Immigration Bill

David T C Davies Excerpts

Tuesday 13th October 2015 Commons Chamber

[Andy Burnham (Leigh) (Lab)]

I beg to move,

That this House, whilst affirming its belief that there should be firm and fair controls on illegal immigration including new immigration enforcement powers and immigration status checks on current account holders, and particularly welcoming proposals for a Director of Labour Market Enforcement and to strengthen sanctions to be applied to employers of illegal workers, declines to give a Second Reading to the Immigration Bill because the measures overall in the Bill will not decrease illegal immigration, will reduce social cohesion and will punish the children of illegal immigrants for their parents’ illegal immigration, because the Government has failed to publish the report on the pilot Right to Rent scheme in the West Midlands which could cause widespread indirect discrimination and because the Bill enables the Home Secretary to remove from the UK migrants who are appealing against a refused asylum claim before the appeal has been determined, notwithstanding the slow appeal process and the high error rate in Home Office decisions.

Let me start by setting this debate in an essential and important piece of context and with a point that the Home Secretary skated over at the start of her speech: the most recent evidence is clear—immigration provides a net benefit to our economy. It is not, as was claimed last week, “close to zero” but, according to authoritative and independent research, can be quantified at around £25 billion. That migrants contribute more to the public purse than they take out is a simple fact that cannot be repeated often enough in debates such as this. Similarly, in the NHS, we are far more likely to be treated by a migrant than to stand behind one in a queue. The culture and identity of our country—for centuries an open, outward-looking, seafaring nation—has itself been shaped by centuries of inward immigration, and it is all the richer for it.

[David T. C. Davies (Monmouth) (Con)]

When I was on the Home Affairs Committee a few years, I put that very point to experts and I was told that nobody had ever worked out the costs of migration—the costs of providing health care, education and all the other public services that people take for granted—and done a proper cost-benefit analysis. Therefore I should like to know where the report that the right hon. Gentleman refers to comes from.

[Andy Burnham]

I can refer the hon. Gentleman to it. It is research carried out over a number of years by Imperial College, and I will be happy to send it to him. I suggest that he should perhaps spend more time looking at the evidence about immigration, rather than resorting to rhetoric, as I know he is wont to do.

All of that having been said at the beginning, the nature and scale of immigration to the UK has changed in the past decade, particularly since the expansion of the European Union into eastern Europe. Anyone who spent any length of time on doorsteps in the first half of this year cannot dispute the fact that immigration remains one of the highest concerns of the public, and the truth is that public and political debate has failed to keep pace with public concern, resulting in a feeling that the political class is out of touch.

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[Mr Jackson]

That is a fair question, but it is way above my pay grade, so I will move swiftly on. I will, however, touch on those issues later.

The fact is that the Labour party has not learned any lessons. It has collective amnesia about what happened on 7 May. The reason it got only 232 seats is that very many of its bedrock, blue-collar supporters did not trust it on immigration and decided to elect other people—or, indeed, to vote for a party such as UKIP—because they trusted them more. That is lamentable, but that is what happened to the Labour party, although you would not think it to listen to them.

The Government also have a very strong mandate to introduce this Bill, as a result of an overall majority. It is certainly the case that, for the first time in probably 25 years, immigration is the No. 1 issue for voters. According to an Ipsos MORI poll at the end of September, it is more important than the health service, the economy, jobs and the environment—56% of people said that the No. 1 issue was immigration.

At least the former shadow Chancellor had the good grace, at the 2014 Labour conference, to apologise for the big errors that were made under the Labour Government, particularly in respect of the free movement directive. What I found positive in the speech of the right hon. Member for Leigh is that he is prepared to look at the directive’s impact on certain areas, whether Leigh, Dudley North, Peterborough or other parts of the country.

Goodness knows, we have to address this matter because it is a major issue of concern. In my constituency, unrestricted immigration, largely under the Labour party—to the extent that 34,000 national insurance numbers were issued to EU migrants between 2004 and 2011 in a city of 156,000 people—has had a big impact on the delivery of core public services such as housing and health. We have a primary school places crisis in my constituency because of the sheer weight of the number of people coming from the European Union. Yes, we welcome people who are hard-working, decent, civic-minded and law-abiding and who will accept our British values, but we cannot cope with unrestricted immigration. In that respect, this Government are doing exactly the right thing.

As the right hon. Gentleman and the House may know, on 31 October 2012 I introduced a ten-minute rule Bill to disapply the European Union free movement directive 2004. That was not a Europhobic response of closing the doors; it was about nuancing and finessing the free movement directive—the pull factors—as has been done in places such as Spain, which has suffered from the problem of 50% youth unemployment. Unfortunately, the Government did not take on board those arguments at the time. I commend them for now doing so. We should establish the fact that we believe in the free movement of labour and people; yet I do not think that it is unreasonable for us to make a value judgment on the people we want to come to our country. The free movement directive has not been nuanced in the way it should have been.

No evidence has ever been produced—both Migration Watch and Balanced Migration have made this point several times—that immigration is necessarily “a good thing”. There is no evidence for that. There is perhaps no evidence that it is a pernicious or bad thing, but there is certainly no cumulative evidence, in terms of the delivery of public services, that it is a good thing. If I take only the issue of low wages, it is obviously the case, as is proved by what data there are, that although immigration may not drive down wages, it certainly restrains wages at a certain level for indigenous workers, particularly low-skilled people or those with no skills and young people.

[David T. C. Davies]

Is my hon. Friend aware that the UCL report mentioned by the right hon. Member for Leigh (Andy Burnham) came from a university that has lobbied heavily for more immigration, presumably so that it can make money and line its own pockets from people coming here? Is he aware that the conclusion to which the right hon. Gentleman referred was based on one of various different scenarios and that the figures have been taken apart, as I have already found out just by looking it up on the internet?

[Mr Jackson]

I think that was the CReAM study, but it was certainly not the cream of the crop because it looked at the most optimistic scenarios and its methodology has been disputed by many other academics.

We simply cannot countenance a net migration figure of 330,000. Migration Watch was criticised some years ago for predicting—accurately—that 50,000 Romanians and Bulgarians would come to this country. As I have already mentioned, they have a higher preponderance to become benefit recipients. That may not be the case for all non-EU migrants and for first-stage EU migrants—those from France and Germany—but it certainly is the case for second-stage migrants. Why would it not be the case, given that wages are demonstrably much lower in places such as Romania and Bulgaria than they are in the UK, so they get paid less than other people while working here and they claim more?

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[David T. C. Davies (Monmouth) (Con)]

I am delighted to speak in full support of what the Government are doing to tackle the problem of illegal immigration, and to put on record my support for every single word of the speech that the Home Secretary made at the recent Conservative party conference. The Government are absolutely right to be doing this. Nobody has any problem with legal migration into Britain; no Conservative Member has suggested that there is a problem with it. Speaking for myself, I am married to somebody who migrated into this country from eastern Europe. My children are bilingual and have dual nationality. My sister-in-law is Chinese. Davies family Christmas get-togethers can be like the United Nations.

This is not about racism or xenophobia at all. Conservative Members are concerned that migration needs to be managed in a careful fashion, and to be legal and controlled. Illegal mass migration is causing all sorts of problems, not just for the UK, but for many of those who have been illegally brought into this country.

Pressure is being put on housing and it is important that we take action against rogue landlords. I remember going out with the police in a part of London—I think it was Ealing, but it may have been elsewhere—and they openly said, “Look at all these sheds that have been converted into accommodation. It’s all for people who have come over here illegally.” It is such a widespread problem that very little is being done about it.

[Fiona Mactaggart]

I represent a constituency in which many such sheds exist, and the housing pressures in Slough are such that most of the residents of those sheds are now perfectly legal.

[David T. C. Davies]

We do not know that, do we? But we will no doubt be able to find out because we are giving people the powers to check.

There is pressure on schools when pupils cannot speak English. There is a cost for translators and the issue also causes problems for the health service. It undermines wages and creates wider public concerns.

[Liz Saville Roberts]

I am glad to hear the hon. Gentleman say that his children are bilingual. English-language courses are, of course, free. Given that the Welsh language has equal status under the Welsh Language Act 1993, does he agree that the Government should ensure that Welsh-language courses should also be free?

[David T. C. Davies]

Diolch am hynny—thanks for that—but the hon. Lady is tempting me down another path. I would love to come back to this matter on another occasion, because a lot of money is wasted on translating documents that nobody would ever read into Welsh and not quite enough money is spent on supporting people who want to learn the Welsh language, but that is more a matter for the Welsh Assembly than for us.

I think there is wider public concern about illegal immigration. That concern is too often dismissed as narrow-minded racism when that is not the case. It is reasonable for people who live in established communities to get nervous when they suddenly find that English—or, indeed, in some parts of north Wales, Welsh—is no longer the language they hear on the streets from day to day. In some of the larger cities, people become nervous when they see cultural changes that they cannot go along with, such as women wearing burkas and trailing 6 feet behind their husbands, female genital mutilation and forced marriage. It is no good dismissing those concerns as racism—they are not. I think we are a very tolerant bunch of people in Britain, but all of us, no matter our origins, have a right to assume that anyone who chooses to come to this country really ought not only to respect the language of their chosen country and to learn it as best as they possibly can, but to fit in with that country’s culture and values rather than expect to be able to impose their own cultural values.

I recently visited the “jungle” in Calais, to find out for myself what was going on and to talk to some of the people trying to make the illegal crossing. I have nothing against any of them personally—what they are doing is perfectly understandable—but the Government recognise that they have a responsibility to tackle the problem.

A lot of what I saw is unlikely to be shown on the next episode of “Songs of Praise” when it goes there. Only a small minority of people in the “jungle” actually came from Syria. The vast majority, as far as I could tell, came from elsewhere, including Iraq, Pakistan and even Iran, which is one of the more stable countries in the middle east. I have no doubt that some of them were fleeing instability and war, but Britain will never, ever be able to cope with the number of people who live in countries that have a measure of instability. They include most of sub-Saharan Africa, virtually all of the middle east and a large chunk of Asia to boot. We simply will not be able to cope with the vast number of people who could legitimately claim that they come from a country where there is a certain amount of instability.

Another issue I had was that the vast majority of these people were young men. If they were all genuine refugees fleeing war, where were their wives and children? Why had they left them behind to face whatever it was they claimed to be facing? Others there were perfectly honest. One gentleman from Pakistan told me openly, “I am going to Britain because it is easier to work there and get cash in hand,” and he made a gesture to show what he meant. That is why the Government are right to tackle the problem.

I was concerned that people were living in all sorts of different areas in the “jungle” in Calais: the Iraqis were in one area, the Pakistanis in another and other people somewhere else. I was told by residents of the camp that the reason for that was that it is a very dangerous place after dark and that there is a lot of tension that sometimes results in violence. With the best will in the world, if we try to do what Germany is doing and allow hundreds of thousands of people to come into this country from widely different cultures—including, perhaps, cultures that have been at war with each other—that will cause a major law and order problem. The Germans have already found that there have been outbreaks of violence between Turkish and Kurdish people. We therefore need to be honest about the problems that we face.

We must remember that many of the migrants are making the dangerous journey because they are under the impression that, once they make it into Europe, they will be allowed to stay and nobody can chuck them out. As well as causing problems for other people, they are risking their own lives. Some figures suggest that at least 1% of them die on that illegal journey. They often pay money over to human traffickers. One man told me on film—I have put it on YouTube—that he paid €18,000 to human traffickers to get him as far as Calais. Criminal gangs are making vast sums out of people’s misery and exploitation.

The Government are absolutely right to do something about the problem. I am glad that some of the issues are recognised by Labour Members, although I am sorry that they are not willing to show their support for tougher migration controls in the Lobby tonight. I reassure the Government that not only will the vast majority of, if not all, Conservatives support them, but the vast majority of people in the wider world who vote for all sorts of different parties will also support what they are trying to do.

[Imran Hussain (Bradford East) (Lab)]

I will be brief, as time does not permit otherwise, but I want to make three points.

My right hon. Friend the Member for Slough (Fiona Mactaggart) made the first point very eloquently and clearly. Although I welcome the strengthening of sanctions for employers who employ illegal workers, often in abusive circumstances, I have an issue with the new offence of illegal working as applied to employees. The new offence will serve to criminalise workers for the smallest wrongdoings, while making it harder for bosses who exploit their workforce to be caught and brought to justice. Indeed, as the TUC has pointed out, undocumented migrants are unlikely to report bosses who have exploited them, particularly when they know that they could end up in court themselves.

Rather than helping workers, the Bill means that bad employers could threaten to report undocumented workers if they complain about their terms and conditions. Instead, the Bill needs to provide undocumented migrants with employment rights, which would be separate from their immigration status, so that they can be treated equally. Nothing is gained by forcing already harassed individuals further underground.

Secondly, the measures will restrict irregular migrants’ access to residential tenancies. During the passage of the previous Immigration Bill in 2014, the Government made numerous assurances about the pilot scheme in the west midlands. They stated that it would be fully evaluated and that any lessons learned would be applied before decisions were made about a wider roll-out. However, it now seems that the Government have backtracked on that promise. Essentially, they have denied the House the opportunity of a full and transparent evaluation of the pilot.

Nevertheless, as hon. Members have mentioned, research by the Joint Council for the Welfare of Immigrants shows that the workings of the scheme are extremely disturbing. Its research shows that the policy resulted in many cases of racial discrimination, including against many BME tenants who have every right to rent in the UK. The evidence also shows that landlords are prepared to discriminate against those with a complex immigration status. Indeed, many landlords have found the whole thing fairly baffling and have undertaken the checks incorrectly. Because of the scheme, landlords in the west midlands have even charged ridiculous amounts for the checks or have raised rents as a precaution.

As if that was not bad enough, the policy seems to have failed in its stated objective of deterring irregular migrants from settling in the UK. Given that evidence, we have to ask why the Government are so determined to railroad the Bill through. I believe that until any study shows otherwise, we should be scrapping these measures, rather than rolling them out nationally. I am sure that the Minister will agree with me that any measure increasing racial discrimination should be opposed.

The third issue, which perhaps causes me the gravest concern, is the failure of the Bill to address immigration detention. The unashamed use of limitless detention by the Home Office for, as Liberty has put it, “administrative convenience” is one of the greatest stains on this country’s human rights record. Many victims of torture or sexual violence are placed in captivity for undetermined lengths of time. It is a bureaucratic nightmare from which there are inadequate avenues of escape.

The Bill was an opportunity to deal with that matter, but, as in so many areas, it fails to address the most fundamental issues. I sincerely hope that the Government will address the issues that I have raised. I urge them to table amendments to do so in Committee.

Finally, I welcome the Prime Minister’s announcement that he will make Islamophobia a specific crime that will be reported alongside similar crimes relating to religion. I am sure that hon. Members across the House will join me in welcoming that important step forward.

[David T. C. Davies]

Will the hon. Gentleman give way?

[Imran Hussain]

I will in a moment.

We must all do as much as possible to eradicate discrimination in all its forms. Unfortunately, the Bill allows some forms of discrimination through the back door, especially against BME communities. That must be blocked and stopped.

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[Suella Fernandes]

I was involved in a professional capacity in cases of immigration detention and saw at first hand how limited the powers that were afforded to immigration officers and border control police were. They fell short of allowing them the appropriate powers to gather the evidence to justify a successful prosecution. The facts were plain, but because of those limited powers, it was difficult to gather the evidence to justify litigation. I therefore welcome the increased investigation and enforcement powers for immigration officers.

[David T. C. Davies]

I have carried out a number of strip searches as a police officer. I assure all Members that it is something that no enforcement officer ever wants to do and that it is only ever done under the strictest of circumstances and with a great deal of respect for the people who are searched. I am certain that that will be the case if it is ever done by immigration enforcement officers.

[Suella Fernandes]

I welcome that comment whole- heartedly. My professional experience endorses that.

I worked on people smuggling cases. Again, I saw that the regime needed more robust powers in respect of inspection and evidence gathering so that prompt removals could be effected through the right channels.

The new power in clause 30 allows the Secretary of State to cancel what is called section 3C leave. That will go far in widening the removal power when taken with the extension of section 94B of the Nationality, Immigration and Asylum Act 2002 in respect of the certification of human rights cases. That will enable more prompt removals after a refusal decision has been made. The absence of an in-country appeal right will remove the opportunity to exploit the appeals process extended to individuals in the UK. A reality of the previous regime was that the extensive number of appeal rights protracted the time that people spent in this country unlawfully.

More widely, we must talk about the impact of immigration. I applaud the courage of the Government in dealing with this matter in a compassionate, proportionate and fair way. The cultural impact of immigration cannot be ignored. The pace of immigration, the damaging predominance of multiculturalism, and the lack of integration in some parts of this country are having a damaging effect on social cohesion. A well-integrated immigrant must speak fluent English because that is crucial for developing relationships and gaining employment, and it connects us deeply with others. I therefore welcome the requirement for fluency in English in part 7 of the Bill.

We as a community of parliamentarians must be more courageous when speaking out about matters of integration and what is happening in this country, and when talking about the challenges we all face. The Bill deals with the problem of illegal immigration and tightens up the problem of exploitation, and that is the only way that we will command more confidence in the system and ensure its credibility. Our country is neither open nor closed, but striking the balance is hard. In doing so, it is perfectly reasonable to introduce legislation that encapsulates proportion and compassion. Speaking as the child of immigrants and the beneficiary of immigration, and as a professional, I commend this Bill to the House.