy, unfair and unjust. Ministers did not make all the information available to Her Majesty’s Opposition when we were able to respond to the scheme. Some might say—I will not say it—that Ministers were attempting to conceal the reality of the derisory nature of their scheme. Above all, the Home Secretary said there was no cap. These tariffs are a cap. We are asking Ministers, even at this late stage, to review these unfair tariffs, remove the cap, and give this generation the justice they deserve.

[Caroline Nokes]

I thank the right hon. Lady for her comments, but given that the rules and guidance were published on the same day as the Home Secretary made the statement, it is somewhat unfair to suggest any attempt to conceal the scheme. Far from it: we have sought to publicise the scheme and to reach out to posts across the world with a selection of communication tools, and we invited high commissioners into the Home Office last Thursday to emphasise the scheme to them.

I will comment briefly on the published Home Office ex gratia scheme that was already in place and to which the Home Office and Martin Forde referred when considering this scheme. The ex gratia scheme provides a maximum £1,000 for someone who has been wrongfully deported. In arriving at the £10,000 figure for deportation, the Government considered that alongside the case law evidence of courts awarding a range of damages subject to individual case details. We regarded £10,000 as a more appropriate figure than the £1,000 in the existing scheme, which has been in place for many years.

The right hon. Lady mentioned the scheme of review. We have put in place a two-tier review: first, an internal review, whereby someone who is not content with the original decision can have it referred to a senior caseworker who was not involved in the original decision; and, secondly, independent of the Home Office, another tier of review will be considered by Her Majesty’s Revenue and Customs independent adjudicator.

With regard to caps on payments, this scheme is both tariff and actuals-based. The right hon. Lady raised the issue of those who might have been denied NHS care, where the tariff scheme involves an award of £500. However, if an individual incurred private healthcare costs, the actuals will of course be repaid. The Home Office is determined to work with its own information and with data held by other Departments and indeed by individuals more widely, so that we help claimants to establish their actual level of loss, where that is the most appropriate route.

[Mr Philip Hollobone (Kettering) (Con)]

I congratulate you, Mr Speaker, on granting this urgent question, and the right hon. Member for Tottenham (Mr Lammy) on tabling it. I commend the Minister for her work on the scheme; it is one that I very much welcome. How accurate are press reports that up to 600 people may have made false or fraudulent claims to the scheme?

[Caroline Nokes]

It is absolutely right to reflect that the scheme has been open only for very few days so far, but we have received claims, registered them and sent out claim forms, which we are expecting back. I am not aware of any fraudulent claims to this scheme, and I am very conscious that we have put in place a rigorous process, which will enable all claims to be assessed fairly and indeed with full rigour. It is important to reflect that the Home Office is determined to work with individual claimants. There may be cases in which Home Office data enable us to assist people to determine the level of claim, and we are absolutely determined to do that.

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

I congratulate the right hon. Member for Tottenham (Mr Lammy) on securing this important urgent question. It is imperative that the victims of the Windrush scandal are compensated justly for the terrible treatment that they endured.

I was a member of the Joint Committee on Human Rights which took evidence from two of the victims of this disgraceful scandal. Anyone who heard their testimony about the effect of wrongful detention, and of years of persecution and threatened deportation, would regard some of the amounts in this scheme as derisory. After a year-long wait for the compensation scheme, it is disappointing that it has serious flaws, some of which have already been enumerated by others. It seems to be a great deal more mean than was suggested by the Home Secretary at the Dispatch Box, when he said that there would be no cap on the scheme. A cap, however, has clearly been introduced through the back door by applying internal caps on pay-outs, which will equate in effect to caps on how much individuals receive.

As has been said, some of the pay-outs under the scheme are wholly unacceptable: £250 per month for people who were rendered homeless as a result of that unjust treatment; or a maximum award of £500 for legal affairs. The Home Secretary refuses to compensate people for the full cost of immigration law advice; he claims that they do not need legal advice to make an immigration application. Any of us who deal with immigration matters in our constituency surgeries knows that not to be the case. Those of us who study closely the Home Office files of the individuals who gave evidence to the Joint Committee on Human Rights will tell you that only with the assistance of lawyers did they manage to disentangle themselves from this mess.

Is it not time for the Home Secretary to admit that removing legal aid from immigration matters was a huge error? The Government must fully compensate those of the Windrush generation who had to pay out of their own pockets to defend themselves against that state injustice. Will the Minister accept that the minimal pay-outs under this scheme will achieve nowhere near justice for such people? Does she agree that, if the Government were truly serious about rectifying the wrongs of the scandal, they would look at this scheme anew and scrap the hostile environment, which already threatens to have the same impact on European Union citizens applying for settled status.

[Caroline Nokes]

I thank the hon. and learned Lady for her questions. She commented on the long wait for the scheme. She will of course recognise that not only did we appoint Martin Forde as an independent adviser to the scheme, but he came to the Home Office to ask for additional time, so that the consultation period could be open for longer. More than 1,400 responses were received to the consultation, and it was absolutely right to give adequate time for the responses to be considered carefully and thoroughly.

The hon. and learned Lady will be aware that the scheme includes both a tariff category and actuals. It is important to reflect that, where actuals have been accrued, the Home Office seeks to reimburse people through those fees. However, we recognise that it may be hard for people to provide evidence of actuals, which is why it was so necessary to put a tariff scheme in place as well, so that people would not be dependent simply on being able to provide the evidence.

The hon. and learned Lady made a wider point about the complexity of the Home Office’s immigration scheme. She will no doubt welcome the consultation on that being carried out by the Law Commission. If she has not already done so, I hope that she responds to that consultation before it closes, which I believe to be imminent.

[Richard Graham (Gloucester) (Con)]

Out of darkness can come light, and I therefore welcome today’s announcement, which builds on the earlier announcement and progresses the whole issue of compensation for those badly affected in the Windrush immigration scandal. In the Immigration Minister’s report, I particularly welcome paragraph 4.18, which clearly lays out compensation for employment, and 4.20, which does the same for benefits. I have one constituent—possibly two, but one definitely—who will deserve compensation in both those categories. Will my right hon. Friend the Minister confirm news about the telephone hotline and tell us how our constituents may access help with application forms, which can be a challenge, for the older generation especially?

[Caroline Nokes]

My hon. Friend is right to point out that claim forms can sometimes be difficult and onerous, for the elderly in particular. We deliberately designed the form after speaking to members of the Windrush generation, so that the language used was as simple and straightforward as possible. In addition, we made provision with Citizens Advice, so that it can assist people with their claims. Individuals from my hon. Friend’s constituency of Gloucester need only make contact with the helpline—I understand that the average wait time for an answer last week was just 18 seconds. His constituents should make contact with the helpline and they might then be referred to Citizens Advice, which will be able to provide assistance with making a claim.

[Marsha De Cordova (Battersea) (Lab)]

I too congratulate my right hon. Friend the Member for Tottenham (Mr Lammy) on securing this important urgent question. Compensation is just £1,000 for those individuals who were forced to leave this country under the so-called voluntary return scheme because they were unable to prove that they were justifiably able to reside here. Many people received letters from the Home Office warning them that they would need to leave the country because they were here illegally. How can the Minister justify paying compensation of only £1,000 to those who were forcibly removed from the country?

[Caroline Nokes]

The hon. Lady is right to point out that serious wrongs were done to members of the Windrush generation. That is why we set up the Windrush taskforce and put in place a compensation scheme, which was designed with the assistance of our independent adviser, Martin Forde. I recognise her, but it is important that we reflect on the advice that we were given and seek to have a scheme that is fair.

[Jeremy Lefroy (Stafford) (Con)]

I welcome the urgent question from the right hon. Member for Tottenham (Mr Lammy), whom I congratulate. I understand why the scheme is in the form that it is, but does the Minister agree that what is most important is that the end result is seen to be fair, particularly to those mentioned by the hon. and learned Member for Edinburgh South West (Joanna Cherry), the people whom we saw in the Joint Committee on Human Rights and who were detained unjustly for considerable lengths of time? Does the Minister agree that the end sum—adding all these bits together—should be seen in the eyes of the public as fair for what people in those circumstances have been through?

[Caroline Nokes]

I commend my hon. Friend for his work on the JCHR; I certainly recognise the moving and compelling testimony that the Committee listened to during the course of its inquiry. It is absolutely right that we reflect on the advice that we have received, that we seek to make the scheme as fair as possible, and that we put in place a scheme that can respond quickly and efficiently to claims. That is why we will have a taskforce that will be 120 strong at full complement. We have also made provision for individual claims for compensation to be split, so that the quick and easy parts of the claims to assess can be split off and paid immediately.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

The report of the Public Accounts Committee highlighted that this scandal does not stop with the Windrush generation, but that thousands of other Commonwealth citizens are affected, and my own caseload bears that out. When the Home Secretary came before the House to make his statement, he was not specific about whether the Home Office would go through the lists of people, identify those who could be affected and proactively contact them. Will the Minister either make that commitment today or acknowledge that the Home Office systems are just not fit for this purpose?

[Caroline Nokes]

My right hon. Friend the Home Secretary did make it clear last week that the scope of this scheme is not limited to Caribbean nationals and that almost all Commonwealth nationals who arrived before 1 January 1973 will be eligible to apply. It is important that we are working across the Commonwealth to highlight and emphasise to the high commissioners and our posts the wide cohort of people who will be eligible to apply, so that they can work with those people and claims can be settled.

[Tom Pursglove (Corby) (Con)]

I have previously raised the issue of the role for those affected in helping to design the scheme. Now it is in operation, will there continue to be a place for that input?

[Caroline Nokes]

My hon. Friend makes a really important point. Last week, the Home Secretary hosted an event for those affected, which was also attended by Wendy Williams, who is conducting the review, and Martin Forde. I was particularly struck by a number of individuals I spoke to who emphasised the need for continuing outreach, and that is why we are holding a programme of events across the country. Martin Forde has on many occasion reflected to me that this is about building and rebuilding trust, and I am particularly grateful to all those who have helped us to reach out to members of the Windrush generation so that we can try to do exactly that.

[Janet Daby (Lewisham East) (Lab)]

I thank you, Mr Speaker, for allowing this urgent question, and my right hon. Friend the Member for Tottenham (Mr Lammy) for requesting it. Does the Minister feel that £1,000 is an appropriate minimum award for injury to feelings in order to compensate black Caribbean people who felt that they were forced to leave this country and, indeed, left this country? These people have experienced many emotional traumas, including the loss of sleep, anger, fear, trepidation, loss of appetite, loss of earnings, vulnerability, fear and ongoing feelings of depression. Is that minimum fee of £1,000 just compensation?

[Caroline Nokes]

As the hon. Lady pointed out repeatedly, that is the minimum amount. Of course, the table of actuals and tariffs very clearly emphasises that there are sections for impact on daily life, with a range of awards, and for discretionary circumstances, where there is no cap. It is really important that we work to ensure that we reflect the impact on people’s daily life and on their mental wellbeing, and I believe that this scheme enables us to do that.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

Will the Minister acknowledge that one of the causes of the Windrush scandal in the first place was the disproportionate level of documentation from many years ago demanded by the Home Office to enable individuals to exercise their rights? It is rapidly becoming clear that the same mistake is being made in relation to this compensation scheme, so will the Minister urgently review not just the compensation cap that we have heard about, but also the scheme’s documentary requirements, so that no one is denied compensation due to missing documents from past decades?

[Caroline Nokes]

We have sought to have a scheme that is based on both tariffs and actuals, so that those who cannot provide evidence will be able to go down the tariffs route and not be expected to provide the evidence that those going down the actuals route would be able to provide. As I have already said, the Home Office wants to work with claimants to ensure that where evidence can be found—either from within Home Office records or from other Government Departments—we do exactly that, so that people are supported to get the compensation to which they are entitled.

[Emma Reynolds (Wolverhampton North East) (Lab)]

Detaining innocent people and threatening them with deportation is not only wholly unacceptable; it is dehumanising. The treatment suffered by my constituent, Paulette Wilson, was absolutely appalling. Why did the Government not come clean about these caps last week when we were in the Chamber questioning the Home Secretary? And how on earth did the Government come up with the figure of £500 per 24-hour period for the first 30 days of detention and £300 per 24-hour period for the subsequent 60 days? How were these amounts arrived at?

[Caroline Nokes]

As I am sure the hon. Lady will have heard me say, the amounts were arrived at in consultation with our independent adviser, Martin Forde, and by looking at both the ex gratia scheme that was already in place at the Home Office and at case law. She is right to say that detention is absolutely wrong for those who have no reason to find themselves in that situation. I have apologised to her constituent, Paulette Wilson. One can only hang one’s head in shame at the way in which the Home Office treated not just Paulette Wilson, but too many individuals of the Windrush generation. We are still ashamed of what happened and are desperately trying to put things right via this scheme.

[Carol Monaghan (Glasgow North West) (SNP)]

My constituent kept close records; his loss of earnings is over £50,000 and his solicitors’ fees run into the thousands. But this 59-year-old, who had previously worked all his life, has had his mental health so severely damaged by the failings of this Government that he now cannot hold down a job. First, will the Minister tell me exactly how people are supposed to provide actuals for jobs that they were not allowed to have? Secondly, given that my constituent is unlikely to work again, what provision is there within the compensation scheme for future loss of earnings?

[Caroline Nokes]

The hon. Lady is right to point out the severe impact on individuals of the Windrush generation. As I said previously, the Home Office is determined to work alongside HMRC, which will have evidence of previous earnings and the earnings level at which her constituent would have been, and to work with him through his own evidence. She indicated that he had kept close records through HMRC to ensure that he is properly compensated. As I mentioned earlier, there is also a discretionary element to the scheme that in some instances may well provide redress that is not otherwise identified in the tables.

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

My hon. Friend the Member for Manchester Central (Lucy Powell) and I are meeting constituents from Windrush families this Saturday, and I think there will be very considerable interest in the engagement events that the Minister mentioned, so it would be helpful to know whether she can provide local MPs with details of when these events might be coming to our areas. Due to the deep mistrust and scepticism about the Home Office, there may be reluctance to supply full information to enable a cost-based claim to be submitted, so will the Minister guarantee that there will be a firewall in place to ensure that any data supplied for the purpose of seeking compensation under this scheme is not used by the Home Office or any other Government Department for other purposes?

[Caroline Nokes]

Absolutely, I am happy to give that commitment. The hon. Lady makes an important point about the importance of outreach and of building trust. I am absolutely determined to do what she has asked and to provide information to hon. Members across the House of when there will be outreach events in their constituencies or close by. I recognise that, in the case of Manchester, a number of Members are close by. We will certainly provide that information.

As I mentioned, in many instances it is those from the community who can provide the greatest reassurance. I was struck last week when talking to two gentlemen from Birmingham by the emphasis they put on the work that their charity does in supporting individuals. I have taken a close interest in that and looked to see how the Home Office can provide additional assistance to such individuals, who provide such a useful bridge between Home Office officials and the community.

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

The first engagement event on the Windrush scheme took place on Friday in Brixton, just outside my constituency. It was called at just a day’s notice, it was not publicised systematically and I received an email late on Friday evening informing me of the event. That is simply not meaningful engagement and, frankly, it does not treat the community affected by the scandal with respect.

The application form requires a very high level of proof—for example, receipts from hostel accommodation used when someone was made homeless. That is comparable to the burden of proof that led many Windrush citizens to be wrongly denied their rights in the first place. Will the Minister agree to review the scheme to ensure that it works for Windrush citizens, is accessible to all and delivers the justice and recompense to which they are entitled? Will she undertake genuinely meaningful engagement, properly publicised, in the communities that are most affected?

[Caroline Nokes]

The hon. Lady makes an important point about the publicity surrounding events and the importance of doing it in a meaningful way. I am conscious that we have a schedule of events planned, but I am never happy when I think that information is provided at too short notice. I will undertake to ensure that that does not happen and that not only Members but affected members of the community are given adequate information about when events will take place.

We designed the application form and scheme in consultation with members of the Windrush generation, and we sought to make the form as straightforward as possible. Of course, there are sections that will be relevant to some claimants and not to others. I certainly hope it is clear that people are not expected to fill in every single section of the form. Where they are asked for evidence, that is if evidence is available. The Home Office is determined to work alongside individuals to ensure that where evidence is not available, people are assisted either to find it or directed towards the tariff route, where evidence will not be required to the same extent. It is important that we get the balance right, but the hon. Lady has made some important points that we will certainly take on board.

[Brendan O'Hara (Argyll and Bute) (SNP)]

I have been in correspondence with the Home Office for almost a year about the case of my constituent, Bobbi Vetter, who came to the UK as a baby 54 years ago and has lived nowhere else but the UK. Last year, she was offered a job in Oban but could not prove residency for a six-year period while she was here—a time when she was having and raising her children. Bobbi was unable to take that job and has been forced to live on universal credit. What compensation will Bobbi be entitled to? Will the Minister resolve to look at Bobbi’s case urgently to right this terrible injustice?

[Caroline Nokes]

I am sure that the hon. Gentleman would not expect me to stand at the Dispatch Box and indicate a level of compensation for his constituent, but I will very happily take away the details of the case, if he will provide them, and look into it.

Windrush Compensation Scheme

Caroline Nokes Excerpts

Monday 8th April 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

Yesterday the Home Secretary announced the launch of the Windrush Compensation Scheme. The Government deeply regret what has happened to some members of the Windrush generation and the launch of the compensation scheme marks a key milestone in righting the wrongs they have experienced.

Detailed information about the compensation scheme, including the rules that govern the scheme, with the forms and guidance that people need to make a claim, are available online at: https://www.gov.uk/guidance/windrush-compensation-scheme. Our helpline is also open now on: 0800 678 1925 for those wishing to receive printed copies of the claim form or for any other queries, this is free if calling from within the UK. Those calling from outside the UK will be called back.

I would like to clarify, further to questions raised with the Home Secretary on the Floor of the House, three issues in relation to eligibility to apply for compensation. The first is in relation to those who are not resident in the UK. A Commonwealth citizen outside the UK, who was settled in the UK before 1 January 1973, who has settled status, right of abode or is now a British citizen, or whose settled status has lapsed due to being absent from the UK for a period of two or more years is eligible to apply for compensation.

Secondly, the definition of a close family member for the purpose of the compensation scheme is a spouse or civil partner living with the claimant, cohabitee for continuous period of two years or more, a parent, a child or a sibling. Close family members are entitled to claim regardless of whether a primary claimant chooses to make an application and whether said claimant is deceased.

Thirdly, the definition of serious criminality for the purposes of the compensation scheme is defined as a conviction that received a sentence of imprisonment of four years or more, and that the offending was of such a nature that makes it inappropriate to make an award in whole or part. This provision does not apply to a conviction and sentence outside of the UK for conduct which on the date of the conviction was not an offence in the UK.

The Home Office is committed to raising awareness of the scheme, and to encouraging eligible people of all nationalities to submit a claim. Eligibility for compensation goes beyond members of the Caribbean Commonwealth, and we are putting in place a programme of events with key stakeholders, faith and community organisations to promote both the scheme and the wider work of the Commonwealth citizens taskforce. The first of such events is scheduled for Lambeth town hall on Friday 5 April and full details are available via the gov.uk page.

Regrettably, in promoting the scheme via email to interested parties, an administrative error was made which has meant data protection requirements have not been met, for which the Home Office apologises unreservedly.

This occurred in emails sent to some of the individuals and organisations who had registered an interest in being kept informed about the launch of the compensation scheme, which included other recipients’ email addresses. Five batches of emails, each with 100 recipients, were affected. No other personal data was included.

A recall was commenced as soon as the problem had been identified. The departmental data protection officer has been informed and an internal review will be conducted to ensure this cannot happen again. The Department has voluntarily notified the Information Commissioner’s Office of the incident.

I am firmly committed to doing right by the Windrush generation. The compensation scheme is an important step towards that and I will ensure that action is taken to ensure the highest standards are met not only in the processing of cases, but also in continued efforts to publicise the scheme and ensure those entitled to redress receive it.

[HCWS1496]

UK Fishing Industry: Non-EEA Visas

Caroline Nokes Excerpts

Monday 8th April 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate, and I am grateful to the other hon. Members who have intervened.

As the right hon. Gentleman pointed out, this is not the first time he has had an Adjournment debate on this topic. The last occasion was indeed on 11 July last year, although I would like to correct my hon. Friend the Member for Moray (Douglas Ross), who made the point that England were losing their World cup semi-final. If I remember correctly, they were not losing while we were having the debate; it was not until we had adjourned to the Smoking Room that I managed to see England lose. As an English Member responding to contributions from a number of Scottish colleagues that night, I was very conscious that they may have slightly different ambitions for the evening when it came to the football.

At the invitation of the right hon. Gentleman, I would like to bring the House up to date with what has happened in the nine months since we were last gathered for a debate on this important subject. The first thing to mention is that I spent some of last summer on the road. It is always—perhaps particularly at the moment—good to get away from this place. I visited agricultural and fishing communities in both Scotland and Northern Ireland, and I was able to listen at first hand to the concerns of those working in those industries. I found it incredibly valuable to hear what they had to say.

The second point—the right hon. Gentleman referenced this significantly in his speech—is that the Migration Advisory Committee issued its report on the impact of EEA migrants last September, with recommendations on the future system. The MAC took evidence from a wide range of organisations and individuals and visited every region of the United Kingdom, and that included talking to representatives of the fishing sector. I recognise that not everybody agrees with the MAC’s conclusions—probably an impossibility, given the subject matter—but I do not think that anyone can dispute the thoroughness and rigour of its approach.

[Mr Carmichael]

I very much dispute the rigour and thoroughness. The MAC has taken a broad range of views, in a broad range of sectors. It has given no specific consideration at all to the needs of the fishing industry. Will the Minister, either by going back to the MAC or else by some other route, ensure that we get the proper consideration of the industry’s needs that—as surely must be apparent from the parts of the report that I have read out—they have not yet been given?

[Caroline Nokes]

The right hon. Gentleman will be conscious that the MAC’s commission was quite wide ranging—as I pointed out, it spoke to the representatives of the fishing industry—but he will also be aware that at present it is conducting a review of the shortage occupation list at all levels. Whereas previous reviews have looked at higher skill levels—I will address the definition of skills in a moment—this time round the MAC has been asked to look at all skill levels and so will consider industries such as fishing, which we have been talking about this evening.

The hon. Member for Central Ayrshire (Dr Whitford) talked about skill levels, and I think it is worth expanding briefly on that point. As the Minister, I am conscious that when we discuss visas and immigration matters we often use the terminology of skilled and highly skilled. That is in no way to denigrate the range of different skills that are necessary across a wide range of industries. I have had a number of meetings, particularly over the last couple of weeks, in which we have talked about the care sector. Nobody would suggest that those working in care were not highly skilled, with a range of perhaps softer skills, which are absolutely necessary when caring for those with disabilities.

However, the MAC was clear when it gave its advice to us in the autumn that there was no case for schemes for particular sectors in the immigration system, other than agriculture, which has some unique characteristics. Instinctively, that has to be the right approach. Governments should avoid picking particular sectors of the economy for special treatment. That would inevitably be a highly subjective process and a major distortion of the operation of the market. It is also noticeable that the text of the recent report by the expert advisory group on migration and population established by the Scottish Government does not mention fishing once. The MAC has concluded that immigration is not the answer to depopulation in local areas—a point that the right hon. Member for Orkney and Shetland referred to—and that there other measures that the Scottish Government could look to.

[Mr Carmichael]

Is the Minister telling the House, then, in all seriousness and sincerity, that she agrees with the suggestion that, instead of a sector-based scheme, we should be looking at expanding the youth mobility programme?

[Caroline Nokes]

If the right hon. Gentleman exercises some patience, I am coming to a number of points that I would like to make.

It is crucial that the House reflects on the fact that the White Paper published in December was the start of a year-long engagement across different regions of the United Kingdom and different sectors of industry. To date, there have already been in excess of 45 engagement events or roundtables, and we have taken evidence from 650 different organisations or individuals in the first three months of this year alone. That process will continue over the course of this year, because I am conscious that we are introducing a future immigration system that will have to reflect the realities of a post-Brexit Britain and that will have to be sufficiently flexible and adaptable to address the needs of an economy that undoubtedly will change in future. It is important that we listen to the concerns raised by industry and hon. Members and get it right.

[Jim Shannon]

I remind the Minister of the evidence from the Anglo-North Irish Fish Producers Organisation that we left with her when I and other hon. Members went to speak to her. The organisation advertised across the whole of Europe, and of the 140 people who replied only five actually came forward. That is an indication that across Europe we cannot get the people to do the jobs and so, if I can use a fishing term, we have to cast our net wider to get the right people for the job. Those are the facts of the case.

[Caroline Nokes]

As the hon. Gentleman will have heard me say, we have also asked the MAC to look at a revision of the shortage occupation list. He will know that we have suggested the introduction of a separate shortage occupation list for Northern Ireland, as well as consulting on one for Wales, in addition to the separate list that we already hold for Scotland.

We need to be mindful that tying workers to particular employers or sectors can increase the risk of exploitation. I am sure hon. Members will be aware that recently four United Nations rapporteurs wrote to the Irish Government to point out that their scheme, which has been put in place in Ireland to bring in non-EU workers to work in the fishing industry there, is giving rise to forced labour and exploitation on Irish fishing vessels. There is evidence that laws on minimum wage, maximum hours and safety —the right hon. Member for Orkney and Shetland is laughing as I say this—have been widely flouted.

[David Duguid]

On the subject of exploitation, I hope my right hon. Friend is looking forward, as I am, to her visiting my constituency in the near future to see the conditions in which a lot of non-EEA workers live and work. I would also like to bring her back to the numbers required in this case. In the horticultural sector, the Home Office has already made an allowance in the form of a pilot scheme for 2,500 people. Without getting into a debate about whether that is enough for that sector, that is twice as many as the number that we are talking about for this sector. The latest estimate I have from the Scottish White Fish Producers Association is that we currently have 800 non-EEA crew members, with 400 from the EU. After Brexit, that will be a total of 1,200, which is less than half the number that will be provided for the horticultural sector. Can such a number of visas be made available to see us through on a non-permanent basis while, at the same time, we develop skills locally?

[Caroline Nokes]

I have listened to my hon. Friend on this subject on many an occasion. He is a forceful and passionate advocate for the industry. On the seasonal workers scheme in the edible horticultural sector, it is important that we have the opportunity to evaluate the scheme and reflect on it, but I am certainly listening closely to the calls this evening for a similar scheme for fishing.

I am conscious that I only have a few minutes left, but I would like to focus attention on the White Paper, which, as I said, we published back in December. I have already indicated that we will have a year of engagement —we are already three months in. It is important to reflect on the fact that the MAC has already suggested that we reduce the skill level from RQF 6 to RQF 3 for those seeking to come to the UK, post the introduction of the new immigration system. As I said earlier, I am not for one moment suggesting that no skill is required to work in the fishing industry. Indeed, having spoken to people in the sector in both Scotland and Northern Ireland, I am full of admiration for those who work in what are extremely difficult, challenging and sometimes downright dangerous conditions. Having given that important clarification, I would like to repeat that the MAC advised that there should be no specific route for those undertaking jobs below RQF 3. We recognise, however, that after 45 years of free movement, many businesses and employers have come to rely on a steady stream of lower skilled migrant labour. We do not wish to create a cliff edge. Accordingly, the White Paper sets out our intention that as a transitional measure we will create a temporary visa that will allow migrants from low immigration risk countries to come to the UK for up to a year to work in jobs at any skill level.

The White Paper does not represent the Government’s last word on this topic; quite the reverse. It is the start of the conversation, not the end, and we are talking to every sector of the economy across every nation of the United Kingdom and every region of England. As I said earlier, Ministers and officials have held 45 meetings with more than 650 stakeholders, and that work will continue in the coming months. I confirm that it will include representatives of the fishing sector. I also hope that it will give me the opportunity to get out and about and visit the constituency of my hon. Friend the Member for Banff and Buchan (David Duguid).

I have the Minister for Agriculture, Fisheries and Food, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), with me this evening, and Members will be aware that the Fisheries Bill is making is progress through the legislative process. With that, I conclude my remarks.

[Mr Carmichael]

On a point of order, Mr Speaker. I sense that the Minister has finished her comments. I want to place on record that she said that I was laughing in relation to safety at sea.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 1st April 2019 Commons Chamber

[Damien Moore (Southport) (Con)]

4. What support he is providing to EU citizens applying to the EU settlement scheme.

[The Minister for Immigration (Caroline Nokes)]

The Government’s approach has been informed by extensive, regular engagement with external stakeholders representing the needs of a broad range of people, to ensure that the EU settlement scheme is accessible to all. The Home Office has introduced a range of support, including £9 million of grant funding for voluntary and community organisations, and support via the EU Settlement Scheme Resolution Centre.

[Damien Moore]

I welcome the Government’s honest and transparent approach, which I know gives EU citizens living in my constituency the reassurance that they need. What steps is the Minister taking to give EU citizens as much reassurance as possible throughout the whole process?

[Caroline Nokes]

The EU settlement scheme opened fully on Saturday, and we have worked with EU citizens to make it as simple and straightforward as possible. Last week, we launched a £3.75 million programme of communications that provides both information and the underlying message that EU citizens are our friends, our colleagues and our neighbours, and we want them to stay.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I have met the Minister to discuss this, but will she tell the House what assurances she can give those who are not citizens of the European economic area but are married to EEA citizens? Under the current system, they have to obtain the permission of those EEA citizens to secure their settled status, regardless of whether or not they are victims of domestic violence.

[Caroline Nokes]

I thank the hon. Lady for that question. It is not correct that people have to get the permission of somebody who may well be a perpetrator of domestic violence, but it is important that, through our £9 million of grant funding, we work with groups and support the most vulnerable in the community so that they can help evidence their time in the UK and be granted status through the channels that we have put in place.

[Theresa Villiers (Chipping Barnet) (Con)]

In the light of contact I have had with a constituent who is undergoing cancer treatment, may I urge the Minister to state in the clearest terms that EU nationals living in this country will continue to be entitled to NHS treatment?

[Caroline Nokes]

That is absolutely correct. There will be no loss of entitlement to NHS services and treatment, and I thank my right hon. Friend for her assistance in conveying the message to her constituents that we want our EU friends and neighbours to be able to stay and access the services and benefits to which they are entitled. That is important.

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

As the Minister says, the EU settled status scheme opened at the weekend, but the Government have not introduced a right of appeal to a tribunal against a decision under it. So in the event of a dispute about whether a person qualifies, the only means of independent redress is judicial review, which can be expensive and time-consuming. Does the Minister agree that that is not satisfactory? Will she commit to introducing a proper right of appeal?

[Caroline Nokes]

Of course, the hon. and learned Lady will know that an entire package of citizens’ rights for EU citizens is planned as part of the withdrawal agreement. That will provide the route, and her party might consider voting for it.

[Joanna Cherry]

As always, the Minister does not answer the question. It seems to me that there is no intention of introducing an independent right of appeal. Perhaps she can answer this question: the Costa amendment required the Government to ring-fence what had already been agreed for EU citizens’ rights; what progress has been made on securing that ring-fencing? Will the Prime Minister raise the matter at the EU Council on 10 April?

[Caroline Nokes]

I thought my response was quite clear. I reiterate to the hon. and learned Lady that the best way to ring-fence citizens’ rights is to vote for the deal.

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

As of 30 March, the EU settlement scheme is fully open. Efforts to promote the EU settled status scheme are too little, too late. No matter how well the Government advertise, there will be people who fail to apply before the deadline. Even if that is just a small percentage, hundreds of thousands of people will be stripped of their rights and subjected to the hostile environment. Will the Government accept proposals for a declaratory scheme—the only way to avoid a repeat of Windrush for EU citizens?

[Caroline Nokes]

I thank the hon. Gentleman for his question. He will of course know that the first three phases of the scheme were in testing mode, and it opened publicly for the first time on Saturday. That was designed to coincide with a widespread communications campaign, on which the Government are spending £3.75 million. He well knows that we debated the issues about a declaratory scheme in the Committee stage of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. We are very conscious of the fact that we want people to have status that they can evidence. That is why we put the scheme in place. They will have digital status, which will provide them with the ability to share just the information that is required for landlords and employers. I encourage all hon. Members to ensure that EU citizens living in their constituencies take part in the scheme.

[Karin Smyth (Bristol South) (Lab)]

5. When his Department plans to publish a response to its review of air weapons regulations.

--- Later in debate ---

[Sir Vince Cable (Twickenham) (LD)]

10. What steps he is taking to facilitate the recruitment of people from (a) EU and (b) non-EU countries to meet demand for NHS and careworkers after the UK leaves the EU.

[The Minister for Immigration (Caroline Nokes)]

The White Paper, published in December, proposes a route for skilled workers of any nationality coming to do jobs at RQF—regulated qualifications framework—level 3 and above. It will be uncapped, allowing all those meeting the requirements to come here. The right hon. Gentleman will of course recall that the Home Secretary lifted the tier 2 cap for NHS workers last July.

[Sir Vince Cable]

Freedom of movement has allowed 20,000 nurses to be recruited to the NHS. Some 5,000 have left since the referendum and there are 41,000 vacancies, with many more in other occupations, such as careworker. While the Government are consulting on the salary cap level, can the Minister guarantee that there will be sufficient flexibility to allow these relatively low-paid but scarce occupations to be fully recruited and filled?

[Caroline Nokes]

The right hon. Gentleman will have heard earlier that, as at December 2018, we had over 5,200 more EU nationals working in the NHS in England than we did at the time of the referendum in 2016. He makes an important point about careworkers. During the engagement going on as part of the White Paper, this issue has been raised with me and the Government are certainly listening carefully. I am working closely with the Minister for social care and later this week we will be attending a roundtable on exactly this subject.

[Mr Philip Hollobone (Kettering) (Con)]

Kettering General Hospital recruits doctors and nurses from the European Union and from non-EU countries. Will it be able to continue to do both once we have left the EU?

[Caroline Nokes]

I thank my hon. Friend for that question. The answer is: absolutely. The proposals we have put forward in the White Paper will ensure that there is absolutely no discrimination in respect of those seeking to come here from EU countries and from non-EU countries.

[Emma Little Pengelly (Belfast South) (DUP)]

In Northern Ireland, social care is fully integrated within the Department of Health. Many of the jobs that supply vital services to older people, both in care homes and across the community, are filled by EU mainland nationals. What conversations has the Department had with the Department of Health in Northern Ireland to ensure this vital flow of employment and workers can continue post Brexit?

[Caroline Nokes]

I thank the hon. Lady for that question. It is important to note that just last week I held a roundtable with representatives from the Scottish and Welsh Governments, and civil servants from Northern Ireland. It is important that we make sure we have a future immigration system that works for the whole of the UK, and we are determined to do so.

[Emma Dent Coad (Kensington) (Lab)]

11. What recent assessment he has made of the capacity of fire inspectors to assess the fire risk of commercial and residential buildings.

--- Later in debate ---

[Teresa Pearce (Erith and Thamesmead) (Lab)]

14. What steps he is taking to ensure that local authorities settle the status of the children of EU nationals in their care.

[The Minister for Immigration (Caroline Nokes)]

The Home Office’s comprehensive vulnerability strategy ensures that the EU settlement scheme is accessible for all, including children in care. The Home Office is engaged with the Department for Education, the Local Government Association and the Association of Directors of Children’s Services to assess the needs of this group and ensure that they are met. I have welcomed their ongoing contribution to the development of the scheme.

[Teresa Pearce]

The Home Office’s testing of the EU settlement scheme has highlighted real challenges for this group of vulnerable children. Across five authorities, only 16 children have secured settled status. Does she agree that, as corporate parents to these vulnerable children, we should be giving automatic settled status, and that those eligible for citizenship should have their fee waived to avoid any risk of them becoming undocumented and causing a second Windrush scandal?

[Caroline Nokes]

As the hon. Lady knows, five local authorities took part in the private test phase, making applications on behalf of children for whom they had full parental responsibility. They reported that the process was quick and easy for them to use. As I have said previously, we have a comprehensive vulnerability strategy and are working hard to make sure that the scheme is accessible and handles all those who are marginalised or at risk with the sensitivity that is required.

[Sir Edward Leigh (Gainsborough) (Con)]

T1. If he will make a statement on his departmental responsibilities.

--- Later in debate ---

[Patricia Gibson (North Ayrshire and Arran) (SNP)]

T7. Can the Secretary of State guarantee effective steps to encourage EU nationals to come to, and stay in, the UK to meet demand for NHS and care sector workers post Brexit? Does he accept that those sectors are facing a recruitment and retention crisis, with about 104,000 current health and social care workers who now feel unwelcome and undervalued?

[The Minister for Immigration (Caroline Nokes)]

The hon. Lady will have heard me say earlier that we are working very hard with the social care sector and listening to organisations such as the Local Government Association. A couple of weeks ago, I met not just the LGA but the Convention of Scottish Local Authorities to talk about the importance of the social care sector and to make sure that our future immigration system is able to recruit people with the skills and the talents that we need to come to the whole of the United Kingdom.

[Charlie Elphicke (Dover) (Con)]

T4. With more arrivals by small boats across the English channel, will the Minister update the House on progress with aerial surveillance and gaining the agreement of France for migrants to be returned, to most effectively deter the people traffickers behind the migrant crisis?

[Caroline Nokes]

My hon. Friend is right to emphasise that it absolutely is people traffickers and organised crime gangs who are encouraging people to make this extremely perilous crossing. We deploy aerial surveillance, but the House will appreciate that I will not be able to discuss our covert assets in detail. He is right to emphasise that we are working with a number of member states, including France, to facilitate returns. About 20 individuals who have crossed via small boat have been returned to date, and further returns are in progress.

[Mr Steve Reed (Croydon North) (Lab/Co-op)]

T8. Local authorities are formally responsible for applying to the EU settlement scheme on behalf of looked-after children, but it is not clear what support is available for vulnerable adults such as elderly people with dementia. With potentially just 11 days left until we leave the EU, will the Minister now confirm what support will be made available to help vulnerable adults secure their status before the UK leaves?

[Caroline Nokes]

The Government have made available £9 million of grant funding to charities and other organisations to support vulnerable people, including vulnerable adults in the care sector, through this process. We have already, through the test phase, been working closely with a number of local authorities, and there has been an extensive engagement process with the LGA and other local government bodies to make sure that we get this right.

[Fiona Bruce (Congleton) (Con)]

T5. Does my right hon. Friend agree that while stop-and-search is a vital tool in the fight to tackle serious violence, to be truly effective, police need to be empowered to use it in an intelligence-led way?

--- Later in debate ---

[Caroline Nokes]

The minimum income threshold was set after consideration of advice from the independent Migration Advisory Committee. The Supreme Court has endorsed the lawfulness of that approach and agrees that the minimum income requirement strikes a fair balance between the interests of UK citizens wishing to sponsor a non-EEA spouse and of the community in general.

[Chris Green (Bolton West) (Con)]

T9. I would like to thank my right hon. Friend on behalf of my constituent, Janine Aldridge, for his work in looking into concerns about the retention of human tissue. On behalf of Ms Aldridge, I wrote to the Mayor of Greater Manchester on 17 July 2017 to raise concerns about the retention of her daughter’s tissue samples, which has led to the family holding three separate funerals. I was disappointed recently to receive a letter from the chief constable of Greater Manchester police, indicating that it has not undertaken a formal investigation into her complaint and was unaware that that was expected, despite Ms Aldridge meeting the Mayor and his deputy. Will my right hon. Friend urgently investigate this matter, so that the Aldridge family can have confidence that they have finally laid Leah to rest and to ensure that this never happens again?

Draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Caroline Nokes Excerpts

Monday 18th March 2019 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration, Nationality and Asylum (EU Exit) Regulations 2019.

Delivering a deal with the EU remains the Government’s priority. We are, nevertheless, preparing for a range of scenarios. As the Prime Minister has pointed out:

“The legal default in UK and EU law remains that the UK will leave the EU without a deal”

on 29 March

“unless something else is agreed.”—[Official Report, 13 March 2019; Vol. 656, c. 464.]

UK domestic law has given effect to the obligations in the fields of immigration, nationality and asylum that arise from our membership of the European Union. The UK has also been subject to directly effective EU law. When we leave the EU, aspects of our legislation and retained direct EU law will fail to operate effectively; if they are not modified or revoked by this instrument, they will contain deficiencies.

The draft regulations will make changes to a range of domestic primary and secondary legislation to prevent, remedy or mitigate deficiencies in law that arise from the UK’s exit from the EU. They will ensure that if the UK leaves the EU without a deal, our statute book will operate on exit day until new legislation on these issues is commenced.

First, the draft regulations will make the technical changes required to correct wording in our legislation that describes the UK in terms of our membership of the European Union or the European economic area. Those changes will not alter the legislation’s effect. Similarly, the draft regulations will make technical amendments to domestic legislation that refer to EU rights retained by the European Union (Withdrawal) Act 2018.

Secondly, the draft regulations will revoke relevant retained EU legislation relating to immigration. They will also revoke a number of instruments that give effect to the UK’s membership of the EU asylum acquis and that will be inoperable on exit. By leaving the EU, the UK will also leave the asylum acquis. The draft regulations will therefore revoke the Dublin regulation and the Eurodac regulation.

Thirdly, the draft regulations will make a number of transitional and saving provisions in relation to the measures that they will amend, so that the amendments in question do not have an inappropriate effect in respect of decisions or other actions taken before their commencement.

Finally, the draft regulations will apply the UK rules for criminality to EEA, Swiss and Turkish nationals. This amendment applies only to their conduct after exit. Our intention, which the Home Secretary has already announced, is to apply the same rules to new arrivals, irrespective of which country they come from.

The Government believe that we must plan for every eventuality, including a no-deal scenario. In introducing the draft regulations, we are taking practical steps to ensure that the UK statute book will operate effectively on exit in the event that the UK leaves the EU without a deal. The draft regulations will prevent deficiencies in immigration and asylum law that arise from the UK’s leaving the EU, and will ensure continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the future borders and immigration system. I commend the regulations to the Committee.

--- Later in debate ---

[Caroline Nokes]

I fear that I will not make a speech-ette, but there will certainly be no ploughing on regardless either. I am grateful for the Committee’s contributions to the debate and I will address some of the issues raised.

The hon. Member for Manchester, Gorton asked why we are not using the immigration Bill for these provisions. Of course, these provisions are very much in preparation for no deal, which is an eventuality that I do not want. The Government continue to work hard to secure a deal, but unless alternative arrangements are made, it is the default legal option. As he pointed out, the immigration Bill has just completed its Committee stage in the Commons and, to be frank, we do not expect it to have Royal Assent by 29 March, which is when these measures might be needed.

The use of secondary legislation and the immigration rules, as the hon. Gentleman mentioned, is a long-established method that we have used to make changes to the immigration system. Under those well-established procedures, such changes are still subject to proper parliamentary oversight and debate, including through Committees such as this. The hon. Gentleman will know, as we discussed at the Committee stage of the immigration Bill, that the Law Commission is currently conducting a public consultation on the simplification of the immigration rules, commissioned by the Government. We look forward to receiving its response and considering its report in due course. As he knows, I am on record as having said that such simplification is much needed.

The right hon. Member for East Ham and the shadow Minister mentioned the Dublin III regulation, which is arguably the most significant regulation revoked by this instrument. As Members will be aware, the Dublin regulation contains rules for establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in a member state by a third-country national or a stateless person, and the legal framework for returning asylum seekers to, and accepting them from, the EU. This instrument ensures that the statute book will continue to function effectively for asylum in a no-deal scenario and provide transitional arrangements. Should the UK leave the EU with no deal, those Dublin requests relating to family reunification that are still pending resolution will continue to be considered under existing provisions. That would apply to any take-charge requests that we have received before exit.

[Stephen Timms]

I am grateful to the Minister for that reassurance that applications that are already in the system will continue to go forward. However, given that the Government have committed to seeking to extend the Dublin III arrangements for good if we get a deal, should this SI not provide for us to continue those arrangements in the event of no deal as well? I cannot think of any reason why leaving the EU without a deal should prove disadvantageous to families seeking reunion under the existing asylum arrangements.

--- Later in debate ---

[Caroline Nokes]

I welcome that intervention, but we have to be realistic about leaving the European Union and needing a cut-off date. Dublin is a reciprocal mechanism, and we cannot oblige other EU member states to comply with the process after the UK has left the EU. The right hon. Gentleman is absolutely correct: we want a comprehensive readmission agreement that could include family reunion, if that were reciprocated. However, given the wider issues at stake with the EU, including matters such as data adequacy, we cannot continue Dublin III post exit.

As a consequence of leaving the EU, the UK will no longer be a participating state in the Dublin regulation. That certainly presents a challenge, but it also presents us with an opportunity to seek new agreements with the EU on asylum that better reflect our position as a third country. Since 2016, we have accepted more Dublin transfers than we have returned to our EU partners. The latest available published data shows that 209 people were returned to the EU27 under Dublin 2018, meaning that returns under that regulation make up about 5% of total asylum returns.

This instrument is designed to prevent any deficiencies arising from the UK leaving the EU. It ensures continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the future new borders and immigration system. On that basis, I commend the regulations to the Committee.

Question put.

Draft Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Caroline Nokes Excerpts

Monday 11th March 2019 General Committees

[The Minister for Immigration (Caroline Nokes)]

I beg to move,

That the Committee has considered the draft Immigration (European Economic Area Nationals) (EU Exit) Order 2019.

It is a pleasure to serve under your chairmanship, Mr Austin. The Government’s priority is to protect the rights of European economic area and Swiss citizens living in the UK. Deal or no deal, they will be able to stay and apply to the EU settlement scheme, which will be fully open from 30 March. Delivering a deal with the EU remains the Government’s priority; nevertheless, we are preparing for a range of scenarios.

In a no-deal scenario, we will end free movement as soon as possible after exit, subject to parliamentary approval of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. Once free movement has ended in a no-deal scenario, our intention is that transitional immigration arrangements will be put in place until the new skills-based immigration system is introduced in January 2021. Let me be clear: the arrangements would not apply to EEA and Swiss nationals who were here by 29 March this year. They would apply to people seeking to come to the UK after we had withdrawn from the EU. Under the temporary arrangements, EEA and Swiss nationals would be granted three months’ leave to enter automatically, with no restriction on their ability to work or study. Their experience at the border would be unchanged, including their use of e-gates.

[Michael Fabricant (Lichfield) (Con)]

I am delighted with the idea of the motion, particularly as Iceland and Norway were two of my biggest clients when I was in business selling radio stations—that is not relevant, I know. What I would like to know is whether the measure is reciprocal. Will we have similar rights for United Kingdom citizens hoping to work in, say, Ríkisútvarpið or in the Norsk rikskringkasting in Oslo?

[Caroline Nokes]

Which is easy for my hon. Friend to say. In a deal scenario, it is certainly intended to be reciprocal, but, with no deal, it is a unilateral offer that we are making, because we value the contribution EU citizens can make.

If EEA and Swiss nationals wished to stay for longer than three months, they would need to apply for a 36-month European temporary leave to remain, beyond which they would need to apply under the new skills-based immigration system.

The draft order supports the approach I have just described. First, it provides the mechanism by which, in a no-deal scenario, EEA and Swiss citizens arriving after free movement has ended will automatically be granted three months’ leave to enter. Secondly, it makes changes to support the EU settlement scheme in both a deal and a no-deal scenario.

[Vernon Coaker (Gedling) (Lab)]

If someone is automatically granted entry, there will be no stamp or visa in their passport, so how will we know when the three months are up and they have to apply to stay on?

[Caroline Nokes]

The hon. Gentleman makes a point. I gently remind him that they receive no stamp in their passport now; they travel through e-gates with no stamp, and the order extends that right.

[Vernon Coaker]

Will the hon. Lady give way again?

[Caroline Nokes]

If the hon. Gentleman stops chuntering from a sedentary position, that will allow me to finish responding to his first intervention. Those citizens will come through the e-gates and receive their automatic three months’ leave to enter, but beyond that it is important to reflect that we will have left the European Union and there will indeed be a change.

[Vernon Coaker]

I apologise for chuntering; I do not normally chunter—I normally shout. My question is: how will we know when the three months are up? Currently, they have the right to stay, but they will presumably have to leave after three months unless they apply to stay for longer. How will the enforcement authorities know that the three months are up?

[Caroline Nokes]

The hon. Gentleman is right to point out that we will be transitioning to the new system, so there will be very light-touch enforcement. It is important to reflect, however, that the process is changing until the point at which we introduce the new immigration system in 2021.

[Nic Dakin (Scunthorpe) (Lab)]

Would the Minister like to clarify what “light-touch enforcement” looks like?

[Caroline Nokes]

As we have always said, we will take a proportionate approach to EU citizens. It is important that people have the right to be here, but they must apply for temporary leave to remain. That is an important distinction. It is not our intention to have a robust enforcement process, but from 2021 people will be expected to have leave to be here. It is important that we reflect that, once the Bill that we took through Committee last week is on the statute book, free movement will have ended.

The order also provides that the settlement scheme leave granted to a Crown servant who is an EEA national, a member of Her Majesty’s forces or somebody accompanying them will not lapse because of an overseas posting.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

The Minister is obviously moving on to the exceptions, which I am sure most people will welcome. On the three-month period, the order says that people will be granted leave to enter for a limited period where specified circumstances are met. How will anyone know whether those specified circumstances are met if there will be no application, limit or checking? Is she implying that people can simply come in and stay for three months without any interaction?

--- Later in debate ---

[Caroline Nokes]

It is absolutely the Government’s intention that EEA nationals and Swiss nationals should be able to come through the border in the same way that they do now, using their passport either at an e-passport gate or a passport control point. There will be no checking; it will be the same process. We recognise that, until 2021, when the future borders and immigration system comes in, there will be a transitional period. It is absolutely our intention to facilitate the movement of EEA nationals so they can come and go without the requirement of a visa. Should they wish to stay for longer than a three-month period, the expectation is that they will have to apply for temporary leave to remain.

This order also facilitates overseas applications to the settlement scheme, and clarifies that scheme applicants will not need to pay the immigration health charge. These are important measures to support the delivery of the EU settlement scheme and our no-deal contingency planning. I commend the order to the Committee.

--- Later in debate ---

[Vernon Coaker]

I agree absolutely. That is the point I am making to the Minister. By the way, I agree with the hon. Member for Lichfield about reciprocal arrangements. The Opposition Front-Bench spokesman made the same point, and the Government will no doubt be arguing the point with other EU countries. Irrespective of the rights and wrongs of the policy, however, the least that the public can expect is that it will be bureaucratically cohesive. My point and that of the House of Lords is this: how can it be when we have no idea about how the three months will be judged? Will it be guessed? Will the employer, the university, the college or somebody in the family have to say? I say honestly to the Minister that nobody has a clue and that she needs to have a better answer about how enforcement will take place.

Let me ask another point about the bureaucracy. How long will the process take if somebody thinks, after a couple of months, that they might need to stay? What happens if they go beyond the three months but they are applying for indefinite leave to remain? Does that stop the enforcement action? I am saying this because sometimes I contact the Home Office and it takes months to get a reply. Again, the issue is the bureaucracy. I am not saying whether the policy is right or wrong, but what will happen? Is the enforcement action automatically put on hold if somebody has applied and they go beyond the three months? Is the enforcement action automatically stopped? I hope that I have made sense.

The Minister has confirmed that the application is free, but how long will it take? It would be helpful if she explained to the Committee what will happen with respect to all that process. Can she explain what “enforcement” means? Is it gentle persuasion, or what? Enforcement sometimes means people going round and forcibly removing individuals. Is that what we expect to happen in the worst circumstances? Is it a possibility?

Let me move on from the three months. If somebody gets indefinite leave to remain, is that forever? Does indefinite leave mean that they can stay? If somebody then leaves the country—

[Caroline Nokes]

I want to make to the hon. Gentleman a really important point of clarification. He has repeatedly used the phrase “indefinite leave to remain”. That is not what we are discussing: we are discussing temporary leave to remain.

[Vernon Coaker]

So after the three months, somebody has temporary leave to remain. Then they go back—outside the country. The Minister, in the measure, extends the period from two years to five years, when that temporary leave presumably stays—the Minister will have to explain that, because there is confusion. The explanatory note talks about this, and the House of Lords Committee has written about it. In relation to the temporary arrangements, if the period for which somebody can be outside the country is extended from two years to five years, how will they prove that they have that entitlement if there is no stamp in their passport, or no document?

[Caroline Nokes]

It is important to make this distinction. The five years for which somebody can be outside the country does not relate to the European temporary leave to remain; it relates to the EU settled status scheme. Those are two quite separate things.

--- Later in debate ---

[Caroline Nokes]

I am very grateful for the Committee’s contributions—not least the suggestion that I am about to eat this elephant one bite at a time. A number of specific issues have been raised, and I will try to address each in turn.

The hon. Member for Manchester, Gorton asked whether the draft order should have been included in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. I gently point out that these vital protections as part of the EU settled status scheme can be put in place now, before that Bill gets Royal Assent. If we had waited for the Bill, we would not have been able to open the EUSS fully by 30 March, which I am sure Members will agree is a significant priority.

The hon. Gentleman mentioned the Costa amendment, which of course the Government agreed to the week before last. Both we and the EU have been very clear that providing certainty for citizens is a priority, and of course—Members might expect me to say this this afternoon—the best way to do that is to secure a deal with the EU. Reaching an agreement remains the Government’s priority, but we did accept the amendment tabled by my hon. Friend the Member for South Leicestershire (Alberto Costa), and we have written to the EU to seek clarification on its position on ring-fencing the citizens’ rights part of the withdrawal agreement. The Foreign Secretary has written to all his counterparts, and we are holding further urgent discussions with EU member states to seek assurances on the rights of UK citizens in those states.

The hon. Gentleman asked why Swiss nationals are permitted only four years’ absence, as opposed to the five years we have indicated for EU nationals. For those granted settled status as Swiss citizens and their family members, the period of absence will be up to four consecutive years, which is in line with the citizens’ rights agreement negotiated with Switzerland and the reciprocal arrangements that will apply to UK nationals in Switzerland under that agreement. He sought assurance that resident EEA nationals who apply to the settlement scheme from overseas will be treated in the same way as those who apply in the UK. I confirm that that will be precisely the case.

I now turn to the knotty issue of European temporary leave to remain, which has occupied the concerns of many Members this evening, and what leave people should apply for after three months. I hope to be able to clarify that. In the event of no deal, and following the end of free movement, EEA and Swiss nationals would need to apply for European temporary leave to remain if they wished to stay longer than three months. There would be no restriction on their ability to work or to study. That would apply only in the event of no deal—as I said a few moments ago, we very much hope that there will be a deal—but it would allow EEA and Swiss nationals to stay in the UK temporarily for 36 months.

I absolutely heard the representations by the hon. Member for Central Ayrshire and others about the important issue of those studying at Scottish universities and those studying longer courses at universities in the rest of the UK. That issue is important, and I am listening very closely and considering advice on how we can best adapt the scheme to reflect that there may be people studying medicine, for example—as we all know, that course is a significantly longer than three years—or, of course, studying for PhDs.

[Dr Whitford]

I thank the Minister for coming to that subject, which is of particular concern. It says in the explanatory memorandum that there was no consultation, and it is very clear that there was no consultation with the Scottish Government or Scottish universities. Will the Minister undertake to explore this issue, both with respect to longer courses such as medicine and taking into account the fact that the norm in Scotland is a four-year honours course?

[Caroline Nokes]

The hon. Lady may be aware that as part of the future immigration system, I am consulting on specific issues, along with Home Office colleagues and officials across the whole United Kingdom. The 36-month temporary leave to remain is uppermost in the minds of organisations such as Universities UK, and representations were made about it in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill Committee’s recent evidence sessions. Home Office officials and Ministers are very much alive to the issue.

The hon. Member for Manchester, Gorton mentioned the fee level for the European temporary leave to remain. He will be aware that we do not comment on leaks, but the announcement on fees will be made shortly. The European temporary leave to remain scheme is being developed, and would be delivered, using infrastructure already in place for the EU settlement scheme. In the event of a deal, we will not need the temporary leave to remain scheme; in the event of no deal, we would not expect the inflow of EEA citizens to be any greater than the number of people arriving during the implementation period between exit and 31 December 2020 in a deal scenario, who would otherwise have been eligible for the EU settlement scheme. We are therefore confident that we will have sufficient capacity to process applications.

Hon. Members asked about the EU settlement scheme, which is in its third public testing phase. I would like to give an update: there have now been more than 160,000 applications under the scheme, of which the vast majority have been settled within three days. We are pleased with the progress made, but of course we continue to keep it under very close observation.

[Vernon Coaker]

For the benefit of the Committee, that is 160,000 out of how many?

[Caroline Nokes]

The hon. Gentleman will be very well aware of the figure used: 3.5 million. I am sure that he cannot be unfamiliar with that figure, because we mention it a lot of the time.

As I said, the scheme is still in a testing phase. It is important to emphasise that it is still not fully open; if the draft order is approved, the scheme will open on 30 March and will then be free. I am sure that hon. Members will be relieved to hear that last week we laid before Parliament the statutory instrument that will enable us to make the scheme free and effect refunds to those who have already been through it. Individuals will not have to apply for refunds; they will be made automatically to the card originally used to pay the fee. In the relatively few instances in which the card has expired in the meantime, we will make provision to contact the relevant individuals and ensure that they are refunded.

[Dr Whitford]

The Minister says that in a deal situation, those who come for longer, such as students, will apply for settled status. They will not have been here for five years, so on what basis will they be able to apply? Someone who comes as a student will still require a visa to stay for a number of years, whether they stay permanently or go back after their time as a student.

--- Later in debate ---

[Caroline Nokes]

In a deal situation, an individual who comes here as a student will be perfectly entitled to apply for the EU settled status scheme. They do not have to have been here for five years; they can be granted pre-settled status and then accrue the five years over their stay in the UK. Some students may well not want to do so, because they may intend to leave after their period of study, but in a deal scenario, that option will be open to them.

[Dr Whitford]

May I ask the Minister to clarify that point? If students or people coming for a circumscribed period do not want to apply for settled status, will the temporary leave to remain still exist? She suggested that it would exist only in a no-deal scenario.

[Caroline Nokes]

The hon. Lady is right to pick up that point. Temporary leave to remain is a mechanism that we intend to use in a no-deal situation, not in a deal situation. In a deal situation, people will have exactly the same rights as they have now to come, apply for the settled status scheme and stay for the duration of their studies. She is right to highlight the issue of those who may be here for longer; these are matters on which we are in intense discussion, both with our EU counterparts and with the Department for Education.

Several hon. Members asked about right to work and right to rent checks. In our December White Paper, the Government made it clear that there will be no changes to the system of right to work or rent checks until the future border and immigration system is introduced at the start of 2021. In the meantime, European economic area nationals will continue to be able to demonstrate a right to work or rent by using a national passport or ID card. Alternatively, they may use the online checking service if they have been granted status under the EU settlement scheme. Non-EEA family members will use Home Office documentation. We have made it clear that we will not require employers to conduct retrospective checks on their existing EEA workers when the future border and immigration system is introduced.

[Alison Thewliss]

rose—

[Caroline Nokes]

I want to cover some more ground, because I am conscious that if I do not complete my comments, there will be a vote at 7.30 pm without my having responded to many of the points that have already been made.

The hon. Member for Central Ayrshire raised the issue of how individuals would know whether they had met the conditions to qualify for automatic leave. The draft order sets out the conditions that need to be met to qualify for automatic leave. They include a person being an EEA or Swiss national; holding an EEA or Swiss passport or national identity card; requiring leave to enter—that is, not having been previously resident in the UK before it leaves the European Union; and being entitled to apply for the EU settlement scheme.

A number of Members raised the issue of enforcement and how we would establish whether people had been here for more than three months. Those EEA and Swiss nationals who arrive after free movement has ended, in a no-deal scenario, should apply for European temporary leave to remain if they wish to stay longer. I am clear on the importance of clear communication, so that individuals understand their status. Upstream communications would seek to ensure that individuals are aware of the requirement to apply for European temporary leave to remain if they wish to stay longer than three months.

The Home Office is working closely with other Departments on communicating the immigration arrangements in a no-deal scenario to key sectors and stakeholders. That includes information on gov.uk to reassure inbound travellers, which went live on the 4th of this month. In addition, preparations are under way for a comprehensive communications campaign in two weeks. As I mentioned, the EU settled status scheme has so far received well over 160,000 applications. I have referred to the SI that will ensure that the scheme fee is lifted and that refunds will be possible.

A number of Members mentioned Windrush; the scheme’s design anticipates many of the Windrush issues. EEA nationals will have plenty of time to make an application. There are dedicated caseworking teams. Support is available for the vulnerable on the phone, in local libraries, in a dedicated call centre, and even in people’s homes. The Home Office has made available £9 million of grants to organisations working with the vulnerable, to enable them to assist those people in the process.

It is important that we provide clear communications on the rights of those in the UK before the UK leaves the EU, and on the requirements for those who arrive after the UK leaves. If EU citizens in the UK prior to exit fail to apply under the settled status scheme, they will not be here actively unlawfully in the same way as clandestine entrants or overstayers. We will give those who have reasonable grounds for missing the deadlines further opportunities to apply.

There was mention of entry via Ireland. We do not operate routine immigration controls on journeys from within the common travel area to the UK. However, EEA and Swiss citizens entering from Ireland will benefit from the leave by order provisions. Those entering from the Crown dependencies will already have leave granted by the islands, recognised by the UK under our integrated legal framework.

The hon. Members for Central Ayrshire and for Glasgow Central raised the subject of women who might be in abusive relationships. We accept a wide range of documents to evidence five years of residence, and dedicated casework teams will help applicants to prove their residence. As I said, we are providing £9 million of funding to help those with vulnerabilities, which is important to ensure they can access the support services we have targeted specifically at them.

I was asked in which circumstances leave would be cancelled at the border. The automatic leave to enter provision will ensure that we can continue to smooth the passage of legitimate travellers through the border, while maintaining the security of the borders. The ability to cancel leave is therefore a key element in making sure we maintain the correct balance.

A question was raised about whether the EU settled status scheme was compliant with the requirements of the general data protection regulation. We take our data protection and security responsibility very seriously. All our data activity must be compliant with the data protection legislation. We want to reassure applicants that we do not allow access to their information by any unauthorised person or body, and can share data only where it is absolutely necessary and where we have a legal basis for doing so.

There are some good examples of where the ability to share data has been of benefit, not least in the settled status scheme’s ability to share information with HMRC and the Department for Work and Pensions; that has enabled a significant majority of those going through the process to have achieved settled status already, without having to provide any additional information. The hon. Member for Gedling spoke about the complexity of the immigration rules, and I have some sympathy with his view. He may not yet be aware of the Law Commission’s consultation on the immigration rules, which is specifically designed to make them simpler and more straightforward, but I urge him and all hon. Members to participate in it.

[Vernon Coaker]

I wish them luck!

[Caroline Nokes]

The hon. Gentleman wishes them luck; on my first day as Immigration Minister, I made the point that the more than 1,000 pages of immigration guidance and rules was excessive, and asked what steps we could take to simplify them. I very much hope that this process with the Law Commission and, indeed, the future borders and immigration system will be simpler and more straightforward than our current system, which of course has evolved over many decades.

Questions were raised about how long the European temporary leave to remain applications would take. As I have said, we intend to use the architecture of the EU settled status scheme and for the applications to be similarly streamlined. Some 75% of applicants in the most recent phase of the EU settled status scheme received their decision within three days.

There were also questions raised about the automatic leave provisions allowing individuals to travel into and out of the UK, and to be granted leave to enter for three months at a time on each arrival. This arrangement is absolutely intended to avoid a cliff edge and to smooth the passage of legitimate travellers across the border after the end of free movement. My hon. Friend the Member for Poole stressed the importance of avoiding cliff edges and allowing ourselves time to transition to the new borders and immigration system, which of course will not be introduced until January 2021.

The arrangements are, as was intended, similar to the status quo under EU law. EU nationals can live here for three months, but their right to stay in the UK for longer than three months is conditional; they must be a worker, a student or self-sufficient. Temporary leave to remain, just like settled status, will have a digital status, so people will be able to provide evidence of their right to be here. Non-EEA dependants will have biometric immigration cards.

The hon. Member for Glasgow Central mentioned allowing EEA nationals to travel into and out of the UK frequently. That is absolutely our intention. We want them to be able to travel smoothly and easily. Some of her other comments related more broadly to the immigration White Paper, which she will be aware we are engaging on over the course of this year, and not necessarily to the statutory instrument before us.

[Dr Whitford]

Has there been any discussion between the Minister’s Department and the DWP about the fact that women are being disenfranchised from benefits such as universal credit, as they are struggling to provide the necessary proof, even though the UK is still in the EU? She mentions that temporary leave to remain will be like settled status, but the three parts of settled status are the passport, the HMRC check and the criminal check. If someone has only been here three months, there will be no significant HMRC or criminal records.

[Caroline Nokes]

The suggestion would be that European temporary leave to remain should be about identity and declaration of any criminal convictions, as with the EU settled status scheme, and that it would omit the HMRC check—although the issue is not necessarily an HMRC check, but evidence of residence. The Government will take as evidence of residence a wide variety of proofs; it does not have to be an HMRC check.

The hon. Lady raised the question of conversations between the Home Office and the DWP; I must say that they occur on a regular basis. I am conscious, and not only from matters raised with me by right hon. and hon. Members across the House, that there have been occasional incidents to date, and those are problems we are working hard to iron out with the DWP.

[Alison Thewliss]

The reason I mentioned the £30,000 threshold was to ask whether it would apply to people who are coming in for three months at a time and working.

[Caroline Nokes]

As I said, the hon. Lady is confusing this with the future borders and immigration system, which will enter service in 2021. We are engaging on that threshold over the course of this year. It is absolutely not part of the order and applies not to European temporary leave to remain, but to the future borders and immigration system; I hope that hon. Members have understood that. With that, I commend the order to the Committee.

Question put.

EU Settlement Scheme

Caroline Nokes Excerpts

Thursday 7th March 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

My right hon. Friend the Home Secretary is today laying before Parliament a statement of changes in immigration rules (HC 1919). The changes provide for the full opening of the EU settlement scheme from 30 March 2019 for resident EU citizens and their family members to obtain the UK immigration status which they will require in order to remain here permanently after the UK’s withdrawal from the European Union.

The Government are also laying before Parliament today two negative procedure statutory instruments: the Immigration and Nationality (Fees) (Refund, Waiver and Amendment) (EU Exit) Regulations 2019, which provide for no application fee for the scheme as announced by the Prime Minister on 21 January 2019, and the Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019, which, in part, make changes associated with the scheme to other secondary legislation.

Protecting EU citizens’ rights remains our number one priority. We value the contribution they make to the social, economic and cultural fabric of the UK and we want them to stay. The best way to protect their rights, and those of UK nationals resident in the EU, is for the UK to reach a withdrawal agreement with the EU. However, as a responsible Government we are planning for all scenarios. In response to the proposal put forward by my hon. Friend the Member for South Leicestershire (Alberto Costa), my right hon. Friend the Secretary of State for Exiting the European Union has written to the EU about the possibility of a joint UK/EU commitment to preserving the citizens’ rights part of the withdrawal agreement in the event the UK withdraws from the EU without a deal. We await their response. The full opening of the EU settlement scheme will enable EU citizens and their family members to secure their UK immigration status whether a deal is reached or not.

In the light of the successful testing of the online application process for the scheme during the private beta test phases from August to December 2018, in which we received and processed more than 30,000 applications, a public beta test phase of the scheme began on 21 January 2019. This phase is open to resident EU citizens (and their EU citizen family members) with a valid passport, and to their non-EU citizen family members with a valid biometric residence card. In this public beta phase, we received more than 120,000 applications by the end of February 2019, enabling us to test the system at a greater scale than previous phases.

By the end of February 2019, more than 105,000 of these applications had been concluded, with 71% granted settled status, the rest granted pre-settled status and none refused. 75% of these applicants received their decision within three days and 80% of those who provided feedback found the online application process easy, or fairly easy, to complete. A report on the public beta test phase will be published after its conclusion on 30 March 2019.

This means that, since the opening of the initial private beta test phase on 28 August 2018, we had, by the end of February 2019, received more than 150,000 applications under the scheme, of which 135,000 (nearly 90%) had already been concluded. Of these concluded cases, 71% were granted settled status, with the rest granted pre-settled status and none refused.

The Government therefore intend to go ahead, as planned, with the full opening of the EU settlement scheme from 30 March 2019. The immigration rules for the scheme contained in the new appendix EU include the following changes to the scope of the scheme:

Resident citizens of the other European Economic Area (EEA) countries (Iceland, Liechtenstein and Norway) and of Switzerland, and their family members, will also be able to apply for UK immigration status under the scheme, in line with the citizens’ rights agreements reached with those countries;

EEA and Swiss citizens and certain family members will from 9 April 2019 be able to apply under the scheme from outside the UK, so that they can obtain status under it, based on their previous residence in the UK, without needing to travel here in order to make an online application;

The scheme will be open to the family members of British citizens who were exercising their free movement rights under EU law before returning to the UK (“Surinder Singh” cases), and to the family members of certain dual British/EU citizens (“Lounes” cases);

The scheme will be open to others lawfully resident in the UK by virtue of a “derivative right” to reside, based on wider EU law. These are “Chen carers” (the primary carer of a self-sufficient EEA citizen child), “Ibrahim and Teixeira” cases (a child of a former EEA citizen worker who is in education in the UK and their primary carer), and “Zambrano carers” (the primary carer of a British citizen child or dependent adult);

Residence in the Crown dependencies (Guernsey, Jersey and the Isle of Man) will be counted as UK residence for the purposes of the scheme, consistent with the wider operation of the common travel area;

EEA and Swiss citizens previously resident in the UK will be able to count as UK residence for the purposes of the scheme time spent on an overseas posting as a Crown servant, as will a partner or child of any nationality accompanying such a person or accompanying a member of HM Forces on an overseas posting. Such EEA and Swiss citizens have made a strong commitment to the UK by serving overseas in this way, or by accompanying someone who is doing so, and this should not disadvantage them under the scheme; and

Consistent with the basis on which the scheme will operate in a “no-deal” scenario, provision is made for the “specified date”, by which EEA and Swiss citizens will need to be continuously resident in the UK and certain relevant family relationships will need to be formed, to be 29 March 2019 in that scenario rather than 31 December 2020.

The new appendix EU also includes the following changes to the application process for the scheme:

There will be no application fee under the scheme, as the Prime Minister announced on 21 January 2019;

In certain circumstances, an application under the scheme will be made on a paper application form rather than through the online application process, including in “derivative right” cases where the applicant will need to provide additional information to that generally required under the scheme, and in exceptional circumstances, where provision of a paper application form complements the assisted digital support available for applicants who need help to complete the online application process;

Applicants in the UK will be able to rely on a wider range of documents as proof of their identity and nationality: their valid national identity card for an EEA or Swiss citizen, as well as their valid passport, and their valid passport or biometric residence permit for a non-EEA/Swiss citizen family member, as well as their valid biometric residence card;

There will be scope for applicants to submit their identity document by post to be checked and returned to them quickly, as an alternative, for EEA/Swiss citizens and for non-EEA/Swiss citizens with a biometric residence card, to use the identity verification app or visit one of the locations at which they can be helped to use this (of which there will be at least 50 across the UK by 30 March 2019); and

There will also be scope for the Secretary of State to accept alternative evidence of identity and nationality where the applicant is unable to provide the required document due to circumstances beyond their control or to compelling practical or compassionate reasons.

This statement of changes in immigration rules makes the following other provision associated with the EU settlement scheme:

Consistent with the draft withdrawal agreement with the EU, the new appendix EU (Family permit) provides for a non-EEA/Swiss citizen who is the family member of an EEA/Swiss citizen with status granted under the EU settlement scheme to apply for an entry clearance to join that EEA/Swiss citizen in the UK, or to accompany them here, whether for a short stay or to make an application under the scheme in the UK;

Changes to part 1 and part 9 of the rules to ensure that the grounds for the revocation of an entry clearance granted under appendix EU (Family permit), the refusal or cancellation of leave to enter held by virtue of a person having arrived in the UK with such an entry clearance, and the cancellation or curtailment of leave to enter or remain granted under appendix EU are consistent with the EU law public policy tests for conduct committed before 31 December 2020 (or before 29 March 2019 in a “no-deal” scenario) and with UK suitability provisions for conduct thereafter; and

Enables an application for administrative review of a decision under the scheme to be made outside the UK as well as within the UK, reflecting the scope for overseas applications under the scheme.

The full opening of the EU settlement scheme from 30 March 2019 will provide a straightforward and user-friendly means for resident EEA and Swiss citizens and their family members to remain here permanently. They make a huge contribution to our economy and society and the full opening of the scheme is tangible evidence that we want them to stay.

Further information about the EU settlement scheme is available on gov.uk and was summarised in my 12 February 2019 letter to colleagues. This contained links to a range of further communications material about the scheme which community organisations and others may find helpful, and is available at: https://www. gov.uk/government/publications/eu-settlement-scheme-update

[HCWS1387]

Immigration Rules

Caroline Nokes Excerpts

Thursday 7th March 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

My right hon. Friend the Home Secretary is today laying before the House a statement of changes in Immigration Rules (HC 1919).

Entrepreneurs and investors play key roles in creating jobs and driving economic growth and innovation in the UK. The Government are committed to ensuring our immigration system continues to attract individuals from around the globe who will create innovative businesses in the UK and make substantial investments in our economy.

The changes we are introducing today include two new visa routes that enhance the UK’s offer to overseas entrepreneurial talent:

The start-up visa, announced by my right hon. Friend, the Home Secretary, in June 2018, will provide for those starting a new business for the first time in the UK.

The Innovator category will be for more experienced business people who have funds to invest in their business.

Both new categories will build on the endorsement model which has proved successful in our graduate entrepreneur and exceptional talent routes. Business experts, rather than the Home Office, will assess applicants’ business ideas for their innovation, viability and scalability, to identify those that will bring the greatest benefits to the UK. These organisations will include business accelerators, seed competitions and Government agencies, as well as higher education providers.

These new routes will replace the existing tier 1 entrepreneur and graduate entrepreneur routes, which have attracted some high-quality businesses, but the tier 1 entrepreneur route also has a long tail of low quality projects which contribute little or nothing to the wider UK economy. We will keep the existing routes open for a transitional period to allow those who are already in them to extend their stay and settle if they meet the existing requirements.

The immigration rules for the new routes are designed to be clearer and easier to read. Endorsement will reduce the evidence which applicants need to submit to the Home Office and provide them with greater certainty. The rules for extensions and settlement are more flexible, recognising there are many ways in which a business may benefit the economy. Accelerated settlement continues to be available for the most successful innovators, and extensions of stay are provided for those whose businesses fail and who wish to try a new business idea.

Parliamentarians and anti-corruption campaigners have expressed concerns about whether the tier 1 Investor route is sufficiently robust against financial crime. There is also more that can be done to increase the benefits of applicants’ investments to the UK economy.

We are therefore introducing changes that require investors to provide evidence of the source of any investment funds they have obtained within the last two years—up from 90 days at present. We are requiring UK banks to confirm they have carried out the checks they are required to make before opening an investment account. We are excluding investment in government bonds and tightening the rules around investment in companies.

We also intend to require investors to undergo enhanced checks on their financial situations and business histories, carried out by a UK regulated auditor, before making a visa application. We are working with industry to develop this requirement, with a view to introducing it in a future immigration rules change.

Minor changes are being made to the Government stateless leave policy to simplify the route to settlement for those who are genuinely stateless by granting an initial 5 years’ limited leave rather than 30 months’. We are also taking steps to protect the integrity of this route and deter abusive applications by making clearer in the rules that someone must show they have tried to obtain a nationality or right of permanent residence in a country they could reasonably expect to be entitled to, before benefitting from stateless leave.

In May last year, my right hon. Friend the Home Secretary, committed to look again at what we could do to make it easier for family members of Afghan locally engaged staff, who worked for UK forces in Afghanistan, to come here. Minor changes will give effect to this commitment, so those who were part of a family before the local staff member relocated can benefit from the relocation scheme rather than having to apply under family migration rules.

Finally, appendix H of the immigration rules contains a list of countries of low immigration risk whose nationals benefit from a streamlined application process for students. 2018 saw the expansion of visa national countries included in appendix H for the first time, which benefitted tens of thousands of students.

Careful consideration is given to which countries could be added to appendix H, taking into account objective analysis of a range of factors including the volume of students from a country and their tier 4 immigration compliance risk. The latest annual review of appendix H has resulted in the inclusion of Brazil, Kazakhstan, Mauritius, Oman, Peru and Tunisia; whilst Argentina, the Maldives, and Trinidad and Tobago are being removed from the list. This will result in approximately 4,500 additional students being able to benefit from appendix H.

The list of countries in appendix H will be kept under review and regularly updated to reflect the fact that countries’ risk profiles change over time.

[HCWS1388]

Families of Commonwealth Soldiers

Caroline Nokes Excerpts

Tuesday 5th March 2019 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

I thank the hon. Member for Inverness, Nairn, Badenoch and Strathspey (Drew Hendry) for bringing this subject to our attention during tonight’s debate. As he said, we are all rightly proud of our armed forces and the contribution made to the tri-services, whether it be the Army, the Royal Air Force or the Royal Navy, by our Commonwealth personnel. There is a long tradition of recruitment from the Commonwealth, which we are all proud to see continuing. Like the hon. Gentleman, I have a military base in my constituency—the School of Army Aviation at Middle Wallop.

In the Home Office, as in all other Departments, we are absolutely committed to upholding our obligations under the armed forces covenant, to ensure that no one who is serving or has served, or their family, is disadvantaged because of that service. The Home Office works closely with the Ministry of Defence and the individual services to make sure that those who choose to enlist in Her Majesty’s forces are well informed and fully aware of what the immigration requirements are for them and their families.

As the Immigration Minister, I am responsible for the borders, immigration and citizenship system, including how it applies to the armed forces. That includes our provisions for foreign and Commonwealth members of Her Majesty’s forces, foreign and Commonwealth family members of our service personnel and members of international armed forces and their families. I am also the Minister with responsibility for the armed forces covenant and veterans’ issues in the Home Office, which means I take a direct interest in the issues affecting our current and former service personnel and their families. I take extremely seriously my role of ensuring that the immigration system operates in supporting the families of our dedicated service personnel who join Her Majesty’s forces from Commonwealth countries. That involves keeping up to speed with the work conducted by the Ministry of Defence and other Departments in delivering our cross-Government commitment to our armed forces covenant obligations. It also includes keeping our policies relating to the armed forces under review, and acknowledging and championing where our policies are meeting our covenant obligations.

[Drew Hendry]

I am grateful for the Minister’s comments about the armed forces covenant. Will she take account of the request of the AFF and Cobseo foreign and Commonwealth cluster group urging the Government to consider the principles of the covenant with regard to the family needs of Commonwealth soldiers?

[Caroline Nokes]

Well, of course. I think I have already indicated that we have to look at the needs of not only service personnel and former service personnel but their families when considering our obligations under the covenant.

As the subject of today’s debate is families of commonwealth soldiers, I trust that hon. Members will find it helpful if I set out some of the Government’s policy background. From December 2013, a dedicated part of the immigration rules known as “Appendix Armed Forces” was introduced. As the name suggests, it was developed especially for the family members of those who had chosen to enlist as members of Her Majesty’s forces. The purpose of the change was to align dedicated routes with the broader immigration framework. It was also designed, with joint input from the MOD, to ensure that the provisions therein fulfilled our obligations under the armed forces covenant. Although the military sponsor remains exempt from immigration controls for the duration of their service, family members who come to the UK to join them are considered under the dedicated rules for Her Majesty’s forces families in “Appendix Armed Forces”.

As members of Her Majesty’s forces are regularly posted abroad and their families are rightly encouraged to accompany them, the rules make special provisions to account for that. First, a standard grant of limited leave for Her Majesty’s forces family members is for five years, rather than the 30 months that is standard for other family applications. Importantly, that saves them the cost of a second application fee. Secondly, time spent overseas on an accompanied posting is treated as time spent in the UK for immigration purposes. That means that any time spent accompanying their partner or parent on an overseas posting does not prejudice their eligibility for settlement after spending five years with limited leave. We are proud of our continuing commitment to our armed forces and their family members, including Commonwealth nationals who bravely offer their service to Her Majesty the Queen and our country. As I have indicated, I am committed to ensuring we uphold our obligations and do right by all members of the forces and their families.

As the Minister with overall responsibility for immigration matters, I am acutely aware that some of the applications received by my Department fall into what can be called the “complex cases”. I thank the hon. Gentleman for taking the trouble to set out his constituents’ cases in such detail. He will of course know that I cannot comment on the detail of individual cases on the Floor of the House. I hope he will understand that I can speak only in general terms. Without going into specifics, I accept that applications involving families can involve a variety of reasons, as family dynamics themselves can become ever more complex. This is not isolated from marriage or relationship breakdowns, the setting up of new family units and myriad other causes.

Although I shall certainly not speak about specifics, it is important to explain some of the background. These applications can be, by their very nature, time-consuming for decision makers to consider, and I make no apology for that. Although we are striving to have more streamlined processes, we must never lose sight of the fact that one of our primary duties is the protection of the public. That is especially true when we are looking at applications made on behalf of children. In some cases, the application may not have been properly completed, or there might be gaps in the provision of the information that we require to make a sound, well-balanced decision. In some instances, it may well be that we ask for more information, or that we ask to speak to the sponsor. Such additional measures are taken only when it would assist the decision-making process and other options have been exhausted. Understandably, that might be frustrating for some sponsors or applicants, but we will do it only to safeguard the interests of the applicant. All Members will be aware that we have statutory obligations to minors and to others who may be vulnerable for other reasons. Again, I make no apology for officials being assiduous in making responsible decisions.

My right hon. Friend the Home Secretary and I are conscious of the hon. Gentleman’s point about the income threshold and how it might affect Army families. Although I stand firmly by the principle of the minimum income threshold, I reassure the hon. Gentleman that I have listened carefully to the points he has made this evening.

The Government have a proud tradition of supporting our armed forces and recognising the invaluable service that they give to the United Kingdom, and that includes Commonwealth nationals who come to the UK to serve in the forces. That is one reason why we explicitly provide for Commonwealth personnel to obtain settled status after they have discharged, enabling them to remain in the UK permanently and, if they wish, to become British citizens. We also recognise the valuable role that families play in supporting our armed forces, which is why we have immigration rules specifically for forces family members. We greatly value the contribution and sacrifices made by Commonwealth members of the forces, and their families, in ensuring the security of the UK and protecting our citizens. We want them to go on playing an important role in our armed forces, and we are committed to upholding our obligations to them.

Question put and agreed to.

Right to Rent Scheme

Caroline Nokes Excerpts

Tuesday 5th March 2019 Written Statements

[The Minister for Immigration (Caroline Nokes)]

The right to rent scheme was launched to prevent illegal migrants from accessing the private rental sector, and to tackle unscrupulous landlords who exploit vulnerable migrants, sometimes in very poor conditions.

In 2016, a requirement was introduced for landlords and lettings agents in England to take reasonable steps to check that they are renting only to someone who has a right to do so.

These checks apply equally to everyone seeking to rent property and there are penalties for landlords who fail to complete them and who are later found to have rented to someone without a right to be in the UK.

The law was and remains absolutely clear that discriminatory treatment on the part of anyone carrying out these checks is unlawful. And the right to rent legislation provides for a code of practice which sets out what landlords are expected to do.

The scheme was trialled in the west midlands. This trial was evaluated in full, with the results published in October 2015. They included 539 responses to online surveys, 12 focus groups, 36 one-to-one interviews, and a mystery shopping exercise involving 332 encounters.

The Home Office evaluation found there was no systemic discrimination on the basis of race.

It is therefore disappointing that, on Friday last week, the right to rent scheme was declared incompatible with the European convention on human rights. The High Court ruled that Parliament’s decision to impose right to rent checks is outweighed by the potential for race discrimination by those with the duty to perform the required checks.

We disagree with this finding and the Home Office has been granted permission to appeal all aspects of the judgment.

In the meantime, the provisions passed by this House in 2014 remain in force. There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct right to rent checks as required in legislation. They must not discriminate against anyone on the basis of their colour or where they come from.

As my right hon. Friend the Home Secretary has previously said, we are looking at options for a further evaluation of the operation of the scheme. As part of this, we will look to develop further mechanisms to monitor the operation of the scheme to provide ongoing assurance about its impact.

The Home Secretary has written to the independent adviser on lessons learned from Windrush, Wendy Williams, to draw her attention to the High Court’s findings.

The review is identifying the key legislative, policy and operational failures which resulted in members of the Windrush generation becoming entangled in measures designed for illegal immigrants.

The Right to Rent Consultative Panel will meet again next month to look at the operation of the scheme and the guidance provided to landlords and lettings agents.

The Government are committed to tackling discrimination in all its forms and to having an immigration system which provides control, but which is also fair, humane and fully compliant with the law. This includes ensuring illegal migrants, with no right to be in the UK, are not able to access work, benefits and public services.

[HCWS1379]