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

Lord Polak Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

[Lord Oates (LD)]

My Lords, I will speak to Amendment 49, to which the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride, have added their name. The noble Lords, Lord McNicol and Lord Kerslake, have asked me to pass on their apologies for not being able to participate in the debate—the noble Lord, Lord McNicol, cannot do so for obvious reasons—and to make my remarks on their behalf also.

I pay tribute to the3million for its tireless advocacy on behalf of EU citizens in the UK, as well as to British in Europe and the other country-specific groups that represent UK citizens in the EU and work so hard on their behalf.

The amendment’s importance is underlined by the fact that it not only commands cross-party support but is backed both by people, like me, who passionately wanted us to remain in the European Union and by those who, like the noble Lord, Lord Polak, were equal in their passion to leave. This amendment is not about refighting the battles of Brexit. It is simply about ensuring that EU citizens feel secure in their new status and do not face discrimination in the provision of services or the right to employment. It might even be described—properly, on this occasion—as specific and limited in its nature.

The amendment would require the Government to provide physical proof confirming settled or pre-settled status to all EEA and Swiss nationals and their families who have been granted such status and who request it. It would also require that the document be provided free of charge. The only way in which it appears to diverge from Amendment 51 in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark, and the noble Baroness, Lady Bennett of Manor Castle, is that physical documents would be provided on request rather than automatically, so that those who did not feel the need for a physical residence card would not get one but those who did would be guaranteed one.

If the Government are correct that the system of verification and cloud-based proof of status will prove simple to use and will run smoothly, there may be little demand for such documents. But if, as I suspect, those granted settled status find that the digital system does not work effectively or is not understood by the service providers they must interact with—or if they simply want the physical surety that I would certainly desire were I permanently resident in another country—it will be available to them as it should be.

The arguments for the Government’s position are a little hard to follow but they seem principally to be these: first, that it would be confusing to people to have a digital system as well as a physical proof of status; secondly, that a digital proof is better than a physical proof because a digital proof cannot be lost; thirdly, that the Government intend to move to a wholly digital system in future and that it therefore makes sense for this new settled status scheme to adopt a wholly digital model from the outset.

On the first point, it is not clear why the Government think that having both physical proof and digital proof would be confusing, as this is exactly the system that exists for non-EEA citizens. They can access a digital proof of status and have a physical document. Landlords, employers and others who are expected to check for immigration status already operate under this system.

Within the settled status scheme itself, there are two different categories. Astonishingly, non-EEA nationals who are family members of EEA nationals—and who therefore acquire settled status through their family relationship—have the right to a physical document, while the EEA family member through whom they gain their status does not. Can the Minister explain to the House the logic behind this very curious arrangement and how it can possibly be said to provide clarity to anyone?

Secondly, when we discussed these matters, the Minister argued that digital proof is better than physical proof because it cannot be lost. I will be very clear to the Government and the Minister that this amendment would ensure that a physical document complements digital proof and would not replace it.

Thirdly, the Government have argued that it makes sense to adopt a digital model as this is the direction of travel of the Government as a whole. However, if a wholly digital system is to be introduced, it should be extensively piloted first with British citizens who are secure in their immigration status. We should not conduct an experiment with the lives of millions of people who are in receipt of an entirely new status, whose rights are not even underpinned in primary legislation and who are, understandably, extremely nervous about the situation in which they find themselves. It is, quite simply, wrong, especially when we already know the problems it will lead to. In 2018, the Government trialled their digital right-to-work scheme with non-EU citizens who have the backup of a physical residence card. Their own internal assessment stated the following:

“There is a clearly identified user need for the physical card at present, and without strong evidence that this need can be mitigated for vulnerable, low-digital skill users, it should be retained.”


In her response, can the Minister explain to the House what has changed since the Government made that assessment?

I hope that, during this evening’s debate, the Minister will be able to put her brief aside and try to walk in the shoes of the people who will be subject to this new system. I hope she will consider the anxiety and distress that they will be caused by the fact that, of the 70 million people living in Britain, they alone will be refused physical proof of their right to do so. I hope she will consider the fact that this anxiety and distress will be particularly acute among the elderly, the vulnerable and those lacking digital literacy.

I have tried to imagine what it would be like if I had an elderly relative who was an EU citizen and I had to explain to them that the whole proof of their continuing right to live in the UK existed only somewhere in the cloud, dependent on the resilience of government IT systems, the integrity of the data within them and the vagaries of an internet connection. I can imagine the distress and disbelief with which that relative would receive this information, and I wonder how I would explain to them why the Government were unwilling to do a simple thing and provide them with the reassurance of a physical document: something they could hold in their hand and show, themselves, to whoever in authority required it. This is something that will be provided to all UK citizens resident in the EU. I do not know whether the Minister or any of her colleagues in government have really thought about how those conversations will go and the distress that will be caused. However, if they have not, I hope they will now think about it and the position they have taken.

We still await the policy equality statement on the settlement scheme, which was originally promised in the spring. On July 28 this year, the Minister for Future Borders and Immigration, Kevin Foster, stated that it would be published shortly. Can the Minister confirm that the equality statement exists, that it will be published and when it will be published? Does she recognise that the failure to provide such information before we debate legislation makes it very hard to make parliamentary accountability effective?

While the most vulnerable will inevitably suffer the most, all those with settled status are likely to be impacted by the absence of physical documents. Briefing from the3million group provides illustrative examples of the problems that people will encounter under the new system, which could have a severe impact on their ability to work, rent a property or access medical and other services. They are instructive illustrations and I hope the Government will look at them—and the issues they give rise to—carefully.

As the briefing tells us, research conducted by the Residential Landlords Association found that 20% of landlords are less likely to consider renting to EU or EEA nationals as a consequence of their lack of physical documentation. The Joint Council for the Welfare of Immigrants conducted 150 mystery shopping enquiries and found that 85% of prospective tenants who asked landlords to conduct an online check received no response at all. Of those landlords who did reply, only three said explicitly they would carry out such checks.

The situation is little better when it comes to employment. A poll of 500 employers conducted on behalf of the3million found that only 36% of employers knew that an online verification system would be applicable to EU citizens after the end of the grace period. This fell to just 17% among small businesses with a turnover of under £500,000, which means that four out of five such employers are not aware how right-to-work checks will operate under the new system.

What is the likely outcome of such confusion? It is that landlords and employers, who face unlimited fines and potential imprisonment if they employ or rent to someone who does not have the right to work or rent in the UK, will play it safe. As a result, EU citizens will be discriminated against compared with those who can show a physical document indicating their right to live or work in the UK. This is the real world, and these are the real effects on people’s lives, which could be corrected so easily by this amendment.

I hope that in the face of this compelling evidence of the clear harm that this discriminatory system will impose on millions of EU citizens, and in accordance with the promises made by senior members of the Government during the referendum campaign, the Government will think again, show themselves to have empathy and compassion and agree to this simple amendment, which would prevent so many unnecessary problems and so much unnecessary hardship from arising.

I beg to move.

[Lord Polak (Con)]

My Lords, I am pleased to have added my name to this amendment, and I pay tribute to the noble Lord, Lord Oates, for his excellent and thoughtful introduction.

Non-EU citizens are given physical proof of their settled status. Can it really be that EU citizens will be the only group without physical proof of status? The immigration system should treat people fairly and justly. People who have come to the UK and live here lawfully should not struggle to demonstrate their rights. A physical document, such as a biometric residence permit like those issued to non-EU citizens, will give that peace of mind.

I am entirely at one with the Government and specifically the Home Office’s ambition to digitalise. Of course, it is the way forward. But we are not there yet and, as the noble Lord, Lord Oates, said, the lack of physical proof will be of great concern to those who may not be digitally literate—specifically, some older people. So I was happy to support this amendment once it was agreed to add the requirement that the Government provide the physical proof if requested, thus alleviating the strain on the department.

As the noble Lord, Lord Oates, began, this amendment is neither political nor a repeat of arguments. It is simply a practical and sensible option to give some people comfort. I hope that my noble friend the Minister will agree with me that it is just the right thing to do.

Covid-19: Domestic Abuse

Lord Polak Excerpts

Monday 29th June 2020 Lords Chamber

[Baroness Williams of Trafford]

I totally agree with the noble Lord that perpetrators will use the family courts to abuse their victims yet further by putting pressure on them and by appearing in court. The Government are absolutely aware of that, and moves are in place to ensure that perpetrators cannot cross-examine their victims in court.

[Lord Polak (Con)]

Growing up in a household where there is domestic abuse is traumatic for children. It can normalise harmful behaviour and warp a child’s understanding of what relationships should be, and so the cycle of abuse continues. Does my noble friend the Minister therefore agree that there should be reference to children in the statutory definition of domestic abuse in the Bill, because it is clear that children who see, hear or experience abuse by one adult against another are themselves victims of abuse?

[Baroness Williams of Trafford]

I could not agree more with my noble friend. We fully recognise the devastating impact that domestic abuse can have on children and will of course reflect this in the accompanying statutory guidance. The Government have listened very carefully to the very strong views expressed on this during the passage of the Bill in the other place. I can update him: we have undertaken to reflect further on this issue.

Hamas

Lord Polak Excerpts

Tuesday 31st October 2017 Lords Chamber

[Baroness Williams of Trafford]

My Lords, it does not require a court process but an application to the Home Secretary.

[Lord Polak (Con)]

My Lords, it beggars belief that we are discussing, in the centenary week of Balfour, talk of removing Hamas from the terrorist list. The organisation has not renounced terror and it still calls for killing Jews and the destruction of Israel. Does the Minister agree that any reconciliation deal between Fatah and Hamas, which should be welcomed, should require that Hamas be disarmed, because Israel certainly cannot be expected to negotiate with a terror group that calls for its destruction?

[Baroness Williams of Trafford]

My Lords, our policy on Hamas is very clear. The group must renounce violence, recognise Israel and accept previously signed agreements. We now expect to see credible movement towards these conditions, which remain the benchmark against which its intentions should be judged. We call on those in the region with influence over Hamas to encourage the group to take these steps.

Terrorist Attacks

Lord Polak Excerpts

Thursday 22nd June 2017 Lords Chamber

[Baroness Williams of Trafford]

I think the commission itself needs to explore the work that it is doing, and those deliberations are certainly in train. Whether legislation is needed as a result will become clear in due course.

[Lord Polak (Con)]

My Lords, at the Al Quds march in London on Sunday, Hezbollah flags were displayed in direct contravention of Section 13 of the Terrorism Act 2000. Separating Hezbollah into military and political wings is an untenable and artificial exercise. In fact, the United States, Canada, the Netherlands, the Arab League and the Gulf Cooperation Council designate Hezbollah in its entirety. In the wake of the awful deadly terror attacks against civilians in our country, is it not time that the UK demonstrated its commitment to combating extremism by joining our important allies in proscribing this terror group in its entirety?

[Baroness Williams of Trafford]

My noble friend makes a very similar point to that made earlier by Robert Jenrick MP in the other place. Displaying those flags is certainly distasteful. It was probably designed to aggravate, and I certainly understand the concern that people might have when such things are thrust into the community. There is a big difference between a different political opinion or view, and putting that into action, and how far that has gone to this end. I certainly share my noble friend’s view that that was certainly an attempt to goad people and make them feel very uncomfortable, particularly the family of Robert Jenrick, whose wife is Jewish.

Hate Crime

Lord Polak Excerpts

Wednesday 14th September 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, the Government have engaged with non-Abrahamic faith communities and will continue to do so. In Manchester in July, in my previous role, I held round-table events with victims of hate crime, including members of the Sikh community alongside other faiths. On Monday, my noble friend Lord Bourne also hosted a round table to discuss hate crime with Sikh organisations as the latest engagement with the Sikh community. We find such round tables a good way to discuss widely concerns on hate crime and look at a variety of issues and approaches. However, while we know that there are common issues across the strands of hate crime, we also accept that there are issues that affect communities specifically. I and/or officials will be very happy to meet the noble Lord to discuss his concerns. On religious literacy, we have talked about this in the past. People such as the media have a role to play in improving their religious literacy.

[Lord Polak (Con)]

My Lords, sadly, we are all too aware where hate crime can lead. Will my noble friend join me in welcoming the launch of the international design competition for the national memorial and underground learning centre commemorating the Holocaust, announced by my right honourable friend the Prime Minister earlier today and officially launched in 15 minutes’ time by Sajid Javid, the Secretary of State for Communities, next door in Victoria Tower Gardens? Would my noble friend also agree that this memorial and learning centre aim to inspire future generations to respect and embrace difference, and to fight prejudice and hatred?

[Baroness Williams of Trafford]

I most certainly join my noble friend in welcoming this announcement and the fact that my right honourable friend Sajid Javid will be launching it in about 10 minutes’ time. My noble friend is absolutely right that these memorials do not just serve to help us remember. The education centres alongside them ensure that our children and the children of future generations know the horrors that went on in the past and, we hope, learn from them for the future.

Railways: Southern, Southeastern and Thameslink Franchises

Lord Polak Excerpts

Wednesday 2nd March 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

My Lords, I acknowledge the challenges and issues that have arisen, particularly with these two franchises. I assure the noble Baroness that the Government are determined to hold those operating the franchises to account. That is why my honourable friend in the other place, the Minister for Rail, Claire Perry, meets the operators, together with the ORR, on a monthly basis to ensure that the requirements of the franchise are being met.

[Lord Polak (Con)]

My Lords, my friends in Elstree and Borehamwood are never happy when I am on the Thameslink platform because, when I am there, there is always a delay or cancellation. Will the Minister support the action of the MP for Hertsmere, Oliver Dowden, in his campaign to get Thameslink to provide a much better service for the people of Hertsmere, who pay a lot of money to be packed like sardines in an often-late train?

[Lord Ahmad of Wimbledon]

I assure my noble friend that the delays are not down to his presence on the platform, as he brings to our attention the delays that we are seeing on these lines. As I have already said, the Government are committed both to holding those operating these franchises to account and to ensuring that, yes, there is greater investment. That is why the Government have committed to the investment of more than £1 billion in the improvements at London Bridge and beyond, and we are committed to ensure that by 2018 these improvements are felt by commuters. He is quite right to point out that the current service is not good enough.

Religious Hate Crime

Lord Polak Excerpts

Wednesday 27th January 2016 Lords Chamber

[Lord Polak (Con)]

My Lords, today is Holocaust Memorial Day—a day to remember those who perished and the brave soldiers who helped to liberate the camps, and to remember and pay tribute to the depleting band of survivors who spend their days educating young people. I also commend the Prime Minister for his announcement today that a fitting memorial will be erected adjacent to this House, in Victoria Tower Gardens. Does the Minister agree that, today of all days, we should acknowledge where hate crime can lead? Does he further agree that the vital task of the Prime Minister’s Holocaust foundation should be to concentrate on educating young people as, sadly, there will soon be no survivors to tell the story?

[Lord Ahmad of Wimbledon]

I join my noble friend in the sentiments he expressed. Indeed, I believe I speak for every Member of this House as we come together on this poignant day, when we remember those who passed away in the Holocaust—the victims of the biggest crime of genocide against humanity that we have seen in the world. We must work together, including on education. I am therefore proud that on entering my office in the Home Office, if you look to the right, the first certificate you will see is for the Anne Frank Trust UK, which does an incredible job in promoting Holocaust education. I praise the efforts of all organisations and the work of my noble friend in this respect.