Passenger Name Records
Damian Green Excerpts(13 years ago)
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The Minister for Immigration (Damian Green)
With permission, Mr Speaker, I would like to make a statement on the draft EU directive on passenger name records—PNRs—and the Government’s decision to opt into it. My appearance today fulfils a commitment that I made to the European Scrutiny Committee.
Global travel brings with it countless benefits—economic, cultural and social—and there is no doubt that our more interconnected world is a better world, but greater freedom of movement also provides opportunities for those who wish to do us harm. We know that terrorists have long had an interest in aviation-related attacks. We know, too, that serious criminals, people traffickers and drug smugglers have exploited easy international forms of travel to carry out their crimes. They often plan and execute their crimes in meticulous detail, using intricate ruses to escape detection and capture. In response, Governments around the world are increasingly exercising greater vigilance to keep their citizens safe. Passenger name records—passenger data collected by air carriers as part of the operation of their business—are a vital and proven tool in the fight against terrorism and other serious crimes.
Passenger name records help our law enforcement agencies to prevent, detect, investigate and prosecute terrorists and other serious criminals. Their power lies in the fact that, by using an automated system and interrogating it intelligently, we are able to sift data quickly and in such a way that they reveal patterns and make links that would otherwise not be readily apparent. For example, the case of David Headley, the terrorist facilitator convicted in the US of involvement in the Mumbai attacks, shows the benefits of PNRs. All that was available to US investigators initially was the first name, “David”, a vague travel window of “the next few weeks” and the partial travel itinerary of a flight from the United States to Germany. The US used these PNR data in association with other known flight information to identify the suspect before he could travel. Headley was later arrested and pleaded guilty to terrorism-related crimes.
PNR data therefore have a proven capability to protect our citizens from harm. Along with advance passenger information—API—PNRs are a crucial element of the UK’s own e-Borders system. Since 2005, e-Borders has led to more than 1,500 people being refused entry and to more than 8,700 arrests, including 57 for murder, 175 for rape or sexual assault, 25 for kidnapping, 441 for fraud, 397 for drugs offences and 920 for violence. That is why we committed to supporting e-Borders in our coalition agreement.
Critical to our decision of opting into the directive was the aim of securing an ability to mandate the collection of PNR data on flights between two EU member states, for the full usefulness of the system to be realised. I am pleased to say that the coalition Government made significant progress on this, ahead of the opt-in deadline, and that the European Council has given a clear political signal that it favours collection of data on intra-EU flights, following a UK amendment to that effect. The Home Secretary pressed the argument for it at the April Justice and Home Affairs Council meeting, which has been reported to the House via letters to the Chairs of both scrutiny Committees. At the Council, 15 member states supported the UK’s position to include intra-EU data collection. So, although we have reservations about some aspects of the directive that will need to be resolved in due course, we can enter into negotiations from a position of strength, knowing that we have the support of a majority of other member states on this key issue for the UK. Indeed, the official outcome of proceedings of the 11 April JHA Council states that
“the preparatory work on the draft PNR Directive will continue...on the basis of the indication by the Council that the Directive should allow individual Member States the option to mandate the collection of PNR data with regard to targeted intra-EU flights”.
The draft directive as it stands is not perfect, but it is right that we work with our European partners to get a directive that best serves Britain’s interests. Initial parliamentary scrutiny of the directive has already taken place, but it will continue as the negotiations progress. Debates have been held in both Houses. The Lords strongly recommended that we opt into the directive and the Commons supported the Government’s negotiating position. We already have domestic legislation to underpin the collection of PNR data, but the directive will provide an unequivocal legal framework at EU level for the collection and sharing of such data. I know, however, that some hon. Members have concerns about the PNR directive, which I want to address directly today.
Let me address the two basic issues of why using PNRs is both necessary and proportionate. I set out earlier how PNR data have been used to target suspected terrorists. The application of this data also has wider benefits in tackling serious organised crime. For example, in 2009, working with our Italian colleagues, we used PNR data to identify Chinese passengers attempting to travel to London from Italy in a human trafficking operation. This led to the conviction in the Italian courts of several traffickers in January 2010. Modern criminality requires modern methods to seek out and shut down criminal activity. We cannot just focus on solving crimes after they have happened; instead, we must use the tools available to prevent them from happening in the first place.
Our commitment to a proportionate approach is made clear by our proposal to collect data only on routes of high risk, whether these are between a third country and a member state or between member states. Our starting position is thus about reducing the amount of data collected rather than imposing blanket coverage on all routes from outside the EU as the directive currently proposes. A further benefit of our approach is that it should help make costs manageable, in terms of both data transmission by carriers, and management and maintenance of the system by the member state. We will want to see stringent data protection requirements, overseen by independent information commissioners, so that people’s rights over their personal data are protected. We will also work to ensure that the directive allows data to be retained only for as long as is necessary and proportionate to the task in hand.
Thirdly, some hon. Members will have concerns about sovereignty. Let me be clear: this directive is not about handing over responsibility to a European institution. Rather, it is about member states collecting and processing PNR data on travel under an agreed legal framework to help protect citizens from harm. The draft proposals are based on each member state collecting and analysing the data, and we will vigorously stand by that way of operating. Indeed, the current directive would not allow for the creation of an EU-wide database. We must recognise that criminals are no respecters of national boundaries—they will exploit any perceived gaps or weaknesses within the EU—so it is our collective responsibility to ensure that we close loopholes, wherever and whenever we can.
Finally, carriers will not be required to collect any more data than they already collect as part of an ordinary business transaction. Transmission costs will be borne by the carrier, and have been estimated by the Commission at less than 8p per passenger per flight—a small price to pay for increased safety and security.
Opting in to this directive is good for our safety, good for our security and good for our citizens. It is necessary and right. Opting in to this directive will make Britain a safer place. I commend this statement to the House.
Shabana Mahmood (Birmingham, Ladywood) (Lab)
I thank the Minister for advance sight of his statement. The current UK regime that allows for the collection of PNR data and their use for both immigration control and combating terrorism was brought in by the previous Labour Government through their creation and roll-out of the e-Borders programme. We therefore recognise the vital importance of the role played by PNR data to achieve both those policy objectives.
Given that PNRs are a proven tool for the prevention and detection of serious crime and terrorism, we believe that it is sensible to have a Europe-wide regime to ensure similarity of methodology and approach to PNR rather than have member states going their own way and making individual agreements. We are thus supportive of the UK decision to opt in to the directive.
We note the different approach taken by the Conservatives, now that they sit on the Government Front Bench, to EU co-operation on home affairs and justice matters. That was not something they championed in opposition, but, as we have seen with their change of heart on the extension of the European arrest warrant and their position on PNR data today, that is what happens when rhetoric confronts reality. It is a shame that the Minister took such a long time to sign the directive on human trafficking, where the reality is so shocking.
As the Minister has already told us, the biggest change between the first draft directive and the new draft directive is the inclusion of intra-EU flights within its scope. That is a positive step. As the Minister and I discussed in European Committee B, the inclusion of intra-EU flights is necessary to prevent a security gap from emerging. Will the Minister tell us whether negotiations are continuing with the member states that have not yet expressed support for the proposal—in particular, Germany—and give us his assessment of the effectiveness of the directive without universal support for the inclusion of intra-EU flights?
I note from the new draft directive that the new article 1(a) leaves open the ability of member states to decide which intra-EU routes they wish to include in their PNR data collection coverage, and I note from the Minister’s statement that, in the UK at least, that will focus data collection on routes that are considered to be high risk. However, there is a danger that that will displace the problem rather than deal with it. If potential criminals and terrorists know that certain routes are being targeted, they are likely to move to other routes. Is the Minister confident that we have the necessary flexibility and resources to pre-empt that, and to ensure that we keep pace with what is a constantly changing and developing security picture?
One of the questions I raised with the Minister when this matter was last debated in the House was whether all terrorism offences under the Terrorism Acts 2000 and 2006 would be within the scope of the directive allowing PNR data to be collected and shared. The Minister has written to me. I note that he does not yet know whether all those offences will be covered, and that
“complex legal analysis”
will be required
“during the negotiations to determine the overlap between definitions in the Directive and those in our domestic legislation”.
The UK regime for counter-terrorism reflects the UK’s national experience, and is therefore more extensive in some ways than the regimes of other European Union states. Legislative parity, given the extensive provisions of the Terrorism Acts, will therefore be vital. May I impress on the Minister the importance of keeping that point under review, and will he assure the House that it will be a priority as negotiations continue?
One of the important features of the UK’s internal arrangements is that through the e-Borders programme we can use API and PNR data together, and can use both types of data set for crime fighting and immigration control purposes. I know that the Minister agrees that the full benefits of e-Borders are realised when API and PNR data are collected and used together.
I have asked the Minister before whether he thinks that the current directive is sufficiently clear to enable the UK to continue to use PNR data for immigration control purposes, but I note that the potentially relevant paragraphs of the draft directive remain unchanged. Will the Minister assure the House that signing up to the draft directive will not diminish or weaken the UK’s e-Borders programme in any way, and that he will continue to press for clarity in the directive in order to leave no doubt that member states can collect and use PNR data not just in respect of terrorism and serious crime, but for immigration control? There should be no unintended consequences that would prevent the UK from maintaining effective control of its border.
The draft directive currently states that PNR data will be collected and retained for a period of 30 days, after which it will be anonymised and held for a further five years. The UK Government have been pressing for the data to be held for much longer than that. First, will the Minister tell the House where the negotiations stand in relation to that important part of the proposal? Secondly, will he explain how this conforms with the coalition Government’s emphasis on the removal of data held for the purposes of fighting serious crime? That is what they are doing by weakening the DNA database under the Protection of Freedoms Bill, but they do not seem to be particularly concerned about it in the context of the directive. Does the Minister believe that the Government are adopting a consistent approach, or will they continue to be—as they are at present—all over the place?
Using appropriate information in the fight against serious crime and terrorism is, of course, entirely necessary. We welcome this European initiative, which may make the Government think again about the fight against other serious crime.
Damian Green
I am grateful for the hon. Lady’s support for the Government’s decision, although I am slightly puzzled by her suggestion that there has been some enormous change since my party was in opposition, given that from 2005 onwards the Opposition spokesman on this subject was me. There has been no change at all, either in the person of the spokesman or in the attitude I have taken to PNR and the collection of data. What we are doing is putting into practice what we said in opposition.
The hon. Lady asked a number of specific questions. Negotiations are continuing now that we have decided to opt into the directive. She asked whether the directive will be useful if it ends up not containing the intra-EU provisions that we regard as so important. First, I should emphasise that we have already ensured that a majority of member states are now in favour, so we are extremely hopeful of getting this in place. Secondly, it will be useful, but not as useful as it will be if the intra-EU travel provisions are allowed.
The hon. Lady asked about targeting and whether we can keep pace. It is an important point that some routes are much more high risk than others, so concentrating our resources on them is likely to make us more effective than just having a blanket collection. We and other countries will need to flex to meet the circumstances. The hon. Lady is right that criminals and terrorists will change their patterns of activity. One of the advantages of collecting PNR is that it enables us to see patterns emerging and changing, and to meet that by being fleeter of foot in changing the routes we cover.
The hon. Lady mentioned our exchange in Committee on terrorism offences. She read out part of my letter to her, but neglected to continue. The answer to her question is in the next couple of lines:
“As the negotiations progress…we will need to keep this point under review and, if necessary, seek any changes during the passage of the Directive.”
That is, of course, what we are going to do.
I am happy to be able to assure the hon. Lady that this will not diminish our e-Borders programme. I should point out to her that the most effective immigration part of the e-Borders programme is the API collection, not the PNR collection. I am sorry to be talking in jargon to the House. The API data are essentially the basic information that comes off the passport of any traveller. The collection of that is what will enable us, under e-Borders, to count people out as well as in, and that is what is crucial for immigration.
The hon. Lady talked about the period of time for which data will be held. That will be at the core of the negotiations, and it is extremely important. Under the current British e-Borders system, we hold the data for, essentially, 10 years, and we think that is too long. The Commission is proposing 30 days, and for it then to be anonymised for a few years. The Canadians have a different system again, under which it is held for three and a half years. This issue will be at the heart of the negotiations.
As for the hon. Lady’s idea that there is any inconsistency between our approach on this and our approach on domestic data collection, that is absolutely dead wrong. As I emphasised in my statement, we believe in the necessary and proportionate use of data to combat crime and terrorism, while preserving the civil liberties of the British people. That is what we apply in our domestic field, and that is what we will apply in the international field as well.
Mr Cash
I am extremely grateful to you, Mr Speaker; thank you very much for that.
As the Minister knows, the European Scrutiny Committee is somewhat concerned, to say the least, about the blizzard of opt-ins and the fact that the negotiations on a number of very important matters are still going on. There is therefore some concern about the possibility of our opting in on the hoof, and we will keep these negotiations under close scrutiny, in particular the negotiation on the length of time for the retention of data, but also that on the definition of a serious crime and the question of proportionality in using these data for offences such as racism, xenophobia and sabotage. There is also the whole issue of sensitive personal data in itself. I know the Minister is apprised of these issues, but will he understand that we are extremely concerned and that as there are these important continuing negotiations it is not good enough simply to say, “We will accept it in principle and then discuss it all afterwards”?
Damian Green
First, may I add my good wishes to my hon. Friend on reaching his 39th birthday? I assure him that the Government are keenly aware not only of the key issues he has raised but that he and his Committee will be scrutinising what the Government do. Indeed, as the negotiations are likely to go on for at least a year, if not longer, there will undoubtedly be opportunities for the Committee to return to its perfectly proper scrutiny arrangements during that time.
Keith Vaz (Leicester East) (Lab)
May I also support the Government’s decision to opt in to this directive? The Minister has dealt adequately with the two issues raised by the Home Affairs Committee when it considered the matter—privacy and cost—but will he confirm that the information being collected will not be shared outside the EU? It had been suggested that it might be given to other countries, such as the United States. Secondly, will he also assure us that now that the contracts have been issued under the e-Borders programme, which of course suffered an unfortunate delay under the previous Government, it will be fully operational by 2014, when he may still be the Immigration Minister?
Damian Green
The right hon. Gentleman always paints a happy prospect of life ahead. I am grateful for his support and on the data protection issues I can say that the British information will be dealt with by the British Government, so we will not see the random international sharing of information that he suggests—I agree that that would be bad for data protection issues. On the e-Borders system, we are indeed proceeding with letting the new contracts. We already have more than 90% of routes outside the EU covered by e-Borders and we hope that within the next 12 months that coverage will be more or less complete, so that will proceed quickly. Clearly the biggest single gap in the e-Borders coverage is within the EU, which is what this directive is very precisely going to help us with.
Tom Brake (Carshalton and Wallington) (LD)
The Minister rightly says that the directive will make Britain safer, but will he say a little more about the safeguards? Specifically, will he confirm that the data will not be used for profiling and that the UK’s data protection standards will apply?
Damian Green
I am very happy to give my hon. Friend that specific assurance that the data will not be used for profiling. Indeed, the amount of sensitive personal data that will be put on the system is one of the liveliest matters for negotiation. I entirely share his instincts, which I know to be that although data need to be collected and stored for the protection of our citizens, that must done proportionately. In many ways, the ideal situation is that we collect and store the exact minimum of data that we need to enhance the security of the people and do not drift into the situation that the previous Government fell into. They believed that they made us safer by collecting and storing more and more data and keeping them for longer. That did not make any British citizen safer but it did amount to an assault on our civil liberties.
Kate Hoey (Vauxhall) (Lab)
The Minister has said on a number of occasions that opting into this directive will make Britain safer. I presume that he meant to say the United Kingdom of Great Britain and Northern Ireland, although I frequently hear Ministers refer to “Britain”. He said that this approach would be used “only on routes of high risk, whether these are between a third country and a member state or between member states.” Does he envisage it ever being used for journeys between Belfast and London?
Damian Green
I am perhaps careless in saying “Britain” when I mean the United Kingdom, and I am happy to assure the hon. Lady that I mean the United Kingdom on this occasion. Like her, I regard flights between Belfast and London as being entirely British domestic flights and therefore certainly not included in the terms of an international agreement between EU member states.
Mr Rob Wilson (Reading East) (Con)
I congratulate my hon. Friend on what seems to be a very pragmatic anti-terrorism measure, but will he tell the House how the implementation of this directive fits into the Government’s very positive record of balancing civil liberties, on the one hand, and anti-terrorism work, on the other?
Damian Green
It will fit in during the course of the negotiations, and I hope that my hon. Friend will observe that we want to reach a position in which the amount of information collected, as well as the length of time for which we keep it, are proportionate, and the number of offences for which it is used is both sensible and proportionate. I take the point raised by my hon. Friend the Member for Stone (Mr Cash), which must be considered, too. We will be concentrating hard on those details of the negotiations, always with the view that we want to ensure that this measure is entirely consistent with our stance of enhancing both security and civil liberties.
Emma Reynolds (Wolverhampton North East) (Lab)
I congratulate the Minister and the Government on opting in to this important directive. I also welcome the eventual, although late, decision to opt in to the human trafficking directive at the end of the negotiations. Contrary to the advice that he has received from the hon. Member for Stone (Mr Cash), does the Minister agree that it is important for the UK to opt into such directives at the start of the process, so that we can be at the forefront of negotiating the finer detail of the proposals? We did not have the chance to do that with the European human trafficking directive.
Damian Green
I am grateful to the hon. Lady for her support, but I do not agree that we should take a blanket decision always to opt in at the beginning. With some directives, of which this is one, we are clearly leading a majority of European countries towards a position that would be extremely desirable, and without which the directive would be much less powerful. As for the human trafficking directive that we agreed to opt in to last night, in that case there was more of a threat than a promise during the negotiation procedure, and we needed to know that when we reached the end of the procedure the directive would still be entirely safe for Britain. As the hon. Lady will know, one difficulty is that if we opt in at the beginning there is no chance of opting out at the end if we discover that the negotiations have gone wrong. This is a question of taking every case on its merits, and that is what we seek to do.
Oddly enough, what has happened in the past 24 hours illustrates the virtues of such pragmatism. For the trafficking directive it was sensible to opt in at the end of the process, and for this directive it was sensible to do so at the beginning. With other directives it will be sensible for us not to opt in at all, because they might be harmful. I can assure the hon. Lady that the Government will continue to operate a pragmatic case-by-case approach to such directives.
Mr Peter Bone (Wellingborough) (Con)
My view is completely the reverse of what the hon. Member for Wolverhampton North East (Emma Reynolds) has just said. It was absolutely right to opt in to the human trafficking directive yesterday after it was finalised. I am a bit worried that we are now opting in to a directive that we cannot opt out of before we see the final version, although the Minister already has concerns about it. Why does he think that we should opt in now, rather than waiting until the end, as we did with the human trafficking directive?
Damian Green
Because one of the crucial elements of this directive concerns travel between EU states. That, more than anything else, is what will help make British citizens safer, as 72% of the flights in and out of this country are flights between EU member states. Although the directive would still be useful if it did not cover such flights, it would be significantly less useful. We have devoted our negotiating efforts, successfully so far, towards building a coalition in the EU to promote that policy. So far, that is going well. This is a prime example of where opting in at the beginning and leading the discussions will be to the advantage of this country and its citizens.
Oral Answers to Questions
Damian Green Excerpts(13 years ago)
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John Howell (Henley) (Con)
3. What estimate she has made of the likely effect of her policy on student visas on the number of visas issued in the 12 months following its implementation.
The Minister for Immigration (Damian Green)
The policy will be fully implemented by the end of 2012. From then on, the estimated reduction is about 70,000 main applicant visas a year, plus a further reduction in student dependants of about 20,000.
John Howell
I thank the Minister for that response. Will he add to it by telling us what responses he has received from universities on the student visa changes?
Damian Green
This is an important point because when we proposed this radical change the universities were understandably worried. Following our announcement, however, we have received overwhelmingly positive feedback from the university sector. Indeed, Universities UK has said that the reforms
“will allow British universities to remain at the forefront of international student recruitment.”
I am delighted that the policy has been so welcomed by the sector.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
In view of the importance of overseas students to the finances of British universities and to the wider UK economy, does the Minister agree with the Home Affairs Committee that students should not be counted within migration numbers?
Damian Green
The problem with the approach of the Home Affairs Committee, which, as the right hon. Gentleman knows, I always take very seriously, is that this is not my definition or the Government’s definition; it is an international United Nations definition that an immigrant is someone who moves to and settles in a country for more than a year. Any attempt to solve the immigration crisis that the Government inherited simply by changing the definitions would not be credible with the British public. People know that we have an immigration problem, and they want stern, robust action to be taken to solve it. That is what the Government are providing, and it is much more effective than changing definitions.
Robert Halfon (Harlow) (Con)
Is the Minister aware that, according to a number of stories, in addition to bogus colleges, there are colleges that engage in corrupt practices such as asking students for money in return for certificates? Will the Government take steps to crack down on those colleges as well, as they are often licensed by the Home Office?
Damian Green
Indeed we will. My hon. Friend makes a good point. This is about not just bogus colleges colluding with bogus students but bogus colleges conning would-be genuine students, both of which need to be stamped out. In the past 12 months we have revoked 21 tier 4-sponsored licences and suspended more than 70. We are also increasing our enforcement activities to drive out the widespread abuses we have found.
Mr Gerry Sutcliffe (Bradford South) (Lab)
The Home Secretary and the immigration Minister have told us that the policy of reducing the number of student visas is an integral part of their overall policy to reduce net migration by tens of thousands by 2015, but the reality is that the policy is in tatters. The Home Secretary and the Minister say that that is the policy, but the Business Secretary and the Lib Dems say that it is not. The Prime Minister said recently:
“No ifs, no buts. That’s a promise we made to the British people.”
Will that promise be kept, given the agenda and proposals on visitors and relatives, and will he get the Lib Dems’ agreement?
Damian Green
I think there was a question in the middle of that. I am happy to assure the hon. Gentleman that we will of course meet our commitment to reduce net immigration to the tens of thousands by the end of this Parliament. If he is going to talk about confusion, he should talk to the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), who said that immigration was coming down in the last years of the Labour Government, although the figures that we have published show that it was going up. The points-based system without a limit was not solving the immigration crisis that her Government created, and this Government are taking effective action across the board that will resolve the crisis that we inherited.
Dr Julian Huppert (Cambridge) (LD)
12. What her policy is on measures to ensure that children born overseas to unmarried male British citizens before 2006 are treated in a manner equivalent to those born after 2006.
The Minister for Immigration (Damian Green)
I am grateful to my hon. Friend for reminding the House of this odd hangover from previous legislation. Children born overseas to unmarried British fathers before July 2006 were unable to acquire citizenship by descent from their father. However, the UK Border Agency will register such people as British citizens if an application is made before their 18th birthday.
Dr Huppert
I thank the Minister for those comments. He was also sympathetic when my hon. Friend the Member for Carshalton and Wallington (Tom Brake) raised this matter two years ago. Will he seek a legislative opportunity to correct this situation by statute rather than rely on discretion, which may or may not be applied to children who may or may not be inside the country?
Damian Green
As I said, my hon. Friend makes a valid point. There is, however, an established registration route for children born to British unmarried fathers under section 3 of the British Nationality Act 1981, which allows the Home Secretary to register any child under the age of 18 as a British citizen, and this discretion has been used for many years. Of course those who are not able to register because they are over the age of 18 can instead naturalise as British citizens if they are resident in the UK and meet the requirements for naturalisation. As he says, any change to the nationality law would have to be made through primary legislation and there is no appropriate vehicle before the House at the moment.
John Mann (Bassetlaw) (Lab)
13. How many police officers she expects to retire under rule A19 in 2011.
Pamela Nash (Airdrie and Shotts) (Lab)
T3. Can the Minister confirm that student visitor visas, which have recently been increased to 11 months, will not be included in general immigration statistics?
The Minister for Immigration (Damian Green)
Yes, as indeed I made clear in answer to a previous question. The definition of an immigrant is somebody who comes here for more than 12 months, so student visitor visas, like tourist visas, are for visitors, not for immigrants. They therefore do not come under immigration limits.
Claire Perry (Devizes) (Con)
T6. May I press the Home Secretary a little further on the 7/7 inquest? Like so many MPs in our constituencies on Friday, I was listening to the wall-to-wall coverage of the inquest and was struck by the harrowing stories of the survivors and the surviving family members. It has been nearly six years since the event. Can my right hon. Friend tell us, while we wait for the end of the formal response period, what lessons the security services have learned since the event?
Mike Freer (Finchley and Golders Green) (Con)
T9. The Minister is aware of the 60 or 70 Yemeni Jews who are trapped in Yemen. What can he do to help to facilitate the visa applications of those families with strong British links?
Damian Green
I am grateful to my hon. Friend for bringing up this issue. He will understand that it would be inappropriate for me to provide a running commentary at the Dispatch Box on individual applications for asylum or any other form of immigration, but I am aware that he has written to me about the matter and I will reply to him shortly.
John Robertson (Glasgow North West) (Lab)
T8. Will the Minister say a little more about how happy the universities were about the new visa system, and in particular what he would say to Glasgow Caledonian university, which has been suspended from sponsoring foreign students and had a 28-day suspension imposed on it? What would he say to the university, which finds the situation difficult and the sentence disproportionate?
Damian Green
I would say to Glasgow Caledonian university, and to the hon. Gentleman, what I would say to any university: all tier 4 sponsors who are given the privilege of bringing people to this country must ensure that they fulfil their sponsorship duties and that their students comply with the requirements of the immigration rules. As he knows, the tier 4 licence was suspended on 20 April following concerns about abuses of the immigration system. The university was given 28 days, from the date of suspension, to make representations against the decision. We are still within that 28-day period and obviously are in dialogue with the university. I hope that he will endorse the fact that we have immigration rules in this country and that they need to be enforced.
Duncan Hames (Chippenham) (LD)
It will soon be 50 years since the last royal commission on policing, during which time the challenges faced by our police forces have changed dramatically, as have the expectations placed on them. Will the Minister consider the case for a fresh royal commission?
Jason McCartney (Colne Valley) (Con)
What consultation has taken place with universities, such as the university of Huddersfield, to assess the impact of changes to student visas and the number of students who stay on after their studies to take the post-study work route?
Damian Green
As my hon. Friend may have heard me say earlier, there was a full consultation. It obviously included the university of Huddersfield and was widely welcomed by universities. We now have a system whereby graduates can stay on so long as they have been offered a specific graduate-level job. To answer his precise question, we calculate that the effect on numbers will be that instead of 38,000 staying on as before, roughly 19,000 will stay on in future.
Katy Clark (North Ayrshire and Arran) (Lab)
The Home Secretary will be aware of the concerns about the activities of under-cover police officers, such as Mark Kennedy. Her Majesty’s inspectorate of constabulary is carrying out a review; will the Home Secretary undertake to make a statement to the House once the outcome of that review is known?
Dame Anne Begg (Aberdeen South) (Lab)
Now that Aberdeen passport office has closed, my constituents face a long journey for a face-to-face interview about their first passport. They are expected to travel to Dundee, 70 miles away, but, because of the extra work caused by the closure of other offices throughout north-east Scotland, they have now been told that they will have to go either to Edinburgh or even to Newcastle. It appears that the alternative arrangements that the Government promised have not been put in place, so will the Minister look at the issue to make sure that they are put in place and it is not impossible for my constituents to get a passport?
Damian Green
I am grateful to the hon. Lady for drawing that issue to my attention. I will certainly look into the individual circumstances of her constituents applying for a passport for the first time.
Trafficking in Human Beings
Damian Green Excerpts(13 years ago)
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The Minister for Immigration (Damian Green)
I beg to move,
That this House takes note of European Union Document No. PE-CONS 69/10, relating to the Directive of the European Parliament and the Council on preventing and combating trafficking in human beings and protecting its victims, replacing Council Framework Decision 2002/629/JHA; and supports the Government’s intention to apply to opt in post-adoption under Article 4 of Protocol 21 on the position of the UK and Ireland in respect of the area of freedom, security and justice.
I thank members of the European Scrutiny Committee for giving us the opportunity to set out why the Government wish to opt in to the EU directive on human trafficking and the benefits it will bring to the UK. I hope that this debate will secure the Committee’s support for this important measure, which I believe further strengthens the UK’s position on tackling human trafficking. I also welcome this debate as a step forward for parliamentary scrutiny. We welcome the Committee’s consideration of the Government’s intention to opt in and its detailed report, in which the Committee acknowledged that the objective of preventing and combating trafficking cannot be sufficiently achieved by member states alone and can, by reason of both its scale and effects, be better achieved by action at EU level. Our intention to opt in is consistent with that view.
I know that Committee members recognise that human trafficking is an abuse of human rights that feeds on the exploitation of victims—men, women and children. The victims of this appalling crime are mere commodities in the hands of organised crime groups, and their exploitation causes severe and lasting harm. We are clear that tackling this crime is of the highest priority. Human trafficking is a complex, covert and cross-border crime that demands an international response. The UK is a world leader in its anti-trafficking work, but that does not mean that we should stand still. Rather, we have a responsibility to lead the way in the fight against trafficking and develop increasingly sophisticated responses to the changing nature of the organised crime landscape.
Keith Vaz (Leicester East) (Lab)
Does the Minister welcome the recent developments in the EU that will provide for more border checks within the Schengen area? When the Select Committee on Home Affairs last reported on this, it found that traffickers could pass through the Schengen area without being stopped. These new arrangements, which the EU seems to be putting in place, will mean more checks within the area, which might mean that we catch more people involved in this terrible crime.
Damian Green
The right hon. Gentleman might well be right. However, it would be unhelpful for me to comment generally on the developments in the Schengen area that, as he and the House will know, might be introduced as a result of events in north Africa. Certainly, however, I agree with the general proposition that each EU member state has to consider its own border arrangements and internal policing arrangements to make it easier for all of us to work together on an international basis in combating what is by definition an international crime. That means that to deal with this problem we have to work closely with our international partners, and applying to opt in to the directive is a positive step that Britain can take towards this goal.
As the House will be aware, we chose not to opt in to the directive when it was initially put on the table last summer, because the draft text had to go through an extensive period of negotiation between the European Council and the European Parliament. We wanted to be absolutely sure that the text would not change during those negotiations in a way that would be detrimental to the integrity of the UK’s criminal justice system. We wanted to consider a final text that had no risks attached and would not fundamentally change the UK’s already strong position in the fight against human trafficking.
Mark Tami (Alyn and Deeside) (Lab)
Does the Minister not think that it sends a negative message that we have taken so long to sign up?
Damian Green
No, I do not, because once the text was available, we looked at it and made the recommendation very quickly, so there has been no practical delay at all. We have examined in great detail the final text and its impacts on the UK, and have concluded that applying to opt in would benefit the UK as well as—most importantly—the victims of trafficking. Applying to opt in to the directive will maintain our position and will continue to send a signal to traffickers that the UK is very serious about tackling trafficking.
I am absolutely clear, however, that merely applying to opt in is not enough. We have much work to do to ensure that the directive is implemented in an effective way across the UK. There has been great interest in how we will implement certain measures in it, which I will deal with in a moment. The UK already complies with the majority of its measures. We have said from the outset that opting in to the directive will require us to make some legislative changes to ensure full compliance, and we are ready to do that. This will include widening extra-territorial jurisdiction. The directive requires us to establish extra-territorial jurisdiction when the offender is a UK national. It also gives us discretion about whether to establish jurisdiction over cases in which the offender is an habitual resident.
I know that that issue has caused much debate; another is that of child guardians. On this, the directive contains a number of important provisions about assistance and support for child victims of trafficking. We are confident that the UK is compliant with those measures. Local authorities have a statutory duty to ensure that they safeguard and promote the welfare of all children, regardless of their immigration status or nationality. We believe that this responsibility should remain with the local authorities that co-ordinate the arrangements for each child to ensure that they are safe and to promote their welfare.
Margot James (Stourbridge) (Con)
Does the Minister agree that local authorities are going to need some training, direction and guidance on this matter? The record of child victims of trafficking disappearing from local authority care very soon after their admission is shocking and disturbing.
Damian Green
I agree that there have been severe difficulties in that regard. My hon. Friend will know that there tends to be a concentration of child victims of trafficking in certain local authorities, and one of the things that encourages me is the way in which local authorities—particularly those that are the most affected—are now learning best practice from each other and getting a grip on the problem of disappearance, which has afflicted many child victims of trafficking. For instance, Hertfordshire has, by adopting new systems, reduced the number of children who disappear from 36 to two in 12 months.
Great improvements are clearly needed, but we have already seen them being made in some local authorities, which are developing the kind of systems that are effective in enabling them to fulfil their statutory duty to protect children. They have comprehensive systems in place to do this, and adding another guardian to that framework would risk creating another level of complexity in arrangements that are already strong and that ensure the best interests of the child. Even worse, it would risk creating confusion for children themselves if plans for their care were not effectively co-ordinated.
Tom Brake (Carshalton and Wallington) (LD)
What would be the difference between having an independent reviewing officer and advocate, and having a guardian? Is it the Minister’s view that the combination of an IRO and an advocate amounts to a guardian?
Damian Green
That is exactly my view, and having another guardian would be confusing and potentially bureaucratic. Indeed, in discussions with the very energetic all-party group on human trafficking, one of its leading officers, the noble Baroness Butler-Sloss, made the point that when the directive talks about a guardian, it does not, in her view, mean a guardian ad litem—a legal representative of the child—who would deal with the courts, as happens in “normal” child protection issues. The truth is that the concept of the guardian in the directive is slightly vague, and slightly declaratory, and we believe that our present system is already achieving what the directive wants us to achieve.
Another provision that has generated great interest is the idea of a national rapporteur on human trafficking. Again, we believe that we have equivalent mechanisms in place that fulfil that purpose, in the form of the UK Human Trafficking Centre, for data collection, and the inter-departmental ministerial group, for oversight. I recognise the concerns expressed by hon. Members and others that this function should be carried out by an independent body, and I will keep those arguments under consideration.
Andrew Selous (South West Bedfordshire) (Con)
I congratulate my hon. Friend on these measures, which are welcomed by many of us. Will he tell us what new police initiatives he envisages as a result of the motion, given the evidence of the success of Operations Pentameter 1, Pentameter 2 and Golf? Focused police effort has made a major difference.
Damian Green
My hon. Friend is right to say that good things were done during the focused police action under the two Pentameter operations. One result is that combating trafficking has become much more a part of mainstream police work than it was a few years ago. There will be further developments on the activities of the national crime agency and, more specifically, on the new trafficking strategy that will be announced in the coming weeks. I will come to that in a second, if he will excuse me.
Mr Peter Bone (Wellingborough) (Con)
I absolutely welcome the Government’s decision to opt in to the directive, as does the all-party group on human trafficking. We are concerned, however, about the Government’s decision on the rapporteur. I am all European and I like that sort of thing, and I hope that the Government have not closed their mind to the idea. I do not think that the mechanism that the Minister has outlined is good enough.
Damian Green
I am sure that the whole House will echo my pleasure at my hon. Friend welcoming this opt-in to a European directive. I cannot say how delighted I am to be on the same side as him in this argument. As I have said, I will listen to the arguments about an independent rapporteur, but I would merely observe that only two EU countries have adopted the mechanism that he favours. It is therefore reasonable to say that the jury is out on whether that is the most appropriate way forward.
I want to be clear that applying to opt in to the directive is only one part of the wide range of work that we are carrying out to tackle trafficking. Despite the difficult financial climate, we have protected funding for adult victims. We have set aside £2 million a year for the next three years to fund support provision for adult victims of human trafficking. As part of our wider work to tackle trafficking, we have introduced a new model for funding specialist support for adult victims. This will ensure that each identified victim receives support tailored to their individual needs and in line with the standards set out in the Council of Europe convention. It will also ensure effective co-ordination and monitoring of the support on offer, while enabling a greater range of service providers to support victims of this crime. These changes will result in a more comprehensive system of care that will take better account of the particular needs of individual victims. The flexibility of the new model will also mean that we are better equipped to meet the victim care requirements contained in the directive.
The strategy on human trafficking will set out in more detail the direction of our work on trafficking, and this will be published shortly. As I have just mentioned to my hon. Friend the Member for South West Bedfordshire (Andrew Selous), the strategy will set out the steps that we will take across four key areas: disrupting trafficking networks before they reach the UK; smarter multi-agency working at the border; more co-ordination of our law enforcement efforts in the United Kingdom; and improved victim care arrangements. As I said during the anti-slavery day debate in the House last October, the strategy will maintain the focus on victims and also put renewed effort into upstream enforcement, without compromising in any way our commitment to victim care. We will continue to work with a range of partners to achieve this. I hope that the House will support the Government’s intention to apply to opt in to the directive, and I commend the motion to the House.
Damian Green
We have seen that this is a matter of considerable importance to everyone in the House this evening, and there has been a remarkable degree of cross-party consensus. I am very reassured by the level of support for our intention to opt in to the directive. The right hon. Member for Leicester East (Keith Vaz) said that it was a unique experience for an Immigration Minister to receive unanimous support from the House, but I think that he was being characteristically understated: the House appears to have given unanimous support for opting in to a European directive. This debate may have been low key, but it is genuinely historic in that regard. In the last few minutes of it, let me address the points that have been raised.
I am grateful for the support of the hon. Member for Slough (Fiona Mactaggart), who speaks for the Opposition. I smiled at her opening remarks, because I remember sitting in her position when the previous Government were deciding whether to opt in to the Council of Europe convention. I spent about 18 months urging them to, and I probably used exactly the same words as she did when I welcomed their decision eventually to do so. I take her point about wanting more referrals under the national referral mechanism, and, as several hon. Members on both sides of the House have said, the new national crime agency and the border command within that will be helpful in toughening up the whole response to trafficking, including the police response to the national referral mechanism.
Several hon. Members questioned the police commitment in certain areas to fight trafficking, and there is more to be done. That is one reason why we are introducing the national crime agency, but in defence of the current system I should say that tackling organised immigration crime is the second-highest priority of the Serious Organised Crime Agency, after fighting drugs, so it is high on the list of those who fight organised crime.
The hon. Lady mentioned the POPPY project, and the Under-Secretary of State for Justice, my hon. Friend the Member for Reigate (Mr Blunt) explained the new system, whereby there is not just a new provider in the Salvation Army, but a new process of using a prime contractor. Different contracting agencies will buy a range of skills, and I hope that that will make the new system less London-centric, as my hon. Friend the Member for Wellingborough (Mr Bone) rightly pointed out.
There were also questions about protection at the railway border, St Pancras, where Eurostars arrive, but I should point out that Operation Paladin, a successful exercise run jointly by the UK Border Agency and the Metropolitan police, operates there, so it is not true to say that the station is a soft spot. Of course, all passengers on those trains will already have gone through controls in France or Belgium, too.
The hon. Lady also asked whether the new protection regime would allow for the challenging of NRM decisions. All support providers are asked to, and helped to, provide information about victims’ experiences and circumstances to the competent authority precisely to ensure that the correct NRM decision is reached and to advocate on behalf of victims in the provision of services. That will continue to be the case under the new contract.
I slightly parted company with the hon. Lady when she said that the process of coming to the new strategy had been slow and confused. I gently point out to her what she, as a former Minister, will know perfectly well: this is the first day for six weeks that the Government have been able to make policy announcements, because we have been in pre-election purdah. That is one reason why the definition of spring in Whitehall is reasonably elastic. We have this period every year when we simply cannot make announcements, but it is now coming to an end.
I am grateful for the general support of my hon. Friend the Member for Carshalton and Wallington (Tom Brake). He asked about forced begging and criminal offences, but the directive requires the UK to criminalise only trafficking. The UK is already compliant with that requirement, subject to the requirements that I mentioned to amend our offences regarding extra-territorial jurisdiction and internal trafficking for labour exploitation. The required penalties for the offence of trafficking are as set out in article 4 of the directive. There is no requirement for any penalties specifically relating to forced begging or any other provisions about forced begging or other offences. I hope that that answers the question. He also talked about legal representation. In the UK, victims of crime are not a party to criminal proceedings and therefore do not need assistance with legal representation.
My hon. Friend mentioned the role of the local press and the acceptance of adverts that many of us would prefer not to see in local papers. I completely agree with the points he made. It has always struck me that this is an example of where consumer power might be useful. If the readers of those newspapers told them that they found such adverts offensive and therefore would not buy the newspapers or products that were advertised in them, I dare say that newspaper groups would stop carrying those adverts.
On the time scale, as I said, we are applying to the Commission to opt in because the directive has already been completed. The Commission has to decide within four months to let us in, which I presume will not be a problem, and then, over a period to be determined by the Commission—a number of years, possibly two—any primary legislative changes will need to be put through this House.
I particularly welcome the remarks of my hon. Friend the Member for Wellingborough about the Salvation Army. I hope that this measure leads to a spread of expertise and a greater tapping into new expertise in helping victims. I am grateful for his kind remarks, and I echo what he said about Anthony Steen and praise his own successor chairmanship of the all-party group on human trafficking.
The hon. Member for Linlithgow and East Falkirk (Michael Connarty) has developed great expertise in these matters. In response to his first remarks, we are seeing the scrutiny procedure working. The substance of this measure is very important, but the process is quite important as well. Proper parliamentary scrutiny of a European directive is leading to a good legislative result in this country, so this is good for Parliament as well.
The hon. Gentleman talked about the number of convictions. Since May 2004, there have been 166 convictions for trafficking, including 153 for trafficking for sexual exploitation, of which three are for conspiracy to traffic. Since December 2004, there have been 13 convictions for labour trafficking and six for conspiracy to traffic. Those figures all run to the end of January this year.
Finally, I am grateful to the hon. Member for Preston (Mark Hendrick) for putting the matter in its proper historical perspective.
The measures set out in the directive very much reflect the existing position in the UK and the work that we are already doing to combat human trafficking. Subject to Parliament and the Commission agreeing with our intention to opt in, I look forward to working closely with the Commission, the practitioners and our corporate partners to implement those measures. It is simply intolerable that in 2011 human trafficking still plagues this country. We should not rest until we have it under better control, and opting in to the directive will mark an important step towards achieving that aim. I commend the motion to the House.
Question put and agreed to.
Resolved,
That this House takes note of European Union Document No. PE-CONS 69/10, relating to the Directive of the European Parliament and the Council on preventing and combating trafficking in human beings and protecting its victims, replacing Council Framework Decision 2002/629/JHA; and supports the Government’s intention to apply to opt in post-adoption under Article 4 of Protocol 21 on the position of the UK and Ireland in respect of the area of freedom, security and justice.
Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011
Damian Green Excerpts(13 years ago)
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The Minister for Immigration (Damian Green)
The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011 and consequential amendments to the Registration of Marriage Regulations 1986, the Registration of Marriages (Welsh Language) Regulations 1999 and the Civil Partnership (Registration Provision) Regulations 2005 were made on 25 April and will come into force on 9 May 2011. Copies of the remedial order and regulations will be available from http://www.legislation.gov.uk in due course.
The remedial order will have the effect of removing the certificate of approval scheme which the UK courts found incompatible with the European convention on human rights (ECHR). From 9 May, those persons subject to immigration control wishing to give notice of marriage or civil partnership will no longer be required to demonstrate that they have an entry clearance granted for the purpose of marriage or registering civil partnership; a certificate of approval from the Home Office; or settled status in the UK.
Tackling sham marriage abuse remains a priority. Building on success over the last year, which has resulted in 155 arrests, the UK Border Agency will continue to investigate suspected abuse and, where possible, disrupt marriages before they take place. The UK Border Agency is also working closely with the three General Register Offices and partners such as the Anglican Church to look at ways in which the problem of sham marriages can be addressed.
The requirement for a person subject to immigration control to give notice of marriage or civil partnership at a designated register office will remain unchanged. This requirement allows the UK Border Agency to focus enforcement action on specific register offices.
As part of our reform of the immigration system, the Government intend to consult later in the year on family migration, including measures to tackle sham marriages and other abuse, promote integration and reduce burdens on the taxpayer.
Immigration and Nationality (Fees) Regulations 2011
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The Minister for Immigration (Damian Green)
I regret to inform the House that there was an inaccuracy to the opening speeches made in each House during the debates on the Immigration and Nationality (Fees) Regulations 2011. The debates took place in the Fourth Delegated Legislation Committee on Monday 28 March, column 4, and in the House of Lords Grand Committee on Tuesday 29 March 2011, column GC 155:
http://www.publications.parliament.uk/pa/cm201011/cmgeneral/deleg4/110328/110328s01.htm.
http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/110329-gc0001.htm#11032963000180
Both speeches made reference to the introduction of a new fee for providing certain stateless persons the ability to acquire the status of British protected person. The status means they can receive consular protection, a British passport and are eligible to register as a British citizen if they meet the appropriate criteria. The volumes under this route are minimal. However, it is a cost to the agency to process these applications and we believe that the rights associated with this status are valuable and therefore these applications should be charged for.
I can confirm that this fee was erroneously omitted from the regulations and as such will not be introduced as planned. A very small number of people are estimated to have been affected by this—there have been only two such applications in the past 12 years. I am now announcing a correction to the speech made during the debates. My officials will ensure that this is made clear to any applicants applying under this route, on the UK Border Agency website, www.ukba.homeoffice.gov.uk. However, I will also take the opportunity to introduce this fee when I next make an amendment to the existing regulations.
Immigration Policy (Marriage of non-EEA Nationals)
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The Minister for Immigration (Damian Green)
Tackling abuse of the system is a significant element of the Government’s immigration policy. This includes preventing marriage in the UK being used solely to gain an immigration advantage. The Government have been working with partners to look at ways in which the problem of sham marriages can be addressed.
I am therefore pleased to welcome procedural changes which have been made by the Church of England which will afford closer scrutiny and help to deter or prevent those seeking to marry in order to gain an immigration advantage. The Church of England has issued new guidance to allow for greater scrutiny for applications for marriage where one or both parties is a non-EEA national (that is, not a national of a country that belongs to the European economic area or a British citizen).
This will allow the clergy greater opportunity to satisfy themselves, prior to the ceremony, that the marriage is a genuine one and, where they have concerns, to refer the matter to the UK Border Agency.
In order to enable the Church of England to introduce its new procedures in respect of non-EEA nationals, I have agreed that use can be made of an exception under the Equality Act 2010 for differential treatment on the basis of nationality.
These measures took effect from 11 April and a copy of the ministerial approval and guidance have been placed in the Library of the House.
Changes in Immigration Rules
Damian Green Excerpts(13 years, 1 month ago)
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The Minister for Immigration (Damian Green)
My right hon. Friend the Home Secretary is today laying before the House a statement of changes in the immigration rules that will bring about the first of the changes to the student visa system, which I announced on 22 March.
The changes will take effect on 21 April and will introduce an interim limit on those sponsors who do not currently meet the new accreditation criteria and will limit the number of students they can sponsor. These rule changes also implement the changes to the English language requirement so that those coming to study at degree level will have to speak English at an upper-intermediate level. Others will have to speak English at an intermediate level. We are also publishing a statement of intent on the UK Border Agency website which sets out the detail of the proposed policy changes to tier 4 and I will arrange for a copy to be placed in the House Library.
This statement of changes also includes some changes to the tier 4 rules to clarify some existing rules and to bring some requirements into the rules.
We are also making some minor amendments to rules laid on 16 March, relating to prospective entrepreneurs and tier 2 intra-company transfers. We are also correcting omissions from the new criminality requirements at settlement and to clarify the application of the new settlement rules for highly skilled migrant programme participants.
Entry Clearance Decisions (Removal of Full Appeal Rights)
Damian Green Excerpts(13 years, 2 months ago)
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The Minister for Immigration (Damian Green)
My right hon. Friend the Home Secretary is today laying before the House a copy of the United Kingdom Border Agency report on removal of full appeal rights against refusal of entry clearance decisions under the points-based system. Copies will be available in the Vote Office and online at http://www.official-documents.gov.uk/.
Section 4(3) of the Immigration, Asylum and Nationality Act 2006 requires provision of a report on the effects of section 4(1) of the 2006 Act, which is the mechanism by which appeal rights against refusal of entry clearance decisions overseas were removed for those applying under the points-based system.
The report is required within the period of three years from the commencement of section 4(1) on 1 April 2008, when the points-based system was first implemented overseas. Full appeal rights against such refusals were removed as each tier of the points-based system was implemented overseas. A new process of administrative review was introduced overseas under the points-based system to enable refused applicants to challenge any factual errors made in the decision-making process.
To meet the requirements as set out in the Act, the report provides statistical data on entry clearance decisions and administrative review requests made, it details the processes and criteria in place under the points-based system and records opinions made by the UK Border Agency independent chief inspector. To report on the effects of removal of full appeal rights, some comparisons have been made between the appeal system and administrative review process.
EU Directive (Human Trafficking)
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The Minister for Immigration (Damian Green)
I am writing today to the Parliamentary Scrutiny Committees in both Houses, seeking their views on the Government’s intention to apply to opt in to the EU directive to combat human trafficking upon its adoption. The Government’s view remains subject to parliamentary scrutiny.
In June, the Government took the decision not to opt in at the outset to the proposal for a directive to combat human trafficking but undertook to review the position when there was a finalised text. We have now carefully considered the finalised text. The main risk associated with the text has now been overcome: by waiting to apply to opt in, we have a text that has been finalised and we have avoided being bound by measures that are against the UK’s interests.
The new text still does not contain any measures that would significantly change the way the UK fights trafficking. However, the UK has always been a world leader in fighting trafficking and has a strong international reputation in this field. Applying to opt in to the directive would continue to send a powerful message to traffickers that the UK is not a soft touch, and that we are supportive of international efforts to tackle this crime.
“Refusing Entry or Stay to NHS Debtors”
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The Minister for Immigration (Damian Green)
I have today published a report detailing the Government’s response to the public consultation “Refusing entry or stay to NHS debtors” conducted by the UK Border Agency between February and June last year. The consultation sought views on a proposal to amend the UK’s immigration rules so that those subject to immigration control who fail to pay treatment charges made by the national health service under the relevant charging regulations for overseas visitors will normally be refused further leave to enter or remain. It also covered associated arrangements for the national health service to notify the UK Border Agency of relevant non-payments. The Under-Secretary of State for Health, my hon. Friend the Member for Guildford (Anne Milton), who is responsible for public health, is also publishing today a consultation report detailing the response to a separate Department of Health public consultation on changes to the NHS charging regulations in England.
We have carefully considered the response to the UK Border Agency consultation, which was generally supportive of the proposals, and have decided to implement the proposed change to the immigration rules in October this year. Those who fail to discharge debts to the NHS of or in excess of ,(£1,000 will normally be refused by the UK Border Agency if they seek further permission to enter or remain in the country.
Copies of the response document will be placed in the Library of the House.