EU Settlement Scheme

Caroline Nokes Excerpts

Thursday 21st June 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

With permission, Mr Deputy Speaker, I would like to make a statement about the new settlement scheme for resident EU citizens and their family members.

Securing the rights of citizens has been our priority in negotiations with the European Union. We have delivered on this commitment and reached an agreement with the EU, which was published in March as a draft legal text. This guarantees the rights of EU citizens living in the UK and of UK nationals living in the EU. Under this agreement, EU citizens living in the UK, along with their family members, will be able to stay and continue their lives here, with the same access to work, study, benefits and public services that they enjoy now. Close family members living overseas will be able to join them here in future.

EU citizens make a huge contribution to our economy and to our way of life. They are our friends, our family and our colleagues, and we want them to stay. I am therefore delighted to be publishing today further details about the EU settlement scheme. This will provide the basis for EU citizens resident here, and their family members, to obtain their new UK immigration status, consistent with the draft withdrawal agreement. I will place in the Library of the House a statement of intent setting out in detail how the scheme will work, and how simple and straightforward it will be. The document includes a draft of the immigration rules for the scheme.

We will engage with our stakeholders on the details set out in the statement of intent. These include the user groups that we have established to help us develop the scheme, involving EU citizens’ representatives, embassies, employers and others. We look forward to hearing their views, and will make improvements where we can.

It will be straightforward for EU citizens residing in the UK to obtain status. If they have lived here continuously for five years, they will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point. Applicants will not need to show that they meet other detailed requirements of current free movement rules. This means, for example, that stay-at-home parents, retired people and students can all be eligible.

Irish citizens enjoy a right of residence in the UK that is not reliant on our membership of the EU. The Government are committed to protecting these rights, and are working closely with Ireland to maintain these bilateral arrangements for our respective citizens. Irish citizens will not need to apply for status under the scheme, but may elect to do so if they wish. Their family members who are not Irish citizens or British citizens will be able to obtain status under the scheme without the Irish citizen doing so.

Negotiations on similar agreements on citizens’ rights with the non-EU European economic area states and Switzerland are progressing. While the details of those agreements are being finalised, the statement of intent confirms that we intend that the settlement scheme will be open to other EEA citizens and Swiss citizens, and their family members, on a similar basis as for EU citizens.

The scheme set out in the statement of intent will deliver on our commitments to a straightforward process. We are designing the online application form so that it is short, simple and user-friendly. It will be accessible by computer, tablet or smartphone. Assistance will be available for those who need it to complete the online application process. The views of the user groups on the support that may be needed by vulnerable groups will help to ensure that we make the right additional provision for them, through the involvement of community groups and others.

There will be three core criteria that people will need to meet to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have criminal convictions. First, applicants will need to prove their identity and nationality. For those who wish to complete the application entirely online, there will be an app that will allow EU citizens to confirm the relevant details remotely either using their own mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they can send us their identity document by post, and a dedicated team will check this and return it to them as soon as possible.

Secondly we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen. Where possible, the application process will help the applicant to establish their continuous residence here, and whether it amounts to the five years generally required for settled status, on an automated basis using employment and benefit records. This will keep any documentary evidence the applicant is required to provide to a minimum. We recognise that some applicants may lack such evidence in their own name for various reasons, and we will work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them.

Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat. It is right that we do what is needed to protect everyone who lives in the UK, but we are not concerned with minor offences, and these provisions will not affect the overwhelming majority of EU citizens and their family members.

Throughout the process, we will be looking to grant applications, not for reasons to refuse them, and caseworkers will be able to exercise discretion in favour of the applicant, where appropriate, to minimise administrative burdens. A range of user-friendly guidance and support, including a customer contact centre, will be in place to help applicants through the process.

Subject to parliamentary consideration of changes to the fees regulations, applications will cost £65, with a reduced fee of £32.50 for children under 16. There will be no fee for children in care. The process will be particularly straightforward for those who already hold a valid permanent residence or indefinite leave to remain document, which they will be able to swap for settled status free of charge. Those granted pre-settled status will be able to apply for settled status without paying a further fee.

EU citizens and their family members do not need to do anything immediately. There will be no change to their current rights until the end of the post-exit implementation period on 31 December 2020. The deadline for applications under the scheme, for those resident here by the end of 2020, will be 30 June 2021.

We plan to start opening the settlement scheme later this year. I do not underestimate the scale of the challenge in successfully processing what may exceed 3.5 million applications, but the Home Office already issues about 7 million passports and 3 million visas each year, so processing applications on the scale required is not new to us. As is now standard for the launch of new Government services, there will be a private beta phase from the summer to enable us to test the system and processes, followed by a phased roll-out from late 2018, so we can test them at scale and ensure that they work effectively. The scheme will be open fully by 30 March 2019.

The statement of intent I have published today marks an important point in our preparations for the EU settlement scheme, which will enable EU citizens and their family members to continue living here in much the same way as they do now. We have engaged with EU citizens at every stage of the development process, and will continue to do so. We will also continue to expand our communications to ensure that EU citizens are aware of the scheme and how it will operate, and to ensure that they are reassured that they will have plenty of time in which to apply for their new UK immigration status. The EU settlement scheme will provide a straightforward way of enabling those who have made their lives in the UK to stay here. We want them to do so. I commend this statement to the House.

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

I thank the Minister for advance sight of her statement. We, too, value the contribution of EU citizens as our friends, neighbours and colleagues. Their rights must be protected after Brexit. They have already waited two years from the Brexit vote to be given some assurance and guidance on their status in the UK. From speaking to EU citizens, I know that the stress and anxiety of not knowing if they will be allowed to remain and of not being able to start the process have been significant. There has been uncertainty for UK citizens in Europe as well. The Home Secretary criticised the EU27, but we were previously told this matter is for the future relationship. Which is it?

I have a number of questions for the Minister. First, may we have more details on the criteria for settled status? How will the rights of other EEA and Swiss citizens be enforced? On the criminal checks, what exactly will be the threshold, and how far back will offences be considered relevant? As we have seen with highly skilled migrants, the Government have been picking up on very minor tax errors to refuse applications. Will she confirm that this practice will stop, and that it will not apply to EU citizens? Which court will adjudicate when, inevitably, incorrect decisions are made in the processing of applications or when legal challenges are made to those decisions, and is that acceptable to the EU? For Irish citizens, the mixed messaging is concerning. They do not “have” to apply, but they could. Will the Minister clarify that?

My second point concerns how vulnerable people will be reached and protected. The Migration Observatory has identified a number of groups who may fall through the cracks of a settled status system, especially people who are older or disabled, and those with language barriers. What plans does the Minister have to identify and protect victims of domestic abuse who rely on their partner for status? We heard at the last Home Office questions that the UK Government had made contact with only two libraries in Scotland. Does the Minister have any advance on that number?

The Minister said that the scheme will be accessible by computer, tablet or smartphone, yet we heard this morning that it is still not working on iPhones. Will that be fixed, and will the system work on all tablets and computers? She said that locations will be established for people to use the app or be helped to do so. How many locations will there be, and what will be their geographical spread?

Thirdly, can the Department handle the demands of registering 3 million people? The Home Office has a 10% error rate in immigration status checks. Is the Minister confident that the system being introduced will be robust and efficient enough to deal with those applications, without it crashing or large numbers of incorrect decisions being made in the process? The Home Affairs Committee has outlined serious concerns that Brexit will drain resources from an already failing system. Are new staff being recruited from outside the Department or are they being reassigned? How long will they take to train, and how much experience will they have to deal with complex cases?

The Minister said that a dedicated customer contact centre will help people through the process. Has that centre been set up, and will it be staffed by Home Office or outsourced staff? Will information be passed to immigration enforcement if somebody discloses that they do not have the right to be in the UK legally? After Windrush and the 100 letters sent in error to EU citizens last year, many people are understandably nervous about coming forward, especially if they are vulnerable and/or afraid that they will not meet the criteria. Telling them that Home Office staff can exercise discretion will be of little comfort.

Fourthly, will the Minister commit to rolling back the hostile environment, so that another 3 million people are not subject to such unjustified and punitive policies? In the practical application of an ID scheme for upwards of 3 million residents of this country, how is it possible for authorities to insist on the production of ID by a minority of the population? Surely that will lead inevitably to a requirement for all citizens to carry ID. Finally, the Minister said that she will publish the draft immigration rules for the scheme. Should we still expect an immigration White Paper before the summer, and if so, what will be its scope? When will we get the Government’s proposals on the future of migration post-Brexit?

[Caroline Nokes]

The hon. Gentleman has raised a large number of points, and alongside him I recognise that post referendum there have been anxieties for EU citizens living in the UK. That is why we are bringing forward details of the settled status scheme. We want to continue our work with—among others—the3million group, to allay those fears. It is crucial to me and the entire Government that we send the clear message that EU citizens living here are welcome. We recognise the contribution that they make to our communities, and we want them to stay. That is why we have brought forward details of the scheme, and I commend to the hon. Gentleman the statement of intent that contains many of those details.

The hon. Gentleman raised specific points about vulnerable people, and he was right to do so. We all have anxieties about the most vulnerable in our society, who may well need assistance. UK Visas and Immigration already has assisted digital schemes, and we want to roll those out to community groups and organisations that already work in local areas, so that support is there for people who may find a digital process difficult. He mentioned iPhones and the chip-checker. The digital application will be available on any computer, tablet or smartphone, but the chip-checker is currently available only on Android. I reassure the hon. Gentleman that the Home Secretary has recently raised that matter with Apple, because of course we would like the chip-checker to work on everything. There will, however, be facilities for those who wish to carry out the process on their smartphone—that process can be saved at every point, and people can then verify their documents in a contact centre or through many of the partner organisations with which we are currently working.

The hon. Gentleman rightly mentioned that 3.3 million EU citizens live in the UK. That is why we are moving to a private beta testing mode—we need assurance that the system will work, and then to have a phased roll-out. That is very important. We must also reflect that EU citizens have every right to be here, and they will continue to have those rights until the end of December 2020. For two and half years people will be able to register, and we will encourage them to do so. Importantly, this is the first publication of the scheme, and it gives the statement of intent. We then have a long period before the scheme launches next spring, so that we can be confident we have it right. I do not pretend that this is not a learning process; this is the largest exercise on this scale, and we are determined to listen to our partner organisations, and to citizens groups, to ensure that we make this a success for those EU citizens, who are so important to us.

[Mr Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I welcome the statement by my right hon. Friend—I think it is generous, and indeed it is. It is worth reflecting that within the criteria she laid out, we will now begin the process of ensuring that we do not have people in the UK with criminal records that could affect British citizens, which we have had to put up with for some time under European Union rules. As someone whose sister has lived and worked for pretty much all her life in Italy, can I ask whether the Minister is aware that Guy Verhofstadt at the European Parliament recently chastised other countries for failing to make the same kinds of arrangements, and with the necessary pace of change, alongside the changes that we have brought forward?

[Caroline Nokes]

My right hon. Friend makes an important point about criminal record checks, and all applicants aged 10 or over will be checked against the UK’s national police database and watch lists. Applicants over 18 will be asked about their criminal history in the UK, and indeed overseas. My right hon. Friend has raised a significant point: this is an important, clear offer to EU citizens, which sets out the process that we wish them to go through over the next few years. The Home Secretary has made the point that it is important that UK citizens who live in other EU states should have the same confidence, and we will continue to work with the EU and other member states to reinforce that message. I accept that 1 million British citizens live in the EU, compared with the 3.3 million for whom we have responsibility to see through the registration process in this country. Nevertheless, 1 million is still a significant number, and I will continue, in engagement with our European neighbours, to reinforce that point.

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

I thank the Minister for advance notice of her statement. When witnesses from the3million group, which represents the 3 million EU citizens living in the UK, and witnesses from Irish in Britain, gave evidence recently to the Exiting the European Union Committee, they said that the Windrush scandal had dented their confidence in the Home Office, and raised anxiety about their new status. Those of us who sit on the Joint Committee on Human Rights and have had a chance to see some of the Home Office files on the Windrush generation have very real concerns about process in the Home Office. Many of us will have been approached by constituents—I was approached by a constituent at a social event last Friday night who wished to express concern about his status as an EU citizen. Does the Minister agree that the absolute principle should be that no EU citizen living in the UK should suffer as a result of the Brexit outcome, in which of course they had no vote? Will she consider waiving the registration fee, as the Scottish Government are going to do for public sector workers and have suggested the British Government should do across the board?

There are potentially significant numbers of people who could fall through the cracks. If just 5% of the estimated 3.3 million EU citizens living in the UK do not register by the deadline, there will be a population of nearly 200,000 left without status. Will the Minister tell us what will happen to EU citizens who do not apply in time?

What conversations has the Minister had with the Scottish Government about the detail of the scheme and how it is to be implemented? The Cabinet Secretary with responsibility for external affairs in the Scottish Government, Fiona Hyslop, and the Welsh Government’s Cabinet Secretary for Finance have written to the Home Office stating it would be unacceptable for more burdens as a result of the scheme to be placed on local authorities without first speaking to the Scottish and Welsh Governments. Will she confirm that that letter, unlike recent missives from the Scottish Government, will be replied to and that there will be proper liaison with the devolved Administrations in this respect?

[Caroline Nokes]

I thank the hon. and learned Lady for her question. We have been clear from the start that the devolved Administrations should be fully engaged in the process. We have held separate sessions with the devolved Administrations about the design of the settlement scheme and they are also involved in regular conversations with local authorities about communications with EU citizens across the country.

The hon. and learned Lady rightly raises the concerns of her constituents. I am sure that every Member will have had constituents come to their surgeries to talk about not simply the process but status after we leave the EU—I know that I have. It is really important that we all reiterate the Prime Minister’s message, which is that we want them to stay. They have contributed a great deal to our country and we wish them to continue to do so.

On fees, we have set out very clearly that the agreement reached with the EU allows a fee up to the cost of an equivalent document for UK nationals. The fee of £65 to apply for status under the settlement scheme is in line with the current cost of obtaining a permanent residence document. To charge a lower fee than the current fee EU citizens are charged for permanent residency would of course disadvantage those who have already paid that fee.

[Alex Chalk (Cheltenham) (Con)]

I welcome today’s announcement, which will allow EU citizens to apply for settled status in the easiest way possible. May I suggest that the Home Office consults with community groups, such as Cheltenham’s Polish Tara, to ensure that when the scheme is rolled out it is as user friendly as possible?

[Caroline Nokes]

I thank my hon. Friend, who is right to emphasise the need for the scheme to be as user friendly as possible and the importance of consultation. We are already undertaking extensive communications work with various communities across the UK and will continue to do so. We recognise the importance of encouraging EU citizens living here to register in a timely manner before the deadline, and of ensuring they understand that we are introducing a streamlined process and seeking to make it as easy as possible.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

I thank the Immigration Minister for these further details today, which the Home Affairs Committee asked for and looks forward to scrutinising in more detail. Guy Verhofstadt, before the Committee yesterday, urged other European countries to do more to provide more information about the arrangements.

On the status of children whose parents may not register them, or who may be in care and may reach June 2021 without being registered, can the Minister say whether this means that after that date they will not be lawfully resident here? Does she worry that that will mean they have lost legal rights? What action is she taking to prevent children who have grown up here and lived here for many years losing their legal rights?

[Caroline Nokes]

The right hon. Lady raises some important points, in particular about children. She referenced children in the care system. As I set out in my statement, there will be no fee for them. Local authorities clearly have a significant responsibility to ensure that children in the care system are registered in a timely manner. We will have a proportionate response to those who have not registered before the end of June 2021. We will be working extremely hard to ensure that as many are registered as possible. For those who are here lawfully and have been resident for the required five-year period, we have to ensure that our response takes on board the comments of all people to make sure that no child is disadvantaged.

[Matt Warman (Boston and Skegness) (Con)]

The Minister will know that proportionately my constituency has more eastern European immigrants than any other in the country, so I welcome the scheme and the phased roll-out, which I hope means we can get it right. As a result of that high level of immigration, I have had a number of visits from European ambassadors. Can she reassure me that she will work with ambassadors and embassies, so that we provide information to communities through as many avenues as possible and get this right?

[Caroline Nokes]

Since coming into this role, I have had the opportunity to engage with a range of ambassadors from across the EU. I will certainly continue to do so. I am very conscious that a significant part of this is about communications. We have already started our communications plan, but that will ramp up significantly over the course of the next few months. It is crucial that EU communities, wherever they live in the country, have the opportunity to know what the scheme is about and to understand it. Today, I have published an op-ed piece in a Polish newspaper. There will continue to be significant engagement with foreign newspapers.

[Hilary Benn (Leeds Central) (Lab)]

I thank officials from the Home Office and the Department for Exiting the European Union for briefing members of the Exiting the European Union Committee last week on how the arrangements were being developed. Will the Minister confirm that the Government’s offer of settled status will apply to the 3 million-plus EU citizens in all circumstances? If, heaven forbid, no deal were reached, will those citizens who have already been granted settled status, under the roll-out timetable that the Minister has reported to the House today, keep it? Will the Government keep the scheme open to all the rest who have not yet applied, so they can remain in the United Kingdom even if there were no deal?

[Caroline Nokes]

The right hon. Gentleman raises an important issue. I commend the work of the many Select Committees who have sought over the past six months to summon me before them, including his own. We are not anticipating failure. That is an important part of this: we have confidence that there will be a deal. We have reached an agreement with the EU guaranteeing the rights of EU citizens living in the UK and of UK nationals living in the EU, and we do not expect that issue to be reopened. I take very seriously the commitment we have made to those EU citizens and I regard that as absolutely of prime importance.

[Tom Pursglove (Corby) (Con)]

I have been very frustrated about some of the mischief from some parts, which has caused concern for my constituents who are affected. I very much welcome my right hon. Friend’s statement, but will she set out for the House what discussions are being had with the European Union about the rights of British citizens living in the EU?

[Caroline Nokes]

I can always rely on my hon. Friend to ensure there is never any mischief from Corby. This is absolutely crucial. We have set out, both in previous announcements and commitments and today in our statement of intent, what we are seeking to do for EU citizens living here. I would like to reassure him that my right hon. Friend the Home Secretary and I, when engaging with officials, leaders or ambassadors across the EU, are reiterating the point time and again about how important it is that UK citizens living in EU members states are extended the same rights and have it made clear to them how they should secure them.

[David Hanson (Delyn) (Lab)]

Will the Minister provide clarity on EU citizens who are married to UK citizens, but who currently may not be resident in the UK? I have a number of constituents whose husbands or wives work abroad and the residency test is not always met. Will they have to apply through a new system to have residency at a future date if they are married to a British citizen?

[Caroline Nokes]

We are very conscious, where there are durable relationships of the type the right hon. Gentleman describes, that it is important that that is clearly affirmed for them. We have set out in detail in the rules how we are going to address those different situations, including where UK citizens are married to EU citizens who may be living abroad and where EU citizens living here may have non-EEA partners or spouses. They will have an extension of the rights set out in the withdrawal agreement and the statements we have previously made. We will, of course, be providing further detail in due course.

[Huw Merriman (Bexhill and Battle) (Con)]

EU citizens in my constituency would be forgiven for thinking, if they had listened to Opposition Front Benchers, that this process is so complicated that they would be required to recite the European Union (Withdrawal) Bill, which we know that only the Solicitor General can do. On that basis, and to reassure them, will my right hon. Friend confirm that all that EU citizens have to do is prove their identity and residence and declare that there are no criminal convictions? When she does that, will she welcome all those EU citizens in my constituency to do just that, because we want them to stay?

[Caroline Nokes]

The EU citizens living in Bexhill and Battle are very important to us, as are all citizens currently living here as well as those who will arrive during the implementation period. My hon. Friend is right: as I have set out, EU citizens will be asked to demonstrate their identity and residency and to declare any criminality. I got rather anxious that this might provoke the Solicitor General into reciting the entire withdrawal agreement, but I am somewhat relieved that he does not appear to want to do so.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister for her statement. The agri-food sector in my constituency is very important. Workers from the EU make up large proportions of the workforce in Mash Direct and Willowbrook Foods, to give just two examples. She has outlined how the scheme will work for those who have lived here for five years, but for those who have lived here for under five years, and are in special circumstances, will she ensure that in Northern Ireland—as indeed in all the United Kingdom of Great Britain and Northern Ireland—we have enough staff to help applicants to fill in the applications with the necessary details and facts? Also, with a 12.5% shortfall of workers to harvest crops, will there be a seasonal scheme that helps them?

[Caroline Nokes]

The hon. Gentleman returns to a common theme of seasonal agricultural workers and indeed, the importance of EU citizens working in many parts of the UK who come here on a seasonal basis and may well not have been here for the required five years. As I set out in my statement, EU citizens who have been here for less than the five-year period will be able to apply for pre-settled status. Once they have accrued the five years, they will be able to apply for settled status, but there will be no additional cost. He makes an important point about those who might find the process difficult. We are determined not only to make it as simple and streamlined as possible, but to put in place contact centres to provide the required assistance to people who need it.

[Michelle Donelan (Chippenham) (Con)]

I welcome today’s announcement, which will give clarity, reassurance and peace of mind to my constituents and their friends who are affected. I also reiterate the point that some colleagues have made: we need to push for a reciprocal agreement, so that UK citizens living in the EU also get the benefit of this announcement.

[Caroline Nokes]

The message from the House this afternoon is very clear. We have made significant progress in publishing the scheme and are determined to have a process that is up and running and has been through private beta testing very shortly. It is incumbent on our EU friends and neighbours to make sure that they do the same for British citizens who are living in other EU states.

[Thangam Debbonaire (Bristol West) (Lab)]

My Front-Bench colleague, my hon. Friend the Member for Manchester, Gorton (Afzal Khan), asked a number of questions. I was carefully ticking them off and I am not sure that the Minister, whose statement I welcome, clearly answered them. I will drill down on one—the criteria. The European citizens in my constituency say that they may have to move between European countries and here when they have family obligations. Some may not have worked or have ever claimed benefits. She mentioned flexibility, but I know that there will be citizens in my constituency right now who will unfortunately not feel reassured and would like to know more about the detail of how those criteria will be assessed, so that they are consistent with the principles of respect for family life.

[Caroline Nokes]

I thank the hon. Lady for the question. We are determined to make sure that a whole range of evidence is clearly set out in the statement of intent for those who may not have worked—for those who have been here for the required period but cannot evidence it through Her Majesty’s Revenue and Customs or Department for Work and Pensions records. That includes a wide range of evidence, such as mortgage statements, tenancy agreements and utility bills. We will certainly be encouraging case workers to be flexible and understanding and appreciate that some individuals may not have those documents in their own name, but in a partner’s name, and evidence of a durable relationship will suffice.

[Helen Whately (Faversham and Mid Kent) (Con)]

I welcome the Minister’s statement and particularly its emphasis, because it is vital that we continue to say how welcome EU citizens are in the UK and how valued they are for their contribution to our country. Will she say more to reassure UK citizens living in EU countries about the reciprocal arrangements, because UK citizens—my constituents—tell me that they are concerned about that as well?

[Caroline Nokes]

In discussions with the EU, ambassadors and heads of member states, my right hon. Friend the Home Secretary is reinforcing that message at every point. There has been significant investment in time and resources to make sure that we have a scheme and a process that will work. We need our European friends and neighbours to reciprocate.

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

There was plenty to welcome in this statement, but the Minister ducked the fundamental question about what happens to the tens, if not hundreds of thousands who will inevitably miss the cut-off date. What will their status be and what did she mean when she referred to a proportionate response?

[Caroline Nokes]

We are absolutely determined to work to make sure that as many EU citizens as possible are registered ahead of the deadline, but we will give a reasonable period in which to apply. For those who miss the deadline and have a good reason for doing so, we will of course have a response that is both pragmatic and takes into account individual circumstances, should people have been, for whatever reason—whether through ill health or mental illness—prevented from applying. We will further discuss these issues with stakeholders over coming weeks to make sure that we get it right.

[Nigel Mills (Amber Valley) (Con)]

Will my right hon. Friend confirm how somebody who has obtained settled status will be able to evidence that if they are asked to do so in future by a landlord or employer? If that involves a document or a card, will that document last forever, or will they have to renew it after a certain point?

[Caroline Nokes]

Individuals will receive a digital status, which they will be able to provide to employers and landlords through the online digital service. We already have evidence of this working through our digital right-to-work checks, which were introduced earlier this year.

[Andy Slaughter (Hammersmith) (Lab)]

Over 20% of my constituents are EU citizens, and despite the warm words, about two thirds have reported negative experiences linked to their nationalities since the referendum. A local dentist I met this week said that the day after the referendum, a patient said that he and his nurse would be sent back where they came from—she is Lithuanian and he is a British citizen of Kurdish descent. I want to ask a very specific question. Irish and Polish citizens have rights that predate our membership of the European Union under legislation that is no longer compatible with immigration legislation. Will that be reviewed so that those rights are preserved?

[Caroline Nokes]

We have been very clear that in the case of Irish citizens, who have a relationship with us that dates way back to the 1920s, we are absolutely upholding those rights. The hon. Gentleman mentions those awful incidents where EU citizens were negatively impacted by the outcome of the referendum, and they encountered the sort of incident that he describes. We are seeking to send a very clear message from this Government, and from UK society, that we recognise the contribution that EU citizens make to this country. We want them to stay. This sets out very clearly their rights and how those who have been here for five years will immediately be eligible for settled status. Those who have been here for less than five years will be able to apply for pre-settled status and accrue the five years. We are pleased to make this really important step, because we wish to give a significant message of reassurance to those people who have been living and contributing here for many years.

[Wera Hobhouse (Bath) (LD)]

I thank the Minister for her statement. She is absolutely right. Many of my constituents who are EU nationals have brought their concerns to my surgery.

I have a very simple question. Do settled status and pre-settled status give EU citizens the same right to use the national health service as UK nationals?

[Caroline Nokes]

Yes.

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

Will the Minister say a little more about the situation of children? I know that parents are concerned about it. Children will not be able to provide utility bills or employment records, and better-off parents will probably not have received any benefits for them. What other evidence would the Government find acceptable to demonstrate that a child has the right to settled status, and where will they look for that evidence?

[Caroline Nokes]

Obviously there will be a significant link between many children and their parents’ status, but we will accept evidence from educational institutions, and from healthcare professionals who have encountered people during their stay. Similarly, if adults cannot provide records from Her Majesty’s Revenue and Customs, evidence of university or college attendance will suffice.

[Bambos Charalambous (Enfield, Southgate) (Lab)]

A significant number of my constituents are EU nationals. What provision is there for those who need to take a break in their residency to go and look after a relative who is ill? How will that affect their settled status?

[Caroline Nokes]

There is provision in the rules for people to leave the country for up to six months in any 12-month period. However, in cases of illness or, perhaps, pregnancy, when people choose to return to a different country—perhaps to have a baby—we will certainly accommodate such absences, with a view to granting rather than refusing, and doing so in a sympathetic and flexible manner.

[Sandy Martin (Ipswich) (Lab)]

Are there any posts that EU citizens in the UK will have to give up in April next year? I am thinking of, for instance, local councillors.

[Caroline Nokes]

It is not the intention that any EU citizen who benefits from either a service or a post will have to give that up. What we are saying to EU citizens is “We wish you to stay here, and to continue to live as you do now.”

Bill Presented

Voyeurism (Offences) (No. 2) Bill

Presentation and First Reading (Standing Order No. 57)

Secretary David Gauke, supported by the Prime Minister, Secretary Penny Mordaunt, Secretary Matt Hancock, the Attorney General, Andrea Leadsom, Rory Stewart, Lucy Frazer and Edward Argar, presented a Bill to make certain acts of voyeurism an offence, and for connected purposes.

Bill read the First time; to be read a Second time on Monday 25 June, and to be printed (Bill 25) with explanatory notes (Bill 25-EN).

Refugee Family Reunion

Caroline Nokes Excerpts

Thursday 21st June 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

Let me first congratulate the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil) on securing not only the debate—which, during Refugee Week, is very timely—but a Committee stage for his private Member’s Bill. Let me also acknowledge the support from Members on both sides of the House today, and in the other place, for the bringing together of refugee families. I can reassure the House that the Government have listened carefully to the many thoughtful and compassionate contributions that have been made, and will continue to listen. I particularly thank Members for the constructive tone of the debate, which I have found both useful and interesting.

I should acknowledge the work of the non-governmental organisations that are supporting changes in refugee family reunion arrangements. I have met the representatives of several of them over the past few months. I am grateful for their valuable insights, and for the constructive dialogue that they have had with my officials and with me.

During the last few months several Members, including some who are no longer in the Chamber, have beaten a path to my door. Let me take this opportunity to acknowledge their expertise and their keen interest in these issues. The hon. Members for Bristol West (Thangam Debbonaire), for Stretford and Urmston (Kate Green) and for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) have been particularly assiduous in taking the time to come and speak to me. They have frequently used the opportunity presented by the private Member’s Bill introduced by the hon. Member for Na h-Eileanan an Iar to highlight some of the issues about which they feel most strongly, and they have, of course, given me the chance to reflect.

I fear that the hon. Gentleman has pushed the envelope a bit today. Certainly, by the time he got on to west coast fishing fleets, I was at rather a loss to know what we were actually debating, but I commend him for his ingenuity.

[Angus Brendan MacNeil]

The Minister knows the issue.

[Caroline Nokes]

I think it might have been the second time it had cropped up for me this afternoon. However, some important points have been made, and I thank him and my hon. Friend the Member for Harborough (Neil O'Brien) for their poetic contributions, which brought some real thoughtfulness and passion to the issue.

A number of Members raised the issue of the scheduling of parliamentary business, which is of course a matter for the Leader of the House, but she and I will have taken note of the representations made today.

I want to briefly reflect on some of the comments made about asylum seekers and their ability to work. They are of course allowed to undertake volunteering opportunities, but we must carefully bear it in mind that those voluntary opportunities should not amount to unpaid work or job substitution, because we certainly do not wish to see them taken advantage of by unscrupulous employers. I have heard the concerns of many Members about delays in the asylum system. It is in fact stabilising, but we have an ambitious plan to reduce the number of outstanding decisions and the length of time people wait for a decision, which is very important.

We are on track to resettle 20,000 refugees from Syria and a further 30,000 children and families from the wider middle east and north Africa—MENA—region. Under our resettlement schemes we deliberately target those in the greatest need of assistance, including people requiring urgent medical treatment, survivors of violence and torture, and women and children at risk. We work closely with the UNHCR, as it is best placed to identify people living in formal refugee camps, informal settlements and host communities who would benefit most from resettlement.[Official Report, 5 July 2018, Vol. 644, c. 1MC.]

We are also enabling civil society to play a greater role in refugee resettlement. I was very pleased this Monday to be at the organisation Reset, to which the Government have awarded £1 million of funding to help community groups with sponsorship schemes. I often use the phrase that they are well placed to wrap their arms around resettled families and help them on the road to reintegration. We have heard from my hon. Friend the Member for Harborough and others across the House about the importance of integration and of language teaching, and of ensuring that we as a society do more to enable those who have resettled here to integrate. That is very important.

[Dr Rupa Huq (Ealing Central and Acton) (Lab)]

rose—

[Caroline Nokes]

I apologise for not giving way; the hon. Lady has not been in her place for the entire debate, and I have very little time.

The Green Paper on integration that has come forward from my right hon. Friend the Secretary of State for Housing, Communities and Local Government is crucially important, and I have pushed with both officials and Cabinet colleagues the importance of people having the language teaching they need to enable them to integrate as best they possibly can, and I absolutely hear the calls for how work should be a part of that.

My hon. Friends the Members for Spelthorne (Kwasi Kwarteng) and for Dudley South (Mike Wood) and a number of Opposition Members rightly mentioned perilous journeys. We do not wish to see children in the hands of traffickers. From my earliest days at the Home Office I have been struck by the links between organised crime, people trafficking, modern slavery and violence against women and girls, and we are determined to do our utmost to tackle trafficking. Breaking the smugglers’ business model and their trafficking rings remains a key priority for this Government. Under Operation Sophia, our commitment is to work hard to its full mandate through to the end of December 2018. Our naval assets have destroyed 182 smuggling boats and saved 13,400 lives since the operation began, but we are of course conscious that we continue to see boats come across the Mediterranean and children and families making very dangerous journeys.

I have little time left, but I would like to lapse somewhat into the anecdotal. This week I met a group of students from the University of Arkansas at Little Rock. They had spent some time in Europe over the past few years and had come to the British Parliament for a tour, and had the opportunity to spend a few moments talking to me. I was not quite sure how to begin my comments as Immigration Minister on the day that I had watched footage of children crying in cages and had listened to the terrible audio recordings, so I kicked off with some trepidation, recognising that my audience included US citizens who had perhaps had a vote in the last presidential election. I said that I sought in our refugee and immigration policies to ensure that I chose not to model myself on their President. I was not sure how that message would go down, but it was welcomed by this group of US teenagers. They told me that what they had found most moving during their time in Europe over the past few weeks was meeting individual refugees and hearing their stories, and we have had a little of that this afternoon from individual Members who have highlighted the excellent work being done in their constituencies. Indeed, that work goes on in my constituency, and I spent the Friday before last with the Southampton & Winchester Visitors Group, where many of the issues, including the right to work and legal aid, were raised with me. I have to thank the hon. Member for Na h-Eileanan an Iar, because his private Member’s Bill and this afternoon’s debate give us the opportunity to reflect carefully on such issues.

This Government recognise the need for a fair and humane immigration system and, within that, the importance of policies that work for individual asylum seekers and those granted refugee status. We are currently reviewing our policy on refugee family reunion in the context of our wider asylum and resettlement strategy, and I look forward to continuing my productive discussions with hon. Members and key NGO partners on this complex, sensitive issue.

Immigration Rules

Caroline Nokes Excerpts

Friday 15th June 2018 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.

The changes include exempting doctors and nurses from the tier 2 (general) limit, recognising the important contribution that overseas health professionals make to our NHS. This is in response to the particular shortages and pressures facing the NHS at the current time, as well as the fact that the limit has been oversubscribed in each month since December 2017. The change will mean that health sector employers will be able to sponsor doctors and nurses without putting pressure on the limit, freeing up places within the limit for other key roles which contribute to the UK economy and other public services. The changes will be kept under review.

The Government will also ask the independent Migration Advisory Committee to review the composition of the shortage occupation list.

Building on the changes announced by the Chancellor in the autumn, which were implemented in January of this year, further improvements are being made to the tier 1 exceptional talent route. These changes include widening the scope of the creative element of the route to include leading fashion designers, and improved provisions for applicants in film and television.

Appendix H is being updated to include a number of visa national countries, which will allow a greater number of students to benefit from a streamlined application process by reducing documentary requirements. This change demonstrates the continued focus on improving the UK’s offer to international students.

Today also sees the introduction of a new rule for those transferred to the UK under section 67 of the Immigration Act 2016 (section 67 leave), who do not qualify for refugee or humanitarian protection leave under the existing rules. In keeping with our commitments in the legislation, and in line with those granted refugee or humanitarian protection leave, individuals who qualify for section 67 leave will have the right to study, work, access public funds and healthcare and apply for indefinite leave to remain without paying a fee after five years.

New settlement provisions are being created to put beyond doubt that Afghan nationals who worked with our armed forces in Afghanistan, and subsequently relocated to the UK with their families, will be able to apply for permanent residence here. As announced on 4 May, these applications will also be free of charge. Afghan locally engaged staff worked in dangerous and challenging situations, regularly putting their lives at risk and we would not have been able to carry out our work there without them. The new dedicated settlement rules make clear our commitment to honour their service and ensure they can continue to build their lives here. The changes also implement plans to extend the ex gratia redundancy scheme by six years to recognise and honour the service of those made redundant before 19 December 2012, as announced by the Defence Secretary on 11 June.

As announced in March, a new route to settlement for Turkish business people and their families who are in the UK under the European communities association agreement is also being created. Eligibility is being extended for this route to Turkish workers and their families who are also here under the association agreement.

Changes are being made to provisions to allow holders of an electronic visa waiver (EVW) to present their EVW in a digital format. The changes will also establish a wider set of permissible errors that will overlook specific, minor discrepancies in the biographic details of an EVW, without compromising on the security of the EVW system.

[HCWS768]

Immigration Detention (Victims of Torture)

Caroline Nokes Excerpts

Thursday 14th June 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is, of course, a pleasure to serve under your chairmanship, Mr Sharma.

I commend the right hon. Member for Enfield North (Joan Ryan) for securing this debate on the immigration detention of victims of torture and other vulnerable individuals. As many Members will know, the right hon. Lady has been absolutely diligent on this issue. Of course, we have heard several times mention of the debate that she secured last week, having prayed against the two statutory instruments, which, to a large extent, provoked this discussion today.

I thank Members for their contributions to the debate, but I pay particular tribute to the expertise and knowledge of the hon. Members for Birmingham, Yardley (Jess Phillips) and for Stretford and Urmston (Kate Green). I certainly recognise their wealth of knowledge and the opportunities that they often provide to—for want of a better phrase—pick their brains and find common ground. That is important when we are discussing sensitive issues. We should find common ground when it is there to be found. I know that there will be many areas where we disagree, and I will undoubtedly cover them in due course, but it is imperative that when Members from across the House have expertise and knowledge, we seek to use it and learn from it.

There was certainly no intention in last week’s statutory instruments to make matters worse for vulnerable individuals and victims of torture, but I come back time and again to the judgment of October last year, which clearly gave us guidance and a steer that we needed to take action within a reasonable timescale to make our definition clearer. We have discussed the timing of the statutory instruments, but I go back to this point: we are duty bound as a Government to act within a reasonable timescale, and the judgment indicated we should do so.

I was concerned that if we waited for the Shaw re-review to come out, we would lose the opportunity to lay the SIs before the summer recess and that they would then not be laid until the autumn, potentially coming into effect more than a year after the judgment. In making his judgment, Mr Justice Ouseley had the benefit of the expert witnesses of Medical Justice, among others. He made it very clear that we as a Government had to act.

[Joan Ryan]

The Minister is being very generous, as she was in Committee. Did she give any consideration to simply going back to the definition that we had prior to the adults at risk policy, while we waited for the Shaw review? It was surely in her gift or that of her officials to talk to Stephen Shaw and ascertain roughly when the re-review might be available. Clearly he was very close to making it available. We could have taken a step back from the 2016 adults at risk policy, and then found ourselves with the Shaw re-review and in a position to do a full review to bring forward a policy that could command the support of the expert groups.

[Caroline Nokes]

I thank the right hon. Lady for her intervention. I want to address briefly some issues of timing and whether the most desirable outcome would be to seek to turn the clock back. I think she almost commenced some of her commentary this afternoon with a discussion of how the Shaw review occurred. We received his first review in 2016. It was started because previous policies were not working. We should accept his expertise and recommendations and learn from them.

I am not going to say this afternoon that I think the adults at risk policy is perfect. I regard it very much as a work in progress—something that we will seek to improve, adapt and amend. Do I at this point seek to turn the clock back? No, I do not. The right hon. Lady must wait for the publication of the review and the response we intend to make. I intend it to be very full and to provide as much information as possible, taking on board Stephen Shaw’s recommendations and ensuring that we make our detention policies better. I said last week and reiterate this afternoon that we will update our detention centre rules in the second half of this year. That gives us an opportunity to look at many of the issues that have been raised this afternoon.

Members will know—it has been alluded to this afternoon—that 95% of those who are here without the right to be so are in the community. Some 5% will be in detention at any one time. I am determined, and have been since I came in as Minister, to look at the alternatives to detention. We do so constantly. We can all understand that being in detention puts stress on individuals. For those who are vulnerable, those stresses will be exacerbated, and we have seen the evidence that indicates that. It is important, however, that we accept that it is Government policy that for those who have no right to be here and for whom alternatives to detention have not succeeded, may not succeed or may not be appropriate, there will remain a place for detention within our immigration system. It is important that we recognise that it is only when there is a realistic chance of removal within a reasonable timescale that individuals will be considered for detention, including by the new detention gatekeeper that was introduced post-2016 and post-Shaw. We should acknowledge that the detention estate has reduced. I have an ambition to continue to see it reduce, because that is absolutely the right direction of travel.

I reject the right hon. Lady’s suggestion that there is targeting of victims, and I reject the phrase “low-hanging fruit”. That is not a term I recognise or would use, but I know we can do better. One hears with absolute horror the case studies that she identifies and highlights so properly to us this afternoon. We must ensure we are not putting individuals who have been the victims of domestic violence at further risk. She has been diligent in her determination to reinforce that message to me.

We have also heard of the horrendous—I think that is the only word I can use—instances at Brook House. As a new Immigration Minister, the “Panorama” programme made extremely unhappy viewing. My private office provided me with the link and told me to go home that night and watch it. We have the Lampard review in place, and we have the reviews that are carried out in every immigration removal centre by the independent monitoring boards. I have been pleased to meet members of the monitoring boards and receive their reports. They are an important tool in understanding where we are getting things wrong and how we can do things better.

We will review the detention centre rules in the second half of this year, and I regard that as an important opportunity that we must seize. As Members will know, the Government work hard to encourage individuals to comply with our immigration rules and support those with no right to remain to leave voluntarily. A minority of individuals refuse to comply, and detention can then become a necessary tool for enforcing return.

Like the right hon. Lady, I would prefer that we did not have to use detention, but when people do not leave voluntarily, have no right to be here and frustrate attempts to seek their return from this country, we must use it. It is used sparingly, however, and we operate a strong presumption in favour of not detaining. Of those people with no lawful basis to stay in the UK and who are liable to removal, 95% are managed in the community at any one time.

For every individual who is detained, there must be a realistic prospect of removal within a reasonable timescale. In each case, we expect those making detention decisions to consider the likely duration of detention necessary to effect removal. The majority are held for short periods. Some 91% of those leaving detention in the year ending March 2018 were detained for less than four months, and 64% were detained for 28 days or less. Their welfare is of the utmost importance to the Home Office.

Where it is necessary to detain people to remove them, a number of safeguards are in place including the presence of healthcare staff in all immigration removal centres and residential short-term holding facilities; a comprehensive suite of published guidance and operating procedures to govern conditions in the centres and support the wellbeing of detainees; regular reviews of detention by increasingly senior officers to ensure that detention remains appropriate and to drive forward case progression; and independent judicial oversight of immigration detention.

The adults at risk policy implemented in September 2016 provides a further vital safeguard and was a key part of our response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention, which was commissioned by the Prime Minister when she was Home Secretary. Under the adults at risk policy, vulnerable people are detained or their detention continued only when the immigration considerations in their case outweigh the evidence of vulnerability. Detention decisions are made on the basis of all the available evidence. Cases are reviewed not only at regular intervals, but whenever new evidence comes to light.

As I mentioned a few moments ago, we were all deeply shocked by the events shown in the BBC’s “Panorama” programme about Brook House. The centre operator took swift action in response, suspending and then dismissing a number of members of staff, and, as I said, Kate Lampard has been commissioned to conduct an independent review.

The national referral mechanism is the existing process by which people in the UK who may have been trafficked, or people in England or Wales who may be the victims of slavery, servitude or forced or compulsory labour, can be identified and supported by the Government or other agencies. In addition, detention centre rules 34 and 35 help us to identify vulnerable victims.

The right hon. Member for Enfield North asked a very specific question about how many individuals are categorised as level 1, 2 or 3 under the adults at risk policy. I will write to her separately with the management information, but I want to put it on record that we are considering publishing that information as part of our response to Shaw. The adults at risk policy seeks to strike a balance between the risk of harm to the individual from detention and the immigration factors in their particular case. That is both sensible and reasonable, and ensures that those who are most vulnerable, and therefore most at risk of harm from detention, are not detained unless the immigration factors outweigh that risk. I believe that that is a proportionate approach, and if people are detained their welfare is, of course, of the utmost concern, including ensuring that the period of detention is as short as possible.

[Joan Ryan]

What the Minister has just said beggars belief in the light of the statistic mentioned by my hon. Friend the Member for Streatham—

[Joan Ryan]

Stretford and Urmston. Streatham is not very far away, is it? You would think, with my accent, I would have been able to get that right—I do apologise.

My hon. Friend talked about 56% of people being released back into the community. There clearly is a problem. It is not as the Minister says. I do not understand what confidence we can have if she cannot take account of that. Will she also confirm that the Shaw re-review will be published later this month?

[Caroline Nokes]

That is an important point about proportionality and the numbers who are released from immigration detention. We use detention to ensure that people who have no right to be here are returned to their home country. However, it is important that when additional information emerges and people demonstrate vulnerability, there is constant review. They can ask at any moment for consideration of immigration bail. That will be automatic after four months and every month thereafter. I accept that we do not make correct decisions all the time. I welcome the fact that when evidence emerges of vulnerability or of another reason it is inappropriate for somebody to be in detention, we are happy for them to be released into the community and for their case to be managed in a better way than detention.

[Kate Green]

The Minister might not have the information before her, but I wonder whether she could write to advise me of the frequency of people being taken into detention, released and then taken back into detention, and the reasons for that. She suggests that new information might come to light and people’s vulnerability may change over time. I accept that, but I would like a better understanding of the degree of churn in the system. That constant uncertainty, and the sense that even when they are returned to the community they might end up back in detention, is extremely damaging to vulnerable people.

[Caroline Nokes]

As I would expect, the hon. Lady makes an important and concerning point about churn. We all share that concern, because we want to have effective immigration policies, not churn. As I said, it is right that when vulnerabilities are demonstrated people are released, and that their immigration bail can be considered on request at any time. I will certainly write to her with the information she seeks.

The Shaw review became available to me at the end of April, which was later than I had anticipated, albeit not by much. We are working very hard on our response. We will publish that as soon as possible, but I want it to be thorough. It is important that the Government’s response is as full as possible, taking on board, understanding and showing action on the recommendations that Shaw has made.

[Afzal Khan]

Listening to the Minister, I am struggling. The simple point is that she has said, even today, that detention is a last resort. We know from the facts that the majority of people are released back into the community. Does that not prove that the system is not fit and that something needs to be done?

[Caroline Nokes]

The hon. Gentleman needs to reflect on the fact that 95% of those who have no right to be here are in the community. A small proportion are in detention, but it is absolutely right that when those who have gone into detention provide us with additional information towards their potential asylum claim, we reflect on that, and that we enable people to be released from detention when they should not be there. I do not accept his premise that the system does not work, and I hope that he might accept that there is a place for immigration detention.

[Afzal Khan]

Will the Minister give way?

[Caroline Nokes]

I am sorry; I wish to conclude my remarks very shortly.

I reassure hon. Members that we are absolutely committed to the welfare of detainees, and specifically to protecting victims of torture and other vulnerable people in immigration detention. I am clear that those aims are important to us and not incompatible. It is to those complementary ends that we are now implementing the judgment that the court set down clearly in October, and we shall seek to do so within a reasonable timescale.

Immigration Rules: Paragraph 322(5)

Caroline Nokes Excerpts

Wednesday 13th June 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure, as always, to serve under your chairmanship, Mrs McDonagh. I congratulate the hon. Member for Glasgow Central (Alison Thewliss) on securing this exceptionally well-attended debate. There have been numerous contributions from hon. Members; I fear I will not have enough time to do them justice by referencing them individually, but I think it is important that we look closely at this whole matter. That is one reason why we have the review.

The hon. Lady and many hon. Members have raised individual cases, which are of course central to this debate, but we must also reflect on the policy as a whole, and many hon. Members have requested that I do so.

[Stephen Doughty]

When the Minister appeared before the Home Affairs Committee in May, she claimed she had not had the time to look at those cases because there had only been two working days since the issue had been flagged up. She was told in November last year by my hon. Friend the Member for Birmingham, Yardley (Jess Phillips). My hon. Friend the Member for Reading East (Matt Rodda) wrote to her in February and we have heard that my hon. Friend the Member for Oxford East (Anneliese Dodds) wrote to her in March. Can she clarify for the House, and for other members of the Committee, when she first knew about this issue?

[Caroline Nokes]

It is important that we reflect that I cannot comment on correspondence received by my predecessors back in November. What is important is that we are looking at the review now and at the individual cases, of which there are many. I will come to the specific points about numbers in due course.

As hon. Members will know, the Government are committed to building an immigration system that is fair to British citizens and legitimate migrants, while being tough on those who abuse the system or flout the law. We welcome those who wish to come here, stay here and take up highly skilled work, but people must play by the rules. Reports have suggested, and we have heard it repeated today, that the Home Office has been telling people who made a minor mistake on their tax records that we are deporting them because they are a threat to national security. I want to be very clear: that is not what is happening. We are not refusing people for making minor tax errors. We are certainly not saying they are terrorists.

The refusals we are discussing all relate to the tier 1 (general) route, which allowed individuals to come to the UK to look for work without needing a sponsoring employer. The hope was that they would make a significant economic contribution to the UK through taking up highly skilled jobs. The Government closed the route in 2011, as it had not worked as intended and, indeed, there were levels of abuse. Many applicants ended up in relatively low-paid work; an operational assessment of the route in 2010 found that 29% of tier 1 migrants were in low-skilled jobs and the employment of a further 46% was unclear. When they applied to extend their stay, many had PAYE earnings that were below what they needed to score enough points to remain in the route, but they also claimed for self-employed earnings. In some cases, the evidence showed that the claimed self-employment did not happen, and in other cases the evidence was less clear.

We were unable at the time to carry out the same level of checks with HMRC that we can today, and applicants in those cases where the evidence was not clear were given the benefit of the doubt. Now that those same individuals are applying for settlement, we are able to make more rigorous checks with HMRC on what applicants have told us in the past about their self-employment, and compare it with what they have told us for HMRC purposes.

Again, I want to be really clear: we do not have a policy of refusing people for making minor tax errors. We all know that many people have to make corrections to their tax records. However, there is a clear pattern that does not reflect that sort of minor correction. In many cases, more often than not, the self-employed earnings used to claim points in the tier 1 application have been £10,000 or more higher than the self-employed earnings reported to HMRC. That is not minor.

There are numerous examples where applicants have either not amended their tax records, or have amended them several years later, only shortly before applying for settlement, so that the records match. We have even seen cases where applicants have subsequently amended their tax records back down again after applying for settlement.

We give applicants the opportunity to explain, and we take their explanation and all available evidence into account. Any such cases must be signed off by a manager before they are refused. The review that I am carrying out is checking those safeguards to make sure that they have been followed correctly. We refuse cases only where applicants have been unable to provide a satisfactory explanation of what their self-employed activities are or why their earnings reported to the Home Office and to HMRC are so different. We will refuse cases where the evidence leads us to conclude that an applicant provided misleading information to one branch of Government or other.

[Afzal Khan]

Will the Minister give way?

--- Later in debate ---

[Caroline Nokes]

I am sorry; I only have a few minutes and I want to explain what paragraph 322(5) is for. It is for refusing applications where the evidence shows that an individual has not played by the rules. While there has been a focus on the minority of judgments that go against the Home Office, more often than not the courts have supported our refusal decisions.

[Lyn Brown]

Will the Minister give way?

[Caroline Nokes]

I am sorry; I simply do not have time. I have about three minutes left.

To pick an example, in May this year the upper tribunal agreed with us that an applicant’s explanation was simply “hopeless”, and noted the timing of the amendment in relation to the ILR application. Paragraph 322(5) is a long-standing provision within the immigration rules, dating back to 1994.

[Lyn Brown]

Will the Minister give way?

[Caroline Nokes]

I have already told the hon. Lady that I will not. Paragraph 322(5) was not introduced to support compliant environment policies, as has been suggested, as it long pre-existed those policies. It does not mean that any particular individual represents a threat to national security, but for obvious reasons we do not seek to isolate national security refusals from others.

However, I also recognise that it is not enough simply to talk about circumstances that happen more often than not. Each case is individual and must be treated on its own merits, which is why we are using this review to make sure that no one who has made an innocent mistake has been caught up in tackling the wider abuse. That is why we have had this review, which is still ongoing. The first phase is complete, and I just wanted to indicate specific numbers. There were 281 in the first phase and 1,671 in the second. While I do not wish to prejudge the final conclusions, it has been very clear that they are broadly in line with what I have said this afternoon. I will report the conclusions of the review to Parliament once it is completed. [Hon. Members: “When?”] The first phase of the review, as I indicated, is already complete. As soon as the second phase, which is a significantly higher number, is done, we will report it to Parliament and to the Home Affairs Committee, as I said.

We are aware of 427 appeals and judicial reviews in progress. Many are still outstanding, but no applicants have been successful at judicial review, and only 38 appeals have been allowed, mostly on human rights grounds. All current cases are on hold, and while it is the case the applicants’ statuses are protected, that means that those who applied before their existing leave expired can continue to work, and their other rights, to rent and to NHS services, are also unaffected.

In 50 of the cases we have considered, there has been a discrepancy in excess of £10,000 between the income claimed to HMRC and the income claimed to UKVI, and 34 of the applicants sought to amend their tax records only within the 12 months preceding the submission of an application.

It is very important that we have a rigorous review that reports when the findings are clear. However, I would like to inform Members this afternoon that we have taken a very thorough approach with this, determined to find out whether there are any genuinely wrong refusals and to put them right.

Question put and agreed to.

Resolved,

That this House has considered paragraph 322(5) of the Immigration Rules.

Immigration (Guidance on Detention of Vulnerable Persons) Regulations 2018 Detention Centre (Amendment) Rules 2018

Caroline Nokes Excerpts

Wednesday 6th June 2018 General Committees

[Joan Ryan (Enfield North) (Lab)]

It is a pleasure to serve under your chairpersonship, Mrs Moon. It is not the first time I have done so; I think the first time was in Westminster Hall. I make no apology if I repeat some of what my hon. Friend the Member for Manchester, Gorton said from the Front Bench, because this matter is of such importance that it bears repeating.

I welcome this opportunity to scrutinise Government policy relating to the welfare of vulnerable people in immigration detention. At the risk of your ire, Mrs Moon, I will say that I do not think any of us has ever said that there is absolutely no place for immigration detention, but legislation and guidance have always referred to exceptional circumstances. Members sitting on a Committee of this importance, where we see a present danger and threat to the health and life of human beings, should know that.

The new Home Secretary, as my hon. Friend said, has pledged to re-evaluate the Government’s hostile environment policy because of the Windrush scandal. I completely agree with my hon. Friend; the adults at risk policy is part of that hostile environment, and I think the court judgment demonstrated that. The issues we are discussing today should be an important part of that review, because the treatment of victims of torture and other vulnerable people in the country’s immigration detention system is nothing short of scandalous. The current safeguards have failed, and the proposed amendments to the detention centre rules and the guidance on the detention of vulnerable persons set out in the statutory instruments will fail to provide adequate protection to vulnerable people.

I prayed against these statutory instruments with the support of Front-Bench colleagues to give the Government an opportunity to break with the errors of past policies. I urge the Minister to withdraw the SIs so that a proper consultation can be carried out on the proposed changes.

The Minister will know that I brought a ten-minute rule Bill before the House last December to make provision about immigration detention safeguards for victims of torture and other vulnerable people—I emphasise “other vulnerable people”. I will come to that point, but I am sure the Minister understands why I emphasise it. Long-standing Home Office policy has required that vulnerable people, including those with independent evidence of torture, should not be detained unless in exceptional circumstances. In practice, however, many are.

Extensive medical evidence has shown that immigration detention can seriously harm the mental health of detainees, particularly those who have previously suffered ill treatment, and the conditions of immigration detention can be appalling. Six court cases in recent years have reported on the inhuman and degrading treatment of detainees. Surely we should all be shamed by such reports. In 2017 alone, 11 people died in custody. Detainees in immigration detention are dying at a faster rate than we have seen before. We should all be deeply concerned about that.

In 2016, the then Home Secretary—now Prime Minister—commissioned the former prisons and probation ombudsman, Stephen Shaw, to conduct a review of the welfare of vulnerable persons in detention. His damning report found that the safeguards for vulnerable people were inadequate, and that detention was used too often and for too long. It is not a Labour spokesperson saying that; it is the former prisons and probation ombudsman.

However, the implementation of the Government’s adults at risk policy, which incorporates the detention centre rules and guidance on the detention of vulnerable persons, failed to address Shaw’s recommendations. Far from increasing protection to vulnerable detainees, it increased the risk of harm. In its initial 10 weeks of implementation, the adults at risk policy was applied incorrectly in almost 60% of 340 cases. Between January and September 2017, Freedom from Torture’s medico-legal report service received 101 referrals for suspected torture survivors in immigration detention, and 14 of its treatment clients were detained between January 2016 and November 2017. Torture survivors continue to be detained.

The guidance on the detention of vulnerable persons raised the threshold for a decision not to detain by increasing the evidentiary burden on the vulnerable individual. As a result, the release rate following a rule 35 report—designed to screen torture victims out of detention—has fallen dramatically. In quarter 3 of 2016, before the policy was introduced, 39% of those with a rule 35 report were released. In quarter 1 of 2018, that number fell to 12.5%.

According to the charity Medical Justice, the Home Office policy fundamentally weakened protections for vulnerable detainees, leading to more, rather than fewer, being detained for longer. That analysis was borne out in October 2017 by a ruling of the High Court in a case brought against the Home Office by Medical Justice and seven detainees. It found that the adults at risk policy unlawfully imprisoned hundreds of victims of torture. Do any of us really want to be responsible for that? That was due to the Home Office’s deeply regrettable decision to narrow the definition of torture so that it refers only to violence carried out by state actors, and excludes vulnerable survivors of non-state abuse. We can all think of organisations that might be responsible for non-state abuse. The policy also encourages states—some rogue states—to outsource torture to organisations such as ISIS, the Taliban, Hezbollah to name but a few: I am sure hon. Members can come up with examples of their own.

Let me come to some of the questions I want the Minister to answer today. They echo some of the points that my hon. Friend the Member for Manchester, Gorton made, and those that I am sure other hon. Members will make. The Government tabled these statutory instruments in direct response to the High Court’s ruling. Why are the Government proceeding with introducing these statutory instruments in their current form when Medical Justice—the very organisation that brought the successful litigation against the Home Office—has said that these changes will not deliver inclusive, protective and effective detention safeguards for vulnerable people? Why are we going ahead with that? The Government should be paying due respect and attention to the assessment of experts. They should have done that some time ago and saved themselves a High Court judgment. They should most certainly be doing that now.

Instead, to quote Freedom from Torture and Medical Justice,

“The SIs were laid before Parliament following an inadequate and expedited ‘consultation’ with a limited group of NGOs.”

They cautioned against the new torture definition, as set out in SI 2018/411, and said it was unnecessary, inappropriate and too complex for caseworkers and doctors to apply to specific cases. That is the very point made by my hon. Friend the Member for Manchester, Gorton. They said that,

“even when applied correctly, the definition will exclude a group of victims of severe ill-treatment, who do not fall within the other indicators of risk”.

Their concerns have been ignored by Government.

Why does the Minister think it necessary to produce a new definition of torture when the Government were not ordered to do so by the High Court? Can the Minister explain why the Government rejected the recommendation of Freedom from Torture and Medical Justice that the current categories of torture and victims of sexual or gender-based violence be replaced with a more inclusive category, modelled on the UN High Commissioner for Refugees’ detention guidelines, namely,

“victims of torture or serious physical or psychological, sexual or gender-based violence or ill treatment”?

NGOs stipulated that the new catch-all provision within the revised guidance on detention of vulnerable persons

“does not adequately mitigate the risk of excluding from the protection of the safeguard those who are known to be at risk of harm in detention”.

Their concerns, again, have been ignored by Government. NGOs asked the Home Office to await the publication of Stephen Shaw’s re-review into the welfare of vulnerable people in detention, in order to allow consideration of his findings before laying changes before Parliament. Their concerns have been ignored by Government, as have the concerns of the cross-party group of parliamentarians, including myself, who signed Lord Dubs’ letter to the Minister in March.

I raised this matter with the Minister during our telephone call about these issues on 28 March but was not provided with a satisfactory response. I wondered whether the telephone call was lip service or a tick-box exercise in order to say that consultation had taken place. The High Court judge did not demand that the Home Office respond to the court order before Shaw published. As we now know, Shaw gave the Home Office his report a matter of some weeks before these statutory instruments were tabled in the House.

[The Minister for Immigration (Caroline Nokes)]

indicated dissent.

[Joan Ryan]

I will refer to the timeline in a moment but I understand that the Minister had the report.

[Caroline Nokes]

I would like to provide reassurance on that. I received Mr Shaw’s report at the end of April.

[Joan Ryan]

I accept what the Minister has said but I will check my notes when I sit down. If necessary, I hope she will let me come back. Whatever the case, the Minister has the Shaw re-review now. Given the considerable resource and expert input expended on the second Shaw review, I consider it deeply ill advised to proceed with these changes before the Government, parliamentarians and expert NGOs have had time to consider Shaw’s latest recommendations.

Let us be clear: as the judge did not ask for this to be done, it was always an option for the Government to go back to before the adults at risk policy and narrowing torture definition that have caused all the problems. They could have gone back to the previous policy while we look at the Shaw re-review, before laying these SIs. Why did the Minister not wait for Shaw to provide his findings before issuing these statutory instruments? It seems inexplicable, and the answers I have seen from her in no way answer that question. Can she explain why she believes that it is more sensible to consider the revised definition of torture and the amended guidance separately from the findings of the Shaw re-review? Given the relevance of Shaw’s re-review to the adults at risk policy, when will his report be made publicly available? Also, given that the Home Office possesses the report, why can we not see it now?

In a written statement on the Windrush scandal, which the Home Secretary submitted to the House on 24 May, he said that it was

“fundamentally important that the lessons from this episode are learned for the future, so that this never happens again.”—[Official Report, 24 May 2018; Vol. 641, c. 53WS.]

It is blindingly obvious that the Government are refusing to learn the important lessons on how to increase the protection of vulnerable detainees. The Government have ignored the expert advice of esteemed organisations, cross-party concerns in Parliament, expressed through questions, letters and early day motions, and a Select Committee inquiry, none of which has been properly addressed. As a consequence, here we are today, discussing statutory instruments that are not fit for purpose.

If there were any doubt about the level of concern, I am sure that the Minister is aware that early-day motion 696 was signed by 131 MPs, making it the eighth most supported early-day motion in the 2017-19 parliamentary Session. We have also had the early-day motions that have prayed against today’s statutory instruments: early-day motion 1200 and early-day motion 1202, which have 115 and 111 signatures respectively. That is a significant level of concern.

As we have heard, the Joint Committee on Human Rights is considering this matter today. The Home Affairs Committee also conducted an inquiry. I have read the transcript of that, and the answers that were given were most unsatisfactory. Next Thursday, we will have a Back-Bench debate in Westminster Hall that was requested by more than 20 MPs. The issue is not going away. Nobody is satisfied; everybody is concerned. I do not understand why the Minister is not paying any attention to what Members of Parliament, Select Committees and experts are saying.

How can the Minister say with confidence that, despite all the concerns that have been raised, the statutory instruments will make the situation better, not worse, for vulnerable people in detention? Is she willing to acknowledge that the Government may be running a real risk of further court action by ploughing on regardless of criticism? I cannot believe that she wants to make the situation worse for vulnerable detainees, so I cannot understand why she will not listen to what is being said to her.

In December 2017, as part of the conclusion to a ten-minute rule Bill speech, I said:

“The UK has a proud history of providing sanctuary to people fleeing violence and persecution. We have both moral and legal obligations to victims of torture and other vulnerable people who seek asylum. The UK must set an example as a country that respects and upholds human rights commitments. The torment faced by many individuals in the Government’s immigration detention system runs counter to this country’s proudest traditions.”—[Official Report, 20 December 2017; Vol. 633, c. 1073.]

We are asking for a policy devised with consideration, care and compassion for victims of torture and other vulnerable people who have come to this country seeking refuge. In order to ensure a more humane approach to immigration detention in general, I also urge the Minister to end indefinite immigration detention, and to introduce a 28-day time limit. I will not pursue that, because it is not the subject of the statutory instruments, but it is obviously a related issue. Will she therefore commit to reviewing that policy too?

The Government must learn the lessons from this episode so we do not end up back in court again. That would not be the worst outcome; the worst outcome would be to harm vulnerable individuals who are detained when they should not be. I urge the Minister to reflect on my concerns and withdraw the regulations. The Government must also engage constructively with parliamentarians and expert non-governmental organisations to ensure we have a policy that works for the good of vulnerable detainees. I look forward to the Minister’s response to my speech and her answers to my questions. I thank Committee members for their patience.

--- Later in debate ---

[Caroline Nokes]

I am grateful to the right hon. Member for Enfield North for prompting today’s debate and for the opportunity to set out the Government’s position on these matters. We put significant effort into encouraging individuals to comply with immigration rules and supporting those with no right to remain in the UK to leave voluntarily. Unfortunately, a minority of individuals refuse to comply with the immigration rules and detention may be a necessary and proportionate tool to enforce their return.

Detention is used sparingly and we operate a strong presumption in favour of liberty. At any one time, we are detaining only 5% of those liable to removal, and the number of individuals we detain is decreasing: in the year ending March 2018, 26,541 people entered immigration detention, a reduction of 8% on the previous year.

Each time an individual is detained, there must be a realistic prospect of removal within a reasonable timescale, and we expect those making detention decisions to consider the likely duration of detention necessary to effect removal. The vast majority are held for very short periods: some 91%, or 25,000, of those leaving detention in the year ending March 2018 were detained for less than four months, and 64% were detained for less than a month.

When it is necessary to detain people in order to remove them, we have a number of safeguards in place, which are a key component of the adults at risk in immigration detention policy. The adults at risk policy was implemented in September 2016 and was a significant part of our response to Stephen Shaw’s review of the welfare of vulnerable people in immigration detention. Under the policy, vulnerable people are detained or their detention is continued only when the immigration considerations in their particular case outweigh the evidence of vulnerability. Decisions are made on the basis of all available evidence. Cases are reviewed regularly, as well as on an ad hoc basis whenever new evidence comes to light in respect of removability and vulnerability.

That brings me to the specifics of the statutory instruments, as they relate directly to the adults at risk policy. The main purpose of the statutory instruments is to amend the definition of torture for the purposes of immigration detention. Torture is one of the 10 indicators of risk in the adults at risk policy, in addition to a further safeguarding provision for any other vulnerability.

I do not dispute the assumption that individuals who have been tortured—along with all others who are vulnerable under the terms of the adults at risk policy—should be considered to be at particular risk of harm if detained, but that does not mean that such individuals should never be detained. The adults at risk policy represents a proportionate and rational way of carefully balancing the vulnerability considerations against immigration considerations. It aims to ensure that when the most vulnerable are detained, it is only for very short periods of time or where there are overriding public protection concerns.

The way in which torture is defined in the context of immigration detention has a long history. The definition in use, the so-called EO definition, was established in case law in 2013. It is a broad definition, which limits the ability of the Home Office and of immigration removal centre health services to focus resources on the most vulnerable. The Home Office therefore introduced the UNCAT definition of torture into the adults at risk policy. As we have heard this afternoon, the High Court has since declared that definition to be unlawful when used for the purposes of immigration detention. We of course accept the High Court’s view.

Contrary to what some have argued, however, the court also declared that the adults at risk policy was inherently sound. It took issue with the EO definition of torture, believing that it did not get to the heart of the imperative of defining torture in terms of the impacts of acts of harm that would be triggered by immigration detention. The court helpfully set out its view on what a rational definition of torture for the purposes of immigration detention should look like, and we used that as the basis of the definition set out in the statutory instruments.

The court also said that the broad safeguarding provision was not effective and that guidance needed to be amended. The SI bringing into force the revised statutory guidance meets that requirement.

[Joan Ryan]

First, the Minister is correct—I am saying so for the record—about when she received the Shaw re-review. However, she laid the statutory instruments on 27 March, to come into effect on 2 July, so she will have had the Shaw re-review for a couple of months before they come into effect. It does not seem reasonable not to have waited so that we could have taken that important re-review into account.

Secondly, I want to come back on the torture definition. Does the Minister agree that the judge did not order the Home Office to maintain a torture definition? His commentary on the definition was caveated with

“if that indicator is to be retained”.

The mechanism should have a very low threshold for identifying those vulnerable to harm in detention—much lower than that setting out culpability under international law. That does not seem to be where we are. This narrow approach risks excluding others who are no less highly vulnerable and who have suffered serious ill-treatment.

[Caroline Nokes]

I thank the right hon. Lady for putting on the record that I received Mr Shaw’s re-review at the end of April this year. She will be conscious that we have significant parliamentary timetable issues to get through, not least the summer recess. The High Court judgment was delivered on 10 October last year with an emphasis on timeliness. When I spoke to the right hon. Lady and before we laid the SIs, I did not know exactly when the Shaw re-review would arrive. I was expecting it imminently but, in the event, it came significantly after the date that I had expected it—by a couple of weeks. I was anxious that we should not be in the situation, 12 months on from the judgment, of not having responded and of still not having a new definition on the statute book.

The right hon. Lady spoke about whether there is a need for a definition of torture or, indeed, the other aspects of vulnerability that make up part of our adults at risk policy. However, there are 10 separate elements of indicators of vulnerability, of which torture is only one. We were conscious of the potential for some vulnerability that we had not previously considered, so we included a catch-all category at the end to enable different types of vulnerability that had perhaps had been missed to be considered by health professionals working in the detention estate when considering people’s suitability—or, indeed, by our detention gatekeepers.

[Joan Ryan]

I thank the Minister for being so generous in giving way. I agree that a catch-all is vital to ensure that unforeseen vulnerabilities can be picked up, but it is not an adequate substitute for known categories of vulnerability. Therefore, will the Home Office merge the existing categories of sexual violence and torture into a more comprehensive category modelled on the UNHCR detention guidelines, to ensure that vulnerable people are identified?

Furthermore, expert non-governmental organisations have said that the catch-all is too vague. The idea that the list is not exhaustive is essentially what the catch-all is, which leaves caseworkers in a difficult position; vulnerable people who should not be detained will be detained.

[Caroline Nokes]

I thank the right hon. Lady for her view. I disagree with her; it is important to have a catch-all that enables other categories to come forward. I do not want to make our definitions and guidance so restrictive that people may fall through the cracks. I am sure we all agree that that is absolutely the worst thing that could happen.

The view was put forward, as the right hon. Lady said, that the Home Office should not have laid these statutory instruments until Stephen Shaw’s follow-up report is published. I do not accept that; the changes we seek to make through the statutory instruments are to implement the court’s judgment within the reasonable timescale set by the court. The right hon. Lady will have read the judgment; specifically, paragraphs 172 to 177 cover these points in some detail. The Government have been correct to take the necessary action to put in place the new definition of torture within a reasonable timeframe. It is also right that we have made the important amendment to the statutory guidance, to put it beyond doubt that the list of 10 indicators is not exhaustive.

Implementing the court’s judgment is just the first step, and it is the right thing to do now. Stephen Shaw has conducted a wide-ranging re-review and we will consider carefully his recommendations, which have been relatively recently received and will be published, along with our response, towards the end of this month. We will take the recommendations into account and review the operation of the rule 35 reporting mechanism, as part of the wider review of the detention centre rules later this year. That exercise will be subject to consultation.

Until the report is formally published, I will not be in a position to disclose its contents. I can, though, say that my officials informed Mr Shaw’s team of proposals to implement the new definition of torture in parallel with their engagement with NGOs. I have explained to some hon. Members already that we will most certainly take Mr Shaw’s views into account when we review the detention centre rules later in the year. The imperative at present is to ensure that, in the light of the court’s very clearly expressed view, the correct definition of torture is applied without undue delay.

I turn to some of the comments made by right hon. and hon. Members. Please be assured that I have heeded the warning of Mr Shaw’s review and, if it can be regarded as such, the warning in paragraphs 172 to 177 of Mr Justice Ouseley’s judgment of 10 October. As I said, the review of the detention centre rules will come later this year. Adults at risk did form part of Shaw’s review, which will be published at the end of this month. That gives us the opportunity to carefully consider and establish what enhancements can be made to that policy. I regard it as a work in progress and something that we need to make sure we make necessary improvements to, as required.

The right hon. Member for Enfield North mentioned timeliness; the High Court had the benefit of the experts brought before it by Medical Justice. I am sure that she has read the judge’s comments, but I remind her that we had already invited Mr Shaw to carry out his re-review. I feel that there is a time imperative: we should not have allowed parliamentary recesses and delay to mean that we did not have a better definition 12 months after that judgment. We are considering the adults at risk policy in the round and we will publish Shaw’s report and our response later this month.

The right hon. Lady concluded with a comment on the 28-day time limit, which, although not strictly in the terms of these regulations, I regard as an arbitrary time limit that potentially runs the risk of those with no right to be here deliberately frustrating their removal, simply to meet the date at which they might be released.

The hon. Member for Feltham and Heston made some important points about mental health and the welfare of detainees. I take on board her comments about those with serious mental health conditions. We have worked very hard to introduce the mental health action plan in 2016—it was developed by the Home Office, NHS England and the Department of Health and Social Care, following research by the Centre for Mental Health.

I am firmly of the view that the provision of mental health care in IRCs is crucial, but it is a matter for NHS England. We must, of course, remember that those with serious mental health conditions are perhaps best looked after under section 48 of the Mental Health Act 1983 and in hospital.

It has been suggested this afternoon that caseworkers and doctors would find the definition of torture set out in the statutory instruments to be too complicated. I do not accept that. As I have said, that is based on guidance provided by the court and has a number of key elements that must be met, but it is not inherently complex. We are in the process of producing detailed guidance for caseworkers who will be making decisions, and have engaged with a range of non-governmental organisations on the guidance.

My officials are currently also involved in running out an extensive training programme for caseworkers and healthcare professionals working in immigration removal centres and short-term holding facilities.

[Joan Ryan]

My understanding is that there was confusion when many of the caseworkers in training were questioned afterwards about the sample cases put before them on whether a person would be classed as vulnerable, should be safeguarded or not be detained. It was very difficult for them to identify who should be detained and who should not. Therefore, there is reason for concern. Medical Justice says that there will be problems applying this definition for medico-legal reports. Why are we not listening to what it says?

[Caroline Nokes]

We invited NGOs to attend the early sessions as observers and provide feedback. It is important that we evaluate carefully the success of training as part of any process. As I said, we are still in the process of rolling out guidance and the training programme. To date, we are about one fifth of the way through the training programme. It is important that we continue to learn the lessons.

I believe that these are important statutory instruments. As I explained to right hon. and hon. Members, the court clearly indicated that our previous definition was not adequate, so I have no hesitation in commending them to the Committee.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 4th June 2018 Commons Chamber

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

4. What recent assessment he has made of the adequacy of the new process for non-UK EU citizens resident in the UK to apply for settled status. [R]

[The Minister for Immigration (Caroline Nokes)]

The application process for resident EU citizens and their family members to obtain that status in the UK after we leave the EU will be straightforward, streamlined and user-friendly, and there will be a dedicated customer contact centre to help people through the process. The majority of applicants will need to meet only three criteria: they will have to prove their identity, prove that they are resident in the UK, and prove that they do not pose a serious criminal or security threat.

[Kate Green]

According to the Migration Observatory, 64,000 non-Irish EU nationals in the UK have never used the internet, and 250,000 have reported language-related difficulties in accessing or keeping work. What capacity will the Home Office have to deal with the many thousands of applicants who will not be able to apply online?

[Caroline Nokes]

It is crucial that, in addition to our assisted digital application process, we will have dedicated support—lines to help people through the process. But I am very conscious that there will be people with language difficulties; that has been raised with us by some of the user groups, and we are looking to see how we can assist them as well.

[James Gray (North Wiltshire) (Con)]

I greatly welcome the Minister’s announcement that the process will be smooth and easy to follow, but agree with the hon. Member for Stretford and Urmston (Kate Green) that a very large number of otherwise extremely sophisticated people in this country do not know that it will be as easy as my hon. Friend describes. By what mechanism will she get the message out to all these people that they are welcome here, that the process will be easy, and, crucially, that the cost of applying for residency will be no more than the current cost for a British citizen of applying for a passport?

[Caroline Nokes]

We have been very clear from the outset that the cost of the scheme will be no more than the cost of applying for a British passport, and indeed for those who already have permanent residency there will be no cost at all. It is crucial that we continue to work with our user groups, and as we roll the scheme forward we will be providing more information, including through our dedicated email service that we are sending out to people. But we do have an important communication job to make sure people know how to apply and when the scheme opens.

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

Efforts to involve community groups and public services such as libraries in facilitating settled status applications seem almost non-existent. I learned from Scottish Government colleagues last week that in Scotland the UK Government have made only cursory contact with just two libraries. Can the Minister tell us what further engagement is planned with community groups and public services?

[Caroline Nokes]

The Home Office continues to engage with people, businesses and organisations across the UK. We are seeking a deal that works for the entire UK and it is very important that we make sure that user groups in Scotland, including organisations such as Citizens Advice, have the necessary resources and understanding of how this system is going to work. We are rolling forward an engagement programme from this point onwards, and I am looking forward to making further announcements in due course.

[Andrew Bridgen (North West Leicestershire) (Con)]

Does the Minister agree that the fact that 3 million or 3.5 million EU citizens wish to remain in the UK after we leave the EU is a huge vote of confidence in post-Brexit Britain’s future? Does she wish that all colleagues in this House had as much confidence as those EU citizens who wish to remain in the UK after we leave?

[Caroline Nokes]

My hon. Friend makes an excellent point. There are more EU citizens living and working here now than there were at the time of the referendum, and we want to make sure that it is very clear to them that they are welcome. We welcome the contributions they make to both our communities and our economy, and we are working to make sure that the streamlined process is as easy as possible.

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

EU citizens are worried that they might be subjected to the same treatment as the Windrush generation; we have seen similarly cruel treatment of highly skilled migrants deported because of minor tax errors. What system is the Minister putting in place to ensure that, when the settled status system is up and running, issues can be picked up internally without the need for a media storm and extensive pressure from the Opposition?

[Caroline Nokes]

Of course, it is crucial that the settled status scheme gives people a digital confirmation of their right to live, work and rent property in the UK, and we are absolutely committed to doing that.

The hon. Gentleman also raised the issue of people with minor tax discrepancies. It is important to reflect that there have been several instances where those minor discrepancies have run into tens of thousands of pounds, and it is crucial that we pick up any discrepancies between what people are declaring as their income for immigration purposes and their income for tax purposes. We want to make sure that we collect the amount of tax that is owing.

[Lucy Allan (Telford) (Con)]

5. What steps he is taking to tackle the sexual exploitation of vulnerable children.

--- Later in debate ---

[Damien Moore (Southport) (Con)]

10. What steps he is taking to ensure that illegal migrants cannot work in the UK.

[The Minister for Immigration (Caroline Nokes)]

Employers have had a duty to prevent illegal working since 1997. In 2016, we introduced tougher sanctions on rogue employers and made illegal working a criminal offence, so that wages can be seized as proceeds of crime. We have recently introduced additional safeguards to protect legal migrants seeking employment who do not have the necessary documentation to establish their lawful immigration status.

[Damien Moore]

I welcome my right hon. Friend’s commitment to reducing illegal immigration. Does she agree that the best way to deter illegal migrants from looking for work in the UK is by preventing their entering the country with stringent checks at air and sea ports?

[Caroline Nokes]

I thank my hon. Friend for that question. All passengers arriving in the UK at passport control are checked against watch lists on arrival at the border. The majority of those people are checked against our systems before they even travel, through the collection of advance passenger information. Between April 2010 and March 2018, we refused entry to 138,992 people, including more than 18,000 in the year to March 2018.

[Tim Farron (Westmorland and Lonsdale) (LD)]

Those seeking asylum in the UK are currently banned from working and, as a result, they are forced to live in penury and are denied the right to contribute their skills to our society. Does the Minister agree that this system is lacking in both compassion and common sense? Will she reform it?

[Caroline Nokes]

Our asylum system provides accommodation and funding for those who are here during the process of their asylum claim. The hon. Gentleman makes an important point: we must continue to make sure that the UK has one of the most humane asylum systems in the world. We are working very hard to make sure we do that.

[Mr Tanmanjeet Singh Dhesi (Slough) (Lab)]

11. What discussions he has had with Cabinet colleagues on tackling cyber-attacks.

--- Later in debate ---

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

14. What steps his Department is taking to ensure that the hospitality and tourism sector can continue to access seasonal workers from the EEA after the UK leaves the EU.

[The Minister for Immigration (Caroline Nokes)]

The Government are considering a range of options for the future immigration system. We will make decisions based on evidence and engagement. We have asked the independent Migration Advisory Committee to advise on the economic and social impact of the UK’s exit from the EU and on how the UK’s immigration system should be aligned with a modern industrial strategy.

[Steve Double]

The tourism and hospitality sector’s No. 1 concern is post-Brexit access to the labour force. Many seasonal workers will not qualify for settled status under the current framework because of the seasonal nature of their work. Will the Minister consider some sort of seasonal workers scheme for the hospitality sector, along the same lines as a seasonal agricultural workers scheme?

[Caroline Nokes]

I recognise the importance of tourism in my hon. Friend’s constituency and his work in the all-party group on the visitor economy. Seasonal workers make an important contribution to the tourism and hospitality sector, and it is a sector that we wish to see thrive. Any EU citizen who is currently in the UK will be able to benefit from the settlement scheme that we are establishing. For the longer term, we have asked the independent Migration Advisory Committee to advise us; I am sure that it will be mindful of my hon. Friend’s points.

[Martin Whitfield (East Lothian) (Lab)]

Along with the hospitality industry, the agricultural industry is crying out for help on migrant workers. Will the Government confirm that they will reinstate the seasonal agricultural workers scheme and allow it to reflect the needs in different areas, such as my county of East Lothian?

[Caroline Nokes]

The hon. Gentleman has identified farming and my hon. Friend the Member for St Austell and Newquay (Steve Double) asked about tourism, but a number of other sectors are affected, including fisheries, which has been raised with me recently. It is crucial that we take the advice of the Migration Advisory Committee and that we have evidence-based policy making. I reassure the hon. Gentleman and other Members that I am looking into this issue very closely indeed.

[Kwasi Kwarteng (Spelthorne) (Con)]

16. What steps he is taking to tackle extremism.

--- Later in debate ---

[The Minister for Immigration (Caroline Nokes)]

We will continue building and managing an immigration system that meets the economic and social needs of the UK, and I will set out further plans in due course. I am committed to a fair and humane system, and we are reviewing the operational assurance regime across the borders, immigration and citizenship system to ensure that it is effective and reflects best practice.

[Craig Tracey]

In recent months we have seen a squeeze on doctors’ ability to come to this country to fill vital roles in our NHS. What steps are the Government taking to ensure that we can access the skills that are needed while ensuring that our immigration system becomes sustainable?

[Caroline Nokes]

We keep the tier 2 cap under close review. Priority is given to doctors working in shortage specialisms, as determined by the Migration Advisory Committee, and no one has ever been refused for any of those posts. We have taken steps to boost training places for nurses and doctors, and a record number of undergraduates will begin medical training by 2020, with 1,500 new places.

[Several hon. Members rose—]

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

Thank you, Mr Speaker.

The Home Affairs Committee recommended in February that the Government look again at the tier 2 system, because doctors were already being turned away. The BMJ is now reporting that 1,500 doctors have been turned away even though they had job offers in the national health service. In the Home Affairs Committee and the Health and Social Care Committee, and across the House, there is a strong desire for us to make sure that we get the doctors we need. The Home Office said in response to our recommendations that it was simply going to wait until the publication of the MAC report in October. That is too late. I urge the Government to change the system now to ensure that we can get in the doctors we need.

[Caroline Nokes]

I thank the right hon. Lady for her question, and I welcome the comments that various Select Committees have made on this issue. I have absolutely no doubt that she heard the Home Secretary’s comments yesterday, and I reassure her that we are looking at the matter closely.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

24. What steps his Department is taking to tackle modern slavery.

--- Later in debate ---

[Ms Karen Buck (Westminster North) (Lab)]

T4. A few weeks ago, the Government’s chief inspector of borders and immigration said of the right to rent policy that it“is yet to demonstrate its worth as a tool to encourage immigration compliance”,that“the Home Office has failed to coordinate, maximise or even measure…its use”,and that“externally it is doing little to address stakeholders’ concerns.”Is it not time to listen to the wide range of concerns about this failing policy? What is the Secretary of State going to do to review it?

[The Minister for Immigration (Caroline Nokes)]

The right to rent is an important component of the Government’s policies to make sure that those who are living here illegally do not find it easy to access the services and facilities that those who are here legally access. It is really important that we draw a clear distinction between legal and illegal immigration. The Government are determined to make sure that we implement our policies in an effective but humane way.

[Tom Pursglove (Corby) (Con)]

I was humbled to take part in the Firefighters Memorial Day commemorations in Corby a few weeks ago. Will my right hon. Friend join me in commending our brilliant and brave firefighters in Northamptonshire for all they do?

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

T5. The Home Office revoked some 40,000 visas from students of the test of English for international communication following the BBC “Panorama” investigation of 2014, and it is estimated that 4,000 to 7,000 of those students were wrongly accused. The Home Secretary gave my right hon. Friend the Member for East Ham (Stephen Timms) an undertaking that he would look at that. Can he update the House and explain whether his Department will have an urgent helpline for those affected and hold a review of the matter?

[Caroline Nokes]

I thank the hon. Lady for her question. We regard the action that the Home Office has taken in response to information received from the Educational Testing Service as proportionate. However, we are reviewing the position of those who remain in the UK.

[Amber Rudd (Hastings and Rye) (Con)]

While I welcome the Home Secretary’s comments about ensuring non-EU migration for the NHS, may I ask him to also bear in mind the needs of the private sector and ensure that any solution he finds does not merely put more pressure on the tier 2 visa cap? We must ensure that our private sector businesses get the highly experienced, skilled labour that they need.

--- Later in debate ---

[Vicky Ford (Chelmsford) (Con)]

I thank the Home Secretary for looking again at the impact of the tier 2 visa cap on doctors. Will he also look at the impact on trainee doctors such as my constituent, who has completed most of his GP specialist training on a spouse visa but, due to a marriage breakdown, now needs a tier 2 visa?

[Caroline Nokes]

I thank my hon. Friend for her question. She makes a really important point. I am conscious that it is not only about NHS trusts seeking to bring in doctors from overseas; there are also a number in training and at university who are seeking to gain employment opportunities here. She will have heard the comments of my right hon. Friend the Home Secretary.

[Hilary Benn (Leeds Central) (Lab)]

Some Iraqi Kurds who applied for asylum in the UK in Saddam’s time did so under false names because they were terrified of what would happen to them if they were sent back. It appears that some of them, having been granted asylum, are now having their British passports withdrawn simply because they have told the Home Office what their real name is. Does the Home Secretary think that that is fair?

[Kirstene Hair (Angus) (Con)]

As my right hon. Friend will be aware, soft fruit farmers in Angus and across the United Kingdom are gearing up for a busy season. What assurances can he provide to those farmers that they will be able to access the workforce they require, and can he give a timescale for when that will be delivered?

[Caroline Nokes]

My hon. Friend has been consistent in making a very strong case for supporting the Scottish strawberry and, indeed, raspberry. I am conscious that my right hon. Friend the Home Secretary visited her constituency recently and listened to some of her constituents’ views, and we are looking at the issue of seasonal workers very closely.

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

Several Members have raised the fact that more than 1,500 doctors have been turned away in the past five months because of the tier 2 visa cap being reached. That crude approach, in which points are now gained only with a qualifying salary of £60,000 instead of £30,000, means that many areas of the UK and almost all public services are excluded; a doctor’s salary cannot simply be doubled. When will this be changed?

[Caroline Nokes]

The hon. Lady will have heard an earlier answer, which stated clearly that nobody on a shortage occupation list has been turned away. Both I and the Home Secretary are very conscious of the points that have been made repeatedly this afternoon. We know that there is a real challenge in the NHS accessing trained doctors. The Department of Health and Social Care is doing excellent work to make sure that we increase the number of training places in the UK, but the calls are being heard.

[Simon Hoare (North Dorset) (Con)]

Does my right hon. Friend the Home Secretary agree that the current shopfront advertisements of Lush are clearly anti-police, are in very poor taste and should be withdrawn?

[Gavin Robinson (Belfast East) (DUP)]

Is the Home Secretary aware of the increasing farce besetting Border Force recruitment in Northern Ireland, and will he meet us to consider how best and most fairly we can have exactly the same conditions for Northern Ireland applicants as those that apply in the rest of the United Kingdom?

[Caroline Nokes]

The hon. Gentleman will be aware that he and others have raised this with me. We have looked very carefully at recruitment processes in Northern Ireland to make sure that there is absolutely no bias, taking into account the Equality and Human Rights Commission’s comments.

[Several hon. Members rose—]

Windrush

Caroline Nokes Excerpts

Wednesday 2nd May 2018 Commons Chamber

[The Minister for Immigration (Caroline Nokes)]

This afternoon, we have had thoughtful and passionate contributions from both sides of the House, which have reflected the public mood towards the Windrush generation, who have contributed so much to our country. We also had a debate on Monday, in which the tone was constructive; I listened carefully to Members’ contributions then, as I have today.

We know that the failure of successive Governments to ensure that individuals arriving before 1973 had the documentation they need is deeply regrettable. I have previously said that I am personally sorry, and I repeat that today, but I also repeat how important it is that we put this right, as a matter of urgency.

[Joanna Cherry]

Will the Minister give way?

[Neil Gray (Airdrie and Shotts) (SNP)]

Will the Minister give way?

[Caroline Nokes]

I will give way just once—to the hon. and learned Lady.

[Joanna Cherry]

I am grateful to the Minister. Will she apologise for the underlying policies that caused this scandal?

[Caroline Nokes]

The hon. and learned Lady made some comments earlier that I wish to respond to, but I really think it is important that I put on record how sorry I am that people have been affected, and how crucial it is to me that we make sure we get it right, and that, going forward, we make sure this cannot happen again.

As my right hon. Friend the Home Secretary has said, putting this right must not mean taking resources away from the teams who are already working so hard to help those who have been affected. I have seen them working and know their dedication and commitment, which I saw this last weekend in Croydon and in Sheffield. That is why the Opposition’s Humble Address motion is not the right answer.

We have announced a package of measures today to bring greater transparency to Members of the House and to the public. I would like to remind the House of those measures. First, the Home Secretary will be writing each month to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) with an update on progress. I have little time this evening to comment on her significant contribution, but I would like to say to her that it is important to me that we provide her with the updates and make sure that her Committee is aware of the progress. It is seldom that I say this on the Floor of the House, but I look forward to being called to her Committee as early as next week.

[Yvette Cooper]

I have put to the Minister, on behalf of the Committee, and to the Department about 50 questions so far, about half of them two weeks ago. So far, I think we have had only about five of them answered. When will they be answered?

[Caroline Nokes]

It is absolutely imperative to me—and indeed to my civil servants, who have been working incredibly hard—that the right hon. Lady not only gets the answers, but gets thorough and full answers. We will undertake to make sure that that happens as soon as possible.

Secondly, the Home Secretary will be writing to the right hon. Lady each month on the latest position on detention, removals and deportations. Thirdly, the Home Secretary will bring external oversight and challenge to a “lessons learned” review, which is already under way. He has asked the permanent secretary to give the review the resource that it needs.

The hon. Member for Hackney South and Shoreditch (Meg Hillier) shared with us her experience as a former Immigration Minister. She made some observations that I, too, have reflected upon in my relatively short time in this role, and she made some valuable points. It is clear to me that there are resources needed to put this right, and also to look forward and make sure that there cannot be similar occurrences again.

There has been much debate about the impact of the compliant environment on the Windrush generation. We are taking steps—important steps—to safeguard those from the Windrush generation seeking jobs or rented accommodation. We have published updated guidance on gov.uk, which encourages employers and landlords to get in touch with the Home Office checking service if they are unsure about individual status. The taskforce will contact the individual concerned to help them to prove their entitlement, and the employer or landlord will be issued with a positive notice to enable them to employ or register the individual.

The Home Office is working with other Departments. The hon. Member for Manchester, Gorton (Afzal Khan) raised the importance of my doing so, particularly with reference to working with organisations such as the DWP, the Department of Health and Social Care, and the Driver and Vehicle Licensing Agency to make sure that not only Departments, but the partner agencies across the board, work to ensure that we have the relevant safeguards in place to prevent those from the Windrush generation from being denied the benefits and services they should be entitled to. Tomorrow, I will chair a cross-Government meeting to discuss those safeguards in more detail.

We have also been clear that ongoing enforcement activity must not impact on people in the Windrush generation. Immigration enforcement has put in place arrangements to minimise this risk.

[Ruth George]

rose—

[Caroline Nokes]

Will the hon. Lady allow me to comment on some points that she raised at the end of the debate? It is important to me that I address them. It is absolutely crucial that we work very hard to make sure that we have immigration policies that are fair and reflect human beings—the people we know they are. That has been one of the most powerful elements of the Windrush crisis. I have seen and listened to the individual stories, and I want to make sure that they do not happen again.

The hon. Lady raised a case from Sri Lanka. I hope she will come to me with the individual’s details, because it is important to me—just as when I assisted the hon. Member for Coatbridge, Chryston and Bellshill (Hugh Gaffney), who is no longer in his place—that we work hard to solve individual cases. I recognise how time-hungry and resource-intensive that will be, but it is imperative that we get this right, and I know that the Home Secretary shares that ambition. The previous Home Secretary—

[Mr Nicholas Brown (Newcastle upon Tyne East) (Lab)]

rose—

[Mr Speaker]

Let the Minister finish her sentence.

[Caroline Nokes]

The previous Home Secretary worked hard on this issue and spoke of changing the culture of the Home Office. I am absolutely determined that we do change the culture and work hard to right this wrong.

[Mr Nicholas Brown]

claimed to move the closure (Standing Order No. 36).

Question put forthwith, That the Question be now put.

Question agreed to.

Main Question put accordingly.

Minors Entering the UK: 1948 to 1971

Caroline Nokes Excerpts

Monday 30th April 2018 Westminster Hall

[The Minister for Immigration (Caroline Nokes)]

It is a pleasure to serve under your chairmanship, Mr Robertson. I thank my hon. Friend the Member for St Austell and Newquay (Steve Double) and all right hon. and hon. Members across the House who have participated in the debate. They have spoken with passion, knowledge and indeed determination.

As we can clearly see, there is significant public interest in today’s debate, and rightly so. I thank members of the public who have attended, as well as all those people—nearly 200,000 of them—who added their name to the petition. The debate was obviously scheduled before the tabling of the urgent question, and I am probably at somewhat of a disadvantage compared with those Members who could be in the main Chamber for at least some of the earlier debate. The message conveyed by the new Secretary of State for the Home Department makes it clear that he is absolutely, personally invested in this issue.

Let us be in no doubt about the debt of gratitude that this country owes to the Windrush generation. As my hon. Friend the Member for St Austell and Newquay described in his opening speech, they were invited to come to the United Kingdom immediately after the second world war and in the decades that followed to help us to build modern Britain.

As I said, the new Home Secretary was on his feet in the main Chamber when this debate began. He has rightly made it his clear priority to address Windrush, building on the work of his predecessor, my right hon. Friend the Member for Hastings and Rye (Amber Rudd), who showed commitment to addressing the issue. It was a pleasure to work with her in the Home Office, and I look forward to supporting the new Home Secretary in continuing that vital work.

I would like to do justice to the comments, questions and individual cases raised by Members this afternoon. All of them are important. Many Members will have noticed that I took copious notes throughout the debate, but I mention first the right hon. Member for Tottenham (Mr Lammy) even though, somewhat shamefacedly, I wrote very little about his contribution. That is because I preferred to listen—to his passion and to his determination to convey to me, Members, the public and the Government how strongly he feels that we must right this wrong. We are determined to do so.

I congratulate my hon. Friend the Member for Cheltenham (Alex Chalk), who is not in his place, on his tone. In fact, I congratulate all hon. Members who have contributed on their tone. There has been real consideration of the issue and real determination to convey the message to me as powerfully as possible. I therefore wish to start by saying that of course I feel shame and of course I am deeply, deeply sorry.

The hon. Member for Mitcham and Morden (Siobhain McDonagh) raised three cases, highlighting real and personal stories, which were similar to the personal stories that I heard over the weekend when I was in Croydon and in Sheffield with caseworkers who are on the frontline, doing their best to help people through the process. I have to say that I was very impressed with the determination of those caseworkers to be sympathetic and understanding, and to talk people through the process as gently as they possibly could while at the same time enabling them to give their stories and to provide a picture of their life in the UK—helping them through a process with which we should have been helping them much earlier.

We cannot fail to be moved and to be ashamed when confronted with the individual stories, but as a result, be determined to get the wrong righted, to sort the cases out and to make sure that the legal status is confirmed. The hon. Member for Mitcham and Morden (Siobhain McDonagh) mentioned three cases; we have done a very rapid trawl of those appointments that are already scheduled and I believe that one of those cases will hopefully be resolved tomorrow.

It is important that we as Members convey to our constituents and to the public at large the fact that this process is designed to be constructive and to help. When I first spoke on this issue, I tried to impress on everyone the fact that we needed to have confidence built in the system, so that people would have the courage to come forward. Undoubtedly, the strongest advocates are the people who have been for their interviews and had their status confirmed, who have been willing to speak to the media to confirm that that has happened.

My hon. Friend the Member for North Dorset (Simon Hoare) spoke of the melting pot of Cardiff; I represent part of the city of Southampton, another area that has a very large port. I was very fortunate last Thursday night to go and meet, albeit in the road that crosses the edge of the constituency, one of my constituents called Don John, who for many decades has been a leader of the Caribbean community in Southampton.

I discussed the issue with him, knowing very well that this weekend, the hon. Member for Bristol West (Thangam Debbonaire) was holding an event in her constituency attended by Home Office officials, in order to give confidence to those from Bristol who might be affected that the Home Office is there to help. I said to Don on Thursday night, “Let’s see how the event in Bristol goes, but what I can do as a local Member is to make sure that people in Southampton have the opportunity to have an event. I will make sure that there are Home Office officials there.” I say that to all Members: where there is a significant community that they think will be affected, let us reach out to communities; let us not be just a reception centre in the various places that we have up and down the country; let’s make a real effort to go to communities and make sure that events take place in places that are comfortable for people.

I am the first to acknowledge that there can be barriers to coming and making contact with the Home Office. Working with my right hon. Friend the new Home Secretary, they are barriers that I am determined to beat down, because they should not be there.

[Lyn Brown]

I am genuinely delighted to hear what the Minister has to say. She is a very competent Minister, but there is an issue of trust. I do not see my communities beating their way to her door, because that trust has been badly damaged.

[Caroline Nokes]

The hon. Lady is absolutely right to talk about trust, which is why I take her comment on the chin. We have a duty to rebuild that trust, and I am determined that we must do so through demonstration and through action, and through an assurance from me and those working on the taskforce that no case will be passed to immigration enforcement. When somebody contacts that helpline, we have absolutely undertaken that none of those details will be passed on to immigration enforcement.

[Mr Lammy]

The Minister will recognise that the Government still say that there is a burden of proof, although they have lowered it. If there were Windrush generation or Commonwealth people who contacted the Home Office who did not meet that burden, so did not get their status, would they be subject to enforcement? That fear is very real.

[Caroline Nokes]

The right hon. Gentleman raises an important question. I give that assurance. People may well come forward who cannot not produce the proof. It is imperative, if we are to build trust, that we say, “We will not pass those details to immigration enforcement.” The message has to be what I saw on Saturday: we want to be able to help people to build their own story. We want to be able to use whatever disparate pieces of information they may have. A gentleman came to Croydon on Saturday morning who could produce his City & Guilds qualification in horticulture, I believe. That one certificate was pretty much the only evidence that he had of where he had been at school. We have to listen to people and use our own records.

[Catherine West]

Does the Minister have a view about the legal aid question? In the old days, we all had legal aid centres that people could go to, but they simply do not exist in communities in the way that they did, due to Government reductions. [Interruption.] Will she comment on the possibility of legal aid?

[Caroline Nokes]

I am slightly concerned that there is an outbreak of coughing in the debate.

[Catherine West]

It’s freezing!

[Caroline Nokes]

The hon. Lady is right—it is absolutely freezing. I have been shaking throughout the debate, although that may not be due just to the temperature.

That is an interesting question, and we are already working with the Ministry of Justice on a review of legal aid. I do not want people to have to use lawyers; I want them to be able to go through an easy process. I get the message from the hon. Member for West Ham (Lyn Brown) that we have to build trust, and I am determined to do so.

[Eleanor Smith (Wolverhampton South West) (Lab)]

rose—

[Caroline Nokes]

I will finish this point. I do not want people to have to incur more stress and cost—we will reimburse them for their legal costs already, as part of the compensation scheme, which I will address.

There is an important aspect here: we are determined to make this easy, by having the most senior and able caseworkers—who we are trying to empower, through a change of culture in the Home Office—to take decisions. We want not the “computer says no” attitude, which my hon. Friend the Member for North Dorset and many others have referred to, but a position where, better than the computer saying yes, the human says yes. That is a real change.

[Eleanor Smith]

I am one of the second generation of Windrush; my parents came in 1954. I really do not understand why people have to prove that they live in this country when they have children aged 30 or older and probably have grandkids, too. Why are we talking about having to prove it? Why can we not just give them a blanket exception? I do not understand why, if people have entered the country from 1948 onwards, and up to 1974, which is about 45 years ago, the Minister is talking about having to prove that they live in this country. Is that what she is saying?

[Caroline Nokes]

There is a significant question of deemed leave and processes in 1973 that did not give people a legal document that demonstrated their status. That is the failing that we have to put right. There may well be people out there who do not come forward. We have to work to give people confidence, but also to give them an important document that enables them to go on and get their British citizenship—all at no cost. I do not want anyone to fall foul of this going forward. If we just grant deemed leave again, we may find ourselves in this situation again.

Many Members have mentioned the difference from EU settled status. That is an important and difficult point. Since I came into this job, a great deal of my time and energy have been taken up with making sure that the settled status scheme, which we will open later this year, will work. It matters to me that it works digitally and easily, and that, rather than the “computer says no” mentality, we have a default position whereby if people are here, the computer will say yes.

The hon. Member for Hornsey and Wood Green (Catherine West) asked about whether the app will work on iPhone; we have been working on that for many months. It works on an Android phone, but Apple as yet has not released the update that would enable it to work on iPhones. I recognise that that is a problem. I encourage all right hon. and hon. Members to talk about that, because I cannot force Apple to participate—I wish I could, but I cannot. It is important that, for those EU citizens, many of whom have been here for years just like the Windrush generation, we make the process simple, straightforward and digital.

[Afzal Khan]

I thank the Minister for the clarification that no case will be passed on for enforcement, but we have seen that this is not simply a question of enforcement. There is the health issue—people are suffering from cancer and dying—and people are becoming homeless or losing jobs. What will she do to help them?

[Caroline Nokes]

I thank the hon. Gentleman for his question. It is absolutely right to say that the taskforce is prioritising appointments for people in vulnerable positions—those who are out of employment or at risk of falling out of employment, those with health conditions and those with problems with tenancies. There is a significant group of people with whom we must work, but it is right to prioritise people on the basis of need. We are working really hard. In Sheffield, it was great to see call-backs going on, appointments being made and people having conversations.

My right hon. Friend the former Home Secretary made it very clear that we will compensate people for loss, but it is right that we get the compensation scheme right from the outset. Members have raised interesting points about what should be included in that, many of which might seem really self-evident and straightforward—it should cover legal costs, loss of employment and housing, and so on—but there might be other aspects to it. A number of people have talked about counselling for stress and trauma. It is important that we have an independent person who enables and empowers us to get that right from the outset. That will take a little time, but it is important that we have someone independent of the Home Office who is able to engender trust.

[John Spellar]

Will the Minister give way?

[Caroline Nokes]

I will take an intervention from the right hon. Gentleman, even though he has not been here long.

[John Spellar]

I thank the Minister for the welcome remedial measures she is outlining, which could help to deal with the outcomes, but does she not recognise that this issue comes from deep systemic and cultural problems inside the Home Office? Members of Parliament raised cases and pointed out the flaws in the Home Office’s arguments, but it utterly refused to reconsider them. This is not just about the computer, or the initial person at the end of the line, saying no; it is about a failure of management then to remedy things. That is why we are having to get into compensation, taskforces and everything else. The Home Office will still have those deep problems. What is she going to do about that?

[Caroline Nokes]

Unfortunately, the right hon. Gentleman takes me away from the contributions that have been made and towards the—I do not know how to describe it—somewhat drier technical detail provided to me by officials. I am happy to move on to that, but I would like first to respond to the points made by Members who have been here for the whole debate.

I have addressed some important points about settled status for EU citizens and the responsibility for getting that right, but I would like to highlight the history lesson and information provided by my hon. Friend the Member for Worthing West (Sir Peter Bottomley). He painted a picture of how the Government can use evidence that is already at our disposal. That is really important. We can share data with the Driver and Vehicle Licensing Agency, the Department of Health and Social Care, the Department for Work and Pensions, Her Majesty’s Revenue and Customs—the list is long. That is exactly what the taskforce is doing. We are trying to lift the burden from individuals and place it on ourselves so that we provide the information and ensure we get it right.

The hon. Member for Wolverhampton North East (Emma Reynolds) rightly started by thanking all those from the Windrush generation who have contributed so much. She raised difficult and important questions for me about how we stop this happening again, and she was absolutely right to do so. We have to stop it happening again. We have to ensure that the same cannot happen to future cohorts.

My hon. Friend the Member for Aldershot (Leo Docherty) mentioned the Gurkhas—that Nepalese community —who are so numerous at their base in Hampshire, and we must be mindful the whole while that other communities may well be impacted. I have indicated time and again that uppermost in my mind is the truly enormous number of people from the European Union—3.3 million—who are already here. I do not underestimate the scale of that task.

The hon. Member for Wolverhampton North East asked how we can right the wrong done to her constituent, Paulette Wilson. Mrs Wilson absolutely deserves a personal apology. I am not sure that me saying sorry today is adequate. If the hon. Lady would like me to do so, I would be very happy to meet Mrs Wilson. Every one of us was struck by the severe and cruel injustice that was done to her.

The hon. Lady and the Opposition spokesman raised questions about how many people have been affected, how many have been detained and how many may have been subjected to letters asking them to leave the country voluntarily, or potentially even to removal. We are trawling through the Home Office computer system—the caseworker information database, which goes back to 2002—and scrutinising cases very carefully, using both date of birth and nationality information to verify that, as one might expect. I do not wish to get into numbers until I can be confident that they are correct. We have an absolute duty to ensure that we get that right. To date, we have not found any single individual who has been removed from the country wrongly. However, I wish to ensure that we get it right.

[Mr Lammy]

rose—

[Catherine West]

rose—

[Caroline Nokes]

Everybody is leaping to their feet. I will take a final intervention from the right hon. Gentleman, but I have to crack on a bit.

[Mr Lammy]

There is an important group of people who may not have been removed but who are watching and listening to this debate and communicating with their families in this country. That is the group of people who went back to the Caribbean, most often to attend a funeral, and were not allowed to come back to this country. It is very important that those people have access to the hotline and to compensation—many of them lost their jobs and are still there—and that they are properly tracked and attended to.

[Caroline Nokes]

The right hon. Gentleman is absolutely right to point those people out, and I am very conscious—

[Sir Peter Bottomley]

Will the Minister give way?

[Catherine West]

rose—

[Caroline Nokes]

May I conclude my point before more people jump in? The right hon. Gentleman is right to point that issue out. As the former Home Secretary said last week, we will facilitate those people’s coming home if they wish to. Of course, we must also ensure that visas are available to those who have settled back in their country of origin or elsewhere, should they wish to come here on a visit or relocate here permanently. That is crucial. It is important that we ensure that we enable that to happen for them.

[Sir Peter Bottomley]

It may be that the Minister wants to write to the right hon. Member for Tottenham after the debate. Officials may want—not today, but in time—to consider and advise Ministers on checking with airlines. Often, those people went with a valid ticket to an airline desk and were refused boarding by the airline because they might be refused entry to the country. The airlines will almost certainly have a record of that. It would be useful information.

[Caroline Nokes]

I thank my hon. Friend for making that point, which I have made to officials. I was very concerned that people might be turned away at airline desks. We absolutely must not let that happen. Equally, the Border Force in the UK has to understand that this is a generation of people to whom we owe a duty to get things right from this point forward. We cannot allow this dreadful situation to arise again.

[Lyn Brown]

On the issue of trust, my constituents are concerned that deportations are continuing, despite our debating the issue and despite reassurances from the Minister, the Home Secretary and the Prime Minister. One of my constituents, Zita, contacted me to ask about flight PVT070, which she tells me is about to go to Jamaica with people on board who are being deported.

[Caroline Nokes]

indicated dissent.

[Lyn Brown]

I would be grateful if the Minister put that shake of the head into words and on the record.

[Caroline Nokes]

It is absolutely not. We are looking very closely at all our enforcement practices to make sure that nobody can be impacted in this way, and that is crucial.

[Several hon. Members rose—]

[Caroline Nokes]

I hope hon. Members will not object if I move on somewhat. I apologise, but there are some important matters that I must get on the record, and I intend to do so.

I am very clear that there has been a failure by successive Governments to ensure that individuals who arrived before 1973 have the documentation they need. We are putting that right as a matter of urgency. My right hon. Friend the former Home Secretary made a statement to the House last week in which she set out our approach to the Windrush generation, including the compensation scheme, which I have already referred to.

I am a pragmatic politician, and I do not apologise for that. I have always been focused on finding solutions, and that is exactly what we are trying to do now. When we saw Windrush cases emerging, we became focused on the operational side of helping those individuals. As the former Home Secretary said, we were too slow to identify the pattern and recognise it as part of a wider issue. For that, I am very sorry.

I want to make sure that we not only put this right but improve our mechanisms, to ensure that if a similar systemic issue were to arise again, the Home Office would be able to identify and resolve it much more clearly. The new contact centre will be at the centre of that, monitoring trends from incoming calls to understand where the problems are. We will supplement that with insight and customer feedback to UK Visas and Immigration. I was asked whether there would be a time limit, and I can reassure Members that there will not be.

[Catherine West]

I thank the Minister for being so generous with her time. Will she clarify whether Home Office staff receive a bonus for the number of removals they make?

[Caroline Nokes]

I am absolutely unaware of any bonus scheme for removals. What I want to focus on today is not removals but making sure, for the Windrush generation, that we get their British citizenship granted as swiftly as we can and at no cost to them.

[Yvette Cooper]

rose—

[Caroline Nokes]

The right hon. Lady has sat silently so far—I am surprised.

[Yvette Cooper]

I have been listening, and I wanted to hear the contributions—I will want to speak in the debate on Wednesday. My hon. Friend’s question is important, because I heard rumours that the head of immigration enforcement and senior enforcement officials have had bonuses linked to enforcement performance, including meeting removals targets. I appreciate that the Minister may not know the details right now, but it is really important that she finds some urgent clarity on that. It would be very disturbing to have a target-driven system that rewards people for removals they make, when there are no independent appeals against many removals and enforcement.

[Caroline Nokes]

The right hon. Lady has asked a specific question about bonuses, and I have said on the record I am not aware of any such system of bonuses. However, I will undertake to go away and find out, prior to Wednesday’s debate, when I look forward to being able to go over this issue in more detail, with more time, in the main Chamber.

I know, as everyone here and—I believe—everyone in this House knows, that we regard the Windrush generation as being of us and part of us. I believe the hon. Member for Hornsey and Wood Green referred to them as being “part of the furniture”. We regard them as British, but we need to ensure that they have the legal documentation confirming that. Nationality law is incredibly complicated, and I want to ensure that their legal status is cemented as soon as possible. We have made it clear that we wish the process to be simple and that nobody should have to undergo a life in the UK test or attend a citizenship ceremony unless they wish to. Some may, and we would want to make that available to them.

Of course, some may not wish to be British citizens at all. We respect that position, but we still need to confirm their status here—free of charge—as someone able to remain in the UK and access services. This point was made earlier: there will also be people in the Windrush generation who, having worked all their lives in Britain, have retired to the country of their birth but obviously retain strong ties here. We should respect and nurture those ties. Should they wish to come back, we will allow that.

I sympathise with anyone who has found the process difficult, and I would like to assure hon. Members that we are doing everything we can to ensure that it is as smooth as possible. I am pleased that more than 100 people have now been issued with the documentation they sought, but please be assured that I am in no way complacent about that. We will continue to improve the service provided.

[Mr Lammy]

There is another important point. The Minister will understand that some important Caribbean countries—St Kitts, Antigua, St Lucia and others—got their independence after 1973, and a bunch of people are concerned about the 1973 cut-off. Will she say a little more about the situation for those people, some of whom may have come to this country as British subjects from countries whose independence did not come until later in the 1970s or early 1980s? Antigua’s was as late as 1981.

[Caroline Nokes]

Of course, my right hon. Friend the previous Home Secretary addressed how we solve the status and situation of those who may have come here between 1973 and 1988. I am aware of this issue, and, going forward, I want to ensure that we have a comprehensive package for those whom I am going to regard as the Windrush children, of whom there are very, very many.

As I have said, I was in Sheffield and Croydon over the weekend, listening to the calls being made and the quality of the conversations going on—they were conversations; they were in no way interrogative. In our process, we have a script that is evolving over time. At the end of every day, the script changes and the lessons that have been learned from those conversations during the day are used to ensure that things are better going forward. It is an evolving, iterative process.

I think I have addressed most of the questions raised. If important aspects have been raised that I have not addressed, I will make them very clear to the House on Wednesday. We are working hard to resolve the situation. The new Home Secretary has made his position, personal investment and commitment very clear, and we are working to ensure that it cannot happen again.

As we have heard, this year is the 70th anniversary of the Empire Windrush arriving at Tilbury docks, which makes the situation all the more poignant and tragic. The Government will be celebrating Windrush day, and in the next few days I will have the opportunity to speak to the new Secretary of State for Housing, Communities and Local Government about how we can use that occasion to build trust with those we have let down. It is not lost on me that our new Home Secretary has come to the Home Office from the Ministry of Housing, Communities and Local Government, and, of course, he introduced the paper on integration, which is so important going forward. He has a strong ally in the new Secretary of State in his old Department, which I am sure will provide a strong link.

I reassure right hon. and hon. Members that the Government are committed to righting the wrongs for the Windrush generation, to ensuring that those who have the right to be here in the United Kingdom are never treated in such a way again and to restoring trust in the Home Office to deliver the outcome that people deserve. I am proud of the work that has been done over the past fortnight to set us on the right course, and I look forward to working with colleagues and officials in the coming months to accomplish those aims.

Oral Answers to Questions

Caroline Nokes Excerpts

Monday 16th April 2018 Commons Chamber

[John Howell (Henley) (Con)]

14. What progress the Government have made in placing vulnerable Syrian families in the UK.

[The Minister for Immigration (Caroline Nokes)]

It is important that we focus our support on the most vulnerable refugees in the region who are fleeing the atrocities in Syria, whatever their nationality. We are more than halfway towards reaching our commitment to resettle 20,000 refugees. As of December, 10,538 refugees had been welcomed in the UK under the scheme. We will continue to work closely with local authorities and devolved Administrations to ensure that we meet our commitments.

[Mrs Trevelyan]

Northumberland County Council is providing homes and resettlement family support for 28 Syrian adults and their 41 children, but we currently have no Syrian refugee children as we are short of foster carers to provide the necessary support. Does the Minister agree that we must encourage people who want to support those Syrian children to apply to be foster carers?

[Caroline Nokes]

I am very grateful to all the local authorities, including Northumberland County Council, that have participated in both the resettlement scheme and the national transfer scheme for unaccompanied asylum-seeking children. Northumberland County Council recently received funding through the controlling migration fund to boost its capacity to look after unaccompanied asylum-seeking children. The Government are reviewing funding arrangements for local authorities that look after unaccompanied asylum-seeking children. In last year’s safeguarding strategy, the Government committed to further boosting fostering capacity, including by commissioning 1,000 training places for foster carers and support workers who are caring for unaccompanied children.

[John Howell]

Is my right hon. Friend continuing to work closely with local authorities? She mentioned a figure of 10,500, but how is she doing at meeting the 20,000 target within a couple of years?

[Caroline Nokes]

My hon. Friend is absolutely right to highlight the importance of working collaboratively with local authorities. We also work hard with charities, housing associations and civic society to help refugees on the road to integration. During the recess, I was fortunate to visit World Jewish Relief, Coventry City Council and Horton Housing, among others, which are working with resettled families who are being helped into work as part of their integration. He is right to mention the 20,000 target and I am absolutely confident that we will reach it by 2020.

[Thangam Debbonaire (Bristol West) (Lab)]

Families belong together, and vulnerable refugee families from Syria in particular belong together. Will the Minister use the opportunity of the current attention on Syria to commit the Government to standing by Members on both sides of the House who support the Refugees (Family Reunion) (No. 2) Bill, the private Member’s Bill promoted by the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil)?

[Mr Speaker]

What wonderful pronunciation, upon which the House will want to congratulate the hon. Lady.

[Caroline Nokes]

I thank the hon. Lady for that question; I am conscious of her keen interest in this subject. She will of course know that, since 2010, 24,000 family reunion visas have been issued, but I will look very carefully at the Bill from the hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil), which has received cross-party support. We will continue to look at what we can do to help the most vulnerable families from the region. They should, quite rightly, be our priority.

[James Cleverly (Braintree) (Con)]

13. What steps she is taking to recruit a broad range of people to the police and law enforcement agencies with the skills required to tackle modern crime.