Automatic Immigration Bail Referral Pilot

Caroline Nokes Excerpts
Thursday 7th February 2019

(5 years, 3 months ago)

Written Statements
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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On 24 July 2018, the Home Secretary laid before Parliament the second independent review by Stephen Shaw CBE, into immigration detention. In responding to that review, the Home Secretary committed to going further and faster with the reforms to immigration detention in four priority areas: encouraging and supporting voluntary returns; improving the support available to vulnerable detainees; increasing transparency around immigration detention; and a new drive on dignity in detention.

As a part of this commitment, the Home Secretary, in agreement with the Lord Chancellor and Secretary of State for Justice, announced plans to pilot an additional automatic bail referral to the First-tier Tribunal of the Immigration and Asylum Chamber at the two-month point, halving the time in detention before a first bail referral.

I am pleased to announce that this pilot will commence on 10 February. It will run for six months and will be evaluated fully.

This is an important additional safeguard for those who are detained, giving them certainty that their detention is subject to further independent judicial oversight. It builds on the current automatic bail referral regime at the four-month point which was introduced last year. I have written to the Chairs of the Home Affairs Select Committee and the Joint Committee on Human Rights with more detail on the pilot and I will place copies of those letters in the Libraries of both Houses.

Together with the Ministry of Justice, we will consider the key outcomes of the pilot, as part of our continued efforts to ensure we have a detention system that is fair to those who may be detained, upholds our immigration policies and acts as a deterrent to those who might seek to frustrate immigration control.

[HCWS1309]

EU JHA Opt-in Decision: Amended Proposal for EU Agency for Asylum

Caroline Nokes Excerpts
Thursday 31st January 2019

(5 years, 3 months ago)

Written Statements
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The Government have decided not to opt in (under the UK’s JHA opt-in protocol) to the amended proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Asylum (EUAA). The proposal is an amended version of the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Asylum, and repealing the European Asylum Support Office (EASO) Regulation ((EU) No 439/2010).

The United Kingdom remains committed to continued engagement and co-operation with the EU on asylum and migration issues. The UK has provided deployments through EASO to Greece, in support of the EU-Turkey statement, and also to Italy. The UK took the decision not to opt into the initial proposal for an EUAA regulation, published in 2016, to repeal the EASO regulation, based on a number of problematic elements. Most notably, the regulation provides the EUAA with a significant amount of oversight over national asylum systems and, by opting in, the UK could become subject to evaluations and recommendations from the agency, who would have powers to get involved in member states’ asylum systems. We remain of the firm view that the functioning of asylum systems is a sovereign issue.

Until the UK leaves the EU, we remain a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case-by-case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.

[HCWS1289]

EU JHA Opt-in Decision: Recasting the Returns Directive

Caroline Nokes Excerpts
Thursday 31st January 2019

(5 years, 3 months ago)

Written Statements
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The Government have decided not to opt in (under the UK’s JHA opt-in protocol) to the proposal to recast the returns directive. The proposal is a recast of the returns directive (2008/115/ EC), and sets common standards and procedures to be applied for the return of illegally staying third country nationals to third countries.

The United Kingdom did not opt into the previous version of the directive, adopted in 2008, on the basis that it did not deliver the strong returns regime required by the UK and made the process overly bureaucratic. We believe this continues to be the case though we recognise that the recast seeks to establish clearer returns procedures and includes a number of additional provisions to those set out in the previous version of the directive.

Since the entry into force of the previous directive, the situation of migration in the EU has changed significantly. Member states face significant difficulties in returning illegally staying third country nationals including inconsistent definitions and varying rates of absconding. It is important that the UK acts in the national interest to maximise the return of those with no legal right to be in the country. The UK remains committed to continued engagement and co-operation with the EU on refugee and migration issues, and supports efforts to strengthen EU borders. While the approach led by the Commission may ensure consistency and strengthening of returns processes, it is unclear whether this recast will directly improve efficiency of returns. UK return procedures have continued to be a success in comparison to other EU member states, with strong relationships with third countries and new initiatives such as biometric returns. We remain focused on improving our returns procedures and do not rely on this directive to enact returns of third country nationals. Importantly, the Government are clear that border management is a sovereign issue.

Until the UK leaves the EU we remain a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case-by-case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.

[HCWS1290]

English Channel: Illegal Seaborne Immigration

Caroline Nokes Excerpts
Wednesday 30th January 2019

(5 years, 3 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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It is always a pleasure to serve under your chairmanship, Sir Christopher. Thank you for that clarification about how long I may speak for.

It is a great credit to my hon. Friend the Member for Kettering (Mr Hollobone) that he secured this important debate. As many Members will know, this issue first came to prominence over the festive period, but it started significantly before that. We are very conscious that since October there has been a sharp increase in the number of migrants attempting to cross the channel to the UK in small boats. During 2018, more than 500 migrants, most of them Iranian, attempted to travel to the UK on small vessels. Some 80% of them made their attempts in the last three months of the year. As a result, the Home Secretary announced a major incident and this issue has become an operational priority for the Home Office.

The decision to announce a major incident was taken not least to protect the lives of those attempting to make this dangerous crossing; my hon. Friend was absolutely right to point out how perilous it is. However, it was also taken because we have an absolute duty to protect the border and stop organised crime gangs exploiting vulnerable individuals who want to come here by sending them through the busiest shipping lane in the world. That is why we must stop this incredibly dangerous route becoming the new normal for those wanting to enter the UK illegally.

My hon. Friend pointed out the hazards to individual migrants and shipping, but there is also a very real hazard to brave volunteers from the Royal National Lifeboat Institution, many of whom have been deployed from Dover to effect rescues in the channel, and to coastguard and Border Force officials, who have been on both our cutters and the coastal patrol vessels.

My hon. Friend was right to point out that this migration is driven very much by organised crime gangs. Just last month, five members of an organised crime group received a combined custodial sentence of 21 years and 10 months for smuggling migrants across the border, and last year alone, Immigration Enforcement’s criminal and financial investigation teams successfully disrupted 405 events of organised crime groups and their activity.

As well as those investigations, the Home Secretary has redeployed two Border Force cutters from overseas to the channel. While they are returning, other Border Force vessels have been supplemented by a Royal Navy offshore patrol vessel. There has been some criticism from people who ask why the cutters have not returned sooner. It is important to note that those vessels are designed and built to work around coastal areas rather than to make longer distance or open ocean deployments. For the crews to transit the bay of Biscay during winter—especially while deep Atlantic pressures are sweeping across, causing high swells, at times of up to 14 metres—is a dangerous pursuit, which must not be taken carelessly. I fully support the principle that the safety of our Border Force commanders, crews and vessels is paramount.

All essential maintenance activity has now been carried out on the cutters. Both are fully crewed and await a favourable weather window to return to the UK safely and securely. Currently, our forecast for their return is early February. Upon their return, we will have four cutters available to operate in the channel, but Members will appreciate that I will not discuss operational deployment in detail. As I said, until the cutters’ return, we are supplementing coverage with a Royal Navy vessel. In addition to the cutters, we have Border Force coastal patrol vessels in place. I visited Dover over the Christmas period to see the great work Border Force officers are doing there. As the Home Secretary said last week, we have also started to deploy aerial surveillance of the English channel. However, Members will appreciate that that is covert surveillance and I do not wish to discuss those actions in detail.

It is important to note that we have not taken those actions alone. We have worked very closely with the French authorities to tackle the issue. Around 40% of people who attempted the crossing last year were either disrupted by French law enforcement or returned to France via French agencies. Just last week, along with the French Interior Minister, Christophe Castaner, I visited the joint co-ordination and information centre in Calais to see at first hand the great co-operation between French and British authorities. In London last week, the Home Secretary and Mr Castaner signed a joint action plan to commit to reinforcing our border control. That builds on the 2018 Sandhurst treaty and demonstrates our determination to secure our shared border.

Through those efforts, we have reduced the number of individuals attempting the crossing from around 250 in December to 90 so far in January. However, we must not be complacent, and I am determined that we make further efforts to deter both the facilitators and the individuals who seek to make the crossing.

As Members will be aware, there is a widely accepted principle that those seeking asylum should claim it in the first safe country they reach, be that France or elsewhere. Therefore, if we establish that a migrant first entered another EU member state, we will always seek to return them to that state, in accordance with the Dublin regulation. For arrivals from safe non-EU states, asylum claims in the UK may be deemed inadmissible if the claimant has already been recognised as a refugee or given similar protection, if they have claimed asylum elsewhere, or if they have already spent five months in a safe country in which they could have claimed asylum.

We expect refugees to claim at the first reasonable opportunity. Indeed, that is a widely held international principle, and it certainly does not involve travelling through safe countries to reach the UK. Upholding that principle does not mean we will remove those who face persecution to their country. However, we will seek to return migrants to the first safe country in which they should have claimed asylum. Last week, a small number of migrants who entered the UK by small boat over Christmas were returned to France.

In the majority of cases, if a migrant is picked up in UK waters they are taken to the UK, and if they are picked up in French waters they are taken to France. The action plan we signed with France last week makes a commitment that migrants encountered in the channel will be taken to the nearest safe port, in accordance with international maritime law. Too often, migrants in the channel dictated to those who came to their rescue where they should be taken. That is not right, and I have asked officials to do all they can to prevent that “asylum shopping”, whether on land or at sea.

It is an established principle that those in need of protection should claim asylum in the first safe country they reach, and if we establish that a migrant first entered another EU member state, we will seek to return them there, in accordance with the Dublin regulation. We do not want people to think that if they leave a safe country such as France and get to Britain they will get to stay, which is why we are working out, with our French counterparts, ways to increase the number of returns we make.

As part of the joint action plan agreed last week, the UK and France made a renewed commitment to return migrants who attempt to cross the channel to the country they came from. That plan, which comes into force immediately and builds on the existing framework of co-operation in the Sandhurst treaty, states specifically:

“Migrants rescued at sea will be taken to a port of safety in accordance with international maritime law. The respective maritime authorities will liaise with each other about rescue operations to provide mutual assistance as necessary at sea, and to determine the appropriate port of safety for a rescued migrant.”

My hon. Friend the Member for Kettering rightly raised the issue of funding. The UK has agreed to allocate more than £6 million to support France’s comprehensive regional action plan. As he pointed out, that has led to additional surveillance and security on French beaches and ports, as well as greater co-ordination between the French authorities on land and at sea. Just over half the investment will come from money already allocated under the Sandhurst treaty, which was signed back in January 2018, and an additional £3.2 million of new funding will be used for equipment and measures to tackle illegal migration via small boats.

The structures in place to co-ordinate operations in the channel include the joint maritime operations co-ordination centre and the national maritime information centre. They are both supported administratively by Border Force, but the Department for Transport is responsible for their governance. The Border Force maritime intelligence bureau and maritime co-ordination centre also maintain a close dialogue with the French authorities operating both at sea and in the air.

The UK’s obligations to those seeking asylum are clearly defined in UK law. Those obligations will continue to be met after Brexit, and the UK will continue to recognise refugees under the 1951 convention. If a deal is secured and finalised with the EU, we will continue to participate in all EU asylum directives we are part of, including the Dublin III regulation, throughout the implementation period, but my hon. Friend will be aware that we have not opted in to Dublin IV. The UK’s position on granting protection to those who need it will not change as a result of leaving the EU. As well as providing sanctuary to those who need it, we intend to continue to work together at every point in the migrant journey, to address push factors, to importantly tackle organised crime and to limit pull factors and abuse of claims.

Philip Hollobone Portrait Mr Hollobone
- Hansard - - - Excerpts

I am listening to this good speech very closely. One of the pull factors for asylum seekers is that so many of those who make an asylum claim that is then rejected get to stay here anyway. Some two thirds of rejected asylum claimants remain in this country, which is an appalling figure. What will Her Majesty’s Government do about that?

Caroline Nokes Portrait Caroline Nokes
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I thank my hon. Friend for raising that important point. He will be conscious that I have been in post as Minister of State for Immigration for a year now. One of the real concerns we have is how we address people who remain here without status and without a right given to them by the courts to be here. Both my right hon. Friend the Home Secretary and I are working very hard on promoting voluntary returns and, where appropriate, using means of returning people to their safe country of origin by enforced measures. That does not always make us popular. I am conscious that we have an absolute duty to uphold our asylum system, to make it robust and to make it firm but fair, and part of that process is indeed returns.

My hon. Friend also mentioned pull factors in his speech, with specific reference to Iranians and he asked me to confirm that the majority of those making these small vessel crossings are Iranian. We believe in the region of 80% are Iranian, so that is a very high proportion. He also commented on the visa route through Serbia. I met—I am not sure if it was last week or the week before—the Serbian ambassador to raise this. She shared our concerns that Serbia had been used as a transit country. The visa route is now closed, but we are having close co-ordination with Serbia about the problem that has occurred there. The ambassador was positive about the role that Serbia could play, working with the UK.

There are many pull factors when it comes specifically to Iranians coming to the UK, one of which is language. I am well aware from my own constituency that a high number of Iranian citizens have come here, largely back in the 1970s. They have settled in the UK and been very successful. One of the big pull factors that we see for migration, throughout the middle east and north Africa region and beyond, is that when family members have come here, migrants often use that as reason to choose the UK, rather than other safe countries. The Home Secretary has been very clear on this point, and I hope I have been today as well. It is firmly our view that people should claim asylum in the first safe country and not the last, which in many cases is the UK.

Our position on granting protection will not change, as I said. We will still provide people with sanctuary, but we must continue with a strategy on the whole route of migration. The focus at the moment is very much on the channel, but we continue our work with our EU partners and beyond, across the MENA region, in the Aegean and the Mediterranean, looking at those strong routes of migration and working out how we can best counteract them.

Some of the best work that the UK does in counteracting the pull factors is through our extensive aid programmes, led by my right hon. Friend the Secretary of State for International Development, that make sure people can be safe, whether it be in the countries immediately surrounding Syria or further afield.

It is a month since the major incident was declared and the number of arrivals and attempts is around half that of the previous month. I would not want my hon. Friend the Member for Kettering or other Members to think that we are in any way complacent about that. We have seen these crossings attempted during perhaps the most dangerous part of the year. As spring and summer are approaching—I say that somewhat optimistically—it is imperative that we remain vigilant and continue our work with the French, to make sure that they too keep up the surveillance and observation on their beaches. When I was in Calais last week, I was conscious that it is a sparsely populated coastline, which is difficult to monitor closely. They have aerial surveillance and the French have been proactive in making sure they are playing their part. The Mayor of Calais was forceful in his message to me about how we could provide further help. It is important that we continue our work on a joint basis.

I am pleased by the progress we have made thus far, but more remains to be done. It is imperative that we go forward in the vein of joint co-operation, because migration across the channel is sadly not an issue that we will solve on our own.

Question put and agreed to.

Resolved,

That this House has considered illegal seaborne immigration across the English Channel.

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

Caroline Nokes Excerpts
2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019

(5 years, 3 months ago)

Commons Chamber
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
- Hansard - -

We have had a good and thorough debate this evening, and many wide-ranging issues have been raised, some of them even included in the Bill. I remember a couple of weeks ago nodding in agreement when the right hon. Member for Hackney North and Stoke Newington (Ms Abbott) spoke of the importance of tone and language when discussing immigration. She was right then, and she was right today, and I thank all Members who have spoken thoughtfully and carefully on this topic in this debate.

The views expressed in this debate demonstrate the interest in the future borders and immigration system and the importance of getting it right. We have also heard from across the House of the great contribution that immigration has made to our society, culture and economy, and the Government value that contribution very much. My right hon. Friend the Home Secretary was generous in giving way in his opening speech, and indeed the debate has drifted some distance from the contents of the Bill, but I want to reflect on the contributions of as many Members as possible.

The end of free movement will allow us to build a system that recognises and maximises all the benefits of immigration, and we will continue to welcome talent from every corner of the globe under the future system.

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I will come to some of the hon. Gentleman’s comments in due course.

At this time, we must be an outward-looking, global nation, and as my right hon. Friend the Home Secretary indicated, over the next 12 months, we will speak to a range of businesses and organisations across the country. The right hon. Member for Hackney North and Stoke Newington raised the specific issue of Irish citizenship and deportation. Of course, the UK has always had the power to deport or exclude Irish citizens, but in the light of the historical, community and political ties between the UK and Ireland, along with the existence of the common travel area, the approach since 2007 has been to consider Irish citizens for deportation only where a court has recommended deportation in sentencing or where the Secretary of State has concluded that owing to the exceptional circumstances of a case the public interest requires deportation. This approach is to be maintained.

Coming to Back-Bench contributions, it seems fair to kick off with my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), who mentioned football at length. Of course we welcome the contribution made by sports people to the UK. Our current visa arrangements are designed for elite sports people and coaches who are internationally established at the highest level, and whose employment will make a significant contribution to the development of sport. To support the sector, the Home Office works with recognised sports governing bodies to agree on an objective set of criteria against which elite sports people will be assessed. My hon. Friend made clear the importance of the premier league, not only to our society but to our economy, and I am absolutely committed to working alongside the Football Association and the premier league to ensure that that continues.

The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) spoke about detention, and specifically about indefinite detention. That issue was also raised by the right hon. and learned Member for Camberwell and Peckham (Ms Harman). The hon. Gentleman will be aware that 95% of those who are here without immigration leave are in the community, and I am sure that he will welcome the current Yarl’s Wood community pilot scheme. We are working with 12 women who would otherwise be in Yarl’s Wood to ensure that they are being supported. There is, of course, an automatic bail referral requirement for people who have been detained for four months, and we are now piloting a referral after two months. That will provide the judicial oversight for which so many have called.

The right hon. and learned Member for Camberwell and Peckham spoke passionately about detention. It is seldom that I say this, but I greatly enjoyed the opportunity to appear before her Select Committee, the Joint Committee on Human Rights, a couple of months ago. We had an interesting and challenging discussion about detention, and I hope I convinced her and her Committee that we are thinking very hard about the issue. It is right that we work to make the correct decisions, but detention remains part of our immigration policy. It is important for us to work on the immigration bail pilots and, of course, on detention in the community.

My right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) spoke about the conventional view that we should have one immigration policy for the whole United Kingdom, and I absolutely agreed with what he said.

John Hayes Portrait Sir John Hayes
- Hansard - - - Excerpts

Will my right hon. Friend give way?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I am sorry, but I am not going to give way. I am conscious that I am very time-limited.

My right hon. Friend the Member for Broxtowe (Anna Soubry) made a point very early in the debate about fairness and language, and about the importance of not conflating asylum with immigration routes. She was, of course, absolutely right. I sometimes find it hugely frustrating when people conflate the terms “asylum seeker” and “refugee” and “economic migrant”. I have said before that we must be careful with our language, and the Home Secretary responded to my right hon. Friend’s intervention with an important observation about language and tone.

I am well aware that there are strong and passionate views about immigration on both sides of the House. I am grateful to my hon. Friend the Member for St Austell and Newquay (Steve Double) for saying, quite rightly, that we needed to have a mature and constructive debate, but he was also right to draw attention to issues in certain sectors of the economy. With that in mind, we are having a year of engagement on the White Paper, talking to representatives of different industries. My hon. Friend referred to agricultural workers in particular, but also mentioned the hospitality and tourism industry, which is so important to his constituency.

My hon. Friend the Member for Saffron Walden (Mrs Badenoch) spoke about migration from a non-EU perspective, and said that it was a global issue. She is absolutely right, and in the discussions that I have had with EU representatives—and, indeed, in my discussions last week with French representatives in Calais—they were keen to emphasise that migration could not be seen in isolation. We must look at the root challenges, and work together. When we leave the EU, we will continue to work with our friends and neighbours on the other side of the channel.

The hon. Member for Westmorland and Lonsdale (Tim Farron) said that we were making immigration policy with the slash of a pen, but he was far from correct. I would argue that he was whipping up scare stories when he tried to convey the message that the Government had said that EU citizens were not welcome. That directly contradicted the messages given in the House time and again by my right hon. Friend the Prime Minister, by my right hon. Friend the Home Secretary, and indeed by me. We want our EU neighbours, friends and colleagues to stay, and we have not only made the settled status scheme as straightforward as possible, but—as the right hon. Gentleman will now know—have made it free.

The right hon. Gentleman also spoke about asylum seekers having the right to work, and went so far as to suggest that my right hon. Friend the Chancellor of the Exchequer was more interested in the subject than I was. I would like to reassure him that just this morning I had a meeting with Stephen Hale from Refugee Action on this subject, and indeed on 24 October last year my right hon. Friend the Member for Meriden (Dame Caroline Spelman) held a debate on this subject in Westminster Hall, to which he did not contribute.

It is important that we look at the NHS, and several Members, including the hon. Member for Birmingham, Edgbaston (Preet Kaur Gill), spoke about NHS workers—nurses and care workers—and it is important that we continue to work with the Department of Health and Social Care to make sure there are sufficient routes into the NHS for those who contribute so much. I am very conscious that there are now 4,000 more EU workers working in our NHS than in 2016, and the hon. Lady will remember that last summer we lifted doctors and nurses out of the tier 2 cap threshold.

The hon. Member for Bristol West (Thangam Debbonaire) spoke about Refugee Action. She will know that I have a great deal of time and respect for her and the issues she has raised, and I hope very much to continue learning from her and the hon. Member for Stretford and Urmston (Kate Green); they often come as a tag team to give me a very hard time, but they do so with such charm and determination that I am sure we will continue to engage effectively with them. In the same way, through our engagement process we will continue to listen to businesses large and small, sectors like the universities, the National Farmers Union, the Royal College of Nursing and the CBI, which we have been doing to date, because of course the conversation on immigration has not simply started over the course of the last few weeks, but has been going for well over a year.

The hon. Member for Na h-Eileanan an Iar (Angus Brendan MacNeil)—he knew I would get to him eventually—has spoken at length about voodoo politics. I have tried to take a positive out of something that everyone has said, and, given the headache I took tablets for earlier, I am sure he had his pins stuck into a voodoo doll of me. To add a little bit of levity, however, he would like to hold up Switzerland as an example of how individual cantons can run their own immigration policies, and indeed they can, but I gently draw his attention to the case of Nancy Holten, a vegan anti-cowbell campaigner who twice had her application for a Swiss passport refused by a referendum—we all know how keen we are on those in this place—and I am far from convinced that that is an effective immigration policy.

I am running out of time, but I would like to mention the contribution of my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), who spoke so movingly about his father-in-law the late Sir Reginald Eyre. As for the words of a Whip ringing in our ears, “There’s a vote; don’t you dare”, well, apparently Her Majesty’s Opposition have decided that there is a whip and they do dare.

The hon. Member for Birmingham, Yardley (Jess Phillips) has on many occasions had fairly brutal conversations with me and has raised some very important cases, which I will continue to work with her on; she does not shy away from tackling the difficult. She raised the issue of Henry VIII powers and the immigration rules. Of course, historically since the Immigration Act 1971 the immigration rules have been used to firm up immigration policy by Governments of all parties, and we will undoubtedly continue to do so, but if anybody thinks these do not get scrutinised, I would point them to the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), who always gives me a very hard time whenever immigration rules make it to a debate in Delegated Legislation Committee.

I fear that I have reached the end of my comments. I welcome the remarks about Rabbie Burns—a little bit of Scottish poetry always goes down well—and I reinforce the message that this has to be an immigration policy for the whole United Kingdom. We have set out powers that will enable us to make amendments to primary and secondary legislation, but that is crucial in ensuring that we align the treatment of EU and non-EU nationals and that UK law can operate effectively.

Let me conclude by thanking the hon. Member for Hornsey and Wood Green (Catherine West) for raising the tone of the debate. She spoke carefully and thoughtfully, and that makes a huge difference. We want an immigration system that works for the whole UK and we will be continuing the engagement. We will also phase in that system, recognising the importance of giving individuals, business and, indeed, Government, the time to adapt. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

Oral Answers to Questions

Caroline Nokes Excerpts
Monday 21st January 2019

(5 years, 3 months ago)

Commons Chamber
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Layla Moran Portrait Layla Moran (Oxford West and Abingdon) (LD)
- Hansard - - - Excerpts

5. What recent assessment he has made of the size of the (a) current and (b) future immigration detention estate; and if he will make a statement.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The Government are committed to using the detention estate sparingly, and only when necessary. We have taken a systematic approach to modernising and rationalising the detention estate, so that we ensure that we have the geographical footprint and resilience required to meet our future needs. By this summer, the detention estate will be almost 40% smaller than four years ago, and of significantly higher quality.

Layla Moran Portrait Layla Moran
- Hansard - - - Excerpts

I welcome very much the closure of Campsfield House; I have been campaigning for its closure for a very long time. However, it happened very quickly, so lots of workers are now worried about where they will find a job. The local community is desperate to know the plans for the site once Campsfield is totally run down.

Caroline Nokes Portrait Caroline Nokes
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I am glad that the hon. Lady identified her involvement with the Close Campsfield campaign. I am conscious that she was at many of the protests calling for the closure of Campsfield. We are developing options for the future use of the site following the end of the contract, which was, in any case, scheduled to end in May 2019. Although the employment of Mitie staff is a question for Mitie, the company has provided assurances that it is actively engaged with its staff on redeployment options within its business. All detainees have been transferred to other centres where they will be held in decent and dignified conditions.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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7. What recent assessment he has made of the adequacy of the EU settlement scheme.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The hon. Lady raises the question of how the EU settlement scheme is working. Of course, we know that EU citizens make a huge contribution to our economy and society, and we want them to stay. The first two phases of beta testing have successfully concluded, and the wider public implementation of the scheme has gone live today.

Alison Thewliss Portrait Alison Thewliss
- Hansard - - - Excerpts

I have received a worrying pattern of news about EU citizens in my constituency being denied universal credit because they are deemed not to have the right to reside. This is happening despite the Department for Work and Pensions having access to work history records and other evidence to the contrary. Is this an example of the hostile environment extending to EU citizens before Brexit has even happened, and will the EU settlement scheme have any impact on this?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

The EU settlement scheme is a really crucial part of making sure that the 3.4 million EU citizens living here can absolutely evidence their right to stay here through a digital status in line with 21st-century requirements. The hon. Lady will have heard my right hon. Friend the Home Secretary talk in positive terms about how important this scheme is. We have now opened the final phase of testing before the whole scheme goes live at the end of March.

Maria Miller Portrait Mrs Maria Miller (Basingstoke) (Con)
- Hansard - - - Excerpts

The Government are right to be working hard to secure a Brexit deal, but if no deal is reached, can my right hon. Friend reassure EU citizens living in our county of Hampshire and elsewhere in the UK that their rights will still be guaranteed? This is important and it needs to be clear, not just to citizens but to businesses as well.

Caroline Nokes Portrait Caroline Nokes
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Picking up on the final part of my right hon. Friend’s question, last summer we launched the employer toolkit to enable employers best to communicate to their employees the settled status scheme. She is right to point out the concerns that many may have about the event of no deal. I would like to reassure her that across Government we are working incredibly hard to avoid a no-deal outcome. However, the Department for Exiting the European Union was very clear about the protections afforded to EU citizens in the event of no deal, and we believe that our offer to them is generous. Deal or no deal, the scheme will open publicly at the end of March, and it is crucial that as many citizens as possible apply.

Barry Sheerman Portrait Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
- Hansard - - - Excerpts

The Minister knows that this is an increasingly complex area. I have had many letters from constituents concerned that they will be impacted by the immigration health surcharge. Who is going to have to pay this, and is it going to be increased along the lines foreshadowed in the press?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

The hon. Gentleman will know that we did increase the immigration health surcharge. That was an important manifesto commitment that the Conservative party made to make sure that those who are using NHS services are also contributing to the NHS. The settled status scheme has deliberately been designed to be simple, not complicated. It is really important that EU citizens only have to prove their identity, prove their residence, and confirm that they do not have criminality. In the second phase of private beta testing, it has been very plain that the vast majority of people going through the scheme—in the region of 80% or so, I believe—have been able to confirm their residence of five years without any reference to additional information other than their records with Her Majesty’s Revenue and Customs or their DWP records.

David T C Davies Portrait David T. C. Davies (Monmouth) (Con)
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As somebody who is married to an EU citizen, I think that these proposals are entirely fair and proportionate, and are in marked contrast to the outrageous scare stories that were put about by some people, in and out of this House, who are fanatical about remaining in the European Union.

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I absolutely agree with my hon. Friend. I am sure that his wife will be going through the process very soon indeed. In fact, some of the best advocates for the simplicity of the EU settled status scheme have been those who have already gone through it, and we have had very positive feedback on the first two phases of testing.

Martyn Day Portrait Martyn Day (Linlithgow and East Falkirk) (SNP)
- Hansard - - - Excerpts

8. What assessment he has made of the potential effect on the Scottish economy of the policies set out in the White Paper, “The UK’s future skills-based immigration system”.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The Government’s immigration White Paper sets out the principles of an immigration system that will work in the best interests of the whole of the UK. As my right hon. Friend the Home Secretary has made clear, the White Paper is the start of the conversation. I look forward to ongoing engagement with stakeholders in Scotland over the course of this year.

Martyn Day Portrait Martyn Day
- Hansard - - - Excerpts

The Scottish policy chair at the Federation of Small Businesses has said:

“The UK Government’s obstinate approach to immigration is a clear threat to many of Scotland’s businesses and local communities. These proposals will make it nigh impossible for the vast majority of Scottish firms to access any non-UK labour and the skills they need to grow and sustain their operations.”

Is he wrong?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

The hon. Gentleman is right to point out the importance of our engaging with business groups and stakeholders across Scotland. I was delighted to meet the CBI in Scotland in a business roundtable back in the summer, and that engagement will continue. I would also like to point out that the independent Migration Advisory Committee was very much of the view that Scotland’s economic situation is not sufficiently different from the rest of the UK to justify a very different migration policy.

Paul Sweeney Portrait Mr Paul Sweeney (Glasgow North East) (Lab/Co-op)
- Hansard - - - Excerpts

Does the Minister accept that the idea of a skills-based immigration system is undermined by having an arbitrary salary threshold, which should be scrapped in favour of an honest assessment of the real skills demand across different sectors in the economy?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I would gently point out that it was not an arbitrary salary threshold; it was the one put forward by the independent Migration Advisory Committee. It is, of course, important that we engage with business and employers across the whole of the United Kingdom, and we will use the next 12 months to do so.

Joanna Cherry Portrait Joanna Cherry (Edinburgh South West) (SNP)
- Hansard - - - Excerpts

My hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) has referred to the concerns of the policy chair of the Federation of Small Businesses in Scotland. The chief executive of the Scottish Tourism Alliance, Marc Crothall, has said:

“There is no doubt that the government’s plans will exacerbate the existing recruitment crisis considerably, placing our tourism industry and what is one of the most important economic drivers for Scotland in severe jeopardy.”

Is he wrong as well?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

The hon. and learned Lady will be aware that the Migration Advisory Committee, which is independent of Government, made the point that it did not see the case for a wide range of sectoral schemes. In fact, it made the case that perhaps only in agriculture was one appropriate. However, it is important that we continue to engage with all businesses and sectors. I am sure she will be delighted to know that the tourism industry in Wales has already beaten a path to my door, and I look forward to Scotland doing likewise.

Joanna Cherry Portrait Joanna Cherry
- Hansard - - - Excerpts

Clearly the tourism industry in Scotland are very unhappy with the proposals, and I beg to suggest that they know more about their industry than the Migration Advisory Committee. The reality of the situation is that people in businesses across Scotland are dismayed by the UK Government’s approach to immigration. Scotland already has different policies and approaches on taxation, climate change, tuition fees and social care. If those major areas of policy can be devolved and implemented to suit Scotland’s needs, why can immigration not be devolved? I would like to know the Minister’s views, rather than the Migration Advisory Committee’s views.

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I am sure the hon. and learned Lady recalls my appearance before her at a Select Committee, where I made it clear that my view was that immigration policy was a matter reserved to the United Kingdom Government.

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Teresa Pearce Portrait Teresa Pearce (Erith and Thamesmead) (Lab)
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T3. The Home Office has a service standard to deal with indefinite leave to remain applications of six months, unless they are complex, when there is no timescale at all. Reviewing my casework, I noticed the worrying trend of cases being badged complex just before the six months, and therefore having no service standard at all. Will the Minister let me know the current percentage of applications that are badged complex compared with each of the previous eight years?

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The hon. Lady asks a very specific question about figures. I am very conscious that service standards can sometimes drive behaviours that we would not want to see, with caseworkers deliberately choosing cases that are less complex to deliver. Sometimes it has been the case that complex cases have not received the attention that we want. We are working incredibly hard in UK Visas and Immigration, across the piece of visas and applications for asylum and leave to remain, to ensure that we drive down waiting times. If she would like to see me to discuss any particular cases, I will be delighted to talk to her about them.

Gillian Keegan Portrait Gillian Keegan (Chichester) (Con)
- Hansard - - - Excerpts

T5. As the Minister might have seen, Oxford University recently suspended grants from telecoms firm Huawei due to security concerns. In the same week, Germany joined the growing number of our allies and intelligence partners by blocking the company from its 5G network. Will Britain take similar action?

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Jamie Stone Portrait Jamie Stone (Caithness, Sutherland and Easter Ross) (LD)
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In the remotest parts of the United Kingdom, EU health workers are filling vital roles that might otherwise remain unfilled. Will the Government assure me that these crucial people will be allowed to remain at no cost to themselves?

Caroline Nokes Portrait Caroline Nokes
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The hon. Gentleman will know that, in the second private beta testing phase of the EU settled status scheme, we made a political priority of those working in NHS trusts and the universities sector. He is absolutely right to point out the vital role that EU citizens play within our health service, and of course he will have heard the Home Secretary and I say repeatedly that we want them stay and are determined to make it as easy as possible for them to do so.

Tom Pursglove Portrait Tom Pursglove (Corby) (Con)
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People in Corby and east Northamptonshire want to see more police out on the beat, catching criminals and deterring crime. What difference does my right hon. Friend believe the additional funding recently announced will make to achieving that objective?

Chris Stephens Portrait Chris Stephens (Glasgow South West) (SNP)
- Hansard - - - Excerpts

The National newspaper this morning reports on a female constituent who has been detained and is due to be removed tomorrow despite court papers having been lodged at the Court of Session at the start of the month. Is this the hostile environment in action, and either way will the Minister meet me urgently so that we can secure the immediate release of this constituent?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I am, of course, very happy to meet the hon. Gentleman to discuss this case. He will be conscious that it would be inappropriate for me to discuss it on the Floor of the House, but I will meet him privately immediately afterwards.

Helen Whately Portrait Helen Whately (Faversham and Mid Kent) (Con)
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In the coming months, fruit farmers in my constituency plan to welcome thousands of migrant workers from the European Union. Will my right hon. Friend assure me that, in the event of a no-deal Brexit, these workers will still be able to come to make sure we can pick and pack our fruit?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

My hon. Friend will be aware that, in addition to the rights of EU citizens, which we have secured, we are also piloting a seasonal agricultural workers scheme for those in the soft fruit and growing industries, about which she has spoken to me several times. I am happy to reassure her that we wish that pilot to be successful and will work with her growers to make sure it is.

James Frith Portrait James Frith (Bury North) (Lab)
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Mrs Amodio and her husband came to live in Bury over 60 years ago. Mrs Amodio had to sign the Official Secrets Act when she worked at Bury police station. Now retired, she and her husband have been told by this Government to register, apply and pay for settled status. She feels unwelcomed and angry. Will the Secretary of State confirm this policy, and what has he to say to them? Does he agree that we become lesser versions of ourselves as a country with such mean-spirited policies?

European Union (Withdrawal) Act

Caroline Nokes Excerpts
Friday 11th January 2019

(5 years, 3 months ago)

Commons Chamber
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Diane Abbott Portrait Ms Abbott
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I am glad that the hon. Gentleman is keeping up with his casework. However, if he talked to organisations that represent EU nationals as a whole and to lawyers nationally who deal with these issues, he would know that there is still too much that is not resolved—above all, the capacity of the immigration and nationality directorate to process over 3 million EU nationals effectively.

Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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I want to reassure the right hon. Lady on this. As she will know, the EU settled status scheme has been in its pilot beta testing. We have completed both phase 1 and phase 2, and phase 3 will open on 21 January. That is absolutely because we want to make sure that it works for these individuals and that we can give them the reassurance they need before we require to have the system open. In every major IT programme, as she will know only too well, it is much better to go through a testing process than to launch it straightaway. I want to reassure her, in case she had missed it, that that is exactly what we are doing.

Diane Abbott Portrait Ms Abbott
- Hansard - - - Excerpts

I am aware of the testing process. I am aware of the issues that have arisen. I am also aware that the testing process has involved people who are volunteers taking part. The challenge will arise when the mass of EU migrants choose to go through that process. I will remind the right hon. Lady, in the months to come, about her complacency about her system.

Draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018

Caroline Nokes Excerpts
Thursday 10th January 2019

(5 years, 4 months ago)

General Committees
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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I beg to move,

That the Committee has considered the draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018.

It is a pleasure to serve under your chairmanship, Mr Robertson. The draft order, which was laid before Parliament in December, is necessary to enable nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America of age 12 or above who seek to enter the United Kingdom as a visitor under the immigration rules to be granted such leave by passing through an automated gate without having to be interviewed by an immigration officer. This change is needed to give effect to the announcements made by the Chancellor and the Home Secretary that these additional nationalities should be permitted to use our e-passport gates. The House’s agreement to the draft order will ensure that the change can be implemented in time for the summer.

The UK already leads the world in the use of e-passport gates for passenger clearance. We have more e-passport gates than any other country and allow more nationalities to use them. We intend to continue to build on their use because they provide a safe, secure means of processing low-risk passengers, allowing our highly trained Border Force officers to focus their efforts on those who seek to abuse or exploit the system and on wider border threats.

The change will have a transformational impact on the border experience for these additional nationalities, providing them with significantly faster entry to the UK, but by removing an expected 6.5 million passengers from the staffed non-EEA queue, it will also have a knock-on benefit for the clearance of other non-EEA passengers arriving at ports with e-gates. Expanding e-gate eligibility to these additional low-risk nationalities will also help us to meet the challenge of growing passenger numbers, ensuring that arriving passengers are dealt with swiftly and securely.

In 2017, there were 137 million arrivals at the UK border, an increase of 5.4% from 2016. Within those figures, the increase in non-EEA passenger arrivals was even more noticeable: more than 17%. The numbers are projected to continue to increase, with the Department for Transport predicting year-on-year growth of 2.8% to 2020 on aviation routes. That is good news for the UK, demonstrating that we continue to be a destination of choice for a wide cohort of nationalities.

Stephen Doughty Portrait Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)
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The Minister and I have discussed e-passport gates in the Select Committee on Home Affairs, and we have discussed it with the Home Secretary. How much spare capacity does she believe e-passport gates currently have at the major ports of entry? Frankly, I have seen very long queues at e-passport gates, and often many of them are out of service or unusable.

Caroline Nokes Portrait Caroline Nokes
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The hon. Gentleman will be aware that for every bank of five e-passport gates, there needs to be one Border Force officer monitoring them to authorise admission. In addition, we closely monitor the use of e-passport gates and the impact of putting additional numbers through the queues. Our modelling shows that we expect the impact on queues at the gates to be very marginal, but I am very conscious that we will have to keep the issue under review. The hon. Gentleman will know that we are increasing the number of e-passport gates; indeed, the Welsh Government have funded the reintroduction of e-passport gates at Cardiff airport, which I am sure he will welcome.

The draft order will allow us to put a potential 6.5 million additional passengers through e-passport gates, but we are conscious that 85% of passengers arriving at UK ports today are already eligible to use them. Our modelling shows that although the e-passport gates fall outside service-level agreement monitoring, it is very unusual for individual passengers to wait more than 10 minutes to get to one.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

I appreciate the Minister’s clarification, and I welcome the helpful introduction of e-passport gates at Cardiff airport. However, new e-passport gates at less used airports or ports of entry around the UK are one thing, but Heathrow, Gatwick, the Eurostar terminal at St Pancras and so on are another. Will she make clear how many additional e-passport gates will be opened at those key ports of entry?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

We continue to keep that under review with our key partners, including Heathrow Airports Ltd, Gatwick and Eurotunnel. Critically, for some of those locations, I am very alive to the challenge around physical space—I was about to say infrastructure, but it is space—and making sure that arrivals halls can accommodate more gates. We continue to keep that under review, because as far as I am concerned it is absolutely imperative that we make sure that entry into the UK is secure, swift and efficient, and that our passengers have the best experience that they can.

However, the hon. Gentleman is right to make that point, and I reassure him that I continue to meet regularly with our partners to make sure that we can have as many e-passport gates as possible open at any one time, and that they are open at the right times. A key factor is making sure that we work with partners so that we are conscious of the scheduling of flight arrivals and any delays that might build up in the airline system, so that, when people arrive in the arrivals hall, the right number of Border Force officers are present, to enable as many gates as possible to be open.

Neil Coyle Portrait Neil Coyle (Bermondsey and Old Southwark) (Lab)
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If the Government are intent on keeping the policy under review, will they also consider extending access to e-gates to other countries, particularly Commonwealth members, who feel somewhat aggrieved at not being given low-risk status?

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Caroline Nokes Portrait Caroline Nokes
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The Government consider many factors when looking at which nationalities to open up the use of e-passport gates to. We have consulted very closely with our security partners on this cohort and they are also countries with which we have a long track record of good border co-operation. We will continue to look at the nationalities that can use the gates, and it is absolutely imperative that we look at the impact of the 6.5 million additional passengers. However, it is also important to reflect that we also looked at volumes, and these countries have some of the highest volumes of passengers coming into the UK.

Robert Syms Portrait Sir Robert Syms (Poole) (Con)
- Hansard - - - Excerpts

May I say what a lovely jacket the Minister is wearing?

I welcome what the Government are doing; it is a great step forward. However, when one comes into Gatwick, for example, with children under 12, that is where the queues tend to be. Will these provisions mean that more people will be redeployed in the summer months to ensure that people who arrive with young children after flights from various holiday destinations are swept through quicker, because enough officers will be available to swipe their passports?

Caroline Nokes Portrait Caroline Nokes
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I reassure my right hon. Friend—

Caroline Nokes Portrait Caroline Nokes
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Not yet. He should be, and given his proclivity for complimenting me on my jacket, the sooner the better.

It is absolutely imperative that we use this ability to make sure that eligible passengers are put through e-passport gates. My hon. Friend quite rightly raises the point that children under 12 still cannot use e-passport gates. Part of that is about changing biometrics and facial recognition. I am conscious that biometrics work by correctly identifying somebody from not only the photograph in their passport but the chip into which the photo is embedded. Those particular facial characteristics change in children, so we have no plans to put children through e-passport gates.

The provisions will free up capacity by putting more passengers through e-passport gates. In doing so in time for the summer, which is the peak travel time for families, we are optimistic that we will see an impact on the queues that people experience. Part of our motivation for making this change today is to make sure that things change in time for the summer.

Keeping our border secure remains a top priority. I assure hon. Members that this decision has been taken only after careful consideration and in consultation with security partners across Government. Nationals from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been identified as suitable to use the gates based on several factors, including levels of co-operation of those countries with the UK on border matters.

Part of our long-term vision has always been to make better use of digital technology and greater automation to improve the passenger experience while maintaining security. As hon. Members will be aware, we recently published a White Paper setting out detailed plans for the UK’s future skills-based immigration system, which includes measures to strengthen border security and improve journey crossings for legitimate passengers. This expansion of e-gates needs to be seen in the context of a longer-term programme of work, in which we intend to use the UK’s exit from the EU as an opportunity to develop a new global border and immigration system that makes better use of data, biometrics, analytics and automation to improve both security and fluidity across the border.

I reassure the House that this is not a cost-cutting measure—far from it. The Government are increasing Border Force officer numbers, and their powers and responsibilities will remain unchanged. We are committed to ensuring that Border Force has the resources and workforce needed to keep the border secure.

To be clear, the order will allow nationals of Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States to be granted leave to enter as visitors for up to six months when they pass through an e-gate at a UK port, including our juxtaposed controls for Eurostar services. Nationals of those countries coming to the UK for other purposes, such as work or study, will also be able to enter using the e-gates, but no change in the law is needed for those circumstances, as they will already hold the necessary leave in the form of a visa or residence permit.

We estimate that up to 6.5 million passengers from those countries will benefit from the change. That expansion in eligibility is therefore a clear signal to the rest of the world that the UK is open for business, and will allow us to control our borders in the UK’s best interests. Once approved, we expect the change to be fully implemented in time for this summer. I commend the order to the Committee.

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Caroline Nokes Portrait Caroline Nokes
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I got a bit excited earlier and thought that we were going to finish faster than we have. A range of issues have been raised, and I will try very hard to stay within the scope of the order. However, it would be remiss of me not to reflect, as a number of hon. Members have tempted me to, on the fact that we have many opportunities next week to discuss the Immigration Bill.

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

Yes—and then it will go into Committee, and I expect that a lot of people will want to serve there. I shall therefore keep well away from the wider immigration issues, save for one thing. The hon. Member for Manchester, Gorton mentioned how we assess people at the border and whether they are assessed on the basis of their own risk or nationality and so on. The assessment is of course based on a range of factors. However, he will know and will no doubt be as disappointed as I am that there is no mention of electronic travel authorities in the Immigration Bill that is shortly to be considered by the House. That is something that we must bring forward in due course. I do not wish to give any trailer to suggest that there may be an immigration Bill part 2 in the fullness of time—perhaps long after I have finished in this role—but we do intend to introduce the electronic travel authority.

Our European neighbours already have plans in train for the European travel information and authorisation system, or ETIAS, which is the European equivalent. Those of us who have travelled to the United States—we have had some wonderful adverts for the warm welcome given by immigration in the United States—will be very familiar with the electronic system for travel authorisation, the ESTA. Our ETAs will enable both immigration control and our security services to have a very close grasp on who is coming here.

There were some interesting questions about risk. I gently point out that we already determine nationalities that do not need a visa to come here as visitors. We have visa nationals and non-visa nationals and, obviously, currently we also have free movement with the European Union member states. We already assess nationalities against that risk, to determine whether they need a visa to come here as a visitor, or not. That is of course done in close co-operation with our security partners—my hon. Friend the Member for Brigg and Goole mentioned “Five Eyes”. That fantastic relationship has been established over many years, enabling us to share information about risk with our close friends and allies.

We also have to consider volume, and that has been part of this equation. People have reflected on the length of queues that are sometimes experienced at some of our major airports. We have carefully balanced those nationalities with whom we have good border co-operation and good security relations and who will play a significant role in getting volumes out of our non-EEA queues.

In terms of capacity, there has been an enormous jump in the number of people using e-gates in the last year. Some of that is about the increasing numbers of passengers and some is about familiarity. I have spent many a happy hour at various airports in the UK that use e-passport gates, and it has been really obvious to me that experienced travellers who come in and out regularly go through the gates with barely a hiccup. Others who are less used to using them sometimes forget to take their glasses off, or put their passport in the slot and look away from the screen, but I am conscious that as people get used to using them, they use them more. That can be seen in the statistics. In the 12 months to June 2018, there was a massive 40% increase in passengers using e-passport gates against the previous 12 months. When e-passport gates became widely used in 2009, only 1 million passengers used them. In the last 12 months, nearly 52 million passengers used them. That increase is in a relatively short space of time.

Undoubtedly, we have seen increases in flows and need to keep pace with capacity, but at the moment we are confident that our e-gate capacity is sufficient for this change. As I have said, we will monitor it very closely. Over the last year, I have had meetings with all of the major airport operators to discuss capacity with them—I am sure that hon. Members can imagine the path to my door that Heathrow and Gatwick use at the peak of summer pressures. I am conscious of the challenges at regional airports, which the hon. Member for Cardiff South and Penarth mentioned, when people find themselves behind the USA flight that has just come in. We are keeping regional airports under close surveillance, but it is worth emphasising that 64.5% of non-EEA passengers come into Heathrow, and so that is clearly where the bulk of the pressure is.

My hon. Friend the Member for Brigg and Goole mentioned the registered traveller service. We recognise that the change means that those who have paid for registered traveller status will now have free access to our e-passport gates. We are considering the arrangements, including potential refunds, for those who may have paid for their annual membership very recently. It is an annual charge, and we have a lead-in of a few months before the necessary changes can be made to the gates to configure them to accept those passports. Hopefully, not too many refunds will be required. I hope he and those registered travellers will regard this draft order as a good thing.

Stephen Doughty Portrait Stephen Doughty
- Hansard - - - Excerpts

The Minister has been very generous in taking interventions. I really want some clarity on this point: will any new e-passport gates be introduced as a result of this or any other change in Government policy? I understand she says she will keep it under review and she believes there is extra capacity, but will there be any new e-passport gates?

Caroline Nokes Portrait Caroline Nokes
- Hansard - -

I gently point to the five new ones at Cardiff, which are very generously funded by the Welsh Government—I am sure the hon. Gentleman will appreciate that I gave them that plug. At the moment, we are keeping them under review; we are confident we can meet demand, but should that not be the case, I will continue my close work with the airport operators and Eurotunnel to make sure there is adequate capacity. As I said, there has been a 40% jump in the last year, and terminals have managed. He makes the point well, and he also made the point about reliability. The technology of the second generation e-passport gates has been much better than the first—he will recall that the first generation ones were removed from Cardiff because they were not as good. I am very conscious that the technology is always evolving. We talk of e-passport gates this year, but who knows what is coming down the track in a few years’ time? It is imperative for passengers arriving at our ports to have a 21st-century service, and the swiftest and most secure technology. With that in mind, I commend this draft order to the House.

Question put and agreed to.

Resolved,

That the Committee has considered the draft Immigration (Leave to Enter and Remain) (Amendment) Order 2018.

Asylum

Caroline Nokes Excerpts
Tuesday 8th January 2019

(5 years, 4 months ago)

Written Statements
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
- Hansard - -

The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of individuals seeking refuge from persecution. This system includes supporting asylum seekers who would otherwise be destitute while their asylum claim is assessed. I am grateful for the attention Members of this House, including the Home Affairs Committee, have given to this matter.

I have always been clear about this Government’s commitment to ensuring service users are provided with safe, secure and suitable accommodation and are treated with dignity and respect. I have listened to the concerns of local authorities and have reinforced my commitment to working in partnership with them in this area. I am also mindful of this Government’s commitment to provide value for money for the taxpayer. Today I am pleased to inform the House that we have procured contracts for asylum accommodation and support to deliver on each of these commitments.

New contractual arrangements will be put in place in September of this year.

Initial accommodation, dispersed accommodation, transport and associated support services will be managed as integrated services on a regional basis.

Clearsprings Ready Homes has been awarded the contracts in the south of England and Wales;

Mears Group has been awarded the contracts in Northern Ireland, Scotland and the north-east, Yorkshire and Humber region; and

Serco has been awarded the contracts in the north-west of England, and the midlands and east of England regions.

Advice, issue reporting and eligibility assistance services will be integrated into a single, nationally operated end-to-end service; the contract for these services has been awarded to Migrant Help.

The contracts were designed after extensive engagement with local government, non-governmental organisations and potential providers. The contracts offer a number of improvements on the current arrangements to make them more sustainable and include changes to improve the customer journey and conditions for service users, addressing many of the recommendations in the Home Affairs Committee’s reports on asylum accommodation. In particular, the contracts will:

Provide assistance to asylum seekers to apply for support and throughout their time in the accommodation and support system.

Require accommodation providers to develop close working relationships with local authorities, liaise and consult with local authorities on the location of properties and share appropriate information with them.

Require providers to establish working relationships with the voluntary sector and local community-based support organisations and networks in order that they can signpost SUs to local services.

Set clear requirements for the standards of the accommodation that meet the standards used for social housing across the UK.

Require providers to have proactive maintenance plans and to regularly inspect and report on the findings of the inspections of their accommodation.

Provide service users with a single point of contact, independent from accommodation providers and the Home Office, to report issues with their accommodation and to provide advice in relation to their support throughout the whole process.

Set clear timescales within which repairs must be made, with a clear escalation process for service users.

Enhance the approach to safeguarding through a range of measures including improved health screening and support in registering with a GP, improved safeguarding training and awareness of staff, the provision of more adapted rooms for service users with specific needs, and the provision of face-to-face advice and support for those who need it.

Ensure that service users receive clear induction materials to help them settle into their initial accommodation and dispersed accommodation in local areas. This will seek to ensure a better understanding of the support that is being provided as well as how to navigate services in local communities.

Support service users into mainstream services if they are granted asylum or to return to their home country if are refused.

Gather feedback from service users about their experience of accommodation and support to monitor provider performance and improve the services that are provided.

Following the award of the contracts today, the Home Office will work closely with the providers to mobilise the contracts and transition services users to the new arrangements. We will communicate directly with our services users and stakeholders to ensure they are aware of the changes and how they will affect them.

We will be working extremely closely with local authorities to ensure a smooth transition and will be involving them ever more closely in the operation of the new contracts as they go live.

[HCWS1237]

European Union JHA Opt-in Decision: Asylum, Migration and Integration Fund 2121-27

Caroline Nokes Excerpts
Tuesday 8th January 2019

(5 years, 4 months ago)

Written Statements
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Caroline Nokes Portrait The Minister for Immigration (Caroline Nokes)
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The Government have decided not to opt in, under the UK’s JHA opt-in protocol, to a proposal establishing an asylum, migration, and integration fund (AMIF) 2021-27.

The intended fund would not come into operation until the start of the next multiannual financial framework (2021), after the UK has exited the European Union and after the end of the proposed implementation period. As such, the UK would not be able to benefit from the fund as a member state.

Until the UK leaves the EU it remains a full member, and the Government will continue to consider the application of the UK’s opt-in to EU legislation on a case by case basis, with a view to maximising our country’s commitment to protecting and enhancing our ability to control immigration.

[HCWS1235]