Oral Answers to Questions

Damian Green Excerpts

Monday 21st May 2012 Commons Chamber

[Karen Bradley (Staffordshire Moorlands) (Con)]

10. What assessment she has made of the effectiveness of the permanent cap on non-EU work migrants after its first year of operation.

[The Minister for Immigration (Damian Green)]

The annual limit, together with other measures such as raising the minimum skills level, has ensured that we have kept the numbers of non-EU workers at sustainable levels while allowing employers to access the brightest and best migrants.

[Harriett Baldwin]

The seasonal agricultural workers scheme, which expires in December 2013, allows farmers and growers to bring in workers from as far away as Ukraine and Moldova. Does the Minister agree that welfare reform should make it more attractive for British crops to be picked by British workers?

[Damian Green]

My hon. Friend makes a good point. Immigration reform is one necessary element of creating a more balanced labour force, but the other two elements are welfare and educational reform, which will ensure that British workers are trained and have the right attitude to take the jobs available, in agriculture or in other sectors. [Interruption.] The Opposition Front-Bench team appear to deride these types of jobs. I suggest that is a big mistake.

[Iain Stewart]

I welcome the new income and language criteria introduced alongside the cap. Does the Minister agree that these measures give the public confidence that economic migrants are here to benefit the economy and contribute to society?

[Damian Green]

It is important that we create, as we are doing, a more selective immigration system designed to attract and reward migrants who can make the biggest contribution to our economy. By raising the minimum skills threshold and the English-language requirements, we have ensured that only migrants who are highly skilled or who have skills that are in short supply can come to the UK to work and settle.

[Karen Bradley]

Of course, immigration is not just about those coming but about those leaving the country.

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[Karen Bradley]

I apologise; I meant migration. Will the Minister tell the House what the Government are doing to break the link between coming here temporarily and settling here permanently?

[Damian Green]

One of the many failures of the previous Government was that they made settlement an automatic consequence of five years’ residence in the UK. Settlement in the UK is a privilege, not a right, and unrestricted settlement rights are not in the UK’s best interests. The changes we implemented in April will mean that, from April 2016, those wishing to settle here will have to earn a minimum salary of £35,000 or the appropriate rate for the job, whichever is higher. That is better for the long-term health of our immigration system.

[Mr Frank Field (Birkenhead) (Lab)]

Given that the Government have just released data showing that one in five unemployed households contain a member who has never had a job, is there not a case, while this recession lasts, for temporarily restricting movement generally from Europe, so that the Government’s welfare reforms can have a fair wind?

[Damian Green]

I have great admiration for the right hon. Gentleman’s work on immigration and welfare, but I do not think that closing off the European labour market would be appropriate in a recession, because it would presumably apply both ways, meaning that British workers looking for jobs in the rest of the EU would also be badly affected. He is quite right to suggest, however, that the problems of the British economy need to be solved at the same time as the severe problems in the eurozone.

[Fiona Mactaggart (Slough) (Lab)]

My impression is that the fact that companies have never reached the cap in the number of available work permits suggests that it is not the Government-imposed cap that has affected this. One consequence that I see is that companies are exporting the work that would have been done in the UK to other countries, or using intra-company transfers. What is the Minister doing to ensure that we keep work in Britain?

[Damian Green]

First, we are putting limits on intra-company transfers—limits that were never there under the previous Government. We have set a minimum salary threshold of £40,000 for those who stay for longer than one year and a minimum salary of £24,000 for those who stay for less than one year. The hon. Lady identifies a potential problem, in that people could use intra-company transfers to try to drive out British workers, but that is precisely why we have taken these effective measures—to stop that kind of abuse of the system.

[Mr Denis MacShane (Rotherham) (Lab)]

18. Is the Minister concerned that France now attracts 50% more visitors from India than we do and that Switzerland, which has joined Schengen, is also experiencing a disproportionate surge in business visitors and tourists as a result? Is it reasonable to impose a £78 visa charge? People have to travel hundreds of miles to visit Britain for any reason. We might be open for business, but we are jolly well closed to foreigners under this Government.

[Damian Green]

I have to say that that is complete nonsense. Our tourism industry is doing better than ever before. Somebody planning to fly here on holiday from India would have to pay £78 for a six-month visa, which would not be an even remotely significant part of the total cost of their holiday, so I have to say that the right hon. Gentleman has simply got it wrong.

[Jason McCartney (Colne Valley) (Con)]

3. What steps she is taking to tackle alcohol-related antisocial behaviour.

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[Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op)]

5. What recent assessment she has made of the effectiveness of UK border controls.

[The Minister for Immigration (Damian Green)]

Security of the border is our top priority. In February, the independent chief inspector published his report into border security checks last summer. We have accepted all the report’s recommendations, and we are implementing important changes to improve the effectiveness of UK border controls.

[Tom Greatrex]

I thank the Minister for that reply, but given that up until as recently as last week people are waiting up to three hours to come into the country through Heathrow, should not the Minister, instead of accepting whatever this week’s excuse is—whether it be the royal wedding, the snow, the rain, the wrong type of rain or the wrong type of wind—accept that it is his responsibility, and get on and sort the problem out before the Olympics?

[Damian Green]

I am happy to assure the hon. Gentleman that we have already introduced more staff at peak times and established mobile teams that can be moved around. Within a couple of weeks, a new control room will be operating at Heathrow, which will enable us to have better real-time information about what is happening in each of the terminals. We are already seeing considerable improvements. If the hon. Gentleman does not want to take that from me, he should take it from Colin Matthews, the chief executive of BAA, who said at the Home Affairs Select Committee last week:

“we can detect some improvement in the last week or so since that announcement was made.”

[Mr James Clappison (Hertsmere) (Con)]

Will the Government take a look at the case for restoring the discretion of immigration officers in countries of origin—a discretion that was undermined by the previous Government, who made it all too easy for the wrong people to enter the country?

[Damian Green]

Yes, I am happy to give my hon. Friend the assurance not only that we will do that, but that we already are doing it. We have instituted a pilot scheme for extended interviewing in some countries, showing significant positive results in ensuring that people cannot get on a plane to this country if they do not have the right to do so.

[Sajid Javid (Bromsgrove) (Con)]

6. If she will bring forward proposals to amend the immigration rules to prevent misuse of article 8 of the European convention on human rights.

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[Nicholas Soames (Mid Sussex) (Con)]

13. What recent reports she has received on the time taken to enter the UK through Heathrow airport; and if she will make a statement.

[The Minister for Immigration (Damian Green)]

I receive daily reports on queuing times at Heathrow. Our sampling of queues shows that the vast majority of European economic area passengers at Heathrow pass through immigration control quickly. However, queue lengths have on occasions reached unacceptable levels and we introduced a range of measures to combat this.

[Nicholas Soames]

May I welcome the steps that my hon. Friend has taken to improve this situation? However, does he agree that all other law enforcement agencies, including the police and the Revenue, use risk assessment in the normal planned course of their business? As security is such a major issue, will he assure this House that every available desk at Heathrow will be manned at busy times?

[Damian Green]

My right hon. Friend will know that we have introduced more staff, as well as the range of other measures that I mentioned in answer to an earlier question. BAA—and the airlines themselves, including the head of safety and security at Virgin Atlantic—has said that we have seen some improvement in the last few weeks. I am also able to assure my right hon. Friend and the House that more people are working there this week than last week, and that there will be more next week. As the summer gets busier and busier, there will be an increasing number of staff on the desks.

[Chris Bryant (Rhondda) (Lab)]

I thought that the whole point of hosting the Olympics was to try to increase the number of visitors to this country. Our anxiety is not just about the queues now, but about the queues when the Olympics are over. There is one thing that the Minister just does not seem to grasp, so let me ask him a very simple question, which a schoolchild could answer: if it takes 400 passengers 60 minutes to pass through 10 manned controls, how long would it take those passengers to pass through if the number of controls is cut by 20% to eight?

[Damian Green]

I can tell the hon. Gentleman about the Olympics, as he is, for once, right about that. I, too, am concerned about what happens after the games. That is why I announced last week that we are bringing forward the recruitment of the first wave of people who will be needed for terminal 2 when it reopens, so that they will be available after the Olympics. We will have extra people at the border not only up to and during the Olympics, but after the Olympics. I am happy to tell the hon. Gentleman that his concerns have been fully met.

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[Mr John Spellar (Warley) (Lab)]

22. What her policy is on appeals against refusals of applications for visas for short-term visits.

[The Minister for Immigration (Damian Green)]

Genuine visitors will always be welcome to visit the UK. Only the family visitor route currently offers a right of appeal. Subject to parliamentary approval, that will be removed by 2014.

[Mr Spellar]

That reply will be heard with very considerable concern and anger in many communities across the country. Families who are trying genuinely to have family reunions, weddings and so on are being held up. Does the Minister not recognise that the main problem is that the appeals process is jammed up because of the low level of decision making in the UK Border Agency and the stubborn refusal of managers to review that, saying that it will be sorted out in the appeals system? I have letters to that effect. Why does not the Minister address the issues and look after the community?

[Damian Green]

I am addressing precisely those issues. Clearly, the right hon. Gentleman missed the first part of the answer—genuine visitors will always be welcome to visit the UK. The current appeals process takes around eight months. Re-applying takes about 15 days, so it is quicker and easier for people to apply again. The current visit visa appeal system costs about £29 million a year to administer—money that could be much better spent on other parts of the immigration system.

[Stephen Hammond (Wimbledon) (Con)]

T1. If she will make a statement on her departmental responsibilities.

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[Sheila Gilmore (Edinburgh East) (Lab)]

T2. Given that the vast majority of international students leave the UK at the end of their courses, why do the Government insist on counting them when calculating net migration figures, which other countries do not do, to the detriment of institutions such as Edinburgh university in my constituency that are competing with other countries for those students?

[The Minister for Immigration (Damian Green)]

First, I assure the hon. Lady that there is not a limit on the number of students coming in. The reason we include them in the immigration system is simply that the UN definition of an immigrant is someone who comes to a country with the intention of staying there for more than a year, so any student who comes to stay for more than a year, according to the UN definition, is an immigrant.

[Jackie Doyle-Price (Thurrock) (Con)]

T5. Of course, controlling immigration does not happen only at our borders; it also involves ensuring that migrants abide by their obligations under immigration rules. With that in mind, what more is being done to tackle the problem of persistent over-stayers?

[Damian Green]

We have taken action against employers, in particular, as the main reason for people over-staying is in order to work illegally. Last summer we had a big effort against over-staying illegal workers. I am happy to report to my hon. Friend that that is working. The last quarter of 2011 showed an increase in enforced removals and voluntary departures of those who should not be here, on both the previous quarter and the last quarter of 2010, so the effective and tough measures we are taking are now visibly working.

[Jack Dromey (Birmingham, Erdington) (Lab)]

T7. A 20% cut will see 1,200 police officers go in the west midlands. A further 20% cut in the next comprehensive spending review would mean, in the view of the police service, the end of community policing. Has the Home Secretary told the Chancellor of the Exchequer that, and can she rule it out?

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[Mr Peter Bone (Wellingborough) (Con)]

The Home Secretary can be proud of the fact that adult victims of human trafficking are being looked after better than ever before, but there remains the scandal that some child victims of human trafficking, instead of being put into special safe homes, are returned to local authority care only to be re-trafficked time and again. That scandal needs to be ended; what can be done?

[Damian Green]

I agree with my hon. Friend, who does a lot of essential work with the all-party group on human trafficking, that re-trafficking is an important issue. However, those who have expertise in looking after children are, by and large, in local authorities, so that is a natural place for children to be put where they can be kept safely. Where there is the problem of re-trafficking, clearly it is for the Government and for local authorities to look at ways of better protecting children from the traffickers.

[Heidi Alexander (Lewisham East) (Lab)]

In December, the Home Secretary announced a national review of stop and search as used by the police. What progress is being made with that review and when will the report be published?

Migrant Tuberculosis Screening

Damian Green Excerpts

Monday 21st May 2012 Written Statements

[The Minister for Immigration (Damian Green)]

I wish to inform the House of the outcome of a review that has been conducted by the UK Border Agency with support from the Department of Health and the Health Protection Agency (HPA) of our arrangements for screening migrants from high incidence countries for active pulmonary tuberculosis (TB), and of our intention to make changes to longstanding policy in this area both to better protect UK public health and use public resources more effectively.

TB is a global public health issue. While TB rates in this country are stable, HPA data indicate higher rates of infection concentrated in particular metropolitan areas, and overall the UK’s TB rate compares unfavourably with other developed nations. Much of the UK’s TB burden is attributable to international migration. Around three quarters of TB cases in the UK occur in those born outside of the UK, and screening of migrants from high incidence countries for active TB forms part of the range of measures to prevent and control TB in the UK. The existing policy is that people subject to immigration control arriving in the United Kingdom from high incidence TB countries and intending to stay for over six months are screened at Heathrow and Gatwick airports for the active disease. This screening entails an examination of arriving passengers through the use of X-rays.

The Government have decided that this policy should now be changed on medical and financial grounds. The weight of medical opinion is that screening for TB in this manner can no longer be considered to make any real contribution to the detection and management of the disease. X-rays alone cannot provide a definite diagnosis, which requires laboratory testing that cannot be performed in the airport environment. Current screening arrangements at our airports detect very few active cases. Changes in the travel industry over the past few decades now means that an increased number of people arrive at other UK ports where screening facilities are not available.

The UK Border Agency has been piloting the pre-migration screening of persons applying for long-term visas and entry clearance from high incidence TB countries on a model routinely employed by the USA, Australia and Canada. Screening overseas in advance of the visa application process enables the use of laboratory tests where X-rays or clinical judgment suggests the possible presence of TB. It also increases the possibility of detecting and intercepting drug and multi-drug resistant forms of the disease. Where individuals are found to have active pulmonary TB, they must successfully undergo treatment before their application to come to the UK can be considered. This approach is already sanctioned by existing powers in the immigration rules. The experience of our international partners is that pre-migration screening can assist in reducing the rate of imported infection.

The current UK pre-migration TB screening programme covers 15 countries considered high incidence for TB by the World Health Organisation, and has demonstrated clear potential to detect active TB and achieve savings for the NHS. We therefore intend to expand this programme to those visa applicants applying to stay in the UK for longer than six months from the over 80 countries with a high incidence of TB, beginning the roll-out this summer (list attached). On-entry X-ray checks at Heathrow and Gatwick airports will be phased out.

The complex nature of the disease means that TB screening of migrants as part of immigration clearance can only make a limited contribution to TB control in the UK. One third of the world’s population is estimated to have latent TB. A minority will develop the disease in its active form at some point in their lives, but it is currently impossible to establish through screening if this is likely to occur in any individual case. Most foreign-born TB patients only develop the disease in its active form years after arrival in the UK. We will therefore explore ways to improve the sharing of information between the UK Border Agency and the HPA about individuals coming to live in the UK for more than six months from high incidence countries. This will complement the systems that are already in place at a local level for connecting individuals with healthcare services.

Tuberculosis high incidence countries:

Afghanistan

Angola

Bhutan

Bolivia

Botswana

Burma

Burundi

Cameroon

Cape Verde

Central African Rep

Chad

China

China, Hong Kong SAR

China, Macau

Congo

Congo Dem Rep Zaire

Djibouti

Ecuador

Equatorial Guinea

Ethiopia

Gabon

Gambia

Guinea

Guinea-Bissau

Guyana

Haiti

India

Indonesia

Kazakhstan

Kiribati

Korea Dem People

Korea Rep of

Kyrgyzstan

Lesotho

Liberia

Madagascar

Malawi

Malaysia

Mali

Mauritania

Micronesia

Moldova

Mongolia

Morocco

Mozambique

Namibia

Nepal

Nigeria

Papua New Guinea

Peru

Philippines

Russian Fed

Rwanda

Sao Tome & Prince

Senegal

Sierra Leone

Solomon Islands

South Africa

Suriname

Swaziland

Tajikistan

Timorleste

Tuvalu

Uganda

Ukraine

Uzbekistan

Vietnam

Zambia

Zimbabwe

Countries currently coveted by pre-screening pilot:

Bangladesh, Burkina Faso, Cambodia, Côte d’Ivoire, Eritrea, Ghana, Kenya, Laos, Niger, Pakistan, Somalia, Sudan, Tanzania, Thailand, Togo.

Immigration Queues (UK Airports)

Damian Green Excerpts

Monday 30th April 2012 Commons Chamber

[Keith Vaz (Leicester East) (Lab)]

(Urgent Question): I think that that is most fair. Thank you, Mr Speaker, for granting the urgent question.

To ask the Minister for Immigration if he will make a statement on the immigration delays at UK airports.

[The Minister for Immigration (Damian Green)]

The Government’s priority is the security of the UK border. The right checks need to be carried out to control immigration, protect against terrorism and tackle crime. We maintain thorough border checks. Despite those robust checks, the vast majority of passengers pass through immigration control quickly.

Let me give the House the actual figures. Between January and March, the average waiting times across the UK were six minutes for UK and EU passengers, and 25 minutes for non-EU passengers. The latest internal management information shows that, in the first two weeks of April, 99% of UK and EU passengers queued for less than 25 minutes and 96% of non-EU passengers queued for less than 45 minutes.

At Heathrow, the information shows that those target times were met every day throughout that period for UK and EU passengers, and on 11 out of 15 days for non-EU passengers. Over the weekend, there were some breaches of acceptable waiting times at Heathrow. That was caused mainly by the severe weather, leading to flight diversions and changing flight schedules, and the bunching of arrivals.

However, I stress to the House that our information shows that queuing times bore no resemblance to some of the wilder suggestions. Border Force data show that the longest queuing time for immigration control was one and a half hours on Friday night at terminal 5 for non-EU nationals, and times for UK and EU nationals were significantly lower.

These times are too long. Passengers demand an efficient service and the British public demand tough border controls. We need both. That is why we are establishing a new central control room for the UK Border Force at Heathrow; why we are putting in place mobile teams that can be deployed rapidly across the airport to deal with pressures; and why within weeks we will be implementing new rostering and shift patterns, which will provide additional flexibility, so staff can be deployed individually to meet unexpected surges in passenger flows. We are also working with airport operators and airlines to ensure they provide more accurate passenger manifests and flight schedules to help the UK Border Force to deploy staff at the right time, in the right place, to meet demand.

On top of those permanent improvements, as passenger numbers increase in the run-up to the Olympics, the UK Border Force will increase its staffing at ports and airports. The important factor is to have staff flexibly deployed in the right numbers, at the right times. That is what we are doing. The UK Border Force will ensure that all immigration desks at Heathrow and other key ports and airports in the south-east are fully staffed during peak periods over the summer. A contingency force of appropriately trained staff will be sent to the border to provide extra help to ensure passengers are processed as quickly as possible.

Border security is Britain’s first line of defence—it must not and will not be compromised—but our border force is also the first impression presented to overseas visitors and those returning home. Therefore, while we maintain the right levels of security checks, we will always seek to improve performance. That is what I—and UK Border Force—are focused on doing. This country needs a secure and efficient border, and this Government will deliver it.

[Keith Vaz]

I thank the Minister for his response and for acknowledging that there have been delays at Heathrow airport. As he knows, there is considerable concern about the length of waiting times in immigration halls at our airports at peak times. Of course, we must ensure that proper security checks are carried out—we do not want a repetition of the case of Sheikh Raed Salah, who was banned by the Home Secretary but able to enter Heathrow airport—but the queues have sometimes been in excess of two hours and they are and have been a serious embarrassment.

The Home Secretary made a decision in the aftermath of the Brodie Clark saga to suspend all risk-based checks. Given that, why are border desks not fully staffed at peak periods and why are electronic gates, including iris scanners, so often broken? The Home Secretary has appointed Brian Moore as the temporary seconded head of the UK Border Force, and his post has been advertised. How many times has Mr Moore visited terminal 5 at peak times?

Will the Minister confirm reports that BAA has been asked to refrain from handing out leaflets to passengers that apologise for the very long delays and advise them how to complain about them? Does he accept that hundreds of people in the arrival hall after 12-hour flights will be extremely frustrated and angry at having to queue for two hours at unattended border desks and at using—or trying to use—broken iris scanners? Does that situation not pose a public order risk?

As the Minister knows, over the weekend, the British Air Transport Association, border staff and BAA have all called for urgent action. I acknowledge what he has said today about what he intends to do, but it is important for him to hold a meeting with all those affected—all the stakeholders—and if necessary to hold it at Heathrow airport.

The UK Border Force is re-hiring former border officers to help with the Olympics. However, excessive delays in our immigration halls are not only an Olympic issue; they affect travellers today. What further action does the Minister propose to take to ensure that the reputation of Heathrow as a world-class airport and a premier international tourist destination is not damaged?

In my view, the Minister has a choice. He either hires more staff or looks again at the risk-based policy, which the Home Secretary has said she is open-minded about. The third option, which is to do nothing, is simply not acceptable.

[Damian Green]

I am grateful to the right hon. Gentleman for his question. I hope I reassured him in my opening response that doing nothing is precisely what we are not doing. We are doing quite a lot, as I will detail a little more in a moment.

The right hon. Gentleman asked some specific questions. In the few weeks he has been in charge of Border Force, Brian Moore has visited Heathrow twice, including over Easter—one of the peak busiest times of the year—to see precisely how Border Force coped over that difficult and challenging period. The answer was that, despite the predictions we had that Easter would mean gridlock at Heathrow, actually it did not. Heathrow coped well over Easter.

The right hon. Gentleman also asked about e-gates and iris recognition immigration system gates. The IRIS gates commissioned by the previous Government are being phased out because they have come to the end of their technological life. They are less reliable than the e-gates that we are replacing them with and which provide a much better passenger experience.

The right hon. Gentleman asked about risk-based controls. As he knows, I have said—as has the Home Secretary in front of the Home Affairs Committee—that the principle of risk-based controls is a sound one to explore, but he will know that, as the John Vine report showed, what we had, when we thought we had risk-based controls, actually were not risk-based controls. Information had been withheld from successive Ministers over the previous five years.

The right hon. Gentleman asked, quite reasonably, what we have done. I have mentioned some of the actions we have already taken. We have rebalanced staff across Heathrow’s terminals; we are opening the new control room to allow us to monitor and deal with demand across the airports, so Border Force staff will not be stuck in terminals, as they used to be; we have completed our recruitment to mobile teams that can deal with unexpected surges; and we are encouraging all eligible passengers to use the e-passport gates, and are now getting close to 50% of those eligible to use them doing so, which significantly improves the flow-through, particularly for UK citizens.

We have, as a result, freed up more experienced staff from those e-passport gates to man the non-EU desks and to help reduce queues there. We are cross-training more and more of our staff so that they can work flexibly across all areas of border control. So very significant steps have been taken in the past few months to make the airports work more efficiently, and I am sure that passengers and the House will see the effects of that in the coming months.

[Mr Christopher Chope (Christchurch) (Con)]

I am grateful to my hon. Friend for his comments, but is there any way to give greater priority to British passport holders when there are very long queues?

[Damian Green]

British and—I suspect my hon. Friend might not wish to hear this—other EU citizens have priority. We do fewer checks on them, for obvious reasons. Our service level agreement is that 95% of them should go through in fewer than 25 minutes, as opposed to 95% in fewer than 45 minutes for non-British and non-EU passengers. We try to make the welcome back to this country for British tourists or business people travelling abroad as good as possible.

[Mr Speaker]

I call Yvette Cooper.

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[Chris Bryant]

Thank you, Mr Speaker.

I have to say to the Minister that his was a ludicrously complacent answer. Surely it cannot be beyond the wit of man, especially with increased technology, to do two things at the same time: secure the borders and have reasonably swift queues. The problems at Heathrow and Gatwick have given a shocking impression of a Government who are out of control, just when Britain is facing a special security challenge in advance of the Olympics and when the British tourism industry is keen to make as good an impression as possible. I gather that No. 10 is now blaming it on the weather.

The figures that the Minister gave are not the full story. Even before last week, between 1 April and 15 April, Border Force missed its waiting targets for non-European economic area nationals on 13 out of 15 days, and even for people returning home to their own country, it missed them on four days. There was not a single day in that two-week period when it met all its targets.

It might be understandable if long queues meant better security, but no airport in the world is designed to kettle thousands of passengers for hours prior to passing through immigration, which is why it is vital that the Government provide enough resources to Border Force.

Sir John Vine expressly recommended that a clear understanding of what constitutes health and safety grounds for suspension should be agreed. Has that happened? Have there been any such suspensions in the last month? I ask the Minister that because I have been contacted by one passenger who says that on arrival on a Kenya Airways flight from Nairobi to terminal 4, his passport was not swiped at all. How many UK or other European nationals have had to wait more than the target of 25 minutes?

Will most people not be perplexed by the Government’s priorities? They have already cut 500 border staff—they are going to cut another 1,000—while at the same time they are spending £2.5 million on new uniforms. How can that possibly be the right set of priorities? Numbers at Heathrow are set to rise, not only for the Olympics and Paralympics, but year on year into the future, yet Border Force is running at 100% capacity, with no room for the unexpected—and clearly the Government are running way past their capacity. Is it not time that the Government shouldered their responsibility and gave Border Force the resources it truly needs to do the job properly?

[Damian Green]

Up to that point, we had heard the right hon. Member for Leicester East (Keith Vaz), the Chairman of the Home Affairs Committee, make a thoughtful contribution to what is a serious debate. Sadly, the shadow Minister for Immigration has let the side down, with a rant that had no purpose whatever. He also clearly wrote it before he had heard my statement, which addressed the measures we are taking in some detail. The only solution he has—this is instructive, as a glimpse into Labour’s approach to everything—is to spend more taxpayers’ money; and this from a member of the Government who left this country bankrupt, because of their profligate spending over 13 years.

In the midst of that rant, the hon. Gentleman raised one or two issues, so let me deal with them. First, he talked about the uniforms and implied that it was a terrible waste of money to buy new uniforms. I have to tell him that the current Border Force uniform was bought by the previous Government and was designed to last only three years, so it is now out of date and has to be replaced anyway. That money would therefore have to be spent under any circumstances.

The hon. Gentleman also asked about what was happening at the border. However, I am afraid that he is relying on unreliable reports. The monitoring for this period shows that in the first two weeks of April, we met all our targets for EU passengers, meeting targets for non-EU passengers on 11 days out of 15. Of course I would prefer to meet our targets for non-EU passengers on 15 days out of 15, but he is relying on information that does not accord with the official figures given by Border Force.

I am afraid that the hon. Gentleman has no particular answers to give. Indeed, what is quite surprising about everything he said was—[Interruption.] He should agree with this statement, which was made last November:

“We seemed to have a consensus from Labour ministers and I thought from…Tory ministers as well that with every year that went by, you should be strengthening the checks at the borders, adding better technology and that kind of thing”.

That was said by the shadow Home Secretary. The hon. Gentleman is now saying that we should make fewer checks. I suggest that he and she get their act together.

[Bob Stewart (Beckenham) (Con)]

May I ask my hon. Friend to ensure that the hard-pressed border officers, who in times of pressure are told to get a move on, are still able to put their top priority—the safety and security of our country—first?

[Damian Green]

My hon. Friend is exactly right that, beneath this debate, we all need to remember—I can absolutely assure him that every member of Border Force securing our border knows this—that our first priority must be the security of our border. That is what had been compromised, we discovered, over many years, because when the queues rose at airports, people were ordered to reduce the checks. The big change that has happened in the past few months is that we now conduct proper checks at every airport, all the time, which is significantly improving the security of every citizen of this country.

[Mrs Louise Ellman (Liverpool, Riverside) (Lab/Co-op)]

What representations have been made by the Transport Secretary to ensure that Home Office services enable our airports to operate efficiently and safely?

[Damian Green]

The Secretary of State for Transport—who is here, as is the Minister of State, Department for Transport, my right hon. Friend the Member for Chipping Barnet (Mrs Villiers)—the Home Secretary and I meet regularly and we all agree on this matter. Although the hon. Member for Rhondda (Chris Bryant) does not seem to agree with his boss, I agree with mine, and we all agree on the need for proper checks and efficiently flowing airports. That is obviously a priority for the Department for Transport as well. It is a dual priority for every Government, and certainly for this one. I can only re-emphasise that we will not compromise border security in any circumstances.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Minister tell the House whether equipment failures have been the source of any delays, and whether the contingency arrangements relating to equipment failure have been reviewed? If the problem is the result of the sheer volume of passengers, would he consider introducing genuine risk-based passenger assessment, which would have the potential to speed up the passage of people through airports and to improve security?

[Damian Green]

There have been one or two specific incidents in which either equipment failure or wider technical failure has contributed to problems. For example, there was a problem at Birmingham airport that was caused by a power surge that knocked out all the electrical equipment across the airport for a time. Accidents such as that will happen. On my right hon. Friend’s point about ever-rising numbers, which might well happen, this is a question of being able to deploy staff flexibly enough so that, when we know that more people are coming in, we can have more staff at the right gates and encourage as many people as possible to use the technology at the e-gates, which enables more people to go through more smoothly. That is the focus of what we are trying to do.

[Mr Jack Straw (Blackburn) (Lab)]

While no one doubts the Minister’s good intentions, does he not understand that quoting averages at passengers who have been waiting for two or three hours in very difficult conditions only makes Britain’s reputation worse, rather than better? Does he also understand that, among many senior business people—in Turkey, for example, but elsewhere as well—there is a high level of frustration at being put through an unnecessary number of hoops to get a visa in the first place, when they have been coming to this country quite safely for years, then at having to face an insulting environment when they get to Heathrow or Gatwick?

[Damian Green]

I make no apology for the fact that our visa checks are more thorough and more secure than they were when the right hon. Gentleman was Home Secretary in the previous Government. His other point is simply wrong. If he had listened to what I said, he would have heard me quite deliberately quoting the longest queuing times. I am not trying to hide behind averages. I said that the longest queuing time was one and a half hours, and that that was unacceptable and we would seek to do better. I should also say that the use of average times was not invented by this Government; the previous Government did it as well.

[Glyn Davies (Montgomeryshire) (Con)]

My hon. Friend the Minister will know that everyone in the House—except perhaps those on the Opposition Front Bench—welcomes the steps that he is taking to improve efficiency in airports in order to move people through. Does he accept, however, that the absolute priority of the Government and the UK Border Force has to be national security?

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[Damian Green]

That is right, and it cannot be emphasised often enough. Of course people feel frustrated when they are in a queue. We all feel that, but we would all feel much worse if we thought that our country was not being made as safe as possible. The borders are a significant line of defence against people who want to commit criminal acts, as well as those who want to commit acts of terrorism, and I am absolutely determined that we will not compromise our security in any way.

[John McDonnell (Hayes and Harlington) (Lab)]

Will the Minister join me in paying tribute to the staff of the UK Border Agency, who have been working incredibly hard and flexibly over the past few months and, indeed, years? There are real concerns on the front line about the lack of staff numbers, and real worries about what will happen during the Olympics. We must not score an own goal in that regard. Will he take up the suggestion of my right hon. Friend the Member for Leicester East (Keith Vaz) that he visit Heathrow and meet the front-line staff, the trade unions and other stakeholders to explore their views on what could be done to improve matters?

[Damian Green]

The hon. Gentleman can be assured that I visit Heathrow regularly. I am happy to join him in paying tribute not just to the hard work of those who work as immigration officers and customs officers at our borders, but to the dedication they bring to the job. They are very serious about keeping the wrong people and the wrong things out of our country. As I say, I visit Heathrow extremely regularly and will be glad to go there in the coming weeks to see the new control room and the more flexible rostering that we are setting up and to see the better use we intend to make of those dedicated staff.

[Nigel Mills (Amber Valley) (Con)]

Does the Minister agree that airports themselves as well as Border Force can do more to improve this process and make sure that the right number of staff are available at the right times to deal with the expected flight volume?

[Damian Green]

I do. There are two significant areas where work could be done by our partners at airports. One is in the provision of information so that Border Force can respond as quickly as possible to any delays caused by wind or that sort of thing that makes planes occasionally bunch in their arrivals. The other is the physical layout of the airports, which is a role for airport operators. For example, people need to have clear lines of sight so that they can see the gates for as long as possible, and as much emphasis as possible should be given to reassuring passengers that they are going through a process smoothly, as often happens on the retailing side of airports.

[Nicholas Soames (Mid Sussex) (Con)]

May I welcome the efforts that the Minister is making and join in the tributes to the important and hard work of the border staff? Does my hon. Friend agree that these delays, which he has explained this afternoon, are not limited to Heathrow, as they apply to Gatwick and Stansted? While I know he agrees—and has made the point—that the delays harm Britain’s reputation, does he also agree that British business men who have to go in and out of the country all the time as they engage in the hard work of the export industry are extremely irritated by the way in which they are regularly kept in unacceptably long queues? I know that my hon. Friend will do his best to get this matter resolved, but will he acknowledge the fact that these queue problems really need to be resolved quickly?

[Mr Speaker]

Order. It is always a great pleasure to hear the right hon. Member for Mid Sussex (Nicholas Soames). Erroneously, however, I called two Government Members in succession, so I will subsequently call two Opposition Members in succession to redress the balance. [Interruption.] It is certainly not the fault of the right hon. Member, to whose dulcet tones I feel sure we listened with considerable enthusiasm.

[Damian Green]

If the rules can be relaxed for anyone, Mr Speaker, they should be relaxed for my right hon. Friend. I take the importance of what he says. It is of course annoying not just for British business men coming back, but for foreign business people who also want as smooth a procedure as possible. That is why we worked so hard to introduce the e-passport gates. With every year that passes, 10% more British people get a new modern passport that enables them to use those gates, which can often provide a considerable improvement in itself. This debate is bedevilled by anecdote, with everyone having an individual story to tell, either good or bad. My own is that I came through Heathrow last Thursday and used the e-gates. I am happy to say that from arriving in the immigration hall to leaving took precisely four minutes.

[Kate Hoey (Vauxhall) (Lab)]

Does the Minister understand that British subjects and British passport holders are not really interested in targets, but in getting back into their own country as quickly as possible? Will he now answer the question asked by one of his hon. Friends? Why can we not simply say to the European Union that we are going to give priority to our British passport holders, who are going to have a separate queuing lane so that they can join it and get in first? Surely that is what we should be doing as an independent country.

[Damian Green]

As the hon. Lady knows perfectly well, that would require significant changes to the law going way beyond immigration policy. I gently suggest to her that all her constituents who want to go on holiday to other countries in the European Union would feel slightly short-changed if they had to wait much longer because there was a separate lane there, too.

[Mr John Spellar (Warley) (Lab)]

Terminal 5 was a triumph of British construction whose reputation was seriously marred by inept management on its opening day. Now the country is spending billions on arrangements for the Olympics, brilliantly built and organised, and our international image is already being damaged by the queues being caused once again by the useless Border Agency management. Today the Minister’s main excuse seemed to be the weather at the weekend: the wrong sort of rain. When will he really get a grip?

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[Damian Green]

I am not conscious that the word “rain” has passed my lips. Perhaps the right hon. Gentleman would care to listen to what I am saying. Let me also gently point out to him that the management of terminal 5 has nothing to do with the UK Border Agency or Border Force, and that it was an entirely commercial operation at that time.

The right hon. Gentleman mentioned the Olympics. Of course we are aware that this summer will be much busier, which is why we will ensure that all immigration desks at Heathrow—terminal 5 and the other terminals—and at other key ports and airports in the south-east are fully staffed whenever necessary during peak arrival periods. We are working closely with the British Airports Authority and other airport operators to ensure that the supply of information to which I referred earlier is better than ever during that period, so that we can provide the best possible experience at our airports at a time when the eyes of the world will indeed be upon us.

[Alok Sharma (Reading West) (Con)]

We all want passengers to pass efficiently through passport control and immigration, but can the Minister confirm that what we will never see repeated is what happened on occasion during Labour’s watch in 2004, when all passport gates at Heathrow terminal 3 were left open and no checks were made at all?

[Damian Green]

I can only agree with my hon. Friend. That was indeed shocking. The whole point of the reforms that we have instituted since the John Vine report is to avoid the sort of crisis in which the first reaction is often to say “We will just let everyone through to avoid queues”, because that creates a much less secure border.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

When passengers arrive at airports and experience problems, they think that they should complain to the airports. We recently tried to amend the Civil Aviation Bill to require the Civil Aviation Authority to publish annual figures for delays at immigration desks, but we were effectively rebuffed by the Minister of State, Department for Transport, the right hon. Member for Chipping Barnet (Mrs Villiers). Will the Minister assure the House that those who wish to complain will know how to complain and who to complain to, and that his Department will publish those annual figures?

[Damian Green]

I am happy to report to the hon. Gentleman, who I know has transport expertise, that I too have asked the question about the ability to complain, and that Border Force is now very alive to the fact that it needs to advertise the complaints procedure and make forms available at terminals. It is aware of its responsibilities in that regard.

[Richard Harrington (Watford) (Con)]

I am sure the Minister is aware that Hilton Hotels runs its entire worldwide operation from Watford, where it is a very large employer in my constituency and brings many, many tourists into the country. It is not concerned about the short-term matters that have been discussed by many people who have tried to take political advantage of the situation, both inside and outside the House. It is concerned about the need for the Government to make long-term arrangements to ensure that tourists arriving in this country from all over the world benefit from a world-class operation that ensures security for the country, and also makes it clear that it is as good as any other country in the world at putting people through immigration.

[Damian Green]

First, I must confess to my hon. Friend that I did not know that Hilton Hotels was based in Watford. I am ashamed of my lack of knowledge of a fact with which I have now managed to catch up.

[Chris Bryant]

Even I knew that.

[Damian Green]

The shadow Immigration Minister says that even he knew that, which makes me feel doubly ashamed.

My hon. Friend has made a very good point. It is not just for this summer and the Olympics that we need an improvement, although the summer will clearly be a hugely important time for our airports and the British tourism industry generally. What we need is a permanent improvement, which is why I hope that my hon. Friend has been reassured by the many changes that I announced in response to the original question. It is important not just to do something for the summer, but to change the way in which our Border Force operates and the way in which our airport operators and airlines go about their business, to ensure that there is a permanent improvement for all who travel into and out of the country.

[Fiona Mactaggart (Slough) (Lab)]

As the Minister knows, my constituency is close to Heathrow. He may not know, however, that more headquarters of European multinational companies are located in it than in Scotland, Wales and Northern Ireland combined. In recent meetings with different representatives of those companies, the first question I am asked is, “Why are the queues so long and what are you going to do about it? We may move our investment elsewhere.” The Minister will be aware of Brodie Clark’s article in The Times on 23 April, in which he said that targeting in border checks led to a 10% increase in detections and seizures. Why is the Minister not using a targeted system, as that saves money and works better?

[Damian Green]

The problem with the figures Brodie Clark quoted—and which I am sure I quoted in the past—is that they came out of the pilot that we now know was tainted by the fact that, unknown to anyone else, Border Force was relaxing the controls in an unauthorised way. We will need to think about that again, when, and if, we get to that point. I have said that, in principle, risk-based controls are an option any Government should consider, but I hope the hon. Lady will be reassured by the fact that that pilot was ended because it was tainted, and since then we have taken, and are taking, a number of practical measures to ensure that the many important businesses in her constituency can do their job efficiently.

[Several hon. Members]

rose—

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[Mr Stewart Jackson (Peterborough) (Con)]

Given the news that next year Hungary will issue Hungarian passports to ethnic Hungarians who do not live in the European Union, I am somewhat surprised by the Minister’s rather nonchalant response to the hon. Member for Vauxhall (Kate Hoey). Why in this particular situation is it impossible for a sovereign nation to disaggregate in respect of its treatment between its own citizens and European Union citizens, and why are we not doing more, for instance on criminal records checks of EU citizens at our ports of entry?

[Damian Green]

Criminal records checks depend on the quality of information we get from the sending country, and that will differ between different European countries. I am conscious of my hon. Friend’s attitude to the EU, but as we are talking about the immigration laws under the current laws of this country, I think we have said enough on that particular topic for this afternoon.

[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

The queues at Heathrow are unacceptable, but there are also reports of long queues at Gatwick and the channel tunnel. Three weeks ago, I came into Gatwick at about half-past midnight and had to wait for more than half an hour to enter the country. I witnessed families with young children who were struggling badly with the delay. What inquiries has the Minister made into queues faced by travellers outside the capital?

[Damian Green]

As I have already explained, the service level agreement is that 95% of UK and EU passengers should be processed within 25 minutes and non-EU passengers should be processed within 45 minutes. Those are the targets Border Force has been set. Without knowing the details of the individuals to whom the hon. Lady refers, I cannot say whether or not they were processed in accordance with service standards. The point she makes about Calais and Coquelles is particularly ill-advised in that we have been told that, along with Easter, the February half-term is one of the busiest weeks at Calais and Coquelles because of schools coming back from half-term trips, and we prepared and planned, and there were no problems over that busy weekend.

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

What steps is my hon. Friend taking to prepare our borders for next week’s planned strike, and does he detect, as I do, a whiff of political opportunism in the timing of this urgent question?

[Damian Green]

On my hon. Friend’s second point, I think that that is taken as read. On the strike set for next week, I simply say that, as on previous strike days, we will make contingency arrangements to ensure our borders are open and Britain is open for business, and if any members of the immigration service are planning to go on strike, I urge them to think again. It will do them no good, and it may do some damage to this country. I very much hope this strike does not take place.

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

This morning, the Prime Minister’s spokesman sought to blame the bad weather for the meltdown at Heathrow last week, but bad weather cannot be blamed for machines that are not working properly, or—worse—a lack of adequate staff training. What is the Minister going to do to make sure, in particular in advance of the Olympics, not only that all the machines will work, but that all relevant staff will know how to use them?

[Damian Green]

As I have already explained, we are ensuring that more staff will be available at peak times during the Olympics. We are proceeding on the assumption that every flight landing at Heathrow for a seven-week period will be 100% full. That assumption is likely to be wrong, but it seems a prudent assumption to make. We are making all our plans about technology and people with regard to that overall plan. I hope that that will reassure the hon. Lady that we are fully aware of the importance of the Olympics period for this country’s reputation and we are doing absolutely everything that we can to make sure that our reputation is preserved.

[Karen Bradley (Staffordshire Moorlands) (Con)]

Can the Minister tell the House what steps he is taking to ensure that the most up-to-date working practices are used by the UK Border Force to ensure that the supply of labour meets demand, particularly at peak times?

[Damian Green]

My hon. Friend hits on exactly the right point. The deployment of staff in a flexible and efficient way, particularly around Heathrow, makes all the difference. That is why we have now set up the central control room, which will enable us to see minute by minute where queues may be building up and where the mobile teams that we have set up in the past few months can best be deployed. In that way, we will get the best possible value out of our many hard-working members of staff.

[Kelvin Hopkins (Luton North) (Lab)]

London Luton airport is seeking to expand and make a greater contribution to south-east airports’ capacity. However, the airport operator, Luton borough council and the staff themselves have serious concerns about undercapacity at immigration control and long queues. Will the Minister give specific attention to Luton airport?

[Damian Green]

Absolutely. We all want better airport capacity in the south-east of England, and I am sure that Luton airport will play an important role in that. One of the jobs of the UK Border Force is to make sure that people get through all airports as fast as possible. I know that e-gates were introduced at Luton airport relatively early, so that we can get the benefits of the technology. We will continue to treat Luton airport very seriously.

[Mr David Nuttall (Bury North) (Con)]

Does my hon. Friend agree that having secure borders is always more important than having short queues?

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[Damian Green]

I hope that my hon. Friend has been reassured by my repeated assurance that absolutely the first priority of this Government and any responsible Government is the security of our border. That will not be compromised in any way.

[Mr Denis MacShane (Rotherham) (Lab)]

We want secure borders and decent queues. When we turn left on to a long haul plane, it is usually a nice experience. When we turn left at Heathrow terminal 5 or Gatwick, leaving the American, Canadian, Indian or Turkish passenger whom we have been chatting with, to struggle through those queues, it is a very unpleasant welcome.

I welcome what the Minister has said; it is a good idea to have squads who can run around filling in the holes. But every time I have come back to Britain recently—and I come back a lot—it is embarrassing that there are so many empty control points. I really hope that hon. Members—

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. Hon. Members should be asking short questions, not making speeches. [Interruption.] Mr MacShane, you can throw yourself back on the Bench as much as you want, but it is not going to impress me. I brought you on early to get you in, and I am sorry that you are disgruntled.

[Damian Green]

The right hon. Gentleman cannot come back often enough for some of us in the House. I take his point, but the whole purpose of having flexible rostering and flexible use of staff is that when large numbers of people are arriving, more gates will be open. It is not rocket science; that is a sensible way to run an airport.

[Kris Hopkins (Keighley) (Con)]

The British public have not forgiven the previous Labour Government for their reckless open-door immigration policy, which reached the point where they could not put a number on how many people had come into the country. Will the Minister reassure us that we will give our officers as much time as they require to check who is legally allowed to enter the country?

[Damian Green]

Yes, and not only will we give them the time required, but we will allow them to use, on all occasions, the relevant technology. That was the problem before: when queues started building up, the technology was simply turned off. The investment made, in large part by the previous Government, in getting these electronic systems to make our border secure was not being allowed to do its job. We are determined not to repeat that mistake.

[Kevin Brennan (Cardiff West) (Lab)]

I know that the Minister travels with ordinary people on planes all the time, separated only by a thin curtain, but, in the light of his statement, will he condemn the remarks the Mayor of London made today that this crisis at Heathrow is damaging the reputation of the country?

[Damian Green]

I say to the hon. Gentleman that he is not up to date with the new era of Government austerity and that Ministers travel steerage class these days. The Mayor of London is, of course, concerned about the reputation of London and the ability of its airports to cope, and I look forward to working with him after he is re-elected triumphantly on Thursday.

[Mrs Helen Grant (Maidstone and The Weald) (Con)]

Does the Minister agree that queues at Heathrow are not the sole responsibility of the UK Border Agency?

[Damian Green]

My hon. Friend is quite right. When people talk about their experience, they will obviously measure it from the moment the plane touches the tarmac. Their view will depend on how long it takes to find a stand; how long the walk is to the immigration hall; and how long it takes to collect their baggage at the end of it. Immigration control and the actions of the UK Border Force are some of the things that people have to go through, but clearly people have other experiences between getting off the plane and getting out of the airport. We must all work together to ensure that that goes as smoothly and efficiently as possible.

[Steve McCabe (Birmingham, Selly Oak) (Lab)]

This may not be popular, but I am not sure that the Minister has any need to apologise for queues that result from genuine border security operations. However, will he give a commitment to update the House at the earliest available opportunity if subsequent investigations reveal that any of these delays were in part due to staff shortages or bad management decisions at UKBA?

[Damian Green]

I believe that the hon. Gentleman is a member of the Select Committee on Home Affairs—

[Steve McCabe]

indicated assent.

[Damian Green]

Well, I will be appearing before the Committee in a couple of weeks’ time, so the hon. Gentleman will be able to ask me the question again then. Of course this will be a regular discussion to be had, because it is important, but I should remind him of what I said to my hon. Friend the Member for Maidstone and The Weald (Mrs Grant): the UK Border Force has part of the responsibility for ensuring that airports run smoothly, just as airport operators and airlines do, and we all need to work together to make the experience of going through Britain’s airports as smooth and efficient as possible.

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

The hon. Member for Bradford South (Mr Sutcliffe) and I attended a briefing held by BAA, which led to our Select Committee writing to the Secretary of State for Culture, Olympics, Media and Sport. I am pleased to say that he has responded and we have published the letter today, which suggests that greater co-operation is needed. Does the Minister agree that it is imperative that BAA takes its fair share of the responsibility to make sure that passengers get through the airport and that the UK Border Force and BAA do not drop the baton between them?

[Damian Green]

I am absolutely convinced that that is right. This is about not just BAA, but the airlines and Border Force. All of us need to work together, to share information and to share systems. As we do that, the experience will get better.

[Julie Hilling (Bolton West) (Lab)]

Despite the length of time that the Minister has been answering questions, I have still not heard him explain why there were 107 breaches of waiting times in the first 15 days of April, what caused them and what part staff cuts played in those delays.

[Damian Green]

I am sorry if the hon. Lady does not feel that she has been given enough information in the past 50 minutes or so, because I have tried to explain, repeatedly, that a range of things need to be improved at our airports to reduce these queues. To say that one reason accounts for all the delays that individual passengers may face is overly simplistic. That is not the way the world works and it is not the way airports work. What the Home Office, the Department for Transport, the airline operators and the airport operators agree is that a team effort is needed to make this better, and it is very important that we get it right.

[Robert Halfon (Harlow) (Con)]

Under the previous Government, the morale of the UK Border Force was in freefall. Will my hon. Friend tell the House what steps are being taken to improve rostering and shift patterns to improve the morale at Border Force as well as to improve the experience of passengers at airports and ports?

[Damian Green]

We are changing the rostering arrangements to ensure that we have the people who are needed at the right time and at the right place. I am sure that the many hugely conscientious and hugely keen members of Border Force will recognise that having them in the right place at the right time will enable them to do their very important job more effectively than ever before.

[Gavin Shuker (Luton South) (Lab/Co-op)]

Further to the question from my hon. Friend the Member for Luton North (Kelvin Hopkins), the Minister said that he intends to run Heathrow for seven weeks at 100% border capacity. What assurances will he give that regional airports and smaller London airports will not have staff taken away to bring about that goal?

[Damian Green]

As I have said—I am happy to repeat it—for the seven-week Olympic period, the UK Border Force will ensure that all immigration desks at Heathrow and key ports and airports in the south-east are staffed whenever necessary during peak arrival periods. I hope that will reassure him.

[Conor Burns (Bournemouth West) (Con)]

May I welcome the characteristic moderation and competence with which my hon. Friend has replied to this urgent question? Interruption.] His response has been much better than that of the hon. Member for Rhondda (Chris Bryant). My hon. Friend will be aware that it is not an unreasonable expectation of returning British citizens or foreign visitors that we should be able to combine both speed and competence. My hon. Friend the Member for Harlow (Robert Halfon) asked about shift working and the like. Will the Minister tell the House whether he has had any conversations with the trade unions about their likely support for those measures and others that are necessary?

--- Later in debate ---

[Damian Green]

As I said, new rosters are coming in at Heathrow in the coming weeks, which have been agreed with the work force. That is a significant step forward, because it will mean that they can be there when they need to be there to do the most effective job. I can only repeat what I have said before: the vast majority of the workers in Border Force are extremely knowledgeable about their job and know how important it is. They want to do it as effectively as possible and it is the job of the management of Border Force to enable them to do that.

[Jeremy Lefroy (Stafford) (Con)]

I happened to be in the immigration queue in Birmingham airport when the systems went down—the incident to which the Minister referred. I must thank members of the UK Border Force and staff at Birmingham airport who were on hand at the time to ensure that it was resolved as soon as possible. I noticed that there seemed to be a bit of confusion about what action should be taken when the systems go down. Will he reassure me that steps are in place so that, should that happen again, we will not have the kind of delays that could have happened?

[Damian Green]

One of the lessons we drew from the John Vine report was that there needed to be much clearer instructions about what to do in those very rare emergencies. That work is now advanced and is an extremely important part of the improvements that we will see.

[Gavin Barwell (Croydon Central) (Con)]

Given the combined challenge of securing the border, keeping unavoidable delays to a minimum and doing all that within a very constrained budget, does my hon. Friend agree that one of the things we most urgently need is a better working relationship between the UK Border Force and our airport operators?

[Damian Green]

Yes. We do work closely together, but we can always work more closely together. The Home Secretary, the senior management of Border Force and I are absolutely determined to set up systems that make it instinctive for Border Force, the airport operators and the airlines to work together, not only for the mutual benefit of all those organisations but, even more importantly, for the benefit of the hundreds of millions of passengers who use our airports every year.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

I call Mr Pincher.

[Christopher Pincher (Tamworth) (Con)]

Thank you, Mr Deputy Speaker, and thanks to my fans for that unsolicited testimonial.

I should like to recapitulate a sentiment that has already been expressed, certainly by Government Members: having a few queues occasionally may dent Britain’s reputation, but security lapses do infinitely more damage to our reputation, and that is what our constituents are most concerned about.

[Damian Green]

That may be an appropriate thought on which to end this session, because it is absolutely correct that the first priority has to be the security of our borders; that is the first priority of this Government.

EU Directive on Animal Experimentation

Damian Green Excerpts

Tuesday 27th March 2012 Westminster Hall

[The Minister for Immigration (Damian Green)]

I congratulate the hon. Member for Scunthorpe (Nic Dakin) on securing the debate and on his energetic chairmanship of the all-party group. I may not be able to give him as much detail as he might like because, as he will appreciate, I am standing in—no doubt inadequately—for the Minister for Equalities, my hon. Friend the Member for Hornsey and Wood Green (Lynne Featherstone), and because she and the Home Office more widely are still looking at the details of the transposition, but I will try to answer as many of his detailed questions as I can.

I assure the hon. Gentleman that the Government recognise that the regulation of animal experiments is of significant public interest. We are strongly committed to ensuring the best possible standards of animal welfare and protection for animals used for scientific purposes.

[Neil Parish (Tiverton and Honiton) (Con)]

My last report in the European Parliament, before I retired from it, took the directive through to First Reading. One of the problems in getting the agreement of 27 countries is that the regulations often have to be reduced in order to get them agreed by all member states. I would like to put it on record that I believe that we have some of the best research, done under the best welfare requirements in the world, and I do not want to see that watered down. In many cases I like to see the reduction of regulation, but on this occasion it is essential to keep our strong rules in place, because we are dealing with animal welfare and the quality of the science. I want that reassurance from the Government.

--- Later in debate ---

[Damian Green]

By the time I sit down, I hope that I will have provided my hon. Friend with that reassurance. He, too, deserves congratulations, on taking legislation to that stage in the European Parliament, which I suspect is more complex and difficult than anything we try to do in this Parliament.

The Government are strongly committed to ensuring the best possible standards of animal welfare. Current legislation, as was rightly acknowledged by the hon. Member for Scunthorpe, provides that high level of protection: work cannot be licensed if it could be carried out without using animals, and the procedures must cause the minimum possible suffering to the smallest number of animals of the lowest sensitivity. That approach reflects closely what the public want. At the same time, animal experimentation continues to be a vital tool in developing health care improvements and in protecting man and the environment. The potential health and economic benefits from new and innovative treatments are dependent on providing the right framework for the UK’s life sciences sector and university research base, which are vital national assets and critical to our long-term economic growth, so we are determined to provide the right framework.

The transposition of the new European directive for the protection of animals used for scientific purposes provides us with a valuable and timely opportunity to review our own legislation governing experiments on animals. As has been pointed out, many requirements of the directive are similar to current UK legislation and practice. For example, it places a strong emphasis on minimising the use of animals and the promotion of alternatives. Some requirements go further than current UK legislation, most notably the introduction of mandatory minimum standards of care and accommodation for animals. Other requirements are potentially less stringent; the directive does not, as UK legislation does, provide special protection for cats, dogs and horses. Article 2 of the directive allows us to retain current stricter UK provisions as long as they do not inhibit the free market. The directive thus provides us with an opportunity to confirm the best aspects of current UK regulation and to make improvements where we can do better.

During 2011 we held a public consultation on options for transposition. I have slightly different figures from the hon. Gentleman, so I hope they are accurate. More than 13,000 individuals and 100 organisations responded, which clearly confirms a very strong interest in the topic. We are currently completing our analysis of the responses and will announce our decisions shortly—I hope shortly enough to leave proper time for parliamentary scrutiny, which the hon. Gentleman reasonably mentioned.

The directive clearly offers some opportunities, such as helping the work that we are already doing to promote the development of alternatives. The programme for government includes commitments to end the testing of household products on animals, and to work to reduce the use of animals in scientific research. The new directive assists with those objectives by strengthening the protection of animals used in scientific procedures, and promoting the three R’s: the development, validation, acceptance and implementation of methods and strategies that “replace, reduce and refine” the scientific use of animals.

The directive will also allow us to remove unnecessary bureaucracy where it still exists, and to build on the significant improvements we have already made in our day-to-day implementation of current legislation. We are planning to focus on simplifying the details of personal licences, and making further improvements to the project licence application process and to the format of the project licence. The directive requires member states to inspect animal research laboratories and breeders, but the minimum frequency of inspection is less than we currently practise. Many of the responses to our consultation commented on the strengths of our current inspection system, and clearly that is an issue of great interest to the hon. Gentleman.

We are committed to maintaining a strong and properly resourced inspectorate, and a full, risk-based programme of inspections. The relationship between inspectors, licence holders and animal care staff is crucial to the effective implementation of the regulatory framework, and we will not jeopardise that relationship. The hon. Gentleman referred to the current move to centralise the operation of the administrative part of the legislation in London. That does not apply to inspectors. Indeed, it has been confirmed that inspectors will continue to be located close to those they inspect. I hope that that provides the hon. Gentleman with some reassurance.

We are aware of the concerns that have been expressed that transposition will lead to a lowering of welfare standards for laboratory animals in the UK. That is not our intention, and we are determined not to weaken UK standards, but that does not mean retaining stricter UK standards when there is no clear evidence that they translate into better welfare, nor does it mean that we must put everything into the legislation if we can achieve the right outcomes by encouraging good practice. What we are looking for is the right balance. We must ensure that we can maintain and further enhance our high standards, but at the same time we must avoid putting UK research at a competitive disadvantage compared with our counterparts in other member states. For the Government, both are objectives for the transposition of the new directive.

I shall give some specific examples of our approach to transposition. We intend to retain higher UK standards when there is strong and broadly-based support or good evidence for their retention. I mentioned some of those earlier, but it is important to put them on the record, not least to reassure the hon. Gentleman. One example is that we propose to continue to provide special protection for cats, dogs and horses, as well as non-human primates, and will allow their use only when no other species is suitable or available. That was widely supported in our public consultation.

I turn to the specific subject of great apes. We will continue to prohibit the use of great apes. There has been concern—the hon. Gentleman expressed it earlier— that the directive weakens the protection of those animals by providing a derogation allowing their use in exceptional circumstances. I can assure him and the House that we foresee no circumstances in which we would use that derogation, and we will put the ban in the legislation, as he asked. That is a full assurance such as he sought.

We propose to retain protection for foetal and embryonic forms of birds and reptiles during the last third of their development. That is not a requirement of the directive, but we received persuasive evidence from the public consultation of the welfare benefits of giving the same protection to those species as will be given to mammals during their development stages. I hope that that will also be welcome. We were persuaded that the burden of providing that additional protection is proportionate to the benefit. That is the test we are operating. We also propose to retain a system of personal licences as a means of monitoring and ensuring the competence of those working with research animals.

The directive lists methods of humane killing that may be used without project authorisation. Our current UK legislation takes a similar approach to that of the directive in this area, but there are significant differences between the UK list of methods and that in the directive. Some methods listed in the directive are not currently permitted in the UK without specific authorisation. The differences have caused widespread concern, and we are minded to maintain the best of our current approach to humane killing. To take that forward, we have recently published a revised list of humane killing methods for consultation, and will incorporate only the best methods in our updated legislation. Again, I hope that that provides reassurance to the many people who are particularly concerned about this part of the directive.

Another issue of particular concern to many people is animal care and accommodation standards, specifically those examples in which current UK cage and enclosure sizes are greater than those required under the directive. For some, when there is good supportive evidence, we are minded to continue to mandate the UK dimensions. For others, the difference in dimensions may be so small as to make little difference to the welfare of the animals, but sufficient to add significantly to the costs for the life sciences community if they were retained, which would risk making the UK less competitive than other countries in Europe and beyond. Instead, we are considering ways of using the revision of our current UK code of practice on care and accommodation to encourage voluntary improvements in standards of housing.

The UK has a long tradition of housing animals in conditions that are better than those mandated in regulations—for example, the housing of non-human primates in the UK has significantly exceeded the minimum requirements for many years. Our approach has been driven by sound evidence from our welfare scientists, together with a willingness on the part of both the academic sector and industry to provide the best environment for our animals. We want to support that approach by encouraging the work of welfare scientists and the research community. As scientific evidence for higher standards emerges, we will expect our research community to respond.

On freedom of information, which the hon. Gentleman brought up at the start of the debate, most responders to the consultation recognise that section 24 in its current form is not compatible with the directive’s commitment to transparency, and many also recognise that it may be a barrier to the sharing of best practice and information on the three R’s. At the same time, personal details, intellectual property and commercial information will continue to require protection. We will consider how best to provide that protection under the new legislation, at the same time as meeting the aspiration to greater transparency.

The hon. Gentleman also brought up the issue of weighing pain against benefit. UK legislation already requires the Secretary of State to weigh the likely pain against the expected benefit, and in that regard the directive confirms current UK practice.

The hon. Gentleman referred to transport disruption. We have been working actively with the life sciences community and the transport sector to broker a commercial solution to provide a sustainable and resilient supply chain. That will be important to the future of the life sciences industry.

The hon. Gentleman asked about the use of non-human primates, and particularly the definition of a debilitating condition. We do not intend to define further what a debilitating condition is because we believe that that should be done on a case-by-case basis for each project licence application received. Using the current UK code of practice in that way to encourage voluntary improvements, particularly for housing, will lead to better standards. Overall, in addressing these sensitive issues, we believe that good welfare is fundamental to good science.

Animal experimentation is an area in which Government policy must recognise a wide range of opinions. Our current policy is based on the belief that there are real benefits to man, animals and the environment that can, at present, be achieved only with the use of animals, but it reflects the need for all animal use to be fully justified, and for animal suffering to be minimised. Any suffering must be carefully weighed against the potential benefits. Those are the foundations of our current legislation, and the directive provides us with the opportunity to build on them.

As I have said, my hon. Friend the Minister for Equalities and others will consider carefully—

[Mr Charles Walker (in the Chair)]

Order.

UN Convention on the Rights of People with Disabilities

Damian Green Excerpts

Thursday 22nd March 2012 Written Statements

[The Minister for Immigration (Damian Green)]

I have reviewed the reservation for immigration functions which the UK lodged to the UN convention on the rights of people with disabilities when the UK ratified that convention in 2009, in line with a commitment provided by my predecessor.

After consideration of all relevant factors, and of the views expressed by corporate partners in response to the consultation that was a part of the review, I have decided the reservation should be retained. A summary of the responses to the consultation will be placed in the Libraries of both Houses.

This decision was made because it was considered that the reservation remains necessary to safeguard our ability to apply immigration policies in accordance with existing immigration and equality legislation. The Equality Act permits differential treatment for specified immigration decisions if it is necessary for the public good.

I am aware this will not be welcome to all parties, and so I would like to explain the reasons. The reservation has been kept in order to retain the right to apply immigration rules, to avoid creating an unnecessary new avenue to challenge immigration decisions due to the optional protocol, and to preserve the right to safeguard the public purse from excessive demands which may be placed on it.

Oral Answers to Questions

Damian Green Excerpts

Monday 19th March 2012 Commons Chamber

[Mr John Baron (Basildon and Billericay) (Con)]

15. What steps she is taking to tackle gang-related crime.

[The Minister for Immigration (Damian Green)]

The Government report on ending gang and youth violence published last November sets out a long-term, evidence-based programme to tackle gang and youth violence. The approach combines the early identification of children and young people most at risk of being drawn into gangs, providing ways out for those wanting to leave a gang, and tough enforcement against those who continue with a violent lifestyle.

[Angie Bray]

My hon. Friend will be aware that Ealing has been identified as one of the 30 top hot spots for gang problems. Our local borough serious youth violence team is already hard at work. Can the Minister update the House on what more the Government are doing to tackle knife crime, especially among young people?

[Damian Green]

The Government’s position is clear. Any adult who commits a crime using a knife can expect to be sent to prison, and serious offenders can expect a long sentence. The Home Office has committed £18 million of funding for 2011-13 to support the police, local agencies and the voluntary sector to tackle knife, gun and gang-related crime. As my hon. Friend says, Ealing has been identified as one of the 30 most affected areas. That is why it is one of the areas selected to receive additional support. It has been allocated more than £230,000 in provisional support, and I know that that money will be well spent.

[Mr Baron]

Gang-related crime is a major plague in many of our communities. Government measures so far are welcome, but what more can the Government do to combat the problem, particularly when it comes to reducing the number of vulnerable people drawn to gangs?

[Damian Green]

My hon. Friend touches on an important point. It is clearly not just about attacking the offences and identifying the offenders—it is trying to stop them offending and joining gangs in the first place. That is why support for parents and families is at the heart of this programme. We have established an ending gang and youth violence team led by a detective chief superintendent from the Metropolitan police. The team will have access to advisers from a range of backgrounds, including community activists, local authority specialists and voluntary organisations, so that we can get to the roots of the problem as soon as it starts, long before the children join a gang.

[Alun Michael (Cardiff South and Penarth) (Lab/Co-op)]

Does the Minister accept that among those who are most vulnerable to being drawn into gang activity, as well as being radicalised in various ways, are those who have spent a short period in custody? Will the Minister focus on making sure that those who come out of short periods of custody are targeted effectively so that they are not drawn into such activity?

[Damian Green]

The right hon. Gentleman makes a good point. That is precisely why we are not just treating this as a purely policing matter, but drawing in local authorities, voluntary organisations and other specialists, so that that kind of positive intervention to keep people on the right track and off the wrong track can be part of our overall strategy.

[Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)]

Will the Minister update the House on the progress and uptake of gang injunctions and, in the light of that update, advise us on whether the Home Office is reconsidering its plan to abolish antisocial behaviour orders, which also have a role to play in tackling gang culture?

[Damian Green]

I think that the hon. Lady will recognise that ASBOs felt like a good idea at the time but did not work and straightforwardly failed. Far too many ASBOs were breached, and increasing numbers of them were breached the longer time went on. I am sure that the policy was devised with the best intentions, but it did not work, which is why we have moved on to other policies that will be more effective in combating antisocial behaviour and gang-related violence.

[Ian Lavery (Wansbeck) (Lab)]

6. What assessment she has made of the level of crime since May 2010.

--- Later in debate ---

[Karen Lumley (Redditch) (Con)]

8. What steps she is taking to ensure that people applying to settle in the UK can contribute to the economy.

[The Minister for Immigration (Damian Green)]

On 29 February, we announced changes that will break the link between coming here to work and settling permanently and ensure that only those who make a significant economic contribution can stay. In future, most skilled workers will need to be paid a minimum salary of £35,000 to settle here.

[Karen Lumley]

I welcome the Minister’s comments. I am glad that settlement will no longer be an automatic consequence of long-term residence, but can he assure my constituents that that will be properly enforced?

[Damian Green]

I am grateful for my hon. Friend’s support, and I can give her that assurance. The new measures will be no different in this regard from any other immigration route. She and the House may be aware that we have now reached 11,000 arrests of criminals, including murderers, rapists and illegal immigrants, as a result of the processing of advance passenger information through e-borders. In 2011, in a clampdown on sham marriages, we carried out over 300 enforcement operations and prosecuted almost 230 people. That is the kind of tough enforcement that we need, and now have, to back up our immigration system.

[Fiona Mactaggart (Slough) (Lab)]

Overseas domestic workers make a significant contribution to Britain’s economy, directly and indirectly, by allowing their employers to contribute to the economy. The changes to their visa that the Minister has announced put a large number of overseas domestic workers at risk of being trafficked, as we know from history. Would he be willing to meet me and representatives of Justice for Domestic Workers so that he can hear first hand about the impact that his proposed changes will have on overseas domestic workers?

[Damian Green]

I do not agree with the hon. Lady’s analysis of what we are doing. We are returning this route to its original purpose—to enable visitors from overseas to bring their domestic workers with them to the UK. Domestic workers will be able to come to the country for short periods with their existing employer, but should also leave with that employer. Individuals living in the UK should recruit domestic help from within the resident labour force. There is no justification for allowing low-skilled jobs to be filled from outside the European economic area. It is wrong to assert that a right to settle and bring a family to the UK is the most appropriate form of protection from abuse. [Interruption.] The hon. Lady and the shadow Immigration Minister, the hon. Member for Rhondda (Chris Bryant), who is chuntering from a sedentary position, have simply got this wrong.

[Dr Julian Huppert (Cambridge) (LD)]

Does the Minister recognise the concern expressed by academics, universities and high-tech companies that this aspect of immigration policy and the rhetoric surrounding it is making it harder to attract and keep the best and brightest, who contribute so much to our society and economy? What assurances can he give to employers and their prospective employees that Britain will be open for the best and brightest?

[Damian Green]

I can give the hon. Gentleman the assurance of the facts. We have made changes to tier 1 —the top end of the immigration system—to encourage investors and entrepreneurs to come to the UK. We have created a special new route for the exceptionally talented in the arts and sciences. At the same time as reducing immigration numbers, we are making a more selective system that will show that Britain is open for business and that the brightest and the best can make a great future in this country.

[Kelvin Hopkins (Luton North) (Lab)]

9. What recent assessment she has made of the level of physical assaults against journalists covering news stories.

[The Minister for Immigration (Damian Green)]

Information on physical assaults against journalists covering news stories is not available from the police recorded crime statistics held by the Home Office. Journalists have the right to do their job in a safe environment and, like all members of the public, are protected by the law. If they are assaulted, the crime will be investigated and dealt with by the police.

[Kelvin Hopkins]

National Union of Journalists members are placed at risk when their material or sources are used by police forces through production orders. Does the Minister accept that journalists are independent news gatherers, not evidence gatherers for law enforcement, and that forcing them to hand over their journalistic material or sources places them at risk of attack? Will he agree to meet me and other members of the NUJ parliamentary group to discuss those matters?

[Damian Green]

As a former journalist and, indeed, a former member of the NUJ, I have every sympathy with journalists whose lives are put in danger. [Interruption.] The shadow Immigration Minister should not dwell on the fact that his Government organised for me to be arrested, because it was not their finest hour. I suggest that he withdraw that remark.

[Mr Speaker]

I am extremely grateful to the Minister. He is many things, but not, to my knowledge, a journalist. I am sure that he has concluded his answer.

[Stephen Lloyd (Eastbourne) (LD)]

11. What steps she is taking to tackle hate crime.

[The Minister for Immigration (Damian Green)]

Last Wednesday, the Minister for Equalities launched “Challenge it, report it, stop it”, the Government’s new action plan for tackling hate crime. It sets out what we will do at the national level to help victims and professionals to challenge the attitudes that drive hate crime; give more victims the confidence to come forward; and make sure that the criminal justice system responds effectively when they do.

[Stephen Lloyd]

I am very concerned by recent reports that indicate that there has been a rise in abuse towards disabled people. Will the Minister confirm what the facts are behind the anecdotes, and what specific actions the Government are taking to address any rise in hate crimes towards disabled people?

[Damian Green]

I regret to say that my hon. Friend is correct. At a time when the reporting of other kinds of hate crime has declined, the latest figures, which are for 2010, show that the number of hate crimes against disabled people went up from 1,294 to 1,569. He is therefore addressing the right problem. It is the “report it” part of the action plan that I would point to, because more disabled people are reporting hate crimes to the police. We know that under-reporting is a huge problem, and one of the key themes of the action plan is to encourage more victims to come forward. We are doing that by allowing new ways of reporting such crimes, such as online and through third parties.

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

I am grateful to the Minister for that answer and to the Government for their attention to hate crime. He will be aware that learning-disabled people are often particularly reluctant to report such crimes because they feel that they will not be believed. What steps are the Government taking to encourage all professionals to take all accusations of hate crime from such victims seriously?

[Damian Green]

The hon. Lady makes a very good point. That is why, as part of the action plan that the Minister for Equalities announced recently, the Home Office is funding organisations that support the victims of disability hate crime to find a way to make it easier for those who are particularly reluctant to report it to come forward.

[Jake Berry (Rossendale and Darwen) (Con)]

12. What steps she is taking to tackle metal theft.

--- Later in debate ---

[Priti Patel (Witham) (Con)]

T4. Home Office figures show that between April 2010 and March 2011, more than 150 foreign nationals, previously held in immigration centres but then released into the community, went on to reoffend. What is the Minister doing to deport these individuals?

[The Minister for Immigration (Damian Green)]

My hon. Friend puts her finger on an important issue, and I am happy to tell her that last year we removed more than 4,500 foreign national offenders, many of whom had perpetrated crimes. We believe that when a foreign criminal poses a risk to the public, they should stay in detention, and we always vigorously oppose bail, but the UK Border Agency has to act within the law. However, foreign criminals in the community awaiting deportation will be subject to stringent reporting restrictions, and every effort is always made to remove them from the country as soon as possible.

[Mr David Hanson (Delyn) (Lab)]

Why has the Home Secretary ruled out a free-post leaflet or candidate booklet for police and crime commissioner elections? Will she now heed the serious concerns raised by the Electoral Commission that internet-only access to candidate materials will disadvantage the poor, the old and those in rural areas—and, accordingly, help to address the poor turnout—or is that the intention?

--- Later in debate ---

[Steve Rotheram (Liverpool, Walton) (Lab)]

T9. The number of passengers arriving at Liverpool John Lennon airport, which is Britain’s fastest growing airport, rose from 294,000 in quarter 1 of 2010 to 713,000 in quarter 3 of 2011. The vast increase coincided with the Home Secretary’s decision to open the doors of Britain without proper checks last summer. What guarantees can she give to the people of Liverpool that all 713,000 of those passengers had their passports checked?

[Damian Green]

I am glad that the local economy around John Lennon airport is flourishing and that more people are now using it. I am happy to reassure the hon. Gentleman and his constituents that, for the first time, full checks are now being operated at the border. As John Vine’s report showed, that had not been happening since 2007.

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

Victims of domestic violence seeking residential support in a refuge currently fall into the Government’s exception category and have their housing benefit paid directly to the refuge. That is important for the victims, and important for securing finance for the refuges. May I urge the Home Secretary to have discussions with the Department for Work and Pensions to ensure that that arrangement can continue under universal credit?

Immigration Rules

Damian Green Excerpts

Thursday 15th March 2012 Written Statements

[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, which implement the next phase of our reforms to the immigration system.

The student reforms, originally proposed in our student visas consultation which ran from December 2010 to January 2011, were set out in more detail in a statement of intent published by the Home Office on 13 February.

These changes include closing the post-study work route which gave migrant graduates free access to the UK labour market. The Government believe this route is inappropriate when UK national graduates are struggling to find work. However, in keeping with our focus on the brightest and best, I am introducing a new tier 1 route for graduate entrepreneurs and new provisions for graduates who have an offer of a skilled job to switch into tier 2. I am renewing the annual limit for tier 1 (Exceptional Talent) at the same level it was set for the last year, 1,000 places. In order to give more certainty to potential applicants, I propose that this level will remain the same for each of the next two years, and will be reviewed again for April 2014.

I am making changes to the rules for entry clearance and leave to remain under tier 2 which will apply to applications made after April 2012. Temporary leave as a skilled worker will be limited to a maximum stay of six years and will be granted in two blocks of three, rather than the current 3+2. In addition, the changes will mean that tier 2 migrants who leave the UK will need to wait 12 months after the expiry of their leave before they may reapply to return under that tier.

The changes I am proposing to make to the immigration rules for tier 2 settlement, tier 5 of the points-based system, the visitor rules and the overseas domestic worker routes, give effect to the next phase of our programme of immigration reform, following the public consultation on employment-related settlement, tier 5 and overseas domestic workers which ran from 9 June to 9 September last year. The Home Secretary set out the detail of the changes in her written ministerial statement to the House on 29 February 2012, Official Report, column 33WS. I am today publishing impact assessments of these policy changes and will place these documents in the Library of the House. The rule changes will introduce a new minimum pay threshold for tier 2 migrants eligible for settlement from April 2016, and limit the total amount of time a person may remain in the UK as a tier 2 migrant to six years. They will also implement reforms to the overseas domestic worker routes to return them to their original purpose, to enable visitors and diplomats to bring their overseas household staff with them to the UK for temporary stay. Taken together, these measures will break the link between coming to the UK to work and settling permanently.

Some targeted changes to tier 5 will enhance the focus and flexibility of this tier. Those coming to participate in internships and work experience schemes under the Government Authorised Exchange sub-category will be restricted to one-off stays of a maximum of 12 months, which is sufficient for these purposes. However, the rules for sports persons entering under the creative and sporting sub-category will be amended so that individuals may undertake some guest sports broadcasting work, where this is not filling a permanent position. To introduce further flexibility for those coming to undertake short-term engagements, I will create a new visitor route (“Permitted Paid Engagements”) outside the points-based system for specific fee-paid engagements, which will enable certain professionals, as well as artists, entertainers and sports persons to come for up to one month without the need for formal sponsorship by a UK-based employer.

I am also introducing a premium customer service for those A-rated sponsors who wish to apply and pay for a range of benefits. These will include direct contact into the UK Border Agency, guaranteed access to public enquiry office appointments and swift return of documents for their sponsored workers. This is being introduced in response to requests from business for a higher level of customer service for themselves and their international workers.

Finally, I am making changes to Rule 323A to make curtailment of leave to enter or remain mandatory, rather than discretionary, where a migrant under tiers 2, 4, or 5 of the points-based system is not working or studying with their sponsor. Rule 323A also sets out limited exceptions to mandatory curtailment.

Passenger Name Records

Damian Green Excerpts

Monday 27th February 2012 Written Statements

[The Minister for Immigration (Damian Green)]

The coalition Government are firmly committed to protecting the security of UK citizens and to defending civil liberties. Our experience is that both security and privacy are possible. We must resist trading one off against the other as some would wish us to do.

We are firmly committed to consistency in our approach to civil liberties and will seek to translate our domestic agenda to the EU level—this includes purpose limitation; rigorous evidence-based arguments; the principles of necessity and proportionality; stringent data protection safeguards, especially when handling sensitive personal data; independent data protection oversight; and, of course, full compliance with EU law and the EU treaties.

We fully recognise the importance of working with partners outside the EU given that the threats we face are global in nature and, in common with other EU member states, we view the US as a key partner.

The UK, in common with many other EU member states and third countries, places considerable value on the collection and analysis of passenger name record (PNR) data (that data collected by carriers in the exercise of their business) for the purpose of preventing terrorism and serious crime. The appropriate use of PNR data is vital in keeping the public safe.

In line with this view, the Government continue to press for an EU PNR directive that includes provision for intra-EU flights. The Government also believe that clear PNR agreements between the EU and third countries play a vital role in removing legal uncertainty for air carriers flying to those countries, and help ensure that PNR information can be shared quickly and securely, with all necessary data protection safeguards in place. It is for this reason the Government have opted in to the EU-US agreement on the exchange of passenger name record data, notifying the President of the Council on 9 February 2012.

This agreement replaces the EU-US PNR agreement which has been applied provisionally from July 2007. The European Parliament postponed its vote on that agreement and asked the Commission to come forward with a single model for international agreements before it took a final vote. On 21 September 2010 the European Commission published a communication on the global approach to transfers of PNR data to third countries, together with a package of draft negotiating mandates for PNR agreements with Australia, Canada and the United States. In response to this, the Council presented a draft Council decision to authorise the Commission to open negotiations for PNR agreements with Australia, Canada and the US, together with draft negotiating guidelines (collectively referred to as the negotiating mandates). The UK opted in to these negotiating mandates in December 2010 and announced this decision to Parliament on 20 December 2010.

I listened very carefully to what hon. Members had to say during the scrutiny process and am pleased that the Committee agreed with the Government’s recommendation to participate in this agreement.

The agreement:

Restricts the purposes for which data can be processed to the prevention of and combating of terrorist offences and serious trans-national crime;

Makes express provision for data security;

Requires data to be masked after six months and transferred to a dormant database after five years. Data may be retained in the dormant database for a period of up to 10 years, during which additional controls will apply (including a more restricted number of personnel authorised to access it as well as a higher level of supervisory approval required).

Provides that masked data can only be re-personalised in connection with an identifiable case, threat or risk. After five years in the dormant database (10 years in total) data can only be re-personalised for the purpose of preventing and combating terrorist offences;

Provides that sensitive personal data must be filtered out and may only be accessed in exceptional circumstances where the life of an individual may be imperilled or seriously impaired;

Provides for independent review and oversight by departmental privacy officers with a proven record of autonomy, such as the Department of Homeland Security’s Chief Privacy Officer;

Sets out rights of access, rectification and erasure and redress;

Regulates the transfer of PNR data to other US Government authorities;

Only permits onward data transmission to a third country on a case-by-case basis and for the purposes outlined above.

The Council decisions to sign and conclude the agreement were deposited on 28 November 2011. These can be found at the following links:

Council Decision to Sign:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=COM:2011:0807:FIN:EN:PDF.

Council Decision to Conclude:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do? uri=COM:2011:0805:FIN:EN:PDF.

Immigration and Nationality Services

Damian Green Excerpts

Thursday 9th February 2012 Written Statements

[The Minister for Immigration (Damian Green)]

I am announcing proposals to change the fees for immigration and nationality applications made to the UK Border Agency. The Government review these fees on a regular basis and make appropriate changes as necessary. I am today laying regulations for fees that are set at levels above the estimated administrative costs of the service. We have continued with our strategic approach to charging; setting certain fees above cost on the basis of the value of the service.

Given the ongoing need to reduce public spending, we believe it is right that we continue to seek to reduce the burden on UK taxpayers of delivering the border and immigration system by asking migrants to make a greater contribution to the funding of the UK Border Agency. The UK Border Agency has given careful consideration to its fee levels, to ensure it can maintain good service levels to customers and secure the border for the general public.

Some fees are set above the administrative cost of providing the service to generate the revenue which is used to help fund the UK immigration system and which enables others to be set below cost recovery to support wider Government objectives. The revenue generated will contribute towards securing the UK’s border and controlling migration for the benefit of the UK. These fees must be set out in regulations before both Houses of Parliament and are subject to the affirmative legislative procedure. In addition, I will shortly lay another set of regulations in Parliament for the fees for immigration and nationality services that are set at or below the administrative cost of the service. Further details of all fees changes will be outlined in the explanatory memoranda accompanying both sets of regulations. Subject to parliamentary approval the Government hope to bring the new fees into force from 6 April 2012.

Details of all the proposed increases are set out in the table attached (new fees are shown in italics). The table includes indicative unit costs for each application for financial year 2012-13. The unit cost is the estimated average cost to the UK Border Agency of processing each application. Although these unit costs are not fixed over the course of the financial year, the unit costs are published so it is clear which fees we set over cost and by how much.

In developing these proposals, the UK Border Agency has sought to limit most increases to approximately 2%. In addition, the fees paid by dependants, for applications made within the UK, are being maintained at the current level of 50% of a main applicant’s fee. In future the UK Border Agency will look to charge the same fee in the UK for dependants and main applicants, as currently already happens for visa applications made overseas.

Full details on how to apply for all of these services will be provided on the UK Border Agency’s website, www.ukba.homeoffice.gov.uk.

Human Trafficking

Damian Green Excerpts

Wednesday 8th February 2012 Westminster Hall

[Mr Mike Weir (in the Chair)]

But has that been granted?

[The Minister for Immigration (Damian Green)]

indicated dissent.

[Mr Mike Weir (in the Chair)]

I am sorry; I cannot call the hon. Gentleman.

--- Later in debate ---

[The Minister for Immigration (Damian Green)]

I am happy to assure the hon. Member for Linlithgow and East Falkirk (Michael Connarty) that I will be generous in allowing interventions, even though I am restricted by time, because I appreciate his contribution and his long-standing interest in this subject.

I congratulate my hon. Friend the Member for Wellingborough (Mr Bone) on making a uniquely Europhile speech, on securing this debate and on his work for the all-party group. I am grateful for his kind remarks, although I am deeply worried when he says that lobbying me is like pushing at an open door. I make it clear to all non-governmental organisations that that should not be taken as precedent.

There is, rightly, a lot of interest in this issue. Everything that my hon. Friend said about its seriousness and the importance of having an effective anti-trafficking strategy is, of course, true. The one point where I would slightly disagree with him, apart from on the central argument—I will come on to why I disagree with him about that—is on the lack of public awareness. It has struck me, over the past few years, not least through the actions of the all-party group, NGOs and successive Ministers in both Governments, that there is consciousness throughout the country of the evil of trafficking and the fact that it is present not just in our inner cities and the sex industry, but in many small communities, including rural communities, and all parts of the United Kingdom, as we have heard. Indeed, it is everywhere. That consciousness has grown in recent years, which is good, because we will be much more effective in fighting trafficking if, out there, the general public knows about it.

In that context, it is fair for me to outline some progress that we have made since we published the human trafficking strategy in July last year, which focuses, as my hon. Friend said, on four key themes: improving victim identification and care; enhancing our ability to act early; smarter action at the border; and more co-ordination of our law enforcement efforts in the UK.

Officials have been working across the Government to build a more collective and collaborative response to fighting human trafficking, bringing in the Foreign and Commonwealth Office, the Department for International Development, the Department for Education and the Department of Health. Equally importantly—I take the point that there must be collaboration between the Government and extra-governmental bodies—this response is specifically supported by stakeholder groups on specific themes, attended by a range of NGOs. The current groups are focusing on five key areas within the strategy: raising public awareness; working with the private sector; working with child victims; tackling demand; and international engagement. Those groups have already instigated action to support the aims of the strategy. For example, they are considering how we can expand the awareness-raising initiative with airlines—something that I helped to launch with Virgin Airlines as part of the activities on the most recent national anti-slavery day.

We have already provided additional information to posts in other countries to raise awareness of trafficking and to support collaborative working with NGOs in those countries. Part of that work includes gathering information from posts, so that we have a better understanding of their challenges and issues to help inform how we might best support anti-trafficking efforts around the world. We recently agreed an awareness-raising campaign with a major supermarket in Lincolnshire to provide information to potential vulnerable workers in the agricultural sector.

Officials continue to review and refine the national referral mechanism to ensure that victims can be identified appropriately and to ensure that the picture on the extent of human trafficking within this country is clearer.

My hon. Friend was disapprobatory about the UK Human Trafficking Centre. Clearly, it can get better and is doing so, but improvements can always be made. That is what we are trying to do in respect of its intelligence function and organised crime group mapping, which will help inform the Government’s view of the priority areas to combat human trafficking.

[Michael Connarty]

I am reminded of the adage that a camel is a horse designed by a committee. On 18 January, the Minister said in his response to the Organisation for Security and Co-operation in Europe’s special representative and co-ordinator for combating traffic in human beings:

“Progress is monitored by a strategic board of cross-Departmental officials which meets on a six-weekly basis. This board reports to the biannual Inter-Departmental Ministerial Group…on human trafficking.”

That seems to be a larger number of people than is required to do a job, which, as the chair of the all-party group, the hon. Member for Wellingborough (Mr Bone), said, is done by a co-ordinator—a proper rapporteur with a single purpose, independent of the Government.

[Damian Green]

Let me move directly on to the central point made by my hon. Friend the Member for Wellingborough about whether we need a rapporteur added to our armoury. Obviously, this matter arises from the directive that we have now opted into. I am grateful to him for his support, not just for our opting in, but for the way that we did it—at the end of the process when had we ensured that it was appropriate and helpful to this country to do so.

We have given much thought to how we implement the directive. We are about to make changes to primary legislation, with amendments to the Protection of Freedoms Bill, to ensure that we are compliant with those parts of the directive to which our laws are not compliant at the moment, and we are making an initial assessment of where we may need to introduce secondary legislation. We are determined to ensure that everything is in place by April 2013, which is when we need to be completely compliant.

Article 19 allows the setting up of a national rapporteur or equivalent mechanism. I am unpersuaded by my hon. Friend’s example. He was mildly humorous about the inter-departmental ministerial group. I think that I am entitled, in return, to note that of the 27 nations in which he could have found examples of people being inspired to greater efforts on anti-trafficking by having a rapporteur, he adduced precisely one. I am disappointed on behalf of Finland, which is the only other country in the European Union that has a national rapporteur. I note that my hon. Friend did not come up with any great advantages from the Finnish system.

[Mr Bone]

On that important point, the Minister is right; of course there are two countries that do it, but the Prime Minister wants—I hope that the Minister would want to support the Prime Minister—to make the UK the leading country in the fight against human trafficking. With a rapporteur, we could take that lead.

[Damian Green]

I share the ambition to make the UK a leading beacon, showing people how we can effectively fight trafficking. So let me get to the point of why I think that a rapporteur would be a fifth wheel on the coach.

The interdepartmental ministerial group, which meets every six months, is effective with support from the UK Human Trafficking Centre, which is the central repository of data—my hon. Friend made that important point—and it can effectively perform the national rapporteur function, because apart from the ministerial meetings, officials from across Whitehall meet once every two months to support the ministerial group, to inform it and to provide an update.

I agree that the current structure is not perfect, and I intend to make some improvements, so that it can become more effective. First, I will consider my hon. Friend’s point about the frequency of the group’s meetings, so that it can maintain effective oversight across the Government of the work on combating human trafficking. Secondly, I will review the group’s membership to ensure that we have the right people in the room discussing the issues across the Government. I recently wrote to group members emphasising the importance of their regular attendance: I take the point that my hon. Friend made in that respect, as well. Thirdly, I will revise the terms of reference for the group to reflect the required functions of the rapporteur role, so that it can effectively assess trends and measure the actions taken to address them.

As part of the existing arrangements, the group receives information on human trafficking trends from the UK Human Trafficking Centre, which informs our approach. If particular issues are raised, the group will be able to commission further data from the HTC. To that end, my officials are working with the centre to establish consistent data requirements to support the group in carrying out that role. In line with the requirements set out in article 19, the group will publish an annual report on the assessment of trends in human trafficking, as well as on anti-trafficking activities, and will work with the NGOs to achieve that.

In recent debates, as well as in this one, questions have been asked about the independence of the ministerial group and about the requirements of the rapporteur role. To be clear, the directive does not stipulate that the national rapporteur or equivalent mechanism must be independent of the Government. Indeed, we already have in the UK a vast array of extremely effective organisations independent of the Government that produce assessments of human trafficking inside the country and internationally. We of course consider proposals and recommendations in each report, and we will strengthen our response accordingly. In carrying out the rapporteur function, the group’s report will not only consider trends but will take account of assessments and recommendations from other reports and of the Government’s progress in delivering their strategy.

To make those pledges concrete, I intend that the group will produce an initial report following the first anniversary of the publication of the strategy, after the Olympic games, to ensure that the progress made on the strategy and any learning or experiences gained from the games can be captured and inform our assessment of such work.

As the problems that might come about because of the Olympics have been brought up, let me say that of course we have a threat assessment of the Olympics, including the possibilities of trafficking. I am pleased to say that, at the moment, there is no evidence of extra trafficking activity as a result of the Olympic games, which would have been intuitively plausible because there has been evidence of trafficking at previous World cups, but they attract a different kind of audience from the Olympics. We are now over the construction phase—the venues are built—which is another time that people were worried about, and I think that the sort of people who attend the Olympics will provide less of an incentive. More to the point, so far the police detect no evidence of any large-scale increase in trafficking activity related to the games.

I thank my hon. Friend for his continuing concern with and commitment to the fight against human trafficking and others present in the Chamber today. The appropriate structures are in place and will get better, and they provide the right oversight in this area. It almost goes without saying, but I can assure hon. Members that the Government continue to recognise the importance of fighting such a terrible crime and ending the plight of far too many vulnerable adults and children. I will bend all my efforts to ensure that we are as effective as possible in continuing that fight.

Question put and agreed to.