Nationality and Borders Bill (Fourteenth sitting)
Debate between Craig Whittaker and Paul Blomfield(2 years, 6 months ago)
Public Bill CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Paul Blomfield
The Minister may be about to pre-empt me, but I do not think he has answered the questions raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in relation to the national age assessment board, so will he at least undertake to write to us on that issue?
Craig Whittaker
No, I have not finished yet. I am not quite ready to sit down, but I will answer that question. Basically, the board will predominantly consist of qualified social workers who, through being dedicated to the task of conducting age assessments and through training and the sharing of expertise, will achieve a more consistent and accurate approach to the task of age assessment. As Members have probably seen, such professionals are referred to as a “designated person” in the new clauses, and the board will have responsibility for conducting age assessments on age-disputed persons on referral from the local authority, as I said. Local authorities will retain the ability to conduct age assessments if they prefer to do so. If they believe that a person is actually the age they claim to be, they must inform the Home Office accordingly.
The hon. Member for Sheffield Central asked whether binding local authorities’ hands is just a power grab from central Government. The answer to that question is no. If local authorities wish to carry out their own assessments, they will be able to do so—without question, that will be the case. On that basis, I commend the new clauses to the Committee.
Paul Blomfield
I have listened carefully to the Minister’s observations. To be fair, he made a good fist of defending the indefensible, but he failed to answer the concerns expressed by me and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in relation to the way that subsection (9) of new clause 32 drives a coach and horses through all the reassurances that we have been given. His criticism of the amendment as being a bit broad and involving quite a lot of work fails to acknowledge how narrow it is. It would simply require the Secretary of State to take advice before making regulations, and I therefore wish to press the amendment to a vote.
Question put, That the amendment be made.
Craig Whittaker
Starting with amendment 151, I reassure the hon. Member for Sheffield Central that the penalties are there to encourage countries to co-operate. There is international precedent for countries to have the power to impose penalties on countries that do not co-operate on the matter of returns.
Both the United States and the EU have similar powers to those we are seeking. Recently, the Council of the EU decided to suspend temporarily the application of certain provisions in the visa code to nationals of The Gambia, owing to the country’s lack of co-operation on readmission of third-country nationals illegally staying in the EU. The new powers in the Bill will bring the UK into line with our international partners and ensure that we are no longer lagging behind other countries.
I assure hon. Members that, given talk of penalties and exemption, family reunion will be an exemption to the penalties, as discussed.
Turning to amendment 151, I can assure the hon. Member for Sheffield Central that the power to impose visa penalties will be exercised only after consideration of the potential economic impact on the UK, and with full agreement across Government. Contrary to the hon. Member’s assertion that there is another Government leak, there is no current list: this will be done on a case-by-case basis, based on the impact across areas such as the economy, but also taking each Department into account. I also draw the hon. Member’s attention to new clauses 9 and 10, which—as we have already touched on—set out those visa provisions in more detail. I feel that this is a fairly straightforward part of the Bill, with no need for the hon. Member’s amendment.
Turning to new clauses 9 and 10 and Government amendment 80, a key function of the Home Office is the removal of individuals who have no legal right to be here, either by deportation or administrative removal, usually to the country of which they are nationals. We expect our international partners to work with us, as they expect us to work with them, to remove such individuals, as the UK does where our own nationals in other countries should not be in those countries. This is a critical component of a functioning migration relationship, and the vast majority of countries co-operate with us in this area. However, a small number do not.
As has been said, new clause 9 is designed to give the Government the power to impose visa penalties. Countries should no longer expect to benefit from a normal UK visa service if they are unwilling to co-operate with us on the matter of returning nationals. We will be able to slow down or suspend visa services for that country, and require applicants to pay a surcharge of £190 when they apply for a UK visa. Specifically, new clause 9 sets out when a country may be specified as unco-operative and the factors that will be taken into account when imposing visa penalties. Additionally, the new clause provides detail on the types of penalties that may be applied. It is a critical step in taking back control of our borders.
Briefly turning to new clause 10, visa penalties are intended to be a matter of last resort, and must not be in place longer than necessary. The new clause requires the Secretary of State to review the application of visa penalties every two months and revoke those penalties if the relevant country is no longer unco-operative. This provision is a safeguard to ensure that any visa penalties applied do not remain in place by default. Government amendment 80 is consequential on new clauses 9 and 10, providing that they will come into force two months after the Bill receives Royal Assent.
I commend new clauses 9 and 10 and Government amendment 80 to the Committee, and by your leave, Ms McDonagh, I request that the hon. Member for Sheffield Central withdraw his amendments.
Paul Blomfield
I was reassured by the commitments on family reunion, and I look forward to the Government’s bringing forward an amendment on that topic, perhaps in the House of Lords. I have taken the Minister’s other comments on board, so I will not press this amendment to a vote at this stage. I beg to ask leave to withdraw the amendment.
Question proposed, That the clause stand part of the Bill.
Question put and negatived.
Clause 59 accordingly disagreed to.
Clause 60 disagreed to.
Clause 61
Special Immigration Appeals Commission
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider Government new clause 11—Special Immigration Appeals Commission.
Craig Whittaker
I want to be clear from the outset that this Government’s position is that a time limit on detention simply will not work and will not be effective in ensuring that those with no right to be here in the UK leave.
Paul Blomfield
One of the issues highlighted by the report referred to by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, which had genuine cross-party engagement, was that the UK is an outlier in having no limits on detention. Every other country in Europe has a limit. Why does the Minister think it will not work here?
Craig Whittaker
Our immigration system must encourage compliance with immigration rules and protect the public. Those who have no right to be in the UK should leave voluntarily, but where the opportunities to do so are not taken, we have to operate a system to enable us to enforce removal and deport foreign national offenders who would otherwise remain in the UK.
I also want to be clear that we do not and cannot detain people indefinitely. It is not lawfully possible to do so.
Nationality and Borders Bill (Fourteenth sitting)
Debate between Craig Whittaker and Paul BlomfieldTuesday 2nd November 2021
(2 years, 6 months ago)
Public Bill CommitteesRead Full debate Nationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 2 November 2021 - (2 Nov 2021)
Paul Blomfield
The Minister may be about to pre-empt me, but I do not think he has answered the questions raised by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in relation to the national age assessment board, so will he at least undertake to write to us on that issue?
Craig Whittaker
No, I have not finished yet. I am not quite ready to sit down, but I will answer that question. Basically, the board will predominantly consist of qualified social workers who, through being dedicated to the task of conducting age assessments and through training and the sharing of expertise, will achieve a more consistent and accurate approach to the task of age assessment. As Members have probably seen, such professionals are referred to as a “designated person” in the new clauses, and the board will have responsibility for conducting age assessments on age-disputed persons on referral from the local authority, as I said. Local authorities will retain the ability to conduct age assessments if they prefer to do so. If they believe that a person is actually the age they claim to be, they must inform the Home Office accordingly.
The hon. Member for Sheffield Central asked whether binding local authorities’ hands is just a power grab from central Government. The answer to that question is no. If local authorities wish to carry out their own assessments, they will be able to do so—without question, that will be the case. On that basis, I commend the new clauses to the Committee.
Paul Blomfield
I have listened carefully to the Minister’s observations. To be fair, he made a good fist of defending the indefensible, but he failed to answer the concerns expressed by me and the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East in relation to the way that subsection (9) of new clause 32 drives a coach and horses through all the reassurances that we have been given. His criticism of the amendment as being a bit broad and involving quite a lot of work fails to acknowledge how narrow it is. It would simply require the Secretary of State to take advice before making regulations, and I therefore wish to press the amendment to a vote.
Question put, That the amendment be made.
Craig Whittaker
Starting with amendment 151, I reassure the hon. Member for Sheffield Central that the penalties are there to encourage countries to co-operate. There is international precedent for countries to have the power to impose penalties on countries that do not co-operate on the matter of returns.
Both the United States and the EU have similar powers to those we are seeking. Recently, the Council of the EU decided to suspend temporarily the application of certain provisions in the visa code to nationals of The Gambia, owing to the country’s lack of co-operation on readmission of third-country nationals illegally staying in the EU. The new powers in the Bill will bring the UK into line with our international partners and ensure that we are no longer lagging behind other countries.
I assure hon. Members that, given talk of penalties and exemption, family reunion will be an exemption to the penalties, as discussed.
Turning to amendment 151, I can assure the hon. Member for Sheffield Central that the power to impose visa penalties will be exercised only after consideration of the potential economic impact on the UK, and with full agreement across Government. Contrary to the hon. Member’s assertion that there is another Government leak, there is no current list: this will be done on a case-by-case basis, based on the impact across areas such as the economy, but also taking each Department into account. I also draw the hon. Member’s attention to new clauses 9 and 10, which—as we have already touched on—set out those visa provisions in more detail. I feel that this is a fairly straightforward part of the Bill, with no need for the hon. Member’s amendment.
Turning to new clauses 9 and 10 and Government amendment 80, a key function of the Home Office is the removal of individuals who have no legal right to be here, either by deportation or administrative removal, usually to the country of which they are nationals. We expect our international partners to work with us, as they expect us to work with them, to remove such individuals, as the UK does where our own nationals in other countries should not be in those countries. This is a critical component of a functioning migration relationship, and the vast majority of countries co-operate with us in this area. However, a small number do not.
As has been said, new clause 9 is designed to give the Government the power to impose visa penalties. Countries should no longer expect to benefit from a normal UK visa service if they are unwilling to co-operate with us on the matter of returning nationals. We will be able to slow down or suspend visa services for that country, and require applicants to pay a surcharge of £190 when they apply for a UK visa. Specifically, new clause 9 sets out when a country may be specified as unco-operative and the factors that will be taken into account when imposing visa penalties. Additionally, the new clause provides detail on the types of penalties that may be applied. It is a critical step in taking back control of our borders.
Briefly turning to new clause 10, visa penalties are intended to be a matter of last resort, and must not be in place longer than necessary. The new clause requires the Secretary of State to review the application of visa penalties every two months and revoke those penalties if the relevant country is no longer unco-operative. This provision is a safeguard to ensure that any visa penalties applied do not remain in place by default. Government amendment 80 is consequential on new clauses 9 and 10, providing that they will come into force two months after the Bill receives Royal Assent.
I commend new clauses 9 and 10 and Government amendment 80 to the Committee, and by your leave, Ms McDonagh, I request that the hon. Member for Sheffield Central withdraw his amendments.
Paul Blomfield
I was reassured by the commitments on family reunion, and I look forward to the Government’s bringing forward an amendment on that topic, perhaps in the House of Lords. I have taken the Minister’s other comments on board, so I will not press this amendment to a vote at this stage. I beg to ask leave to withdraw the amendment.
Question proposed, That the clause stand part of the Bill.
Question put and negatived.
Clause 59 accordingly disagreed to.
Clause 60 disagreed to.
Clause 61
Special Immigration Appeals Commission
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to consider Government new clause 11—Special Immigration Appeals Commission.
Craig Whittaker
I want to be clear from the outset that this Government’s position is that a time limit on detention simply will not work and will not be effective in ensuring that those with no right to be here in the UK leave.
Paul Blomfield
One of the issues highlighted by the report referred to by the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East, which had genuine cross-party engagement, was that the UK is an outlier in having no limits on detention. Every other country in Europe has a limit. Why does the Minister think it will not work here?
Craig Whittaker
Our immigration system must encourage compliance with immigration rules and protect the public. Those who have no right to be in the UK should leave voluntarily, but where the opportunities to do so are not taken, we have to operate a system to enable us to enforce removal and deport foreign national offenders who would otherwise remain in the UK.
I also want to be clear that we do not and cannot detain people indefinitely. It is not lawfully possible to do so.