Brain Family: Deportation

James Brokenshire Excerpts

Thursday 26th May 2016 Commons Chamber

[Ian Blackford (Ross, Skye and Lochaber) (SNP)]

Urgent Question: Mòran taing agus madhainn mhath, Mr Speaker. To ask the Secretary of State for the Home Department if she will make a statement on the impending deportation of the Brain family from Dingwall.

[The Minister for Immigration (James Brokenshire)]

By convention, Ministers do not usually comment on individual immigration cases on the Floor of the House. However, I am happy to waive that convention today to properly address the question raised by the hon. Member for Ross, Skye and Lochaber (Ian Blackford).

Kathryn Brain came to the UK in 2011 on a tier 4 visa, which expired in May last year, with her husband and son listed as her dependants. On 25 May last year, Kathryn Brain applied for leave to remain under tier 4 of the points-based system, again with Mr Brain and her son listed as dependants. In June, this was granted to December last year. In December, an application was made for leave to remain under article 8 of the European convention on human rights—the right to a family life—which in March was refused with an out-of-country right of appeal.

In this time it has of course been open to the family to make a tier 2 skilled work application under the points-based system. On 12 April, I exceptionally extended the 28-day grace period after their leave expired, during which a valid tier 2 application could be made, to 11 May. Upon hearing that Mr Brain had submitted a job application with an appropriate employer, I subsequently extended the grace period further on 28 April to the end of this month. We have not yet received an application from the Brain family for leave to remain under the points-based system, but we will consider any application that they make. I am meeting the hon. Member for Ross, Skye and Lochaber again this afternoon, but he can be assured that the family do not face an imminent risk of immediate deportation.

More broadly, it is important to recognise the UK’s excellent post-study offer. There is no limit on the number of international graduates who can remain in the UK to take up graduate-level work, provided that they secure a graduate job paying an appropriate salary. Since 2010, visa applications from international students to study at Scottish universities are up 9%. I look forward to meeting the hon. Gentleman again later today to discuss the matter further.

[Ian Blackford]

I am grateful to the Minister for his response, although I must say that the question was to the Home Secretary. After all, it was the Home Secretary who briefed the Chancellor when he responded to my right hon. Friend the Member for Moray (Angus Robertson) at Prime Minister’s questions yesterday.

The family came to this country under the fresh talent initiative that was put in place by the previous Labour Administration in Edinburgh, with the support of the Home Office, for students studying at Scottish universities, who would then qualify for the post-study work visa. That was the commitment that this Government made to those coming to Scotland in 2011. In this case, the Government have taken retrospective action to deny the rights that this family would have been granted under that legislation. It is a breach of trust and of faith from this Government.

I want to help the Minister. The number of people who came under the fresh talent initiative has now dwindled to virtually zero. We are asking the Government to recognise the commitment that the family have made to the highlands and to Scotland. I look specifically to seven-year-old Lachlan, who is in Gaelic medium education in the highlands. He reads and writes in Gaelic, not English. He speaks English, but it is a different thing to be able to be educated in a different language. The thought of deporting that young boy back to Australia, where he will be two years behind his peer group, is shameful. That is where the human rights aspect comes in.

I can tell the Minister today that Kathryn Brain has now been offered a job at the new GlenWyvis distillery in Dingwall. It is a start-up business that will offer a job and prosperity not only to Kathryn, but to others. We need to recognise that the family should be given the right to stay today. Give them the time to qualify for the tier 2 visa. Show some compassion and humanity. All of us should be judged on our actions. For goodness’ sake, Minister, do the right thing today.

[James Brokenshire]

I have met the hon. Gentleman to discuss this case previously. He says that I should show compassion and humanity, but he will know that I have already exercised discretion not once but twice in this case on the basis of representations he has made on the family’s behalf. I obviously listened carefully to what he said, and I look forward to meeting him later to hear more about the details that he has relayed to the House this morning and to reflect further on his representations.

I want to correct slightly some of the facts that the hon. Gentleman has presented. He said that the family came here under the fresh talent scheme, which closed in 2008 and was replaced by the post-study work scheme under tier 1. The latter scheme was closed by the coalition Government and that announcement was made on 21 March 2011. From the information that I have, the Brain family arrived in the UK on 14 June 2011. There are clear issues to consider about post-study work opportunities and moving from the tier 4 study route into tier 2. I was pleased to note in the latest figures that I have seen that around 6,000 people did that in the last year for which information is available.

It is important that the Scottish Government continue to play their part in creating an enterprise economy, using their powers to create jobs and opportunities for the hon. Gentleman’s constituents and to provide a route for people who study at our universities to get graduate-level employment. The previous arrangements simply did not work. They allowed abuse to take place and resulted in people moving into low-skilled employment, not reflecting the education that they obtained. However, I wish to reflect further on the comments that the hon. Gentleman has made to me today, and I look forward to meeting him later.

[Philip Davies (Shipley) (Con)]

There is nobody more passionate about having a robust immigration policy than me, but I just wonder whether the Minister would agree that this may be a case where the Government are being too harsh on people from outside the European Union, as a direct consequence of having free movement of people from within the European Union.

[James Brokenshire]

I say to my hon. Friend that when dealing with issues of migration it is important that we take steps both outside Europe, where the majority of net migration continues to come from, and inside Europe. Therefore, our approach is to look at this in both ways, but, as I have indicated, I will certainly reflect on the further representations that are made to me.

[Sarah Champion (Rotherham) (Lab)]

First, I would like to express my heartfelt sympathy to the Brain family, who came here in good faith and have been let down by this Government. Their case is yet another that highlights the chaos of the immigration system under this Government. The Brains’ situation will be familiar to many Members in this House, who will have seen their own constituents faced with deportation owing to changes in the immigration rules. Let us be clear about what is involved here. This family came to the UK on a Government scheme specifically designed to attract people to relocate here. They entered legally, they have integrated into their community and they have fully embraced its way of life. That they should now be faced with deportation because of Government changes shows the problems caused by the constant chopping and changing of the immigration rules by the Home Office. These changes are retrospectively made, in a desperate attempt to meet targets on net migration that the Government have consistently missed and show no sign of meeting any time soon—it just adds insult to injury.

The highlands of Scotland have for centuries faced the problem of depopulation. The population of Scotland has barely grown in the past 100 years. As the right hon. Member for Moray (Angus Robertson) correctly said yesterday; the Brains’ case is not an issue of immigration, but of emigration. Our immigration system must allow us the flexibility to meet the needs of our communities. It must not focus solely on an arbitrary number put in place from Whitehall. Of course there must be rules to govern immigration, and it is important that these rules are enforced, but this is also an issue of compassion. Should we really be uprooting a young family, who came to the UK legally and in good faith, from the lives they have built here? Should we be deporting children whose whole lives have been here, to a country they barely know?

I would like to ask the Minister a few questions. Why do the Brain family no longer qualify under the original visa terms under which they came to the UK? I understand what the Minister said about extending the application process, but given that these terms were changed by the Government, what support has the Home Office provided to assist this family? Why is the Home Office making this an issue of immigration, as opposed to one of emigration, as under the original scheme?

[James Brokenshire]

I say to the hon. Lady that the help provided has been the discretion that has already been applied in this case, not once, but twice, in allowing extra time for the family to regularise their stay. It is therefore completely incorrect to suggest that we have taken a blinkered approach or have simply applied a strict one, although she has sought to criticise us for that.

On post-study work, it is important that the House understands that we made these changes not to target some simple number, but to deal with abuse in system, which this Government inherited from the last Labour Government. We had students arriving in this country who could not speak English and were using this route as a mechanism not to study but to work. We have, however, shown that we are prepared to listen in this case. In continuing to reflect on it, we have already taken representations from the hon. Member for Ross, Skye and Lochaber, who is representing his constituents. As I have indicated, that is what we will do, but I make the point that the family have known for at least five years what the requirements would be. They have known of the need to get a graduate-level job. We wish them success in securing that, and obviously I look forward to hearing further representations on this matter.

[Joanna Cherry (Edinburgh South West) (SNP)]

This case highlights the fact that Scotland’s migration needs are really very different from those of the south of England. I can assure the Minister that the Scottish National party Government in Edinburgh have created an enterprise economy. What we need now is for the UK Government to do their bit by bringing in a sensible migration policy that will enable Scotland to attract and keep the talent that we need, particularly in areas such as the highlands. When will this Government recognise that Scotland’s migration needs are different? In particular, will the Minister tell me when his Government will reintroduce the post-study work visa, bearing in mind that all parties in the Scottish Parliament, including the Ruth Davidson party, support that?

[James Brokenshire]

Our immigration policy is formed on the basis of the whole of the UK and of the needs of the UK in attracting skilled and talented people to contribute to our continued economic growth, which is what I have underlined to other hon. Members in the answers that I have given. On the shortage of skills, we do recognise and reflect on the fact that there is a separate shortage occupation list on which we prioritise the visas that are given to people coming to work in the United Kingdom. The reason we took the step that we did in relation to post-study work is that we saw abuse of it. Some have referred to the fresh talent scheme. Well, the information from the Scottish Government’s social research in 2008 indicated that only 44% of applicants had remained in Scotland at the end of their two years’ leave under the scheme and that many people had come to London and the south-east rather than staying in Scotland.

[Chris Davies (Brecon and Radnorshire) (Con)]

We have heard a great deal about the fresh talent scheme. Does my right hon. Friend agree that the fresh talent scheme that was run under the previous Labour Government was indeed flawed and did not lead to skilled migrants settling in Scotland?

--- Later in debate ---

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The Brain family enjoys support throughout the highlands and islands. I have heard of many similar cases over my years as a Member of Parliament. The Minister is absolutely right to say that we must have a system that works for the whole of the United Kingdom, but the truth of the matter is that the current system does not work for communities such as those in the highlands and islands, the rural north-west of England, Cornwall or mid-Wales. Will he look again at the way in which the rules operate and understand that the immigration needs of Aberdeen, Edinburgh and Glasgow are very different from those of the highlands and islands, which again are different from those in other regions of England and Wales?

[James Brokenshire]

The point that the right hon. Gentleman makes is one that a number of hon. Members have made this morning, and I have already said that there is recognition of that within the immigration rules. Some have asked whether there should be separate salary thresholds for different parts of the United Kingdom. Again, I say that they should be careful what they wish for, because on the median-level salaries, that might lead to an increase in the salary thresholds for Scotland as contrasted with where the national salary limits actually sit at present. I have been very clear on the fact that we have listened carefully on this specific case, and I will continue to do so.

[Keith Vaz (Leicester East) (Lab)]

The Home Affairs Committee, the Business, Innovation and Skills Committee and other Members of this House have warned the Government that the post-study work rules just do not work, and that they result in the kind of mess that we have this morning. The Minister talks about abuse, but the only evidence that has been given by a previous immigration Minister is of one person who was found at a checkout at Tesco who was working instead of being a student. I say to him that if there is abuse, deal with it, and do not let it affect genuine people who want to come to this country. The Minister says that he has exercised his discretion twice. I am glad that he has discovered discretion, because he has not used it in the past on a large number of cases—especially mine. He should exercise it once more and allow this family to stay.

[James Brokenshire]

The right hon. Gentleman highlights the abuse that we saw under the previous student arrangements. I point to the fact that 920 sponsors under the previous student arrangements have had their sponsorship withdrawn as part of the reforms, which have ensured that we have the quality that we want. We want to attract skilled and talented people to come and study at our universities. The Russell Group universities have seen a 7% increase in the number of international students coming to study at their institutions. I think I have underlined to the House this morning that I have considered this case carefully and that I have exercised discretion. I will certainly continue to listen to the representations made by the hon. Member for Ross, Skye and Lochaber, and I will always consider representations made by all hon. Members across this House, but it is important that discretion is exercised exceptionally; otherwise we start to undermine the rules themselves.

[Deidre Brock (Edinburgh North and Leith) (SNP)]

I have recently had a substantial increase in the number of people telling me that immigration lawyers will not take their case. That appears to be a result of changes in procedure, meaning that there is little chance of success even when right is on the side of the appellant. Why will not the Government take the opportunity afforded by the Brain family case to re-assess their immigration rules and procedures and introduce that note of compassion, as well as helping those who benefit our economy to stay in the UK?

[James Brokenshire]

We always keep our immigration rules under review and, as I have indicated again this morning, we are always prepared to look at cases that may be brought to us and examine them to make sure that they are assessed properly, but it is important that we have clarity within those rules. If we seek to exercise discretion all the time, obviously that starts to undermine the very rules that we are seeking to uphold.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

A week before the Scottish referendum the Prime Minister said that if Scotland wants to stay in the UK, all forms of devolution are there and all are possible, yet when at least 95% of Scotland’s MPs, the Scottish Government and the Scottish Parliament want to keep just one family in the highlands of Scotland, it seems that nothing at all is possible. Young Lachlan Brain is in a Gaelic school in Dingwall—one can hardly get a more Scottish name than Lachlan—yet the Westminster Government want to throw him out. May I ask the Minister one question: has he identified a school in Australia where Lachlan can continue his Gaelic education?

[James Brokenshire]

We continue to discuss with the Scottish Government the possibility of examining reform in relation to international higher education students. We welcome the continuation of those discussions. The UK has an excellent record in relation to the post-study offer available to graduates of Scottish universities. As I have indicated again this morning to other right hon. and hon. Members, I will continue to listen to the representations that are made in respect of this case and consider them carefully.

[Alex Cunningham (Stockton North) (Lab)]

Instead of spending time and resources on the deportation of this family, is it not time that the Home Office got its actions right and ensured that dangerous criminals such as Noureden Mallaky-Soodmand, who attacked people in Stockton, are deported after their first offence, rather than waiting for them to offend again?

[James Brokenshire]

This Government take very seriously the removal of foreign national offenders and those who pose a threat to this country. The hon. Gentleman will see from figures released today that the numbers of foreign national offenders who have been removed are at a five-year high. We continue to work across Government to achieve more, and I will reflect on the specific case that the hon. Gentleman has referred to me.

[Ms Tasmina Ahmed-Sheikh (Ochil and South Perthshire) (SNP)]

I congratulate my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) on his urgent question and commend the work of my right hon. Friends the Members for Gordon (Alex Salmond) and for Moray (Angus Robertson), and our colleagues in the Scottish Parliament and the First Minister for the attention that they are giving to this case. By his very admission at the Dispatch Box today, the Minister has made it clear that the family find themselves in their present position as a direct result of changes in the rules. It is another example of this Government’s continuing lack of attention to and understanding of the positive effect that immigration has on this country. They are allowing rhetoric on immigration to fuel the EU referendum debate. It is time for this Minister to stand up, do the right thing and prove that “Project Fear” in relation to immigration will not be allowed to win the day in the EU referendum.

[James Brokenshire]

The Government certainly do recognise the contribution that skilled and talented people from outside this country can make to our economy, and I have been very explicit about the way in which our immigration rules are designed to facilitate that. We announced the closure of the post-study work route in March 2011, which was before the family arrived. However, I will certainly continue to reflect on further representations and to consider those—and, indeed, any further application that the family may wish to make—very carefully.

[Pete Wishart (Perth and North Perthshire) (SNP)]

Does this case not confirm that UK immigration policy simply does not work for Scotland? Scotland needs families like the Brains—we need dynamic young families such as them to come to live and work in Scotland. We have different demographic challenges, and we simply do not share this Conservative Government’s obsession with immigration figures. Will the Minister at least start a conversation with us about a sub-national immigration policy throughout the United Kingdom so that we can fashion an immigration system fit for Scotland?

[James Brokenshire]

We have an immigration policy that we continue to reform to ensure that it acts in the best interests of this country. I do not accept the characterisation that the hon. Gentleman gives. We will remain open to discussions with the Scottish Government about a range of issues. We are very clear about attracting skilled and talented people. There are ways in which people can move from education into work, but it is important to have that separation to avoid the abuse that we saw in the past.

[Mr David Winnick (Walsall North) (Lab)]

Should the Minister not bear in mind two things? First, since he has come to the Dispatch Box no Conservative supporters of his have supported in any way the decision the Home Office has made. Secondly, would it not be appropriate to understand the strength of feeling that Opposition Members have expressed throughout these exchanges? It is always important to recognise when the House of Commons feels very angry and upset over a decision, and I hope the Minister will bear that in mind.

[James Brokenshire]

The only decision that is outstanding from the Home Office at this stage is the extension of time that we have given the family on two occasions to make a further application on the basis of employment in Scotland or the rest of the United Kingdom. Of course I will continue to reflect on representations, and that is precisely what I will be doing in the meeting I will hold later today with the hon. Member for Ross, Skye and Lochaber.

[Kirsten Oswald (East Renfrewshire) (SNP)]

The Government have gone back on their word—that is what has caused this problem. We hear a lot from the Government about their thoughts on one nation. Which nation does the Minister think is benefiting from this obtuse and retrospective immigration arrangement?

[James Brokenshire]

Again, I remind the hon. Lady of when the decision was announced to close the post-study work route—in March 2011—and of when the family arrived. They obviously have had many years to know what the situation is. I obviously wish them success, and I will continue to reflect on representations.

[Alan Brown (Kilmarnock and Loudoun) (SNP)]

Is it not the case that the head-shaking from those on the Government Front Bench and the fact that two of the people who were sitting there have not been able to stay for a full half-hour demonstrate the Government’s attitude? On immigration policy for the UK as a whole, is it not time to revise the £35,000 threshold? Clearly, there are wage differences regionally, so that threshold needs to be reviewed.

[James Brokenshire]

No. Again, that rule has been clearly set to show progression and, therefore, benefit to the UK economy, whether in Scotland or elsewhere. Obviously, we have provided certain exemptions in relation to certain sectors. However, I think that that rule benefits the UK.

[Peter Grant (Glenrothes) (SNP)]

Meal do naidheachd—I too congratulate my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) on the passionate way in which he has represented his entire constituency. This family are desperate to contribute to the highlands, and the highlands are desperate to keep them. What gives anyone the moral right to impose a decision on the highlands that nobody in the highlands wants?

[James Brokenshire]

Ultimately, the family need to find employment at the appropriate level. That is why I have made the points that I have about the Scottish Government and the work they do to see that there is a strong economy that is creating the jobs that actually create the environment people need to stay and work in Scotland. That is the important part of this.

[Brendan O'Hara (Argyll and Bute) (SNP)]

As an MP for a rural constituency—one that is experiencing depopulation—I am dismayed that the Government are preparing to throw out of Scotland a family who have moved into the highlands and who are contributing positively to their community. Why are the Government determined to make our depopulation problem worse by sticking to this unfair and unjust action? The rules are clearly out of date and outmoded.

[James Brokenshire]

As I have indicated, there is no immediate prospect of the family being removed from the UK, and obviously we remain open to any further application that they may wish to make. I stress the point about the ability of the Scottish Government to create the jobs and the environment needed for people to stay.

EU Migrants: National Insurance Numbers

James Brokenshire Excerpts

Thursday 12th May 2016 Commons Chamber

[John Redwood (Wokingham) (Con)]

(Urgent Question): To ask the Home Secretary to make a statement on the number of national insurance numbers issued to EU migrants.

[The Minister for Immigration (James Brokenshire)]

For years, UK migration figures have been measured independently according to agreed United Nations definitions. Today’s report by the independent Office for National Statistics is a clear endorsement of the validity of those figures. I welcome the clarity that the ONS has provided on this important issue, and am glad to have the opportunity to clear up some of the misconceptions about the figures for national insurance numbers and what those may mean for EU migration.

On 7 March this year, the Office for National Statistics published a note explaining why long-term international immigration figures could differ from the number of national insurance number registrations, concluding that the two series are likely to differ. At the same time, the ONS undertook to conduct further analysis of the issue. It has published its conclusions this morning; I stress that that is independent work carried out by an independent statistics authority. Its conclusions are clear. The ONS has now stated that the difference between the number of long-term EU migrants and the number of national insurance registrations by EU nationals can largely be accounted for by short-term EU migration to the UK, and that the independent international passenger survey remains

“the best source of information for measuring”

net migration. The ONS also says that national insurance figures are “not a good measure” of levels of migration, even if they are helpful for understanding patterns of migration.

A national insurance number can be obtained by anyone working in the UK for just a few weeks, and the ONS explains clearly that the number of national insurance registrations should not be compared with migration figures because they measure entirely different things. Short-term migrants have never been included in the long-term migration statistics, which are governed by UN definitions. There have always been short-term migrants who are not picked up in those statistics, but short-term migration will not have an impact on population growth and population pressures, as by definition short-term migrants leave the UK within 12 months of arriving.

The Government look forward to the ONS’s follow-up note later in the year, which will set out its analysis in greater detail. We must now be careful not to distort the figures following the ONS’s clear statement. I welcome its conclusions, which I hope provide reassurance to those concerned that national insurance data could suggest that the published migration statistics were inaccurate.

The Government take very seriously the need to reduce net migration to long-term sustainable levels, from the hundreds of thousands to the tens of thousands. We have taken a number of steps to achieve that, of which the Immigration Bill, which completed its parliamentary passage this week, is just the latest. Clear and accurate statistics are integral to what we are seeking to achieve. I am pleased that today the ONS has, with its normal impartiality, confirmed that the statistics based on the international passenger survey that we use have the necessary integrity and remain the best measure for understanding net migration.

[John Redwood]

I am grateful to the Minister for his statement, but does he not accept that the very popular programme of making a substantial reduction in net migration that he, I and other Conservative MPs stood on at the general election is quite impossible to honour as a promise given the Government’s own figures for migration, never mind the figures for national insurance? Migration has been running well above the maximum total that we suggested to the electorate. Does that not show that all the time we stay in the European Union we cannot control EU migration in the way we promised at the general election? Does the big difference between the national insurance numbers and the migration figures have implications that will worry Members across the House, given the impact on public services?

Over five years, 1.2 million additional people came to the UK, got a job and a national insurance number, and lived here for a considerable time, even if some of them have now departed. Those people needed doctors surgeries, school places for their children, and so on. In the past two years, an additional 1.1 million people have registered for GP services. That implies that national insurance numbers are closer to the truth, and that we need to consider those figures as well as the formal migration numbers when planning public provision.

Does the Minister share my concern that we are not offering a sufficiently good welcome in terms of GP places, health facilities and school places, and that that is putting a lot of pressure on settled communities and not offering something good to the newcomers? Does he share my wish to get a grip on that, so that we can properly plan our public services? The note that was slipped out—fortunately Mr Speaker allowed this urgent question—does not explain that discrepancy or deal with the fundamental point that if someone comes here, works and gets a national insurance number, we must provide public facilities for them.

[James Brokenshire]

I am grateful to my right hon. Friend for allowing me to clarify those points, and today’s statement from the ONS is clear. As Glen Watson, the deputy national statistician for population and public policy, said:

“We are confident the International Passenger Survey remains the best available way of measuring long-term migration to the UK.”

My right hon. Friend correctly highlighted the pressure on public services, and the Government remain committed to reducing net migration to the long-term sustainable levels that existed before the previous Labour Government. We remain focused on achieving that, which is why we have taken steps to reform the visa system and to confront illegal migration. Measures in the Immigration Bill, which the House approved earlier this week, are pivotal to that.

The ONS is clear that we should not be looking at national insurance numbers for an assessment of the pressures of migration. Some have suggested that leaving the EU will in some way deal with the migration issue, but we need only consider the examples of other countries that have decided to be outside the EU yet have free movement and pay into the EU budget. There is an idea that things would be better outside the EU, but I find it inconceivable that we would have access to the single market and not have those issues of free movement.

We must also stress the important achievements of the Prime Minister in his renegotiation, and in putting the welfare brake into effect and dealing with some of those pull factors, as well as important steps on deregulation. He secured important elements in that renegotiation for the benefit not just of the UK, but of the EU as a whole. We must grow that economy and see other European nations succeeding and creating jobs and employment in the way that this country has done. I recognise the concerns that my right hon. Friend has rightly highlighted about public services. Those issues remain a concern of this Government, but we have taken, are taking and will continue to take action to see net migration figures reduce to sustainable levels, and to address concerns about public services and the pressures on our communities.

[Rob Marris (Wolverhampton South West) (Lab)]

Unlike my notorious predecessor in Wolverhampton South West, I see some positives to immigration. The right hon. Member for Wokingham (John Redwood) prays in aid the pressure on GPs—and there are pressures—but many GPs in the United Kingdom, particularly in areas such as mine, have trained overseas and are helping our constituents. The European Union brings us jobs, prosperity and environmental benefits through shared programmes, and it increases the sovereignty and security of our country. One in five carers looking after our growing older population have come to Britain from the EU and elsewhere, and it is currently estimated that 1.2 million UK citizens are taking advantage of the free movement of labour and are working or living overseas in the EU. It is a two-way process.

On the statement from the ONS, Glen Watson said this morning:

“National Insurance number registrations are not a good indicator of long term-migration. This research shows that many people who register for National Insurance stay in the UK for less than a year, which is the minimum stay for a long-term migrant according to the internationally recognised definition.”

I am grateful to the Library for its helpful brief, dated 8 September 2015, in which it cites the HMRC national insurance manual, which says, among other things:

“Initially applicants need to make an application”—

for a national insurance number—

“by phone…They may then be required to attend an interview at a DWP JobCentrePlus office, as HMRC’s guidance explains”.

It then goes on to cite the guidance. I suspect that, like me, the right hon. Member for Wokingham, when he turned 15, got his first job and had to go in person to apply for a national insurance number. He shakes his head. That is what I had to do and that was the general system then, but perhaps he did not start work at 15 in a factory, as I did. The Government should look again at the system, rather than simply mailing out national insurance numbers. I am not advocating a change; I am advocating that they look again at the desirability of the system of face-to-face interviews for everyone.

--- Later in debate ---

[James Brokenshire]

The hon. Gentleman’s last point is obviously a matter for colleagues in the Department for Work and Pensions, and clearly we continue to assess these matters, but his key point was about the long term versus the short term. The clear statements from the ONS highlight that the right measure to look at is the long-term immigration measure through the international passenger survey data. That is the clearest way to set out the pressures of migration. The ONS has also said very clearly that national insurance numbers are not an appropriate measure of assessment for that purpose. Yes, they indicate trends or patterns, but for overall net migration numbers the international passenger survey remains conclusively the best measure we have, and it is right that the Government use it, as we have been doing consistently, in line with the UN definitions for that mechanism. I note what he says and his endorsement of the ONS’s report this morning.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Has my right hon. Friend seen the report by the London School of Economics this morning demonstrating that wages in this country have continued to rise strongly since the first flood of arrivals to this country from Poland and elsewhere, and that the fall in wages in recent years was plainly caused by the deep recession—the worst since the second world war—in 2007? This refutes other anti-immigrant arguments that some of the Brexiteers keep using in the present campaign. Does he accept that the real migrant crisis facing him and this country is the problem of how to deal, in a civilised and effective way, with the flood of people coming from war and anarchy in the middle east and north Africa, and that the problem is not Polish construction workers and Romanian nurses, who make a valuable contribution to the economic life of this country?

[James Brokenshire]

I must confess that I have not had the opportunity to see the LSE report to which my right hon. and learned Friend has referred, but I shall seek it out after I have left the Chamber. He clearly makes a strong point about the challenges we face in dealing with the migration crisis, and obviously the Government are taking clear steps, both in region and in Europe, to respond to and deal with that. On the issue of new EU members, the Government are clear on how we would use our veto if we were not satisfied with the terms on which a country was to join the EU—in terms of convergence with the economies of the EU and those issues, which we recognise, of free movement. We have that veto and will certainly use it, if we are not satisfied with the terms of entry.

[Several hon. Members rose—]

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I am indeed, Mr Speaker. I welcome the publication of the data this morning because it can only help to give us a better understanding of migration patterns, notwithstanding the fact that, on their own, I do not think that these national insurance registrations are a reliable indicator for measuring long-term international migration.

It is vital that we remember that migration is a global phenomenon, not just a European issue, and that it is very much a two-way street. In Scotland, we are all too aware that for generations migration has meant that many of our citizens have moved abroad. Even now, many of our most highly qualified young people leave to build careers in other parts of the world. I am also conscious that in some sectors of our economy we are heavily dependent on migrant labour, not least for our NHS, but for other parts of our public and private sectors. Migrant workers not only contribute to our economy, but help to anchor the jobs of the local workforce in the UK. What assessment have the Government made of the number of UK industries and UK jobs that depend on the free movement of labour within the EU? Will the Minister be forthright in dispelling myths about migration and in articulating the contribution that migrant workforces make to our economy?

[James Brokenshire]

As a Government, we have always been clear that we want to attract the skilled and the talented, the brightest and the best to contribute to the UK’s economic growth. We therefore have a very clear policy for visa nationals from outside the EU in response to that. When it comes to the EU, what we are more concerned about is the perhaps artificial draw that might come from benefits, and we also want to ensure that we have a skilled workforce in the UK to meet the needs of the economy. That explains the Government’s important work on apprenticeships through the apprenticeship levy and indeed the skills levy that we will introduce in respect of skill visas. We want to provide people from this country with the right skills to meet those needs so that we are not overly reliant on labour from outside the UK.

[Dr Liam Fox (North Somerset) (Con)]

The publication of the NI figures is simply one more confirmation that there is no chance—zero—of us fulfilling our promise to the British people to reduce immigration to the tens of thousands, unless there is a restriction on the free movement of labour within the European Union. The Minister mentioned the renegotiation, so will he tell us why the Government did not attempt in any way to get a reduction in that free movement as part of that renegotiation?

[James Brokenshire]

We remain focused on reducing net migration to those sustainable levels, and my right hon. Friend well knows that the renegotiation to which I referred brought about the welfare brake and indeed improved competitiveness across the UK by dealing with unnecessary bureaucracy. If we look at the differences between economies across the EU, we can see how that reformist agenda that the Prime Minister has championed is essential. As I have said, we are taking steps within the UK to ensure that we have the right skills for the UK workforce as well.

[Mr Dennis Skinner (Bolsover) (Lab)]

There is nothing new in an influx of east Europeans. The displaced persons system that operated immediately after the end of the second world war helped millions of people from around Europe who were without jobs and without states. I worked with many east Europeans in the pits on the basis that they were members of our union, the National Union of Mineworkers, and got paid the same money as we did. They did not undermine other workers in the traditional industries and some of them were very involved in the trade union movement. Today, however, thousands and millions of people are on the move, but the Government cannot see the possibility of doing what we did in the late ’40s by insisting on union recognition, the same pay for everybody and no undermining of workers’ rights. The net result would be no problem at all, and UK Independence party’s rise would disappear like snowflakes on an oven.

[James Brokenshire]

The hon. Gentleman has made his point in his customary colourful way, but the facts that we see before us show that national insurance numbers—which, after all, are what the urgent question was about—are not a good measure when it comes to the long-term issue of migration. The hon. Gentleman may be more interested in talking about snowflakes and union recognition, but I think that those are matters for another debate.

[Sir Edward Leigh (Gainsborough) (Con)]

I am not sure that I saw the Minister last night at the world premiere of “Brexit: The Movie”. Unfortunately, it is not a war film.

A few months ago, the Prime Minister was telling us that unless he got his way on migration, he would consider leaving the European Union. That involved a minor change in migration figures and controls. The Prime Minister now says that if we left the EU, there might indeed be a third world war. I have a graph here, so that Members can see the difference between the two figures. Does not that mismatch show that we have no idea of the net migration figure? Migration is out of control. We need to regain control of our borders, and that is what the Minister should have done by means of an emergency brake.

[James Brokenshire]

I was not at the opening night of “Brexit: The Movie” to discover whether my hon. Friend had a starring role in it, so we shall have to wait and see.

The Office for National Statistics makes very clear that, in its judgment, the passenger survey is still the right way of assessing net migration, and that is the measure that the Government will continue to use.

[Mr David Winnick (Walsall North) (Lab)]

I am very disappointed, because I came into the Chamber hoping to see conspiracy exposed over national insurance numbers, and there is no conspiracy. It has been a disappointing day.

[James Brokenshire]

I am always sorry to disappoint the hon. Gentleman. His disappointment is obviously a result of the clarity that the Office for National Statistics has provided.

[Mr Bernard Jenkin (Harwich and North Essex) (Con)]

May I remind my right hon. Friend that the report produced by the Public Administration Committee during the last Parliament cast grave doubt on the accuracy and reliability of the immigration statistics? The annual passenger survey is just that: a survey of a sample of passengers entering the United Kingdom. Those statistics may well be “the best way” of measuring our immigration, but the Committee decided that they were not a reliable way of measuring immigration, and the very large rise in national insurance numbers shows that there is something else going on.

May I also remind my right hon. Friend that the last census showed that the British population was larger by 467,000 than the Government had understood it to be, and that a very large proportion of that was due to unrecorded immigration? We do not have control over immigration into this country, because all EU citizens and their dependants have the right to come here, and the Government have no means of excluding them even if they are criminals and terrorists.

[James Brokenshire]

We do, in fact, exclude from the EU those who may be involved in criminality or terrorism, and the Prime Minister’s renegotiation has actually strengthened our ability to remove them. As for the annual passenger survey, the Office for National Statistics has made it very clear that it remains the best measure for determining net migration. The national insurance numbers do not provide such a measure. I am sure that the ONS, as an independent body, will continue to review the position and assess what improvement may be made, but today it has been specific in stating that the passenger survey is the most effective measure.

[Diana Johnson (Kingston upon Hull North) (Lab)]

Can the Minister confirm that the number of Jobcentre Plus offices that are able to issue national insurance numbers has been reduced? I have been told of someone who applied in York, only to be told that they had to travel to Hull to get a national insurance number.

[James Brokenshire]

I will write to the hon. Lady, having consulted colleagues from the Department for Work and Pensions.

[Mr Speaker]

I call Sir Gerald Howarth. [Interruption.] I thought that the knight from Hampshire was standing. Never mind. We will hear from the hon. Gentleman on another occasion, I feel sure. I call Mr Damian Green.

[Damian Green (Ashford) (Con)]

This is going to be a slightly different question from the one you were expecting, Mr Speaker. I am delighted that the Office for National Statistics has published this report to bust the myth that these national insurance numbers expose something about the immigration system. The report states explicitly that the main contributors to these national insurance numbers are people who are here for less than a year and will therefore not be included in the Government’s immigration targets and have nothing whatever to do with them. To be kind to those who are arguing the case for Brexit, I think they believe that short-term migrants are as bad as long-term migrants in many cases. That being the case, will the Minister acknowledge that many groups of short-term migrants—including 27,000 teachers, 28,000 care workers and 60,000 seasonal workers in the farming industry—do tremendous things for this country, both in our public services and in the private sector?

[James Brokenshire]

I am grateful to my right hon. Friend for making that clear point. He recognises, as I do, the benefit that we gain from the short-term migration of EU workers. Others who fall into that category include students on short-term courses, short-term contractors and, as he has pointed out, seasonal workers. The point is that this migration is short term: those people leave and therefore do not contribute to the long-term pressures.

[Greg Mulholland (Leeds North West) (LD)]

Is it not the case that national insurance numbers that have been issued are not subsequently removed? Has the Minister made an estimate of how many of the numbers relate to people who are no longer here? Will he also gently ask the Brexit campaign not to descend into dog-whistle politics over immigration?

[James Brokenshire]

It is important that we focus on the issues at hand this morning—namely, the national insurance numbers and the best measure for assessing long-term migration. That is what the Office for National Statistics has clearly set out, and that is the issue that we should focus on. The hon. Gentleman makes an important point about the national insurance number system, but clearly that is not the best mechanism for assessing the overall impact.

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

These figures clearly lay bare the fact that the Government are powerless to control EU immigration for the benefit of our public services. How do the Government justify our present immigration system, which unfairly discriminates against economic migrants from outside the EU? Would it not be better, on leaving the EU, to design a fairer immigration policy with a level playing field for nationals of all countries, some of whom might be better qualified?

[James Brokenshire]

I will leave it to the hon. Gentleman to make the case for having a visa system for all EU nationals, which is what he appears to be suggesting. The Government have a clear approach to controlling migration from outside the EU through our skills-based visas and through other routes, as well as to dealing with the pressures that we have highlighted, with economic competitiveness and with draws such as the welfare system.

[Jim Shannon (Strangford) (DUP)]

With discrepancies of 1.2 million national insurance numbers being reported, and with EU immigration increasing, it has become harder to tell whether new arrivals will stay for just a few months or for more than a year. This means that passengers from the EU who want to live permanently in Britain might have been incorrectly designated as visitors. What has been done to ensure that people coming from the EU are correctly identified, particularly in these difficult times when accurate figures are vital and being transparent is key to creating trust among the British people?

[James Brokenshire]

I agree with the hon. Gentleman’s point about the need for clarity and certainty in relation to the numbers. We have looked to the Office for National Statistics, which operates independently of me, of the Home Office and of other Government Departments, to give us that clarity. It has judged that the international passenger survey is the best and most appropriate measure for that, and it continues to review, as it does from time to time, how best to ensure that it captures effective data from its interviews and how those data are extrapolated to produce its quarterly numbers.

[John Glen (Salisbury) (Con)]

I recognise what the Minister has said about the reliability of the national insurance figures as a measure of immigration, but he must accept that there is significant uncertainty and ambiguity in the perception of the complete picture. Given the significant pressure on public services, I urge the Minister to respond to those concerns and perhaps outline what he thinks could be done to provide a more balanced overall picture of immigration and to address the grave concerns out there.

[James Brokenshire]

Obviously, one of the key elements is that we need a strong economy to be able to support our public services. As for the pressures on particular communities, the Government are introducing a controlling migration fund to assist those that may be specifically affected by population increases linked to migration, and we will continue with reforms to control migration.

[Mark Durkan (Foyle) (SDLP)]

The Minister knows that I represent a border constituency with a natural hinterland. I have constituents who cannot get national insurance numbers. They have worked in the south and are pensioned from the south, but they pay tax in the UK and have been issued with UK tax numbers under double taxation rules. However, they cannot get national insurance numbers. Can the Minister assure me that the sensitivity around the statistics and the nonsense about EU migrants are not factors in their predicament?

[James Brokenshire]

I will certainly ensure that his comments about people’s ability to obtain national insurance numbers are passed on to colleagues at the Department for Work and Pensions. I point the hon. Gentleman to the ONS’s clear statement on the lack of a connection between national insurance numbers and long-term migration and to what I have already indicated about the best measures.

[Mr Peter Bone (Wellingborough) (Con)]

It is quite clear from the Minister’s answer to the urgent question that there are more EU migrants here at any one time than was previously thought. That is now not in doubt. I suspect that the Minister is a good poker player, because he can clearly bluff and misrepresent the facts.

--- Later in debate ---

[James Brokenshire]

I am always grateful for advice from my hon. Friend on a range of issues, but I am sorry to disappoint him that we differ in our positions on the EU. The UK will be stronger, more secure and better off by remaining in the EU.

[Bob Blackman (Harrow East) (Con)]

My hon. Friend has given an exposition of the position. However, there is clearly large-scale EU migration to this country by people who want to work, and our public services and many of our service industries depend on those people coming to do those jobs. In my constituency, the number of EU nationals has grown from 1,000 in 2010 to 10,000 in just five years. It cannot be said that that is not a long-term trend, because it clearly is. At the same time, when it comes to people from the Commonwealth, some of my constituents cannot get their relatives in and businesses cannot get skilled people in to do jobs that are required.

[James Brokenshire]

Clearly, the net migration statistics show the challenges that remain in relation to both EU and non-EU migration, and how those numbers continue to be much higher than we want them to be. That is why we continue on our reform agenda. On visas from outside the EU, we have the shortage occupation list to prioritise those skills that are particularly needed, so that visas can be granted where there are gaps.

[Marcus Fysh (Yeovil) (Con)]

The statistics published today show that the number of national insurance numbers has risen exponentially since 2003, from just over 100,000 to 700,000. I do not believe that what the Minister has said about the data clarifying the issue is the case, because there is a variation in the estimate for the short-term element of more than 200,000. The Government think that, over the next 14 years, 3 million more people will come here from the EU to settle on a long-term basis—at current rates, the figure will be 5 million. This has a tremendous impact in every constituency, including mine, on housing, jobs and services. I just ask: do the Government not care about that?

[Mr Speaker]

Order. May I gently point out that listening to and observing our proceedings today are quite a large number of schoolchildren? If they asked questions in class that are as long as the questions we are getting today, they would probably be put in detention.

[James Brokenshire]

I certainly would not want to end up in detention, so I shall try to be as brief as I can in my answer. Let me direct my hon. Friend to the report, as it says that short-term migration to the UK

“largely accounts for the recent differences”

on the number of long-term migrants and that the international passenger survey is the “best source of information”. Clearly, we care about pressure on public services, which is why I have consistently made the point during this urgent question about the continued reforms that the Government are making to control migration.

[Chris Heaton-Harris (Daventry) (Con)]

That last question warranted not a detention but a gold star. I am a great believer that the waves of migration that our country has had have been unbelievably beneficial for the country I am proud to represent in this place. However, I am disappointed with the Government, because on 10 March I asked for these numbers to be released and yet for some reason, through the cloak and daggers and smoke-filled rooms behind different Ministries, these supposedly benign figures could not be released at that point. Why was that?

[James Brokenshire]

A clear amount of detailed work has been conducted by the ONS to produce today’s report, drawing together different information from the Department for Work and Pensions, Her Majesty’s Revenue and Customs and its own assessment. I hope my hon. Friend will recognise that the report comes independently from the ONS, in order to give that assurance and clarity, which I think it does give.

[Henry Smith (Crawley) (Con)]

Is the IPS not, by definition, random and self-selecting? Is not the best way to measure the number of people in this country to ensure that passports or identity cards are swiped on the way into it and on exiting it?

[James Brokenshire]

The ONS clearly says that the IPS is the best measure available to assess our long-term net migration numbers. We will continue to see how issues such as the availability of exit check data may help to enrich and support the ONS’s analysis, but its report’s conclusions today make it clear that the IPS remains the best measure.

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

National insurance numbers are obtained only by those who want to work legally and pay their tax or claim benefits. Inevitably, some EU nationals will be in the UK working illegally. What assessment has the Minister made of the number of EU nationals working cash in hand without a national insurance number, taking the jobs of our constituents? What is he doing to prevent illegal working by EU nationals?

[James Brokenshire]

My hon. Friend makes an important point about illegal working. It is why the new Immigration Bill, which we have been debating this week, includes new measures to target those engaging workers who do not have those rights to be here. Indeed, we will continue to work across government with Her Majesty’s Revenue and Customs and the Department for Work and Pensions to better identify those who are not complying with the rules and to take firm action against them.

[Tom Pursglove (Corby) (Con)]

What assessment have Ministers made of future EU enlargement on these statistics in the years ahead, particularly given that those Ministers support Turkish accession?

[James Brokenshire]

There is no prospect of Turkey joining the EU any time soon. It needs to undertake significant steps as part of reform of a range of different elements, so that issue is not relevant to this. Again, let me underline how the Government will use their veto against any new country seeking to join the EU if they are not satisfied with the terms of that, particularly in relation to convergence and the impact that that would have on labour markets across the EU.

[Matt Warman (Boston and Skegness) (Con)]

In my constituency, Boston has seen the highest level of eastern European migration anywhere in the UK, driven largely by seasonal work. I agree with the Minister that NI numbers would be a terrible way of measuring migration in an area such as mine, but does he agree that, in areas that have seen unusual concentrations of migration, we do need a better way of measuring migration if we are adequately to plan for public services?

[James Brokenshire]

Although I entirely recognise the point that my hon. Friend makes about the particular pressures that certain areas in the UK have experienced as a consequence of migration, I also recognise the benefits that are attached in terms of the contribution to our economy. It is why we are seeking to introduce the controlling migration fund, which will assist areas that are experiencing that growth in population linked to migration.

[Mr Steve Baker (Wycombe) (Con)]

The Government’s case rests on ignoring the arguments set out by my right hon. Friend the former Secretary of State for Work and Pensions earlier this week, particularly in relation to people shuttling to and fro for a few months at a time. That is a problem that the Minister’s case would ignore by looking at the passenger service. If he will not listen to my right hon. Friend, will he at least listen to Lord Rose, the chairman of the pro-EU Britain Stronger in Europe campaign, who told the Treasury Committee that the wages of the lowest paid would rise if we left the EU and took control of migration?

[James Brokenshire]

I point my hon. Friend not only to the contribution that those who arrive here make to our economy—it is a net contribution of around £2.5 billion—and how important it is for our economy, but to the steps that we are taking to reduce those artificial pull factors. We need to focus not just on those pressures in our local areas, but on how we get the right skills for our economy to ensure that we are giving young people in this country the best opportunity, which is precisely what our apprenticeships programme is all about.

[Martin Vickers (Cleethorpes) (Con)]

The Minister has sought to defend the Government’s position by continually referring to short-term workers, but will he acknowledge that short-term workers are replaced by further short-term workers, and therefore the pressure on our public services is continuous, as are the diminished opportunities for UK citizens to get those jobs.

[James Brokenshire]

Assessing the pressure on the population is about long-term net migration. That is the clear measure that we use, and that is the UN definition. It remains absolutely the appropriate way to assess those issues in respect of the potential growth in population and it is why we do remain focused on the measure that the ONS has clearly set out today, which is the passenger survey, and that assessment of long-term net migration.

Child Refugee Resettlement

James Brokenshire Excerpts

Tuesday 10th May 2016 Commons Chamber

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

(Urgent Question): To ask the Home Secretary if she will make a statement on the resettlement of child refugees and the implementation of the Dubs amendment.

[The Minister for Immigration (James Brokenshire)]

As I said last night, the Government are at the forefront of assisting and protecting vulnerable children wherever they are. As the House is aware, last week the Prime Minister said that we would work with local authorities on plans to resettle unaccompanied children from France, Greece and Italy. We have said that we expect the first children to arrive before the end of the year; we have not said that it will take until the end of the year for them to arrive. As I made clear to the House, we are working hard to ensure that isolated children are reunited with family and that children at risk of exploitation and abuse come to the UK as quickly as possible, but we have to be satisfied that they will receive appropriate care and support when they arrive.

The revised Dubs amendment to the Immigration Bill obliges us to consult local authorities. We must ensure that we fulfil our obligations to children who are already in the UK, as well ensuring that we have the right support for those who may be brought to the UK from Europe. The provisions in the Bill, by their nature, mean that we have to consult others before finalising our plans, but that does not imply that we will delay getting on with this. We will be contacting council leaders in the coming days, and I have already spoken to the Local Government Association about the matter.

We have always been clear that we must do nothing that inadvertently creates a situation in which families see an advantage in sending children ahead and putting their lives at risk by attempting perilous journeys to Europe. That is why only those who were present in the EU before 20 March will be eligible for resettlement, and only when it is in their best interests to come to the UK. That will avoid creating a perverse incentive for families to entrust their children to people traffickers.

We have already started to consult relevant non-governmental organisations, the United Nations High Commissioner for Refugees, UNICEF and member states on how best to implement the legislation. Last Friday, I met the Greek Government in Athens to discuss how we can make progress quickly. We are already working to identify those whom we can help. We have an ongoing plan with France to improve our joint response to children in Calais. We have accepted more than 30 transfer requests since February, and more than 20 have already arrived. We will work with France over the coming days and weeks to increase the identification of children in France who have family here so that we can bring them over.

In addition, the UK has played its full part in supporting European neighbours to provide support to those who have arrived. We have provided nearly £46 million of funding to the Europe-wide response to help the most vulnerable, including children and infants. In addition, the £10 million Department for International Development fund that was announced on 28 January will support the UNHCR, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children. That is on top of our Syrian resettlement programme and the children at risk resettlement scheme, which is designed to resettle up to 3,000 children at risk from the middle east and north Africa where that is deemed to be in their best interests. The Government remain committed to making a full contribution to the global refugee crisis.

We are already acting to implement the amendment. We have started discussions with local government. We have begun work with European partners and NGOs to support effective implementation, and we will bring refugee children to the UK as quickly as is safe. I am proud that the commitment of this country and this Government to help those in need, both within and outside Europe, withstands comparison with that of any other country in the world.

[Yvette Cooper]

I have asked this urgent question because, at the end of the debate last night, the hon. Member for Westmorland and Lonsdale (Tim Farron) raised the evidence that No. 10 had briefed that we would not see the first children arrive in Britain until the end of the year, which is in seven months’ time. That is in contrast with the urgency we heard from the Minister in yesterday’s debate. It is so frustrating to hear warm words and commitment, while at the same time No. 10 seems to be dragging its feet. To take the first children only by the end of the year is simply not good enough.

Let us look at the processes that should already be in place. For those who have family in the UK, the Government are processing only three to four cases a week at the moment, but more than 100 cases are pending. We need proper transparency and targets in relation to those who have family in the UK. Why will the Minister still not answer my parliamentary questions on how many applications have been made to the Home Office? Why is he still refusing to answer my freedom of information requests on how many Dublin III applications have been made? Why, if they are acting with such urgency, are the Government refusing to provide us with such information? We know that Help Refugees, Citizens UK and the Red Cross already have details of children in Europe who have family in this country who we could bring over now. UNICEF said yesterday:

“With the political will, these children could have their cases processed and be here in time to be packing their pencil cases for the new school year in September.”

Why will the Government not make a commitment at least to clear all the family cases already in the system by the time we get to the summer holidays?

As for the wider scheme, I still do not see why it will take seven months. Under pressure, the Government managed to bring in 1,000 refugees under the original Syrian refugee scheme—all tribute to them for doing so—in three months. The Canadian Government managed to take in 25,000 refugees in the space of three months. Children are at risk right now, so why will the Minister not make a commitment to accelerate the wider scheme as well? Has he even spoken to the independent schools, given that we know that 11-year-olds are still sleeping in tents in Calais on their own and 14-year-olds who want to be surgeons have been out of school for two years? Teenage boys who have been abused are at risk of being abused again, and teenage girls cannot escape from forced marriages because there is no support for them to do so. Greece and Italy do not tell the children, “Stay on the boats until we have sorted it out.” Seven months may be very fast for a bureaucrat, but it is a very long time for a child. I urge the Minister to accept the bishops’ target of taking 300 children by the beginning of the next school year. I urge him to do so.

[James Brokenshire]

I again underline what I said in my response to the right hon. Lady’s urgent question: we intend to make progress during the course of this year and the first children will therefore arrive before the end of this year, but that does not mean it will take seven months. As I think she will recognise from everything I have said last night and today, we are making quick progress in implementing the provisions in the Dubs amendment to the Immigration Bill. What the Prime Minister’s spokesperson has said is entirely consistent with what the Prime Minister said in accepting the Dubs amendment at Prime Minister’s questions last Wednesday. I want to be absolutely explicit and crystal clear in relation to that.

The right hon. Lady refers to what is happening in Calais in France. As I have already said, we are continuing to work quickly with the French Government to speed up the processes. We have already taken steps to do so in terms of the existing arrangements. Clearly, there is a renewed focus given our acceptance of the Dubs amendment to the Immigration Bill. I absolutely want to use that as a means of speeding up and making more effective the processing of those with links to family in the UK. Vulnerable children can then be reunited with their extended family in the UK, which is in their best interests, and will no longer be isolated in France, Italy or Greece.

The right hon. Lady should look at how we have approached the vulnerable persons resettlement scheme—we have got on with it. I pay tribute to the work of my hon. Friend the Under-Secretary of State for Refugees. Once we have stated our commitments, we get on with the practical implementation. We are doing that already, even though the Bill has not received Royal Assent.

We will continue in the days ahead to have those discussions within Government and with all the parties involved, so that we can make progress quickly and see that children who have family here and who are in need of support because of their vulnerability to exploitation come to the UK. I need to consult properly with local authorities in the spirit and the letter of the legislation. That is what we are doing and we will get on with it.

[Several hon. Members rose—]

[Mr Philip Hollobone (Kettering) (Con)]

Britain is being generous in its support for refugees in the region and for vulnerable people coming to this country, but because human traffickers are evil people who will exploit any opportunity for their vile trade there is a big danger that the message will go out from them: “Britain is open now to child refugees. Send us your children. We will take them to Britain.” What can Her Majesty’s Government do to ensure that we provide the support that is needed, but do not send the signal that more child refugees should start to make their way to Europe?

[James Brokenshire]

In implementing this policy, we are very conscious of the way in which people traffickers and smugglers can twist and interpret the statements that we make. I know that no one in this House would want to see more children lose their lives in the Mediterranean sea or in the Aegean, which has, sadly, been a consequence of these people trading in human misery. I assure my hon. Friend that we take this issue seriously. The best interests of the child are at the forefront of our activity. We will continue to underline the message that this scheme is for children who were in Europe prior to 20 March, so that it cannot be open to that misinterpretation.

[Keir Starmer (Holborn and St Pancras) (Lab)]

Yesterday’s debate was very much about how the Government came to accept the final Dubs amendment. Today is clearly about the what and where we go from here. I am glad that this urgent question was granted, because there was an apparent discrepancy between the approach the Minister outlined yesterday and what The Daily Telegraph reported this morning had been briefed from No. 10. The Minister has dealt with that.

The resettlement scheme has expanded over time. It started as a scheme to support, rather than take, refugees. It was expanded to include victims of sexual violence, then 20,000 people over five years, and then 3,000 children and families from the region. It has now been expanded by the final Dubs amendment. In fairness, where the Government have accepted the spirit of the expansion, the scheme works well. I have seen the resettlement of families in Glasgow and Colchester, where the scheme works very well. This next iteration is a challenge, but there is a huge prize if we get it right, particularly as it involves very vulnerable children who are here in Europe right here, right now.

I have some questions for the Minister. If the discussions have started, as he suggests, there must be an idea of the numbers, because there cannot be meaningful discussions unless there is some idea of how many children are involved. What is the broad number that the Government are looking at? The original Dubs amendment included a figure of 3,000. What figure are the Government at least discussing at the moment?

The second question is when. I absolutely agree that seven months is too long for children. There is an urgency here. We are all focused on the 10,000 children who according to Europol have gone missing. Those children are very vulnerable and in great danger. Seven months is a very long time in the life of a child, especially one who has gone through such circumstances.

Finally, what are the funding arrangements? It strikes me that the current scheme is working well because resources are being provided to local authorities and others to make sure that it beds in and that families are supported and welcomed and have the resources and facilities that they need.

What are the numbers, when will the children arrive and what are the funding arrangements?

[James Brokenshire]

I thank the hon. and learned Gentleman for his comments on how we have sought to implement the scheme. As I have already indicated, we intend to follow the same approach in taking these measures forward and effecting them appropriately, with the best interests of the child in place. We are not looking to delay, and I hope we will make positive progress in the months ahead.

On numbers, the hon. and learned Gentleman will be aware that the amendment, which is now part of the Immigration Bill, says that we need to consult local authorities to establish what is termed the “specified number”. Although I recognise the desire for clarity, it is important to have that consultation first, to meet the requirements of the legislation. I do not want to prejudge the consultation but to get the numbers from it.

As for when, that will clearly be informed by the consultation, but, as I have indicated, we are not looking to delay. We want to make progress quickly in the weeks and months ahead. We are discussing funding across Government. The hon. and learned Gentleman will be aware that unaccompanied asylum-seeking children are already funded when they arrive in the UK, and there are clear funding arrangements for local authorities. We need to be cognisant of that. We will look closely at implementing the scheme in a manner consistent with a number of existing arrangements.

[Heidi Allen (South Cambridgeshire) (Con)]

This morning we are being challenged on the speed of the scheme. We have asked an awful lot of the Government and they have delivered; I am very proud that they have listened to us. I understand that turning passion and heart into practical steps takes time and co-ordination with other bodies. I would much rather encourage Ministers than berate them, and ask, for example, what can I do? What can we do as MPs to speed things up so that Ministers are not on their own in delivering this scheme?

[James Brokenshire]

I am grateful to my hon. Friend for highlighting the contribution that can be made. An example could be to have discussions with local authorities about capacity issues within the system, the availability of fostering and other support that may be provided. Indeed—as we have sought to do in implementing the vulnerable persons resettlement scheme—we should harness and channel offers of goodwill and support positive implementation, so that when children arrive they have the care, support and assistance that all Members of this House would want to see.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Scottish National party welcomes the Government’s change of position on this issue, as we did last night. We very much support the idea that efforts should be made to get these children here as quickly as possible. We are concerned, however, about the funding arrangements for local authorities. I asked the Minister about that in the debate last night, and the hon. and learned Member for Holborn and St Pancras (Keir Starmer) has asked him, but we have not had a clear answer. Rather than simply describing the current arrangements, will the Minister give us more detail? Local authorities in Scotland are considering how to respond to the particular challenge of dealing with vulnerable unaccompanied children. They have already responded admirably to the Syrian resettlement scheme, and as a result have received 700 refugees since October—more are arriving each month—but there is particular concern about how the children are to be supported.

Along with the Local Government Association, the Convention of Scottish Local Authorities has been encouraging the UK Government to ensure that the resettlement of unaccompanied children is adequately resourced, in the same way as the Syrian resettlement scheme, but taking into account the particular demands of vulnerable unaccompanied children. Will the Minister give a commitment that the scheme will be properly funded, and will he give us some idea of what he is going to do about funding it rather than simply describing existing arrangements?

[James Brokenshire]

It is important to recognise that we are likely to be dealing with two distinct groups. First, there are those with extended family within the UK. As they already have family here, the pressures that might otherwise be felt—on fostering, for example—will be different from those that relate to children who are being resettled on the basis of their risk of exploitation or abuse. We need to discuss those details with local government, as well as with the different Governments with whom we are engaging. Funding is linked to that, which is why we need to hold those conversations. The Home Office already provides funding for unaccompanied asylum-seeking children, and I assure the hon. and learned Lady that we will be talking to the Scottish Government, and to local authorities in Scotland as well as in England, Wales and Northern Ireland, so that this is seen as a contribution that we are making as the United Kingdom.

[Mr Stewart Jackson (Peterborough) (Con)]

I thank my right hon. Friend for his clear enunciation of Government policy, and this must be seen within the context of the wider refugee crisis. He will know that in September last year, the Prime Minister gave an undertaking that cognisance would be taken of religious persecution in the middle east, and the systematic slaughter of Coptic Christians, Yazidis and the wider Christian community. Will he reassure the House that a methodology will be put in place to take those issues on board when considering the settlement of child refugees?

[James Brokenshire]

My hon. Friend takes me to the implementation of the “children at risk” resettlement scheme, and the new arrangement under which 3,000 people from the region around Syria will be resettled over the next four years. That is not focused specifically on Syrian nationals; all nationals will fall within its scope, which I hope reassures my hon. Friend of the Government’s continuing commitment.

[Fiona Mactaggart (Slough) (Lab)]

On 14 April I asked the Minister how many children in France who had applied for asylum or family reunion had been admitted to the UK, and he told me that the data are not held in a way that allows them to be reported on automatically. I am certain that in preparation for last night’s debate and today’s urgent question, he is aware of those data. Will he tell the House how many children with family have already been admitted, how many have applied, and whether those children with family who have leave to remain in the UK can be admitted before the school term starts in September?

[James Brokenshire]

As I said in my opening statement, we have accepted more than 30 transfer requests since February, and more than 20 children have already arrived. We will continue to work closely with the French Government over further transfer requests, and to support them with the identification of children who are not already in the system. On transparency, I will be looking carefully at how we can update the public and the House on our progress, just as we have done for the vulnerable persons resettlement scheme.

[Wendy Morton (Aldridge-Brownhills) (Con)]

I am grateful to the Minister for coming to the Chamber today and for all his work. I am also grateful to the Under-Secretary of State for Refugees, my hon. Friend the Member for Watford (Richard Harrington) and those in the Department for International Development who have helped to deal with this crisis, which keeps going on and on. It is important to ensure that the right support is in place for these children when they come to this country, but does the Minister agree that we must also ensure that we do not play any part in encouraging people trafficking, or in encouraging children to make that perilous journey across the Mediterranean?

[James Brokenshire]

I entirely agree with my hon. Friend, which is why the programme will apply only to children who were registered in the EU prior to 20 March when the EU-Turkey deal came into effect. We must be careful not to add to an already difficult problem, and ensure that we send out that clear message to confront people traffickers and those who seek to exploit children.

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

How quickly does the Minister think that the authorities should be able to turn around a case involving a vulnerable child in the European Union who has links to the UK, so that they can be provided with sanctuary? Should they be granted five-year humanitarian protection when they arrive? We do not need placatory words from the Minister; we need a decisive action plan with a clear timetable. [Interruption.]

[Mr Speaker]

Order. There would be no discourtesy if the right hon. Member for Slough (Fiona Mactaggart) felt the need to leave the Chamber to put her device in order. She mentioned that she thought her phone was switched off, but in my experience, the right hon. Lady is never switched off.

[James Brokenshire]

Thank you, Mr Speaker. As I said last night, we are carefully analysing the nature of the grant of leave that should be given, and there is a distinction between those who are joining family, and those who are being resettled because of vulnerability. We are holding conversations with the UNHCR to ensure that we strike the right balance, and reflect on what we have done for other schemes, such as the vulnerable persons resettlement scheme where a five-year grant is given.

[Will Quince (Colchester) (Con)]

I very much welcome the Minister’s statement. I pay tribute to him for all his hard work on this matter and for the work he continues to do. Colchester stands ready to play its part, as we have done in the past and look forward to doing in the future. I urge him to do all he can to speed up the process and ensure we help as many of the vulnerable, unaccompanied children as possible, as soon as possible.

[James Brokenshire]

I am grateful to my hon. Friend for the commitment he gives on behalf of Colchester. We will follow up on all offers of support from local authorities. As I indicated, we have already contacted the Local Government Association, and we will be making contacts through strategic migration partnerships and with local authorities directly. We will be getting on with this.

[Mr Dennis Skinner (Bolsover) (Lab)]

The Government seem to give the impression that for people coming to Britain there is a very fast track and a very slow track, which is exemplified today with vulnerable children. People in my constituency believe the fast track is when Mike Ashley of Sports Direct sends for 500 agency workers to work on zero-hours contracts and they are here in the flash of an eye. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has been at the forefront of the campaign to try to get these vulnerable children in. Let us have a little bit more energy on the slow track!

[James Brokenshire]

I fear the hon. Gentleman may have strayed into the wrong debate. We have shown our commitment clearly through our work on the vulnerable person resettlement scheme and by taking firm action so that children and vulnerable adults come to this country quickly, while dealing with safeguarding and the best interests of the child. I will take no lectures from the hon. Gentleman.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

I commend the Minister for the huge effort he and his team at the Home Office have put in. I have a specific question from the many people in Northumberland who are keen to help. They have shown a real willingness to be a part of the scheme to bring in the most vulnerable children who need protection. How can they become foster carers and ensure that they are able to take all children in need, as well as the many children in Northumberland who already need a home?

[James Brokenshire]

The Children’s Minister, my hon. Friend the Member for Crewe and Nantwich (Edward Timpson) is sitting alongside me on the Government Front Bench. He and I recognise that there is a further opportunity to encourage people to come forward to become foster parents. It takes about nine months to train as a foster parent. On teenagers and issues of specific vulnerability, if people can come forward to their local councils and say that they want to become a foster parent, that would do an awful lot to assist not just with the implementation of this scheme but with ensuring vulnerable children in this country receive the love, care and assistance we all want them to receive.

[Liz Saville Roberts (Dwyfor Meirionnydd) (PC)]

Wales is waiting to welcome refugee children. Will the Minister commit to working with the Children’s Commissioner for Wales to ensure that she is properly empowered to support refugee children and Welsh local authorities without delay?

[James Brokenshire]

As I have indicated, we want our response to reflect the whole of the United Kingdom, including Wales, Scotland and Northern Ireland. I will certainly commit to contacting all relevant agencies in all the countries of the UK to give effect to that.

[Martin Vickers (Cleethorpes) (Con)]

It is clearly important that we treat as a matter of urgency the arrangements for these children. However, as the recent bombing of the Syrian refugee camp has shown, we must not lose sight of the main thrust of Government policy, which is to bring people from those dangerous camps. Will the Minister reassure the House that that remains the thrust of Government policy?

[James Brokenshire]

We are very clear that we believe we can make the biggest difference in the region, which is why we have committed £2.3 billion of aid and focused on resettlement schemes from the region. Peace and stability in Syria and the extended area are therefore absolutely pivotal. We recognise the needs of children in Europe, which is why we have already acted and why we are taking further action through the steps we are now outlining.

[Paul Flynn (Newport West) (Lab)]

The poorest areas in this country, whose services are already overburdened, take a grotesquely disproportionately high number of asylum seekers, while rich areas, including the constituencies of the Prime Minister, the Chancellor and the Home Secretary, take none. What are we going to do to improve public acceptability so that more children can be brought into places of refuge and to ensure that the system is fair? It is a question not just of money but of capacity. This great burden is being taken on by the areas that are poorest and least able to cope with large increases in the number of asylum seekers.

[James Brokenshire]

The hon. Gentleman needs to recognise the significant pressures that counties such as Kent and others have been experiencing in dealing with unaccompanied asylum-seeking children. He makes a broader point about asylum dispersal. We have around 100 councils that fall within the dispersal zones and are in conversation with 20-plus about extending the numbers. I hope, however, that he will recognise the new provisions in the Immigration Bill for a statutory underpinning of a dispersal mechanism for unaccompanied asylum-seeking children to ensure a more even sharing of the requirements across the whole UK.

[Kelly Tolhurst (Rochester and Strood) (Con)]

I, too, thank the Minister for his comments and his hard work over many months—not just in recent times. I am glad we are focusing on putting the right resources in place on the ground, but will he assure me that areas and counties such as Kent and Medway, which have experienced pressures over the last 12 months, will not be pressured to take further young people, given their existing burden?

[James Brokenshire]

I am very aware, from my discussions with the leader of the council and other hon. Members, of the pressures that Kent has experienced over many months. I can assure my hon. Friend that the new mechanisms and statutory underpinning of a national dispersal arrangement for unaccompanied asylum-seeking children will address those pressures and ensure that Kent and other councils experiencing such pressures are not overburdened, as they have been.

[Diana Johnson (Kingston upon Hull North) (Lab)]

I commend the excellent work of my right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) in leading the campaign on this issue and welcome the Government’s new approach, but may I ask the Minister, who has talked about transparency, why he has refused to answer my right hon. Friend’s parliamentary questions and the freedom of information request? In particular, we want to know the number of applications being made so that we can judge how quickly the Government are acting.

[James Brokenshire]

I have already provided the House with information this morning about children who have arrived in the UK and those applications accepted as “take charge” requests, and I will reflect further on what data can be provided, but clearly we are reliant on the French Government in relation to assessment. One key issue is the identification of children in the camps in Calais and Dunkirk. We are engaged in that work with the French Government in order to help achieve that.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I commend the Minister for his significant and long-standing commitment—it did not just start with the consideration of the Dubs amendment—to work for the best interests of lone children. Can he confirm that the lead he is taking in relation to additional expertise in Calais and the imminent dispatch of 75 experts to Greece is resulting in family reunions being expedited and that that will continue in the coming weeks? On transparency, can the results be published alongside the quarterly statistics?

[James Brokenshire]

As I have just indicated, I will consider further what information can be provided so that people can assess how the Government are progressing. When I was in Athens on Friday, I discussed directly how the experts we wanted to be deployed in the coming weeks could be used effectively and could bring a focus on issues of vulnerability, exploitation and support for vulnerable children.

[Alison McGovern (Wirral South) (Lab)]

The Minister says that we cannot get 300 children here in time for the start of the school term because he needs to consult local authorities, but that is why, a calendar month ago in the House, following my conversations with leaders on Merseyside, I asked him whether he had spoken to local authority leaders about educational needs for children coming here. He said then that he had, so will he confirm that consultation with local authorities started at least a month ago?

[James Brokenshire]

If the hon. Lady looks at the legislation—the amendment was approved last night—she will find that it imposes a legal duty on the Government to carry out that consultation on the basis of the revised arrangements on resettlement from Europe that we have accepted. We need to look closely at that. It extends from the work on child resettlement from the region. There are pressures on fostering, children’s centres, mental health and other facilities. We want to get this right, but there should be no imputation that we are delaying in doing so.

[Kevin Foster (Torbay) (Con)]

I have been contacted by constituents about this issue, as have many other Members. Some have said that they would be prepared to provide a placement for one of the refugees being resettled in this country. What work will be done to take up some of those offers? If they are not suitable for this programme, will the Minister consider whether they might be suitable for wider fostering placements, given the need for them?

[James Brokenshire]

I thank my hon. Friend and others for indicating the support from their communities. My hon. Friend may be interested to know that we continue to work closely on this. The Under-Secretary of State for Refugees, my hon. Friend the Member for Watford (Richard Harrington) and the Home Secretary are looking closely at the community sponsorship mechanism that might provide new means for recognising children and others fleeing persecution who might be able to come to this country. I hope to be able to update the House on this shortly.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

rose—

--- Later in debate ---

[James Brokenshire]

I have already responded and made it clear that we will make progress during the course of the year. That does not mean that we are waiting seven months to do so. I underline that very clear message once again. I appreciate the desire for clarification on numbers and expectations, but I underline again that we need to do so in consultation with local authorities. That is what the Bill says; that is what we will do.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I very much support the pragmatic and responsible position outlined by the Minister on unaccompanied children, but does it not assert a worrying incapacity, particularly on the part of France and its structures, for maintaining the safety and security of vulnerable children?

[James Brokenshire]

The main point at issue is the children who have family here in the UK and how we can work speedily with the French Government to ensure that they are reunited with their family members here. We have been engaged in that work, but we have also supported the French Government on improving the conditions in and around the camps in northern France. We will continue to support them in their endeavours.

[Andrew Gwynne (Denton and Reddish) (Lab)]

I want to push the Minister a bit more on the resources that will be required—not just for the speedy identification, processing and resettlement, but for the support that the children will need in the communities that they finally make their home. Many will almost certainly need educational support, but they might also need mental health and counselling support, too. What resources will the Minister make available for the child refugees?

[James Brokenshire]

That is precisely why we need further consultation with local government—to identify the pressures that will need to be satisfied. It is also why I have highlighted the different issues involved in these children rejoining a family, so that they can receive the support, love and care that they need from an established family group. As I have said, we need to look at this very carefully in the light of the best interests of the child.

[Tom Pursglove (Corby) (Con)]

I believe strongly that Ministers have been right all the way through to say that we should not incentivise or encourage perilous sea journeys. It is clear that other countries in the region should be doing more, so what pressure are Ministers putting on those countries to do that—not least to stop criminal gangs and traffickers being able to paint this an opportunity?

[James Brokenshire]

As my hon. Friend may know, we have established an organised immigration crime taskforce to strengthen our own knowledge, intelligence and action against the smugglers and people traffickers, working with Europol and at a European Union level to retain focus on confronting the smuggling networks. That is allowing us to work with other European countries to take firm action not just close to our shores, but further afield.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

Will the Minister guarantee that children whose families are already in the United Kingdom will be cleared in time for them to start school in September? Will he also agree to publish a timetable showing when unaccompanied children in Europe can come here?

[James Brokenshire]

As I have said, we want to make rapid progress. We are already taking children with family connections to the United Kingdom from France, and we want to find ways of improving the process further so that, when cases are identified, we can take charge and ensure that those children come to the UK quickly. There are vulnerable children in Italy and Greece, which is precisely why we are opening a dialogue with those countries. We want to understand their systems properly, and join up with them effectively so that we can identify such children and act to enable them to come to this country.

[Jason McCartney (Colne Valley) (Con)]

The Minister has spoken about the extra 75 staff who will help with child refugee resettlement. What will be the role of those staff, what will be the timescale for their deployment to help identify vulnerable children, and how will this move help to speed up the process?

[James Brokenshire]

Some of the 75 experts whom we have offered to the European Asylum Support Office to contribute to its endeavours in connection with the EU-Turkey deal will help with processing. Others will be translators. We have also offered medical support, as well as officers who will be able to identify vulnerability issues. I had conversations with EASO about this when I was in Athens on Friday. We have identified the people concerned, and we want them to be deployed quickly—within, I hope, a matter of weeks.

[Madam Deputy Speaker (Natascha Engel)]

We now come to the statement on key stage 2 tests. Before I call the Minister for Schools, I should inform the House that the Speaker had granted an urgent question to the hon. Member for Scunthorpe (Nic Dakin), but the hon. Gentleman has withdrawn it in the light of the Government’s offer to make a statement on the matter.

Immigration Bill

James Brokenshire Excerpts

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move, That this House insists on its disagreement with Lords amendment 84.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

Lords amendment 84, and Government amendment (a) in lieu.

Government motion not to insist on amendment 85B in lieu of Lords amendment 85 and to agree to Lords amendment 85C as amended by Government amendments (a) to (f).

Government motion to agree to Lords amendment 87B in lieu of Lords amendment 87 and Government amendments (a) and (b).

Commons amendments 84A and 85B, Government motion not to insist, and amendment (a) in lieu of Lords amendment 84.

[James Brokenshire]

The Government remain strongly of the view that specifying a maximum time limit for immigration detention would be arbitrary, would not take account of individual circumstances and would encourage individuals to seek to frustrate the removals process until the time limit was reached, so having a negative impact on our ability to enforce immigration controls and maintain public safety. In response to the concerns expressed by a number of Members here and in the other place, we accepted that there should be greater judicial oversight over detention, and we tabled a motion, the effect of which would be that individuals would automatically be referred to the tribunal for a bail hearing six months after their detention began or, if the tribunal had already considered whether to release the person within the first six months, six months after that consideration.

This House approved that motion but, although some peers accepted that the issue of judicial oversight had now been satisfactorily addressed, others remained concerned that six months was too long without that oversight. After careful consideration, we propose again a duty to arrange consideration of bail, but we are now reducing the timing of an automatic bail referral from six to four months. This earlier point of referral reflects the fact that the vast majority of persons are detained for fewer than four months.

Moving on to amendments (a) to (f), the Government have listened carefully to the concerns expressed in this House and the other place on the issue of detaining pregnant women. The motion agreed in the other place would maintain the 72-hour time limit agreed in this House, extendable up to a week with ministerial approval. We have listened carefully to the points raised by the peers who have tabled these amendments. In order further to strengthen the safeguards, we have tabled amendments that will make it clear that pregnant women will be detained for the purpose of removal only if they are shortly to be removed from the UK or if there are exceptional circumstances that justify the detention. The guidance will also make it clear that they should be used in very exceptional circumstances, underlining our expectations in regard to the use of this power.

We have also proposed an amendment that would place an additional duty on officers making detention decisions in respect of pregnant women to have due regard for their welfare. These additional measures, alongside the 72-hour time limit, would act as statutory safeguards to complement the Government’s wider package of reform, which includes the new adults at risk policy, a new gatekeeper function and new safeguarding teams. We also intend to ask Stephen Shaw to carry out a short review to assess progress against the key actions in his previous report.

I turn now to Lords amendment 87. The Government have always been clear about our commitment to identifying and protecting vulnerable refugee children, wherever they are. We wholeheartedly share their lordships’ underlying intentions in this regard. We have a moral duty to help. Our efforts to date, both within and outside Europe, have been designed to do just that. Our commitment to help those in need stands comparison with any other country. The UK has been playing its part in supporting European neighbours to provide support to those who have arrived, by already providing nearly £46 million of funding to the Europe-wide response to help the most vulnerable, including infants and children. This assistance will support vulnerable people including children on the move or stranded in Europe and the Balkans. In addition, the £10 million Department for International Development fund announced on 28 January will support the United Nations High Commissioner for Refugees, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children.

As the Prime Minister made clear last week, we will accept the amendment. However, we have always made it clear that, in implementing it, we must do nothing that would inadvertently create a situation in which more children put their lives at risk by attempting perilous journeys to Europe. That is why only those from Greece, Italy and France who were registered in the EU before 20 March will be eligible for resettlement, when it is in their best interest to come to the UK.

[Anne McLaughlin (Glasgow North East) (SNP)]

Among the most vulnerable children are the 10,000 who have gone missing. Will the Minister clarify whether those children, who were probably not registered before 20 March, are to be excluded from the provisions he has just outlined?

[James Brokenshire]

I will come on to the issue of registration, which has been highlighted by a number of people, in a moment. To be clear, we are not seeking to impose an over-burdensome or legalistic requirement on children to prove that they have been formally registered, but we will need to see some evidence that they were present in Europe before 20 March. This will avoid creating a new and perverse incentive for families to entrust their children to people traffickers. Our focus will be on reunifying children with families in the UK, but we will also consider cases of children at risk of exploitation or abuse.

[Sir Gerald Howarth (Aldershot) (Con)]

I understand that the Government are in a difficult position, although I supported the Prime Minister’s original stance on the matter. Are these children not already in safe countries? Are the Minister and the amendment’s supporters suggesting that France, Germany and Greece are not safe?

[James Brokenshire]

We certainly recognise the pressures that Greece and Italy, for example, have been under, and I will come on to talk about that more specifically. Equally, on children who are looking to be reunited with family here, the measure will provide a further mechanism to support the best interests of the child, which is what the Government have said. Reconnecting children with family here in the UK underpins that important message.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

I have listened carefully to what the Minister has said and have looked closely at the amendments in lieu that he proposes. Will he be clear to the House about the number? I know that it is not in the amendment in lieu, but is he going to act within the spirit of the 3,000 figure? Will he also give us any indication about what will happen in the short term—perhaps before the new school year starts—and roughly how many children we will support?

[James Brokenshire]

I recognise the hon. Gentleman’s point, and if he will bear with me I will come on to address it. It is important for the House to recognise that the reference to 3,000 children has been removed from the amendment, but we welcome the insertion of consultation with local authorities, which is important.

An arbitrary quota is not the correct approach. It has no regard to the existing pressures faced by local authorities, which last year alone took charge of 3,000 unaccompanied asylum-seeking children who had made their way here. The burdens of taking on children are not evenly shared between local authorities, which is why we have made provision in the Bill to bring about a national dispersal scheme for unaccompanied asylum-seeking children. We agree that local authorities should be consulted to ensure that our obligations to those children already in the UK continue to be fulfilled and that any children brought to the UK can be fully supported. The nature of the amendment means that we must consult others before bringing final proposals on implementation.

Furthermore, the best interests of the child must be at the heart of any action. In addition to consulting local authorities, we will also continue to consult relevant non-governmental organisations, the United Nations High Commissioner for Refugees, UNICEF and other member states, specifically France, Greece and Italy, on how best to implement the legislation, including which children will most benefit from such action and how we can implement procedures and processes that protect the best interests of the child.

[Several hon. Members rose—]

[James Brokenshire]

I will give way to the right hon. Member for Leicester East (Keith Vaz).

[Keith Vaz (Leicester East) (Lab)]

I warmly welcome what the Minister has said today. The Government have moved a considerable way as a result of what has happened in the other place.

It is so important that we do not send a message out to people traffickers that the floodgates will be open for them to profit more from what is being achieved. It is also important that we give local authorities the resources they need. They are already under huge pressure to house refugees, and it is important that we work with them. The Minister has done the right thing and I welcome it.

[James Brokenshire]

I am grateful to the right hon. Gentleman for making the point about the messages that we send out and the potential for exploitation by people traffickers. They have become adept at using social media and other techniques to ensnare refugees and children, who then make such journeys and put their lives in traffickers’ hands, with all the horrific consequences that we have seen. He is right to underline that core message.

The conversations have already begun. I was in Athens on Friday for discussions with the Greek Government to explain the nature of the arrangements that we are contemplating. We will now urgently consult others prior to bringing forward more detailed proposals. A meeting with the Local Government Association is scheduled for later this week. Until further discussions have taken place, it is premature to speculate on the likely numbers that will count towards the new obligation set out in the amendment. I hope that my comments show that we are seeking to make progress and to get to a point at which we can report back to the House.

[Joanna Cherry (Edinburgh South West) (SNP)]

The right hon. Member for Leicester East (Keith Vaz) mentioned funding. Is the Minister prepared to commit to adequately resourcing any new scheme for the resettlement of unaccompanied child refugees, many of whom will be particularly vulnerable? Local authorities in Scotland have already resettled 700 refugees and are pressed for funds at present.

[James Brokenshire]

Obviously, existing funding is provided for unaccompanied asylum seeking children; the Home Office funds local authorities in that way. We are carefully considering this in the context of the existing arrangements and will be discussing it with colleagues across government, as well as with local authorities. I would like to reassure the House that we intend to be flexible in our interpretation and approach when implementing this amendment, to ensure that it is practical and supports the most vulnerable children, as intended. We believe the amendment, as currently drafted, enables us to do that. The use of the term “refugee” can be interpreted to include certain asylum seekers and avoid the requirement of a child having to go through a full refugee determination process before being admitted to the UK. Our Syrian resettlement scheme already operates in a not dissimilar way, and we do not believe any clarifications are necessary.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Does the Minister accept, however, that vulnerability does not necessarily end on a child’s 18th birthday? We have already deported about 3,000 children to a number of countries, including Libya and Syria, since 2005. Will he assure us that the children who are allowed in will be allowed to stay here?

[James Brokenshire]

I do not want to conflate, as the right hon. Gentleman seems to be doing, those who claim asylum in this country and are then determined not to have a valid asylum claim—we would therefore seek to remove them on their 18th birthday—with the arrangements we are contemplating and which I am setting out to the House this evening. Obviously, we are looking carefully at the nature of the leave that will be granted. It is important to understand and recognise that where we are seeking to reunite children with parents here, the Dublin arrangements would normally mean that they would have the same leave as the person who was here. Equally, if we are looking at resettlement, different leaves may be involved. We are looking at this carefully with UNHCR and others.

I hope that colleagues will agree that accepting the amendment is the right thing to do. No country has done more than Britain when it comes to help for Syrian refugees. Accepting this amendment demonstrates the Government’s approach of doing more for refugee children across the globe while upholding the principle that we should not be encouraging vulnerable people to make that perilous journey. We remain of the view that we can have the biggest impact by supporting refugees in affected regions and the countries hosting them. Those we resettle here are the exceptions and the vulnerable whom the UNHCR advise need to be resettled in a country such as the UK. That has always been the cornerstone of our policy and that should remain the case, but we recognise our duties, both in the EU and beyond.

[Keir Starmer (Holborn and St Pancras) (Lab)]

Let me start by discussing unaccompanied refugee children in Europe and reminding the House that two weeks ago the Government voted against Lord Alf Dubs original amendment here in this House. Last week, they voted against this amendment in the other place. Obviously, I welcome the change of position, but it is just that. Whether voting against an amendment last week and accepting it this week is listening, as the Government would have it, or U-turning, as I would have it, is a matter for debate, but clearly there is a changed position.

EU Immigration

James Brokenshire Excerpts

Thursday 5th May 2016 Westminster Hall

[Mr Hollobone]

My hon. Friend is right to highlight that issue. Many other EU countries do not have the rigorous rules on the issuance of passports that we have. For example, in Romania, there are lots of Moldovans. Moldova is not in the European Union; it is next door to Romania and used to be part of Romania, but it is no longer. Lots of Moldovans qualify for EU passports because they are the grandparents of Romanian citizens. They are not EU citizens, but with their EU passport they are able to waltz into the United Kingdom and we are unable to do anything about it. Were we a free, independent and sovereign nation once again, we could say, “No, you’re not allowed into this country,” because we could set new rules. While we are a member of the European Union and the European Court oversees our border policy, we do not have that right.

The migration crisis is already having an impact on the forces that we have at our disposal to control our borders. The UK Border Force runs five seaborne cutters to protect Britain’s shores from immigration from the European Union. At any one time, one is under repair, which leaves four others. Two have been sent to help out with the migration crisis between Greece and Turkey, which leaves just two to patrol Britain’s territorial waters. Members will be as shocked as I am to learn that official Home Office statistics show that 67,500 small planes and boats enter Britain each year unchecked. At least, that is what the Home Office tells us. That is an alarming number of incursions into British airspace and British territorial waters. Reducing the number of seaborne cutters available to intercept such vessels clearly weakens our borders.

This week, the situation relating to our borders and to people coming to this country from the EU was made even worse by new European Union rules on the Dublin regulations. The Dublin regulations say that, if a person claims asylum in an EU nation state and then goes to another EU nation state, the second country can send them back to the first. That is the way the system is meant to work, except that it does not work with Greece, because its system is meant to be so badly run that sending an individual back to that country after they have been intercepted here breaches their human rights. That is despite the fact that tens of thousands of our citizens go to Greece on holiday every year.

Under the Dublin regulations, we have been sending back only 1% of the asylum seekers who reach our shores. That is pretty pathetic, but the European Commission is now changing the regulations and will give us no guarantee that Britain will be able to maintain even the current regulations should we decide to stay in the European Union. I seek further clarification from the Minister on that point, because my constituents are concerned not only about the volume of legal immigration to this country, but about people abusing the asylum system to come to our shores.

[The Minister for Immigration (James Brokenshire)]

As I said on the Floor of the House yesterday, the Commission has said that the UK would be able to maintain the Dublin regulations as they currently exist should we decide not to opt in to the new proposals. It is important to make that point clear.

[Mr Hollobone]

The Minister places more reliance on the European Commission’s word than my constituents and I do. There is nothing to stop it changing its mind once we have voted to stay in the European Union. Indeed, in the draft proposals, it threatened the United Kingdom with financial consequences should we not co-operate with its decision. Although I take careful note of what the Minister says, I am afraid I do not have as much faith as he has in what the Commission tells us.

[James Brokenshire]

On that point, my hon. Friend has highlighted the issues relating to the new regulation but, as he knows, the UK has an opt-out: we have to positively opt in to new measures with a justice and home affairs base, of which this is one. Therefore, the UK has that protection, which goes much further than anything the Commission says.

[Mr Hollobone]

Again, although I admire the Minister’s confidence that what the European Union tells us will in fact be the case, I simply do not trust it, because it has gone back on things before and I expect it will again. The reason why I think it will go back on its word is that the asylum problem in the European Union is out of control. The EU has decided that it is simply not possible for the existing Dublin regulations to work effectively. Now it wants a quota of people from non-EU countries who come to Europe claiming asylum to be allocated to other member states. My great fear is that, if we vote to stay in the European Union, we will be lumbered with some of those asylum seekers, especially because we would remain under the control of the European Court, which would ultimately decide what our asylum policy should be. If we decide to leave the European Union, we will be able to decide our asylum policy for ourselves. I am sure it would be free and fair, but it would not be the free-for-all that we have at the moment.

The consequence of all this immigration from the EU, in whatever form it takes, is that we are losing control of our country. I asked the Transport Secretary for his transport projections, and I was given three sets of figures. The road traffic forecast for England suggests that traffic will increase between 4% and 20% by 2020; between 11% and 38% by 2030; and between 15% and 52% by 2040—that is before Turkey joins the European Union. Can hon. Members imagine 50% more vehicles on our roads by 2040? Those are not my figures, but Her Majesty’s Government’s official estimates of what is happening to roads in every constituency in our country.

Increasingly—I am sure we all have constituents who have had this experience—job vacancies require people to speak Polish, Romanian, Bulgarian or even Russian. A recent report showed that dozens of vacancies on a Government-backed recruitment site called Universal Jobmatch stressed that it is important for people working in certain occupations, such as painting or decorating, to be able to converse in Polish. That is discrimination against our own people, and we all know it is happening in every constituency in this country. It is absurd to expect someone who was born and brought up in this country to speak one of those eastern European languages to secure a fairly menial job.

The pressure of all this immigration from the EU has caused the population of this country to rise to seriously unsustainable levels. As the chairmen of the cross- party group on balanced migration highlighted, official Government projections show that our population will grow by nearly 10 million in the next 25 years to more than 74 million people. Currently, we are at 64 million; they expect that to go up to 74 million.

If all immigration from the EU and elsewhere were to end tomorrow and were reduced to zero, the UK population would rise from 64 million today to almost 68 million by 2039, official Government statistics estimate. If we were to have net migration of just over 100,000 a year—just outside the commitment in the Conservative manifesto, on which you, Mr Pritchard, the Minister, the Parliamentary Private Secretary present, my hon. Friend the Member for Northampton North, my hon. Friend the Member for Isle of Wight and I were elected only a year ago—the population would rise to 72 million by 2039. If immigration were to rise at 185,000 a year, which is the central long-term estimate that Her Majesty’s Government agree with and included in the infamous, dodgy Treasury document published a few weeks ago, our population would be set to rise to 74 million by 2039. If immigration were to rise at the high predicted rate of 265,000 a year, we could expect a population of almost 77 million.

Turkey has a population of 75 million. Its population is going down in number, and the people coming to this country will help to boost our population from 64 million today to perhaps 77 million by 2040. My contention is that this country will simply not be able to cope, in terms of infrastructure, public service provision or culture, if we agree to a wave of immigration on that scale.

When my constituents are thinking about how to vote on 23 June, I say, “This is it. This is going to be your one and only chance. Do you want your country back? If so, vote to leave. If you’re happy to have a wave of immigration from Turkey, Albania, Serbia, Montenegro and other new entrant countries, then either stay at home or vote to remain, but your country will not be your country in 2040.”

--- Later in debate ---

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I congratulate my hon. Friend the Member for Kettering (Mr Hollobone) on securing the debate. Although the Chamber may not be well attended—no doubt other Members are elsewhere, fighting the elections that the hon. and learned Member for Holborn and St Pancras (Keir Starmer) referred to—my hon. Friend highlighted important issues and I welcome the opportunity to debate migration and Britain’s place in the European Union. I also thank my hon. Friend the Member for Isle of Wight (Mr Turner) for taking part in the debate.

We remain committed to reforms across the whole of Government to create an immigration system that works in the best interests of our country and reduces net migration to levels that are sustainable for our public services and infrastructure and for communities across the UK. My hon. Friends mentioned the pressures that migration brings to public services such as the health service, housing and schools. The Government take those issues very seriously, which is why I make my points in the way that I do. We seek to reduce net migration to a sustainable level—from the hundreds of thousands to the tens of thousands—and to exercise the control that the last Labour Government did not. We have sought to make those changes through a range of reforms to both EU and non-EU migration.

During the last Parliament, we introduced reforms that have cut widespread abuse of work, student and family visas. We also cracked down on illegal working and sham marriages, and legislated to make life in the UK difficult for illegal migrants by cutting their access to goods and services such as driving licences, rental accommodation and bank accounts, and by other means. The Immigration Bill that is before the House will continue that reform. It is important to underline the steps that have been and continue to be taken in cracking down on such abuses.

[Mr Hollobone]

I commend the Minister and the Home Office on their efforts in tackling the abuses of the immigration system that he inherited. I dread to think what the level of immigration would be if we still had a Labour Government—they simply would not have taken the steps that he has outlined—but how will he honour our manifesto commitment to get annual net migration below 100,000?

[James Brokenshire]

It is important to recognise the need to continue the reforms that we have made and take further steps to crack down on the abuses from both outside and inside the EU that I have highlighted. Strengthening our ability to crack down on abuses of free movement and related issues such as sham marriage was part of the Prime Minister’s renegotiations, and we must ensure that European Court judgments are clarified so that we can take action on those issues. I will come on to address some of those broader themes.

During the last Parliament, we tightened the rules on EU nationals, demonstrating that the right to free movement is not unqualified. Since January 2014, we have made significant progress in tackling abuse. We have restricted access to a range of benefits for all those who are not economically active. Between January 2014 and December 2015, we sought the removal of more than 600,000 EU nationals who either did not have the right to be in the UK or had abused their right.

The reforms that the Prime Minister secured at the February European Council take us another step forward in our efforts to ensure that immigration to the UK is sustainable and maximises Britain’s prosperity and security. The deal is legally binding across Europe and the agreement will come into force directly after the referendum if the UK decides to stay in the EU. In the future, no British Prime Minister will be able to give away further powers to Brussels without a referendum. That is an important agreement that the Government achieved in the previous Parliament, which gives further assurance on the concerns people may have about any ceding of further powers to the EU. We have put that lock in place and provided a referendum to give further assurance.

[Mr Hollobone]

We have the luxury of time this afternoon, and I am listening to the Minister intently—he is reading the brief he has been given extremely well. The independent Office for Budget Responsibility, set up by the Conservatives, has said that from 2021 onwards net migration will be 185,000 a year, even after the Prime Minister’s renegotiation and all the measures the Minister outlined. Do the Government dispute the OBR’s forecast or will we be in permanent breach of our manifesto commitment?

[James Brokenshire]

It is important to underline that the OBR’s numbers are a projection and not a forecast. Projections do not attempt to predict the impact of Government policy or changing economic circumstances at home or abroad. That is why I make the point about the policy changes we have made and continue to make and why we retain the focus on bringing net migration down to the sustainable levels that my hon. Friend and I recognise are important to reduce the pressures on public services.

[Mr Andrew Turner]

Does the Minister not realise that the Chancellor of the Exchequer said that we had to accept the prospect of 185,000 migrants a year to this country and that we could not argue about it? We cannot move the numbers.

[James Brokenshire]

I come back to the point I made about the OBR’s projections. Clearly, numerous factors can affect migration flows. At any given point in time, the UK’s position relative to where potential migrants come from and other places they could go will affect flows. Part of the Prime Minister’s reforms at EU level are about competitiveness. Some of the challenges we have seen in recent years have stemmed from disparities in the economic development of one European country against another. That is why the competitiveness part of his negotiations is important.

We are looking at a number of factors. In terms of the skills agenda, my hon. Friends will very much welcome the approach that the Government have taken in creating apprenticeships—some in the previous Parliament and more in this Parliament. That is giving significant opportunities to reskill and providing our young people with opportunities to meet the needs of the employment market.

We need to look at this in relation to reform of migration rules: the steps we have taken for those outside the EU and through the EU renegotiation on factors that could draw people here. However, it is also about the overall competitiveness of the EU. We need the EU market to grow and to see countries’ economies succeeding and creating jobs. There is also the skills agenda here and welfare reform more broadly, with people seeing that work always pays and taking up opportunities to work.

There are a number of factors at play, which is why the Government are looking at this from the perspective not only of Home Office migration policy but of other policy areas. That demonstrates our commitment to look at sustainability levels. We are acting across Government to reduce net migration and to establish a system that acts in the best interests of our country.

[Mr Hollobone]

No doubt the Minister will be promoted in due course, but if he is not and remains in post, how confident is he that by the time this Parliament concludes in 2020, net annual migration levels will be below 100,000 a year?

--- Later in debate ---

[James Brokenshire]

My hon. Friend and I were elected on the basis of a manifesto for the whole of this Parliament that set the ambition to reduce net migration to the sustainable levels that existed before the previous Labour Government came to power. That firmly remains the ambition and focus of this Government, which is why we continue to make reforms in relation to our migration policy and are taking other actions and approaches across Government. I am sure he would support this Government retaining that focus and taking such action.

I want to come on to the overall figures, to which both my hon. Friends referred. It is important to recognise that national insurance numbers and net migration statistics are two separate things. Obviously, national insurance numbers cover all those who register seeking to work, including those who stay for less than 12 months in the UK and short-term migrants, such as those who come to work for a short period or for seasonal work. In contrast, the net migration statistics are estimates for long-term international migration—in other words, those who intend to stay in the UK for 12 months or more for any reason, not just to work.

In order to inform Government policy and, most importantly, to ensure public confidence, it is important that our immigration statistics are robust and reliable. The numbers and data sets are complex, and I have explained the distinctions between the two different sets highlighted this afternoon. I want to correct my hon. Friend the Member for Kettering slightly; the data on net migration statistics are not Home Office data but data from the Office for National Statistics, which is independent of my Department. It is important to put that on the record. The Home Office does not seek to influence those data; we are very much at arm’s length. The ONS produces net migration statistics based on the surveys it conducts and what it extrapolates from those.

There has been a recognition of the concerns expressed by my hon. Friend and others about the differences between datasets. A group of experts from the ONS, the Department for Work and Pensions, Her Majesty’s Revenue and Customs, the Home Office and the Cabinet Office is in place to reconcile data sources, and a report of its findings will be published later this month. I hope he will be assured that that information is forthcoming.

With the measures that the Prime Minister secured in February on EU nationals’ access to benefits, we are ending the culture of getting something for nothing. We think it is right to address the fact that people can come here and claim benefits from day one, and the changes we have introduced will allow us to do that. Once pulled, the new emergency brake on welfare will apply to EU nationals newly arriving in the UK, who will not have full access to our in-work benefits until they have lived here and contributed to our country for four years.

The European Commission has clearly said that the UK already meets the criteria for the implementation of the emergency brake. Reducing that pull factor will help us to control and reduce immigration from the EU. As I have said, the new settlement will also make the whole of Europe more competitive. We have new commitments from the EU to cut red tape, complete the single market and sign new trade deals. Boosting prosperity across the EU will play an important part in tackling some of the root causes of mass migration from one member state to another.

I want to emphasise a few points I made in my statement to the House yesterday on the Dublin regulation. The UK has an opt-out from justice and home affairs measures that we exercise by deciding whether to opt in to new measures. We are not bound to sign up to the proposals that the Commission published yesterday, and we will have three months to consider whether to do so. To be clear, that does not mean there will not be debate about or consideration of those matters in this House. We benefit from that time scale in deciding whether to opt in at the outset to a new measure published by the Commission. That acts as an important protection and safeguard, which the Government have carefully used in determining what is in the best interests of the UK when deciding whether to opt into new measures.

I emphasise the Commission’s statement yesterday, which indicated clearly that under the new proposals, whether or not we decide to opt into them, the UK will continue to be able to operate the existing Dublin regulation, which sets out the principle that those who claim asylum should do so in the first country in which they arrive and that EU countries bearing the greatest responsibility in relation to asylum seekers are supported. That important protection was underlined by the Commission in its statements yesterday.

[Mr Hollobone]

Even if we keep the existing regulations, we are only sending back 1% of the asylum seekers who make it to our shores. That is negligible and pathetic. Has the Minister any other ideas about how we can send back to the first safe country they came to the thousands of asylum seekers who cross the channel and come to Britain?

[James Brokenshire]

I do not regard 12,000 people over the past 10 years as negligible. I agree that we need to see reform of the Dublin regulation. We continue to engage in that, while supporting the principles that the existing Dublin regulation clearly sets out. We think it is right to uphold those principles—a point we have made clearly at the EU level, and we will continue to do so —rather than undermine them and effectively set off in a whole new direction, which is not appropriate.

The UK does not agree with the concept of relocation. We have used our protections so that the UK will not be party to those arrangements. It is about reform, not about rewriting Dublin. That is the UK Government position, and it is one we will continue to advocate firmly at meetings with the Council and the Commission.

[Mr Hollobone]

I commend my hon. Friend for his undoubted efforts. It must be tortuous going to all these EU meetings and banging the table for Britain. I completely understand where he is coming from, but in the existing situation we have the absurdity where if somebody claims asylum in Greece—where most migrants are claiming asylum—and they make it to Britain, we are unable to send them back to Greece. What is the European Union doing to sort out the asylum system in Greece so that asylum seekers can be sent back there?

[James Brokenshire]

I am sure that my hon. Friend would welcome the support that the UK Government and others are giving through the European Asylum Support Office, to enable the Greek system to operate in a cohesive way. Indeed, as part of the work through the EU-Turkey deal, the UK will be sending 75 experts to practically support the processing of asylum claims and co-ordination in the coming days and weeks, which is important. Other EU countries are taking similar steps.

My hon. Friend’s assertion is seemingly based on the assumption that this would all be so much better if we were outside of the EU. I do not see it in those terms. There are structures, systems and processes that we are able to use and harness so that people can be returned. If we were outside the EU, we would obviously not have the benefit of those. He mentioned the issues and challenges. However, it may be even harder if we were on the outside rather than on the inside in dealing with a number of these important issues. The EU migration crisis is not going to go away. Therefore, we all need to make a judgment on how best we can influence the agenda and ensure it is appropriately focused to respond to those challenges.

We are not part of the Schengen agreement, but what happens in countries such as Greece and Italy is important in terms of migratory flows and our experience in the UK. We have more ability to influence that if we sit round the table. We have the protection of not being part of the Schengen agreement and the protection of the opt-out arrangements on justice and home affairs measures. We can seek to influence that agenda in a way that is in the best interests not just of the UK, but of the EU as a whole. Clearly, that is a debate and a consideration that we will all inform ourselves and others of as we look towards 23 June. No doubt that debate will continue in this House and elsewhere.

I want to touch on a connected theme: EU enlargement. We believe that no European country should join the European Union unless there is strong, credible and demonstrable evidence of the fulfilment of all political, economic and legal criteria, as well as country-specific conditions for full EU membership. The UK has and will use a veto to block any new country from joining the EU unless all membership and country-specific criteria are fully met. We acknowledge that for most EU-aspirant countries that means a challenging and lengthy EU accession process, but it is a process by which to ensure that all future member states are fully reformed and capable of taking on effectively all EU membership obligations.

There would be no alternative to preserving the credibility of EU enlargement in the eyes of the British and wider EU public if we were to take a different view. We do not believe in setting timetables for new EU accessions. Countries should join the EU only when they are truly ready, however long that takes. We believe in quality, not speed or automaticity, in the accession process.

[Mr Hollobone]

I understand what the Minister is saying, but when it came to the accession of Romania and Bulgaria there were serious doubts about corruption in those countries and the extent of criminality among some sections of those nations. I remember that because we debated it on the Floor of the House. Since those two countries joined, especially Romania, there has been a wave of crime on the streets of London particularly, but also elsewhere in the country, by Romanians and Bulgarians. The Home Office and the police have struggled to get on top of that. Hundreds of Romanians and Bulgarians are in our prisons at the moment. What assurance can the Minister give me and my constituents that he is on top of the Albanian and Turkish criminality problem should those countries join?

[James Brokenshire]

I will make some general points about foreign national offenders before perhaps going on to the specifics. The Government are clear that they will seek to deport foreign nationals who pose a threat to the British public. All foreign national offenders who are given a custodial sentence are considered for deportation. We removed 3,310 European foreign criminals in 2015. That is more than triple the number deported in 2010. We also removed more than 2,250 non-EU offenders last year. Yes, we need to do more work, but I assure my hon. Friend of the focus and attention the Government give to seeing that foreign national offenders are removed from our shores. I undertake that work not just within the Home Office, but with Ministers in the Ministry of Justice and in the Foreign Office.

The deal that we secured for the UK includes important changes in international law that will give us greater freedom to tackle new and emerging threats to the UK and to crack down on abuse by subjecting EU nationals to stronger and longer re-entry bans. It adds important clarification to member states’ powers to exclude or deport EU nationals who pose a threat to our security. The Commission is committed to reviewing criminality provisions when the free movement directive is next updated. As part of the Government’s settlement for the UK in the EU, we have strengthened our hand so that EU nationals who genuinely pose a threat to the UK public, even without a conviction, can be deported.

[Mr Hollobone]

I am listening carefully to the Minister and that is all fine, but it seems to me and my constituents that, if a foreign national commits a crime in this country and is convicted of that, they should be deported from this country and banned from ever coming back. We are unable to do that while we remain a member of the European Union.

There is supposed to be an EU directive on compulsory prisoner transfers. That directive has been in place for some time. Why are Romanians not going back to Romania and Poles not going back to Poland? Also, can the Minister assure me and my constituents that he is on top of the Turkish and Albanian criminality problem?

[James Brokenshire]

I can tell my hon. Friend clearly that the precise purpose of the National Crime Agency, which the Government established, is to give much greater focus to organised criminality in all its forms, including cross-border criminality from a range of countries. We have also established the immigration crime taskforce, which brings together officers from the National Crime Agency, Border Force and immigration enforcement to focus on the trafficking and smuggling of people and attempts to trade in misery by exploiting people in that way.

I emphasise the steps we are taking to enhance our understanding of the picture and to disrupt and take action against cross-border criminal groups. Crime is becoming ever more international and my argument is that being party to measures in the EU, through Europol, access to data and the European criminal records information system, helps and supports us. Having that detail and information helps us to fight criminality as it crosses borders. Being outside a number of these structures and not having access to that information would make that work much harder. That is why I judge, on balance, that it is right and benefits the UK to remain in the EU. Benefits arise from those mechanisms, structures and information. For example, foreign nationals who abuse our hospitality by committing crimes in the UK should be in no doubt of our determination to deport them. Initiatives such as Operation Nexus join up immigration enforcement and policing across police forces to focus on foreign national criminals, ensuring that we are doing the necessary checks and harnessing the available information.

[Mr Hollobone]

The Minister is being extremely generous, which is appreciated. The Prime Minister himself said yesterday in front of the Liaison Committee that the Government have not got on top of the issue of the compulsory transfer of foreign national offenders in our prisons to jails in their own countries. The relevant Government committee met only once every six months to review the issue. What more can the Minister do to put rocket boosters under the implementation of the EU directive?

[James Brokenshire]

As I have already indicated to my hon. Friend, the situation is not static. There is a continuing commitment and focus across the Government. The Prime Minister rightly and understandably takes a personal interest in the issue to put public protection foursquare in the work of this Government. I assure my hon. Friend on the steps we take and the discussions we have with the Ministry of Justice and the Foreign Office to energise and retain that focus on ensuring that criminals in the UK who have abused our hospitality are removed at the earliest opportunity, whether that be by way of removal that we undertake, or by way of using mechanisms such as prisoner transfer agreements within the EU or outside. I certainly assure him of the continued focus we have brought and will bring, knowing that, although the numbers have gone up, there is much more work we need to do.

Before I finish, I want to deal foursquare with Turkey. I cannot see Turkey joining the EU any time soon. Why do I say that? Well, Turkey has to negotiate 35 different chapters, decisions on setting benchmarks and agreements that they have been met and the closure of those mechanisms. All require a unanimous EU decision. Once those negotiations have been separately completed and closed, there has to be another unanimous decision on accession. Then all 28 member states have to ratify an accession treaty, and the European Parliament has to approve the accession. It should be recognised that France has said that it will hold a referendum on Turkish membership of the EU, and 75% of the French public currently do not want Turkey to join; Austria has said the same. Given that process and the views of other member states, Turkey’s EU accession is not on the cards for many years to come.

There is also an important point about transitional controls. When new countries are admitted to the EU in the future, we will insist on economic convergence before their citizens can benefit from free movement. Therefore, their GDP per capita, employment rate and income distribution should be close to the average across the EU. We will ensure that those issues are at the heart of any discussion on EU enlargement. We of course have a veto, which would block a new country joining the EU unless tougher controls were introduced.

As I said at the start of my speech, the Government accept European free movement as part of a functioning European internal market. We welcome those who come to work and contribute to a growing UK economy, but we must continue to focus on the scale and speed of immigration into the UK and must take action to tackle those who abuse free movement rights.

The Prime Minister has delivered on the commitment to renegotiate a better deal for Britain in Europe, and it is now for every individual to decide whether they want to remain in the European Union or leave, in the first referendum on the matter in more than 40 years. This is not the end of the process, but an encouraging start in reforming Europe. However, it is clear that the UK will be stronger, safer and better off remaining in the EU. That is the Government’s view and my view, but I welcome the opportunity that we have had this afternoon to debate some of these very important issues relating to migration that are at the heart of the concerns of many people and many right hon. and hon. Members. I again thank my hon. Friend the Member for Kettering for giving us the opportunity to air these issues and debate them in a calm and considered way. That is what the debate should be all about, and what I hope will continue to set the tone as we look to the weeks ahead and the referendum towards the end of June.

Dublin System: Asylum

James Brokenshire Excerpts

Wednesday 4th May 2016 Commons Chamber

[Mrs Anne Main (St Albans) (Con)]

(Urgent Question): To ask the Secretary of State for the Home Department if she will make a statement on reforms to the Dublin agreement and the effects on asylum.

[The Minister for Immigration (James Brokenshire)]

This morning the European Commission published its proposals for reform of the Dublin protocol and emergency relocation in response to the migration crisis in the Mediterranean. The proposals were first announced under the EU-Turkey deal, and agreement is critical to finding a solution for Europe’s asylum systems ahead of the summer. The Government will now scrutinise the proposals carefully.

As the House will be aware, the UK has an opt-in to any EU proposals on justice and home affairs issues. It is not bound to sign up to the proposals the Commission has published today; we will have three months to consider whether to do so. The proposals will be laid before Parliament, and an explanatory memorandum will be provided. Scrutiny Committees in both Houses will look at the issue in detail, and Parliament will be able to consider the proposals in the usual way.

The Government strongly support the principles behind the Dublin regulation. We believe that an asylum claim made in the EU should be dealt with by the member state most responsible for the applicant’s presence in the EU. This provides certainty for the applicant and protects other member states’ asylum systems from abuse. But our starting position is clear: we will not opt into any legislative proposal that replaces the existing Dublin principles with a redistribution mechanism, and we do not support relocation. Those in need of protection should claim asylum in the first safe country they reach. We support the existing Dublin regulations and the principles underpinning them.

In this context, it is worth noting that the Commission has been very clear today that, should we not opt into the revised Dublin regulations, the existing regulations will continue to apply between the UK and other member states, and this is at least partly a direct result of the Government’s engagement with the Commission and other member states. As such, there is no risk that we would lose our existing powers to return people to other EU member states—powers that we have used nearly 12,000 times since 2005.

Where an individual is the responsibility of another EU member state under EU law, the Government seek to return them under the Dublin regulations—and we will continue to do so. We have been engaged in regular constructive conversations with our European counterparts and the European Commission, and will participate fully in the negotiations on this draft proposal at European level. I commend this statement to the House.

[Mrs Main]

I thank the Minister for his statement, although I am somewhat concerned that it will be three months before we know what this will look like in reality, given that we have a very important referendum coming up in that time.

The Minister said in February that the Dublin agreement

“should be upheld, not undermined.”—[Official Report, 29 February 2016; Vol. 606, c. 689.]

In theory, the Dublin asylum regulations ensure that EU countries can deport refugees to their first port of entry, as he just re-confirmed. The Secretary of State recently restated her view

“that amending the Dublin regulation is unnecessary and risks undermining a vital tool in managing asylum claims within the EU.”—[Official Report, 2 December 2015; Vol. 603, c. 21WS.]

However, the EU Commission is pressing ahead with reforms despite her views, and despite many European countries expressing their extreme disquiet. Under the existing rules, Britain ostensibly, as the Minister said, has the right to deport asylum seekers to their first port of entry. However, in practice that means—he gave a figure—that only 1% of asylum seekers from the UK each year have been relocated to the first port of entry, according to Eurostat. Does he accept that this very low figure of only 1% for relocations is accurate? If so, will he explain why the UK is performing so badly under the current regulations?

In practice, the Dublin agreement is very far from perfect, and the EU is desperate to find ways of evening out the strains from the large numbers of asylum seekers, as well as of not rocking the British boat before our referendum. Even the European Commission has acknowledged that the current Dublin system does not work. Germany has all but abandoned it, and Greece has apparently not abided by it since 2011. The Commission has stated:

“Even where Member States accept transfer requests, only about a quarter of such cases result in effective transfers, and, after completion of a transfer, there are frequent cases of secondary movements back to the transferring Member State”.

Does the Minister accept that even with relocations as low as 1%, we are often obliged to re-admit individuals under the secondary transfer process? Does he have figures for the House on how many are relocated back to the United Kingdom? Given the low numbers sent back to the first port of entry under this system, and the fact that many of them return, does he still believe that this is a good deal for Britain? Despite the haggling and horse-trading going on behind closed doors as we speak, has the Secretary of State secured a permanent and favourable opt-out from any form of quota sharing—an opt-out that cannot be overruled at any point in future by other member countries? It is important to know that at this moment.

These proposals are part of a package to try to manage the surge in migrants and refugees flooding into Europe. The Commission is in the process of proposing measures revising the terms of the Dublin regulation—namely, imposing a financial penalty of €250,000 for every refugee not taken by a country if another member state experiences a sudden influx. How will this new quota/penalty system proposal sit with the current Dublin III proposal that the Minister says he wishes to stay within? Has he secured a permanent and favourable opt-out from any form of penalty payment that might be negotiated in future for non-acceptance of quotas—one that could not be overruled at any point in future by other member countries?

--- Later in debate ---

[Mr Speaker]

No, he does not need to be deported—we want him to answer the question.

[James Brokenshire]

Thank you, Mr Speaker. I am always the servant of the House in this regard.

My hon. Friend the Member for St Albans (Mrs Main) has raised various points. The UK has a very clear opt-in arrangement in relation to justice and home affairs matters and we retain firm control over the ability to decide which matters to opt into, as I explained clearly in my opening comments.

The existing Dublin regulations provide a significant benefit. As I have said, we have used the process to remove nearly 12,000 people from the UK to other EU member states over the past 10 years.

My hon. Friend asked whether we may subsequently be bound by, or be required to be participants in, the new arrangements. I point her to a specific statement in the European Commission’s press release:

“The UK and Ireland are not required but instead determine themselves the extent to which they want to participate in these measures, in accordance with the relevant Protocols attached to the Treaties. If they do not opt in, the current rules as they operate today will continue to apply to them, in line with the Treaties.”

That provides the important clarification and certainty sought by my hon. Friend. Clearly, that provides protection in relation to whether or not we decide to opt into certain matters, including the quota penalty, to which she referred.

[Keir Starmer (Holborn and St Pancras) (Lab)]

Let us be clear from the start: through our opt-out on home affairs and justice, Britain would not be required to take part in any asylum relocation system, nor would we be required to pay any financial levy to avoid it. Let us also be clear, however, that we have a keen national interest and a moral responsibility to ensure that effective systems are in place to tackle the worst humanitarian crisis in Europe in a decade. A humanitarian crisis on this scale clearly needs a concerted EU-wide response.

It is clear that the Dublin arrangements are not working on the ground. They are not able to cope with the numbers or process the claims. For those precise reasons, Labour has been calling for many months for a reconsideration of how the Dublin arrangements work in practice. The Government, as ever, have been slow and reluctant to act, as characterised by the Minister’s involuntary appearance here today.

Labour is also clear that the key Dublin principles preventing first country states from refusing to process asylum seekers and allowing return to first country are important. We welcome the Government’s update on that, but what reform proposals have they made to the Commission?

There is also the wider and key question of unaccompanied children in Europe. Today the chair of the Association of Jewish Refugees called on the Prime Minister to do more to help what he called “the most vulnerable victims” of the Syrian conflict. We cannot continue to sit on our hands or to be subject to the repugnant rhetoric that these children in Europe are safe—they are not. There is a groundswell of support. When will the Government finally listen? If there is to be a U-turn, the sooner it happens, the better.

[James Brokenshire]

The hon. and learned Gentleman clearly did not hear what the Prime Minister said at Prime Minister’s Question Time just a few moments ago. He said that we are in discussions with Save the Children and the United Nations High Commissioner for Refugees about what further assistance can be provided to those who had already registered in Europe before the EU-Turkey deal came into force. He also mentioned the discussions that we will have with local authorities.

I reject entirely the hon. and learned Gentleman’s claim that the Government have been slow to act on the Dublin regulations. We have sent experts to France and other European countries to support that process, to enable its practical implementation on the ground, and to ensure that it bears fruit and speeds up.

The hon. and learned Gentleman highlighted issues relating to the Dublin regulations. The Government believe that the long-standing principles at the heart of the Dublin system are the right ones, and it would be a major error to tear them up and replace them with something completely different. Dublin may not be operating as it should be, but that does not meant that its principles are fundamentally flawed. That is the approach that this Government will take to further negotiation.

Right hon. and hon. Members will not have seen the proposals in detail, because they have only just been published. It is right, therefore, that we reflect on them in detail and continue our discussions in order to ensure a reformed Dublin system that benefits the UK, while acknowledging the protections we have to maintain the existing Dublin arrangements.

[Sir William Cash (Stone) (Con)]

I congratulate my hon. Friend the Member for St Albans (Mrs Main) not only on securing the urgent question, but on the manner in which she conducted her analysis. She was, of course, completely right. The European Scrutiny Committee is looking at this very matter and we will be talking about it this afternoon. Would the Minister be good enough to give us an assurance that, if we so decide, which I feel we will, that there should be a debate on the Floor of the House, he would encourage that with the Whips? Will he also make sure that the matter is not left hanging around for as long as three months? We need urgent answers to these questions.

[James Brokenshire]

The three-month period is the time the UK has to consider whether to opt into measures at the outset. As my hon. Friend will know, that is one of our protections in our relationship with the EU with regard to justice and home affairs matters. The Commission has published its papers this morning and I am sure that they will be scrutinised in detail by the European Scrutiny Committee. The Government will provide information and support that process in order to ensure that the measure is properly scrutinised by the House. There is no delay on the Government’s part: the three-month period is our safeguard in deciding whether to opt in, and it certainly does not defer scrutiny.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Dublin rules were not fit for purpose, even before the current crisis in Europe developed, and that crisis has pushed the system way beyond breaking point. Even a child would understand that front-line countries such as Greece and Italy cannot be expected to deal alone with all the asylum seekers who arrive there. The proposed system of financial penalties would be an improvement, but it is a distant second best to the proper sharing of responsibility throughout the European Union. If the United Kingdom is not prepared to sign up to the new EU asylum system, exactly what steps will the Government take in order for the UK to do its bit for those already in Europe, particularly the child refugees?

When I was in Calais with other Scottish National party MPs at Easter, we met many refugees with family in the UK, and we met men who had acted as interpreters for the UK armed forces, including men who had been at Camp Bastion at the same time as Prince Harry and when the Prime Minister visited. The Government keep assuring us that they are taking action to speed up the processing of take charge requests, once they receive them. Will the Minister now provide us with the figures on processing times that we have repeatedly asked for, so that we can have some evidence that those take charge requests are being dealt with more speedily?

More fundamentally, there is a real problem with the French side of things being handled slowly and the fact that many of the refugees in Calais and Dunkirk are afraid to claim asylum in France because of the very bad experiences they have had there already, including being tear-gassed by French authorities. Will the British Government consider providing a route to bypass the French system and allow direct claims to the UK based on family ties?

[James Brokenshire]

The relevant requests under the existing Dublin arrangements are being processed in a matter of weeks, as I have indicated to the hon. and learned Lady on previous occasions. Direct contact between officials on both sides means that they are able to make speedy decisions and ensure that those who have links to the UK can be reunited. The Government believe in that principle very strongly. We are also providing additional funding to and investment in other parts of Europe, and that work is absolutely intended to support that principle.

The hon. and learned Lady mentioned the French Government’s actions. They have engaged a specific non-governmental organisation, France Terre d’Asile, to identify people in the camps and ensure that they are protected speedily. We support that work and we will continue to support the French Government and play our part in ensuring that those who have a connection to the UK are established, identified and come to the UK quickly.

[Mr Kenneth Clarke (Rushcliffe) (Con)]

Does the Minister agree that the migrant crisis that we face is our part of a crisis that affects every European Union member state and requires a European Union solution? It is a complete absurdity, first promulgated by the UK Independence party, that if we left the EU these people would somehow no longer be a problem for us.

As the Government have played a full part in the limited progress so far on closing the outer border of Europe and making arrangements with Turkey for the return of asylum seekers, does the Minister accept that although we are legally quite entitled to insist on the Dublin convention, and of course must exercise our opt-out when it is in our interests, we must have regard to the problems of Greece, Italy and other countries? Those countries have not encouraged these vast numbers of people to come to them, and we will need the co-operation of their Governments if we are eventually to restore order in every member state, including the United Kingdom.

[James Brokenshire]

My right hon. and learned Friend is absolutely right that this is an EU-wide problem which we will need to continue to address at that level, and that it is clearly not the case that the UK leaving the EU in the referendum would suddenly make the migration crisis go away.

My right hon. and learned Friend mentions Greece and Italy, and he will equally know that the EU-Turkey deal is intended to support efforts on the frontline. From next week we will be sending out about 75 experts to support front-line activity in Greece.

[Keith Vaz (Leicester East) (Lab)]

I think that in his heart, the Minister probably accepts everything that the hon. Member for St Albans (Mrs Main) said today, including that the Dublin agreement is in crisis not because of the United Kingdom but because other EU countries are flouting the way it operates. The Home Affairs Committee saw that for itself when it visited Greece and Italy. Other partners need to fulfil their obligations under Dublin and deal with matters in their countries so that people do not end up coming to Calais seeking to come over to the United Kingdom. To do that, they need just 10% of the money that has gone to Turkey. The EU-Turkey deal was the most generous in history, but Greece and Italy are the countries that need our support.

[James Brokenshire]

The right hon. Gentleman will know about the practical support that we are providing through the European Asylum Support Office to front-line states that have seen significant numbers of people arriving on their shores. We have provided £70 million of funding for the Europe-wide response, which is a significant contribution to the activities needed to support vulnerable migrants. He is right that we need to continue the work with Greece and Italy, which is precisely what the Government will do, as we recognise the pressures that those Governments are under.

[John Redwood (Wokingham) (Con)]

The EU documents about the EU-Turkey agreement, including the creation of a visa-free area for most of the EU and Turkey, make it clear that strengthening the Turkish frontier with Syria, Iraq and Iran must be part of the revised asylum and migration policy. Quite remarkably, and rather strangely, the documents say that the EU will help build walls, fences and ditches along what is an extremely long border. Can the Minister tell us how many miles of those impediments to migration the EU has in mind, and what the costs might be?

[James Brokenshire]

The clear focus is on seeing that refugees do not make the journey across the Mediterranean sea to the shores of Europe, which is consistent with the approach that the Government have taken. It is why we have pledged £2.3 billion to tackling the humanitarian crisis, which is giving people a sense of hope and opportunity through work and education. That is the right approach to show people why they should not be making the journey, and the EU-Turkey deal supports that.

[Alex Salmond (Gordon) (SNP)]

I know that the Minister is proud of his opt-in, but in reply to the right hon. and learned Member for Rushcliffe (Mr Clarke) he seemed to agree in principle that the refugee crisis is a European crisis that requires collective action. If we had the Brokenshire regulations instead of the Dublin regulations, what exactly would they be?

[James Brokenshire]

I am grateful to the right hon. Gentleman for framing the question in that way. It underlines the need for each EU member state to play a part, which is precisely what the UK Government are doing. We are providing expert support, funding and a significant contribution to resettlement through the vulnerable persons resettlement scheme and the new children at risk resettlement scheme. The basic principles of Dublin are right and need to be upheld, but the question is how we can improve the practical aspects of it.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

If the Dublin convention is to work optimally, it requires the collection of biometric data from migrants. Perfectly understandably, the more savvy migrant declines to co-operate with that process, probably with the connivance of Italian and Greek officials. What can be done to strengthen that part of the Dublin arrangements?

[James Brokenshire]

It is about practical implementation, and that is why I made the point about the 75 experts we are sending out to Greece. Other European countries are doing the same, to see that the practical measure of taking fingerprints is upheld at the frontline. I think that practical support will make the difference.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Does the Minister accept that the Dublin regulation should put a floor on what we do, not a ceiling? With that in mind, will he look again at the treatment of those who claim asylum having previously helped our armed forces in Afghanistan as interpreters? If they had treated us as we now treat them, the lives of many of our servicemen would have been put at risk or lost.

[James Brokenshire]

I will look carefully at what the right hon. Gentleman says about how those who have supported the British armed forces in Afghanistan are analysed and treated in our asylum system. Many right hon. and hon. Members have raised that issue, and I can assure him that I am giving it close attention.

[Huw Merriman (Bexhill and Battle) (Con)]

Does the Minister agree that EU reform in this area should take into account a member state’s efforts to resettle refugees from third countries outside the EU and to fund those countries? With the UK having delivered more than £1 billion of aid to try to prevent perilous journeys at sea, it would be right for the EU to endorse our approach if reduced migration is the aim.

[James Brokenshire]

My hon. Friend is absolutely right about the steps that the Government have taken through the vulnerable persons resettlement scheme. Our focus remains on providing safe routes for the most vulnerable in the region. The UK has made an important contribution, which plays a part in the overall work across the EU of providing stability and preventing people from making the journey.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The Minister will know that there is a huge amount of concern about the issue in this country, and especially about unaccompanied children in the camps in Calais. It is welcome to hear that the Government now agree with Alf Dubs, but given what the Minister has said today and the problems that we have seen to date with people claiming asylum through the current Dublin arrangements, will he give us some numbers? How many young people does he think the UK will now be able to offer sanctuary to as a result of the decision that the Government have made today?

[James Brokenshire]

The Prime Minister said earlier that we will discuss the matter with local authorities, and we will also continue discussions with the United Nations High Commissioner for Refugees, Save the Children and others. It is right that we assess the issue carefully in that way and come to the right conclusion.

[James Berry (Kingston and Surbiton) (Con)]

Does my right hon. Friend agree that the UK has the double protection of being outside the automatic opt-in and outside Schengen, so that when asylum seekers choose not to claim asylum at the first port of call, they cannot travel across Europe and come to the UK through a no-border zone?

[James Brokenshire]

We have the best of both worlds in being outside the borderless area of Schengen, which gives us the protection of being able to uphold our own border and carry out the necessary checks, and having legal rights through the opt-ins and the enhanced mechanisms that the Prime Minister achieved through his renegotiation, which will add to that protection.

[Andy Slaughter (Hammersmith) (Lab)]

It would be helpful if the Minister made it clear, given that the Government are now going to accept the Dubs amendment, that many of the justice and home affairs opt-outs are designed, as he has just said, to control Britain’s borders. He will be aware of the very good journalism by Ben Riley-Smith of The Telegraph showing that the Semaphore system, which controls those coming into the country, went down for several days last summer, leading to the Minister and the Home Secretary being roused from their beds. Yesterday, his permanent secretary admitted that that had happened many times but would not say when and for how long. Do we not deserve that information? Will the Minister publish it?

[James Brokenshire]

We provide clear assurance and protections for the UK border. We take a multi-layered approach. We ensure that the primary control points have 100% checks for scheduled arrivals, which the last Labour Government did not do. This Government will continue to maintain that focus on our border and security.

[Mr Christopher Chope (Christchurch) (Con)]

My right hon. Friend will know from the conference on the migrant crisis at which both he and I spoke last week of the anger and despair of the Hungarian Government at what is now being proposed by the European Union. Will he explain what our Government are doing to criticise, or to try to take enforcement action against, Germany for its unilateral rejection of the current regulations?

[James Brokenshire]

As I have indicated to the House, the Government have opt-outs and opt-ins for certain measures. There are aspects of Schengen that we are not party to, and we will not be party to the Schengen area. It is for those member states bound by those regulations to enforce compliance, with the Commission. That is rightly a matter for them and not for the UK.

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

I hope that the Minister will find a way to provide more support for unaccompanied children. Compassion demands it. Will he outline how the UK front-line support that is going to be provided to Greece and Italy will help to ensure that unaccompanied children already in the European Union do not go missing?

[James Brokenshire]

The right hon. Gentleman raises an important point about issues such as trafficking and exploitation. Kevin Hyland, the independent anti-slavery commissioner, will be travelling out to Greece and Italy shortly. The experts we are sending out will include people with knowledge and understanding of those issues in relation to children, so as to seek to provide greater assurance on the very matter he raised.

[Mr Steve Baker (Wycombe) (Con)]

Through their recent renegotiation the Government have demonstrated that an axiom of our EU membership is our common European citizenship, which implies the common treatment of people right across the EU. Will the Minister not concede that if the public vote to remain in the EU, he will not long be able to resist pressure in the Council of Ministers to concede our opt-out and to join the arrangements, whatever those are, in a process of bargaining away to achieve whatever happen to be the objectives of the Government of the day?

[James Brokenshire]

I do not concede that. The UK has very clear legal protections; indeed the way in which we opted out of a number of pre-existing justice and home affairs measures shows the clear approach of this Government in upholding what is in the UK’s best interests. I have been very explicit this afternoon in highlighting that we judge that being part of the relocation mechanism is not in the interests of the UK.

[Philip Davies (Shipley) (Con)]

Given that the Minister has said that the asylum regime may well change after the EU referendum, will he concede that there is no status quo on the ballot paper for the referendum, just as those who voted to stay in the Common Market in 1975 did not get the status quo? Given that Opposition parties seem to be working on the basis that other EU countries are incapable of providing decent and humane refuge to asylum seekers, does he agree that we should not want to be part of a political union that cannot treat asylum seekers properly and with decency?

[James Brokenshire]

On the status quo, the Commission has said explicitly that we can continue to uphold and operate the existing Dublin arrangements if we decide not to opt in to the new measures published today. That assurance is important. Clearly, we will continue to work to support other EU partners, to ensure that those who claim asylum on their shores are able to do so effectively. Our expert support is precisely in tune with that.

[Chris Heaton-Harris (Daventry) (Con)]

Part of the plan announced today is a proposal that European countries that refuse to give shelter to refugees could be forced to pay into the coffers of countries that do take them. We have the temporary opt-out on this at present, but will the Minister state that that opt-out is absolutely guaranteed and is one that we will not consider reneging on? Will he also publish the legal advice he has been given on the legal basis for that proposal?

[James Brokenshire]

I say to my hon. Friend that I am not referring to some temporary opt-out. Our ability to opt-in to measures on justice and home affairs matters is one of the basic principles of the treaty. I know he understands and recognises that. It is the basis upon which I have made my points to the House this afternoon.

[Mr Peter Bone (Wellingborough) (Con)]

The Minister has been involved on the issue of human trafficking for many years and so knows about the problem. One problem with continental Europe is its open borders. Whatever the other advantages of those open borders, they are a human trafficker’s charter. It seems to me that the new proposals will add to that problem. We want more checking, to stop the evil crime of trafficking.

[James Brokenshire]

I pay tribute to the work of my hon. Friend, who has done so much to highlight the issue and has assisted in the reforms that have taken place. We need to step up our response to organised immigration crime, which is why we have established the taskforce and will continue to work with European partners to highlight these important issues and see that children are protected and do not fall into the hands of traffickers. I hope that the work on the frontline and the further inputs from Kevin Hyland will assist us not just as a country but in supporting other member EU states.

Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts:

Enterprise Act 2016

Northern Ireland (Stormont Agreement and Implementation Plan) Act 2016

Bank of England and Financial Services Act 2016

Trade Union Act 2016

Transport for London Act 2016.

Asylum Seeker Dispersal Policy

James Brokenshire Excerpts

Tuesday 3rd May 2016 Westminster Hall

[The Minister for Immigration (James Brokenshire)]

It is a pleasure to serve under your chairmanship, Mr Hanson, I believe for the first time. I welcome you to the Chair and to your role.

I congratulate the hon. Member for Rochdale (Simon Danczuk) on securing the debate, and on his probing questions and focus on the subject. He spoke about the impact on his community, given the pressure from the number of asylum seekers, and he has flagged some of the issues. Let me say at the outset that I hope that we will continue the discussion outside the Chamber, perhaps in meetings between Serco, my officials, him and his council about the pressures and the matters he has brought to the House’s attention this morning.

On the overall background, the UK has a long and proud history of offering sanctuary to those genuinely fleeing persecution. I confirm that the Government remain committed to providing an asylum system that protects and respects the fundamental rights of individuals who arrive on our shores seeking refuge from persecution. The Government also want to send a clear message to those who seek to exploit the system—a point that was clearly made by the hon. Gentleman.

For those asylum seekers who would otherwise be destitute, the Government provide access to support services, in accordance with our international obligations. The Government provide that support through the COMPASS contracts, which have been mentioned, with three contractors: Serco, G4S and Clearsprings Ready Homes. The contracts provide asylum seekers who claim to be destitute with full-board so-called initial accommodation while their means are assessed, and then with the dispersed accommodation throughout the UK.

The Home Office is working hard with its contractors to ensure that all the accommodation provided to asylum seekers is safe and secure, and that asylum seekers are treated with dignity and respect, taking account of their vulnerability. We are also ensuring that the system is effective and efficient, and provides value for money for the taxpayer. Since the new approach came into operation in 2012, standards in asylum seeker accommodation have improved.

The specific point that the hon. Gentleman focused on was the policy that follows the period of initial accommodation: the dispersal of supported asylum seekers across a number of areas in the United Kingdom. The Immigration and Asylum Act 1999 introduced the policy of national dispersal, which was designed to share the impact of asylum seekers across the whole of the UK. At the time, in how it was constructed, the policy was intended to ease the burden of numbers on London and the south-east.

Not all asylum seekers are supported by the Home Office. Many are accommodated by their friends or relatives throughout the UK, often in London and the south-east of England, which also has pressure on local services from unaccompanied asylum-seeking children—I might comment briefly on that matter later. The legislation was introduced to relieve the pressures on the local authorities that had previously shouldered a significant proportion of the asylum seekers, given their proximity to the main ports of entry into the UK. The dispersal policy aims to ensure a spread among UK local authorities, and we work to a maximum agreed dispersal cluster ratio of one asylum seeker per 200 head of total population. We would not normally go beyond that ratio without the agreement of the relevant local authority.

Historically, approximately 100 local authorities were signed up to asylum dispersal. We have been proactively engaging with all areas that to date have not participated in asylum dispersal, with a view to negotiating voluntary agreements for them to do so. The number of participants now stands at 103, with approximately 20 more signed up. We are engaging with areas that to date have not participated. Since 2015, 21 new local authority areas have agreed to become dispersal areas, with another 28 areas in discussion with us and our housing providers.

Through regional strategic migration partnerships—which basically group together the local authorities within a particular region and are Home Office-funded forums—we work with the contractors, local government and other local agencies to plan the most appropriate dispersal of asylum seekers. The partnerships consider the impact on communities and local services so that adjustments can be made where appropriate. This is intended to ensure that community cohesion, social welfare and safety issues are properly considered. We judge strategic migration partnerships to be the best mechanism to achieve that focus. We are working in particular with the strategic migration partnership in the north-west, where there have been particular pressures, so that local authorities in the surrounding areas can play their part in assisting the partnership.

Asylum seekers are placed in initial accommodation while their claims for support are addressed. Initial accommodation is short term and, after successfully claiming for support, asylum seekers are housed in dispersed accommodation. In initial accommodation, which tends to be hostel or halls of residence-style accommodation, service users are put in touch with support services and healthcare and provided with meals. Across the UK, there are initial accommodation centres in Croydon, Liverpool, London, Glasgow, Cardiff, Wakefield and Birmingham.

As has been indicated in a number of the contributions to the debate, and as I am sure hon. Members will recognise, global events have meant that the number of asylum seekers—many of them destitute and in need of our support—entering the UK has increased this year. That, and a change in the mix of the nationalities and characteristics of asylum seekers, means increased demand on the asylum accommodation system. As the hon. Member for Rochdale correctly said, the number of asylum seekers accommodated in Rochdale has increased in recent years. I pay tribute to the town for its participation in the asylum seeker dispersal scheme and the support it has provided to asylum seekers for many years.

We work closely with local authorities that raise concerns about dispersal to help to address those concerns. Indeed, my officials and I have met individual MPs to listen and respond to local concerns, and I extend an invitation to the hon. Member for Rochdale to meet us to pursue a number of the points that he has flagged. For example, we have listened to the concerns of the local authority and stakeholders in Prestwick and ceased the use of contingency accommodation there. In Middlesbrough, we have agreed with the Mayor to reduce the number of asylum seekers to the 1:200 dispersal ratio by the end of December, and the population there is already reducing. In Manchester, Birmingham and Cardiff, we have listened to the concerns of local authorities and MPs and our providers are reducing, in a gradual and balanced way, their use of hotels as temporary accommodation.

I remain convinced that increasing participation in the asylum seeker dispersal scheme is the strongest long-term solution for avoiding the use of contingency accommodation such as hotels. The director general of UK Visas and Immigration has written to local authority chief executives to ask them to participate in dispersal, and I plan to write again to local authority leaders following the local council elections.

[Simon Danczuk]

Am I right to say that the Department has the power to instruct local authorities as opposed to asking them to co-operate voluntarily, or does it not have that power to mandate?

[James Brokenshire]

The hon. Gentleman made a point in his contribution about the powers in the 1999 Act, which have not been used to date. Our preference is to continue to work with individual local authorities through the strategic migration partnerships to get buy-in from those authorities on broader dispersal. We would face challenges if we were to try to create, effectively, a mandated national dispersal mechanism, which other hon. Members have highlighted their reservations about. Therefore, our focus remains on working with local authorities to establish how we can expand the number of participating authorities; and, as I have indicated, we are starting to see progress. There is clearly more to do, which is why I intend to take further action by writing out following the local council elections.

[Simon Danczuk]

I do not want to be overly partisan, but my office’s analysis shows that Labour local authorities do take asylum seekers and Conservative local authorities do not. That is broadly the situation. Surely a Conservative Minister in a Conservative Government could apply some pressure on his local authorities and local representatives to get them to take some of the burden that Labour authorities carry.

[James Brokenshire]

I can say to the hon. Gentleman that my local authority is a dispersal area; equally, other Conservative authorities do take asylum seekers in dispersal. As I indicated, we seek to expand those numbers further and I will continue on that in the months ahead.

I want to respond to this point specifically: despite the increasing numbers, we continue to process claims promptly. Indeed, the inspection by the independent chief inspector of borders and immigration found that the Home Office had made significant improvements in the efficiency and effectiveness of its management of asylum casework during 2014-15. It had met its aim of deciding all straightforward claims made on or after April 2014 within six months, while successfully clearing all straightforward claims lodged before 1 April 2014 by 31 March 2015. The inspection also found that non-straightforward cases were being monitored effectively and decided quickly once barriers were removed.

We continue to focus on driving further improvement and ensuring that cases are determined promptly. Of course there are some more complex cases, where we may have concerns over issues of previous criminality or perhaps even war crimes that individuals may be linked to in some way. It is therefore appropriate that we consider matters carefully and cautiously in those circumstances. However, I am clear about the need for an efficient and effective service. We have been driving that through change over recent years and we intend to retain a focus on that.

On the COMPASS contracts, the suppliers are contractually required to provide safe, habitable, fit-for-purpose accommodation to comply with the Housing Act 2004 and the decent homes standards. All Home Office contracts include performance standards that are defined in the contract and managed using key performance indicators. Any failure in delivering the critical service levels may result in deductions against submitted invoices in the form of service credits. The Home Office and the providers regularly inspect asylum seeker accommodation. All three contractors are currently meeting the key performance indicators for property standards. When any defects are found through the inspection regime, such defects are being rectified promptly and within contractual time limits.

I stress the change we have made in the inspection regime. We are listening more closely to service users—I think we had not previously listened and had that rightful feedback from them to a sufficient degree—and working with non-governmental organisations to pick up on issues where they arise, so that we are better able to target the inspection regime and address any concerns about the quality of accommodation that asylum seekers use. The Home Office regularly inspects properties in Rochdale and did so only last week. The inspections found that the accommodation was of a good standard and that the asylum seekers living there felt adequately supported.

To take the point raised by the hon. and learned Member for Holborn and St Pancras (Keir Starmer), the COMPASS contracts, as well as improving accommodation standards, remain on target to deliver £136.4 million of financial benefits during their lifetime compared with the cost of the previous arrangements. As I made clear at the recent, passionate Westminster Hall debate on 19 April on unaccompanied children, the Home Office takes its

“responsibility for the welfare of children seriously.”—[Official Report, 19 April 2016; Vol. 608, c. 286WH.]

We have stringent and statutory policy safeguards in place regarding child welfare. Ensuring that we treat children with care and compassion is a priority.

Last year saw a 56% increase in the number of unaccompanied asylum-seeking children arriving in the UK, particularly in Kent. The Government are grateful to all those in Kent and to other local authorities meeting that challenge for the excellent way in which they have responded to those pressures and we are keen that there should be no repetition of the situation that occurred in Kent last summer. That is why I have announced that we will put in place a national transfer scheme this summer to ensure a fairer distribution of unaccompanied asylum-seeking children across the UK. I am extremely grateful for the collaborative way in which the Local Government Association and the Association of Directors of Children’s Services have engaged with that work. I will be writing to all local authorities again after the local elections to provide further information about the scheme and the support mechanisms.

I am sure hon. Members will agree that the outpouring of support we have seen in response to the Syrian crisis has been incredible, from local authorities that have volunteered to take refugees as part of the Syrian resettlement programme, to offers of help from the general public, businesses and voluntary organisations. Less visible is the ongoing support in communities such as Rochdale and what they have been doing to provide for asylum seekers over a number of years. I pay tribute to those communities.

[Keir Starmer]

I have said before that I think the scheme to resettle Syrian families is very good, but I have a growing concern about a two-tier system. I know that there is much greater financial support for local authorities that house Syrian families than for those that house other asylum-seeking individuals. Does the Minister share my concern that there is a growing perception of a two-tier asylum-seeking system evolving?

--- Later in debate ---

[James Brokenshire]

It is important to remember that those who are arriving into the UK through the Syrian resettlement scheme are given refugee status on arrival. There is a distinction to be drawn between those granted refugee status and those seeking a refugee status that has not yet been established.

On the hon. and learned Gentleman’s point, we need to ensure that we retain focus across the system, in respect of the asylum system and also resettlement programmes. We continue to do that. I work very closely with the Minister for Syrian refugees to ensure that we recognise the pressures that may build up in certain local authority areas from supporting asylum seekers, as well as pressures for those that are meeting responsibilities under the refugee scheme, including in relation to unaccompanied asylum-seeking children. There are a number of different pathways and factors that need to be viewed in their totality. That is precisely what the Government are doing and will continue to do. I pay tribute to those communities that are taking action, supporting asylum seekers in their communities and playing their part. I am keen that we build on that support and join up between resettlement and asylum wherever possible, so that all communities across the UK are able to support unaccompanied children, asylum seekers and refugees.

I agree with a number of hon. Members that we need to continue to widen the dispersal system across the UK. That is what we are seeking to do, and we have had some important successes. That is the best way for the towns and cities of the UK to offer protection to those who genuinely need it. I am grateful to the hon. Member for Rochdale for raising this debate, and I look forward to continuing the conversation.

Immigration Bill

James Brokenshire Excerpts

Monday 25th April 2016 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move, That this House disagrees with Lords amendment 87.

[Mr Speaker]

With this, it will be convenient to discuss the following:

Lords amendments 88 to 101.

Lords amendment 60, and Government motion to disagree.

Lords amendment 84, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 85, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 86.

Lords amendments 183 to 215.

[James Brokenshire]

As you have set out, Mr Speaker, there is a range of Lords amendments in this first group. I will first speak to Lords amendment 60, relating to overseas domestic workers, and then to the Lords amendments relating to detention before moving on to Lords amendment 87, relating to refugee children.

I set out the Government’s response to James Ewins’ review in my written statement of 7 March. We have acknowledged the need to provide domestic workers who arrive in the United Kingdom in an abusive employment relationship with an immediate escape route from that situation, and we have acted on that. At the same time, the Government are concerned to ensure that such abuse is reported where it occurs. If that does not happen, we cannot take action against the perpetrators and abuse may be perpetuated. The Independent Anti-slavery Commissioner has endorsed that approach, making clear his concern that granting a longer extension of stay —as the Lords amendment would—irrespective of whether abuse has occurred, may create an environment in which criminals are ensured a continuous supply of domestic workers in which to trade.

[Fiona Mactaggart (Slough) (Lab)]

The right hon. Gentleman is aware that the alternative proposal is that, if someone leaves the employ of an exploitive employer, they should notify the Home Office of that change. That creates an opportunity to investigate the reasons for the departure and therefore to have a successful prosecution for the exploitation of an overseas domestic worker, which has not happened over recent years.

[James Brokenshire]

I respect what the right hon. Lady says, and we have considered the matter carefully. As she will know, Kevin Hyland, the Independent Anti-slavery Commissioner, has set out a clear view on the time period that should apply to the duration of the visa. He said that allowing annual extensions to all overseas domestic workers will significantly increase the risk of exploitation and possibly create an environment in which criminals could operate. Such cases had been happening prior to the 2012 change in visa rules.

We have already amended the immigration rules so that overseas domestic workers are admitted on conditions of stay that permit them, during the six-month period for which they are admitted, to change employer. They do not need to apply to the Home Office to do so. We have also already amended the immigration rules so that overseas domestic workers who obtain a positive conclusive grounds decision can obtain a two-year extension of stay. We have considered the concern that overseas domestic workers may not readily be able to secure alternative employment as a domestic worker if, even when they are referred into the national referral mechanism, their permission to work ends when the six-month period of their admission expires.

We will make a further change to address that, using the powers in section 4(1) of the Immigration Act 1971 to ensure that when an overseas domestic worker has been referred into the national referral mechanism during their initial six-month stay, their permission to take employment will continue while their case is assessed, and without the worker having to make an application. With that additional change, the measures will ensure that, when a worker arrives in an abusive employment relationship, they can leave it with the certainty that they will be able to continue working, while also ensuring that they are encouraged to report the abuse early. The Lords amendment is therefore unnecessary.

It is essential that overseas domestic workers properly understand the protections available to them and are provided with a safe space in which concerns about employment conditions can be raised at an early stage. It is not, however, clear that the Lords amendment’s provisions in respect of information meetings quite work. It does not appear sufficient to specify a requirement to attend such meetings in guidance issued to immigration staff if they are to be binding on the workers themselves, nor is it clear how we could require attendance to take place within the 42-day period, as the amendment provides, if the requirement to do so is triggered only at the end of that period.

We have already committed to implementing Mr Ewins’ recommendations concerning information meetings, so further legislative provision is not required. It would be sensible to preserve flexibility to decide whether the requirement to attend should be triggered at 42 days, as Mr Ewins’ originally proposed, or sooner, as the Independent Anti-slavery Commissioner has suggested. We also intend to link the requirement to attend such meetings to a registration scheme for employers, as part of a wider refocusing of our checks on employers, and to ensure that we are better able to prevent employers from bringing more workers to the UK when they have not complied with our requirements. We will do so through further changes to the immigration rules later this year. We will keep the position under review and have sufficient legislative powers to make any additional changes to protect overseas domestic workers. The Lords amendment is unnecessary, will not be effective in practice, and risks increasing the possibility of exploitation and creating an environment in which criminals can operate with impunity.

I turn now to Lords amendments 84 and 85. It is a well-established principle that there must be a realistic prospect of removal within a reasonable time period for an individual to be detained pending removal. Our current published policy in respect of immigration detention is that there is a presumption of liberty. Depriving someone of their liberty must be subject to careful consideration and scrutiny, taking into account an individual’s circumstances.

On these broad issues, I have appreciated the input of many colleagues from across the House. I take particular note of the all-party parliamentary group on refugees, led by Sarah Teather in the previous Parliament, which carefully considered the issues and made several important recommendations. I also value the opportunities that I have had to speak to a number of colleagues, including my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) and my right hon. Friend the Member for Meriden (Mrs Spelman), on several such issues. The Government take the matter seriously and announced a wide package of reforms, which is already under way, in response to the Shaw review.

The new adults at risk policy, due to be published in May, will recognise the dynamic nature of vulnerability and introduce a new focus on decision making with regard to immigration detention. Building on the current legal framework, it will strengthen the existing presumption against the detention of those who are particularly vulnerable to harm in detention. Individuals determined to be at risk will generally be considered as unsuitable for detention unless there is compelling evidence that other factors relating to immigration abuse and the integrity of the system are of such significance that they outweigh the vulnerability factors. A new gatekeeper function will provide additional oversight and scrutiny to ensure that detention is the appropriate option for those entering the detention estate. That will be further strengthened by a new approach to case management, with a clear focus on case progression via a removal plan and a process for a panel to review cases on at least a quarterly basis. The Government’s proposed motion is another important safeguard that will complement the wider reform, providing additional judicial oversight.

The proposal is that individuals will be automatically referred to the tribunal for a bail hearing six months after the point of detention, or if they have already applied for a bail hearing in the first six months, six months after that hearing. They will then receive further referrals at six-monthly intervals from the point of the last hearing. The referral requirement will act as a safeguard, ensuring that individuals who do not make an application themselves, for whatever reason, will have independent judicial oversight of their ongoing detention. Individuals will still be able to make an application themselves at any point. The package of reforms should result in fewer people being detained and for the minimum time possible.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I welcome the diligence and care that the Minister has afforded colleagues from across the House in relation to the package that was announced last week. It was also indicated that Stephen Shaw, who provided a helpful report, will undertake a further short review. Will the Minister provide some details about the timing of that report and whether its remit will include an assessment of the reforms that the Minister outlines, such as the additional judicial oversight and the impact that that has on length of time in detention?

[James Brokenshire]

I am grateful to my hon. Friend for his intervention, his insights and his work on the issue over an extended period. We want Stephen Shaw to evaluate the effect and operation of the reforms that we implemented in response to his review. Along with the various measures that we have outlined, they form part of our overarching package of reform to immigration detention.

On the timing, it is right that the system can be implemented and can run for a certain period. I therefore anticipate Stephen Shaw carrying out this short review towards the end of next year. That is an appropriate timescale, allowing us to implement the changes through to the end of this year and then see them run for the best part of a year, to ensure that his consideration is informed by a system that has bedded in.

[Danny Kinahan (South Antrim) (UUP)]

I spoke to the Northern Ireland Council for Ethnic Minorities and was told that its major problem was making sure procedures were followed. So when we look at the comments in a year’s time and review this, will we make sure that procedures are being properly followed and that we concentrate on that just as much?

[James Brokenshire]

I am sure Stephen Shaw took an overarching, wide-ranging approach in his initial report and will do so in his subsequent review. We want that to be in short order; we do not want it to extend into months, because it is about testing whether the reforms we have put in place—there are still more to come, with the adults at risk policy in May—had the effect we intended and therefore give effect to his key recommendations. I am sure he will be focusing on the practical implementation of the steps that we have implemented.

[Imran Hussain (Bradford East) (Lab)]

Like others, I welcome and await the guidelines in the light of the Shaw report, but does the Minister accept that all the reports on this matter, including the Shaw review, the inquiry by the all-party parliamentary group and the review by Her Majesty’s inspectorate of prisons, have asked for a much shorter period in respect of automatic judicial oversight, at nearer one month than six months? What does the Minister have to say about that?

[James Brokenshire]

This needs to be seen in the context of the reforms we are putting in place in the system, which is why I made reference to the quarterly reviews. This is about having a separate function whereby the removal plans will be subject to that internal scrutiny and then there is this automaticity in relation to bail hearings. It should be noted that the vast majority of those in immigration detention are there for only short periods—fewer than four months. We therefore think this is a right step to put in place, reflecting that desire to have that external arrangement. Indeed, it is open to anybody to apply for bail at any point, but we think there is a need for a further safeguard, which is why we have acted in the way we have, in terms of the amendments before the House this evening.

[Richard Fuller (Bedford) (Con)]

I have two quick points for the Minister. On the adults at risk policy and guidance he is putting together in May, will he confirm whether he will take input and advice from independent groups that have been working with people in detention over the past few years? Before a pregnant woman is detained, will an independent assessment be made, as is the case for children who are detained, following the changes we made in the previous Parliament?

[James Brokenshire]

We intend to publish the adults at risk policy in May and I am sure we will seek input from external parties. I appreciate that various stakeholders and organisations take an understandably keen interest in this area and in many ways have helped to frame and develop the policies we are bringing before the House this evening. Let me come back to my hon. Friend’s point about the detention of pregnant women later, because it may help the House if I set the position out and allow a further intervention then.

[Mrs Caroline Spelman (Meriden) (Con)]

I welcome the amendments that the Government have brought in to address the concerns raised in another place. When the Minister responds on the detention of pregnant women and the very reduced period that the Government are now proposing, will he assure the House that these women will still have access to full healthcare and that consideration will be given not just to where they are detained, but the way in which they are transported?

[James Brokenshire]

I am grateful to my right hon. Friend for highlighting this issue, which we consider carefully. I assure her that we will continue to look at those specific issues as we develop implementation of the policy. Important steps forward have been taken on the healthcare linkages at Yarl’s Wood and in the Bedfordshire healthcare system so that appropriate care and support is provided to pregnant women. I will reflect further on what she has said, particularly on her additional points about transportation.

I was pleased that the amendment to put the adults at risk policy on a statutory footing was accepted in the other place. However, on Third Reading it was amended further by the addition of a subsection placing an absolute exclusion on the detention of pregnant women. The Government do not agree that there should be an outright exclusion of pregnant women from detention. We must retain the ability to detain in certain limited circumstances—for example, where a pregnant woman who does not have the right to enter the UK is identified at the border and can be returned quickly, or where a pregnant woman presents a public risk or has a poor compliance history and the safe and most manageable way forward is a short period of detention prior to removal.

For some time now, I have listened carefully to concerns on the issue of detaining pregnant women pending removal. We had a wide-ranging Backbench Business Committee debate a few months back, and I have listened carefully to the representations made by my hon. Friends the Members for Bedford and for Wealden (Nusrat Ghani), and my right hon. Friend the Member for Meriden. Hon. Members will have noted that the Government’s written ministerial statement of 18 April has clearly set out our position on the detention of pregnant women. The Government have tabled a motion that will place a statutory time limit, broadly in line with that for families with children, which will end the routine detention of pregnant women. It would mean that pregnant women may be detained for up to 72 hours, for example, immediately prior to a managed return; to prevent illegal entry at the border where a return can be quickly arranged; or if a pregnant woman presents a public risk. There would be the ability to extend this up to a maximum of seven days in total in particular circumstances, but only on the basis of ministerial approval.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is important that we are very clear about whom we are detaining, particularly when it comes to detaining pregnant women. We know that the vast majority of people in Yarl’s Wood are victims of rape and sexual torture, and they come to us for sanctuary. The Minister talks about carrying out a review, but will he explicitly consider whether being a victim or a suspected victim of rape and sexual torture can be grounds for denying detention? It is the 21st century, and it is humiliating and not cost effective for us as a nation that we lock these women up, rather than set them free.

[James Brokenshire]

It is important to recognise that the majority of people in our immigration removal centres are not asylum seekers; some people will claim asylum when they have been taken into an IRC. The point the hon. Lady makes about vulnerability is powerful and important, which was why we commissioned Stephen Shaw to make the recommendations he did on these matters of vulnerability. I hope she will see when we publish the adults at risk strategy and those various points that weigh the relevant factors that we are taking precisely those elements into account and that the presumption should not be to detain unless there are overwhelming factors that support detention and mean it is appropriate. I ask her to hold fire perhaps until she sees that policy, and I look forward to engaging with her further once she has had that opportunity.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Stephen Shaw considered these matters and, I recall, concluded that there should be no detention of pregnant women. If the Minister is determined to go against that recommendation, surely he must have decided where those women will be detained. When will he tell that to the House?

[James Brokenshire]

The feedback we have received from a range of different organisations is that the facilities and support at Yarl’s Wood, and its links with the health service in Bedfordshire, provide an effective join-up to ensure that those needs are best met, but obviously we keep such matters under close and careful review. The right hon. Gentleman will recall our debates in the previous Parliament on the detention of children. The coalition Government were proud to introduce measures that pragmatically and practically ended the general detention of children, and we are using precisely that model and approach for pregnant women. We are learning from our experiences regarding the detention of children, but we recognise that there may be limited circumstances in which detention might be necessary, either to facilitate removal, or because a young person has been met at the border and the time during which they are held is still technically detention.

[Mr Carmichael]

I remember those debates well. They started from the presumption that Yarl’s Wood was not an appropriate place to detain children any more than Dungavel would be. Why are the Government now taking a different position?

[James Brokenshire]

The right hon. Gentleman will probably know that Yarl’s Wood is the only immigration removal centre that specifically detains women, so when we review it we must ensure that the best facilities for pregnant women are in place. This is not just about what happens in the centre; it is about how that links up to the broader health service. That is why we judge Yarl’s Wood to be the most appropriate place, but we keep such issues under careful review, including the continuing improvements that we want to see.

I promised that I would return to the point raised earlier about assessments. The family removals process operates removal plans for children, and as I said, we are taking a new approach to the use of detention, with focus on a removal plan. Therefore, when anyone goes into detention, that removal plan will need to be considered. As that work develops, there will be detailed consideration of the appropriateness of detention as part of a removal plan, and we are now implementing a number of reforms to detention.

[Nusrat Ghani (Wealden) (Con)]

I thank the Minister for acknowledging the work done across the House in changing the detention of pregnant women, and for coming before the Home Affairs Committee and responding so openly to the questions from me and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). In the debate in Westminster Hall I mentioned the midwifery unit in my constituency. Will the Minister shed light on what midwifery support will be available for women who will now be detained for a much shorter period?

[James Brokenshire]

I am grateful to my hon. Friend for her searching questioning and desire to bring about change, and I am pleased that we are considering these amendments this evening. As I have explained, there is a link between health services in Yarl’s Wood and the way that extends and links into midwifery services provided through the Bedfordshire healthcare system. We believe that that arrangement is right to provide joined-up care, with nurses and other health professionals coming from Bedfordshire into Yarl’s Wood to provide support for pregnant women.

[Richard Fuller]

I do not wish to underestimate the significant change in direction on immigration detention policy that my right hon. Friend outlined today and last week, but he will understand that scepticism remains about Home Office procedures and policies when they are put into practice—hence the request for an independent point of oversight. In the steps that he is outlining, will there be scope for independent oversight prior to the detention of a pregnant woman?

[James Brokenshire]

The best way to approach this is to implement the changes that I have outlined to the House this evening. Stephen Shaw will review those measures in 12 to 18 months, and I suspect that he will examine how the implementation, policies and procedures will have effect. I will continue to examine how best we can provide greater transparency. Although we have recently created more management information, this is about how we provide reassurance and greater clarity about this procedure. I will continue to reflect on how we do that, so as to give my hon. Friend—and others—greater assurance on what are sensitive matters.

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank the Minister for being so generous in taking interventions. I welcome the adults at risk strategy and look forward to scrutinising it. Will there be access to legal aid for women who have specific removal plans, so that that is as lawful as possible?

[James Brokenshire]

Some groups provide support and advice in immigration removal centres, but matters of legal aid are not for me at the Home Office but for colleagues in the Ministry of Justice.

Let me move on to the broader issue of Lords amendment 87. In opposing the amendment, I do not in any way question the motivation of those who tabled it in the other place, or the desire to see this country do more in the region, on the shores of the Mediterranean, and within Europe. The conflict in Syria continues to have a devastating effect on the lives of many men, women and children who have been displaced from their homes, their country, and their futures. The stories they tell of lives that have been uprooted, and the distressing images that we see of people fleeing in search of a better, safer life, are moving and compelling in equal measure.

I know that many Members have travelled to the region, or to the Greek islands or the camps in northern France, and they have been deeply moved by their experiences. I have appreciated the opportunity to listen to colleagues such as my hon. Friends the Members for South Cambridgeshire (Heidi Allen), for Bury St Edmunds (Jo Churchill), and for Eastbourne (Caroline Ansell), following their visit to the Greek islands, and my hon. Friends the Members for Enfield, Southgate, and for Faversham and Mid Kent (Helen Whately), following their visits to Calais. They set out the practical issues on the ground, and the need for this country to do more.

The Government wholeheartedly share the intentions of the noble Lords to protect and support vulnerable unaccompanied refugee children, but the challenge is how we most effectively harness our strong sense of compassion and moral duty. As my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) put it to me recently, this is about how we use both head and heart.

Our starting principle is that we must put the best interests of children first, and avoid any policy that places children at additional risk or encourages them to place their lives in the hands of people traffickers and criminal gangs. In any response, we need to be careful that we do not inadvertently create a situation in which families see an advantage in sending children ahead, alone and in the hands of traffickers, putting their lives at risk by making them attempt treacherous sea crossings to Europe. As the horrendous events in the Mediterranean last week demonstrated, that would be the worst of all outcomes.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Minister specifically mentions the horrific events in the Mediterranean last week. I have heard from a number of constituents who, through their family connections, knew of people fleeing. He mentioned Syria, but people are fleeing not just Syria but conflicts all across the horn of Africa and elsewhere. I have heard some absolutely harrowing stories from those who have survived those terrible crossings—people trying to travel from Alexandria being abused by people traffickers. Does he not agree that, when children survive such horrific tragedies, we need to do our bit in taking some of them here for protection in this country?

[James Brokenshire]

I will come on to the broader issues that the hon. Gentleman highlights. Clear judgments have to be made on how the UK most effectively provides support. I will come on to how we can help in Europe and to look at those issues that he highlights, which include: the trafficking gangs that exploit people across Africa and the broader regions; how we are playing our role in the Khartoum process to work with African Union countries to take action; and finding that common sense of engaging and working against the people trafficking and smuggling networks.

--- Later in debate ---

[Tim Farron (Westmorland and Lonsdale) (LD)]

rose—

[James Brokenshire]

I will if I may finish this point. As I have shown so far, I plan to be generous to all Members during the course of this debate.

No one should be in any doubt about the Government’s clear, ongoing commitment to help those most affected by the migration crisis. The doubling of our aid for the Syrian crisis to £2.3 billion—the largest ever response by this country to a single humanitarian crisis—underlines not just that commitment, but our commitment to act in practical ways to improve the lives of as many people as possible. Hundreds of thousands of people in Syria, Jordan, Lebanon, Turkey and Egypt are receiving food, shelter, medical treatment and support as a consequence of the actions of the UK. It is also about hope and opportunity and creating a strong sense of how we can quickly rebuild the lives of those torn apart by the war in Syria. The London conference in February galvanised commitments to create an estimated 1.1 million jobs for those in the region by 2018, and quality education for 1.7 million refugee and vulnerable children by the end of the 2016-17 school year, with equal access for girls and boys.

[Tim Farron]

The Minister is being very generous. He makes the point that action to help those who are stranded in Europe would somehow act as a pull factor. With respect, I think that that view is bogus, not least when we consider that there are four times more refugees in the region. The idea that Europe is the only place to which they are heading is nonsense. Even if one were to accept that, his decision not to accept the Dubs amendment is to ignore the tens of thousands of children who are in Europe now. The reality is that 10,000 have gone missing in the past year. They are in the hands of traffickers now. What will he do to help those children who are here on this continent now?

[James Brokenshire]

I was going to come on to that very point. Let me just say that it is about supporting those front-line member states and our other European partners to stand by their responsibilities. In essence, Europe should be a safe space; it is not a conflict zone. Therefore, we judge that the best way to make a difference and to help the greatest numbers of those in need is to support the majority of refugees to enable them to stay safely in their home region, which is why I made those points about aid and assistance. Where people have made that journey to Europe, we should help our European partners to fulfil their duties to them and to provide support on this issue of family reunification.

[Peter Kyle]

I am very grateful to the Minister for giving way; he has indeed been generous with his time. May I point him to what the Home Secretary said in her speech to the Tory conference last October? She said:

“We’ll develop a community sponsorship scheme, like those in Canada and Australia, to allow individuals, charities, faith groups, churches and businesses to support refugees directly.”

I have met the United Nations High Commissioner for Human Rights and many of the groups that she mentioned in that speech. They are ready to do it, and they have the systems in place, but the thing that is stopping them is the Government.

--- Later in debate ---

[James Brokenshire]

I was just talking to the Under-Secretary of State for Refugees, my hon. Friend the Member for Watford (Richard Harrington), and he made it clear that that is not true. We will come forward very shortly with proposals on the issue of sponsorship, which is important and which we do want to take forward, but it is important that we get it right. That is precisely what my hon. Friend is doing as part of the vulnerable person resettlement scheme.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister’s point was effectively that the children who are alone in Greece now are Greece’s problem, but Save the Children has said that 2,000 children are alone in northern Greece and there are fewer than 500 child shelter places for them, and those are full. What does he really want those children to do when they are sleeping rough, being targeted by traffickers and smuggling gangs, and subjected to abuse? Does he really think that that is just Greece’s problem and that we should not do our bit too?

[James Brokenshire]

No, I do not. That is why it is right that we are providing financial aid and assistance in that area. I will come on to deal specifically with that support to underline the important commitment that this country is giving.

[Mr Steve Baker (Wycombe) (Con)]

A few minutes ago, my right hon. Friend mentioned the actions of our European partners. Can he give the House an indication of how this Government’s actions compare with those of our European neighbours?

[James Brokenshire]

When we look at all these different aspects of our involvement—our aid assistance, the work of our resettlement programmes, which I will come on to shortly, the support we are giving in Europe, and the steps we are taking against smugglers and people trafficking networks with the taskforces that we have set up—we see that we can take very great credit in terms of the work that this country has done and continues to do. It is that focus that we will continue to bring to this issue. We know that the vulnerable and those most in need and most at risk may be best helped here in the UK. We launched the Syrian vulnerable person resettlement scheme to resettle 20,000 people over the course of this Parliament. Well over 1,000 people have been resettled to date, around half of whom are children. That means that, in the next four years, several thousand more children will be resettled in the UK under the Syrian scheme, but as I said in my statement of 28 January, we want to do more, especially for children most in need of support. That is why, last week, I announced a new resettlement scheme for children at risk. That initiative will be the largest resettlement effort to focus on children at risk from the middle east and north Africa region—children who might otherwise attempt their own perilous journeys to Europe and the UK.

We have worked closely with the UNHCR to design a scheme that will protect the most vulnerable children, resettling up to 3,000 people over the lifetime of this Parliament, the majority of whom will be children if the UNHCR deems it to be in their best interests. Children who are identified as at risk will be resettled with their family members or carers where appropriate. The scheme will not be limited to any particular nationality or group, which will allow us to assist the most vulnerable children whoever they are.

The UNHCR is fully supportive of the launch of this new initiative and the UK’s commitment to assist vulnerable refugee children at risk through further resettlement efforts that uphold the principles of child protection.

[Dawn Butler (Brent Central) (Lab)]

After being at the Council of Europe last week and hearing representations in relation to the claims made by Save the Children that 26,000 children have gone missing, and hearing other countries talk about what they are doing in regard to those children, I can say that we are not doing as much as we should be doing. To say that we will not pass this amendment will be embarrassing for us as a country.

[James Brokenshire]

I am afraid that I disagree with the hon. Lady.

I will now move on to the support we are providing in Europe, which I think it is important the House recognises. Although our judgment is that the UK can make the biggest difference in the region, and that children in Europe should benefit from support from countries with legal obligations similar to our own, it is right that we should provide assistance in Europe where there are vulnerable children in need of support, and the Government are taking action. The UK is the largest bilateral contributor to the humanitarian response to the crisis in Europe and the Balkans, with a total contribution of £65 million. That includes nearly £46 million to provide life-saving aid to migrants and refugees, including food, water, hygiene kits, infant packs and protection for the most vulnerable, as well as support to organisations helping Governments to build their capacity to manage arrivals in Greece and the Balkans.

On top of our significant support to front-line member states, the Department for International Development has created a £10 million refugee children fund specifically to support the needs of vulnerable refugee and migrant children in Europe. The fund will be used to support the UNHCR, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children in Europe. That includes identifying vulnerable children, providing for their immediate support, referring to specialist care and helping to find solutions, such as family reunification. On that last point, I am clear that it is important to help children reunite with family wherever possible.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister has said that one reason why the British Government will not take children from the continent of Europe is that it might encourage people smuggling from the middle east to Europe and unsafe journeys. However, when I was in Calais at Easter, I was told by aid workers that, as a result of the British Government’s refusal to take children from northern France, children are being trafficked into the United Kingdom and are attempting unsafe journeys by jumping on to or under lorries bound for the United Kingdom. Indeed, I have learned that one girl I met in one of the camps, alone and unaccompanied, has since entered the UK by trafficking methods. Will the Minister not take on board the fact that, by failing to take children from Europe, he is actually encouraging trafficking and unsafe methods of travel from France to Britain?

[James Brokenshire]

I am very happy to address that point head-on, because I think that there are a number of important ways in which we can take, and are taking, action. That is why I made the point about reuniting children with their families. The hon. and learned Lady will know that we have seconded additional resources to the European Asylum Support Office for Italy and Greece to implement and streamline the processes under the Dublin regulations, including to identify quickly children who qualify for family reunion.

On the specific point about Calais and northern France, I take these issues extremely seriously. I am personally committed to improving and speeding up our family reunification processes so that young people there who have families with refugee claims here can be reunited. That is why we had the recent secondment of a senior asylum expert to the French Interior Ministry to improve the process for family reunion, which I think has had an impact on the number of children being reunited with family in the UK. In the past six weeks over 50 cases have been identified, 24 of which have been accepted for transfer to the UK from France under the Dublin family unity provisions, and more than half of them have already arrived in the UK. I think that we have demonstrated that once an asylum claim has been lodged, transfers can take place within a matter of weeks.

Those who want us to do more on this can help us to do so by encouraging and supporting children to use the processes that are in place to help them be reunited with their family. I know that one of the biggest barriers at the moment is persuading these children to claim asylum so that they can be considered for transfer to the UK under the family unity conventions in the Dublin regulations.

[Heidi Allen (South Cambridgeshire) (Con)]

I do not feel that we are taking responsibility; at the moment, it is British citizens who are taking responsibility. I am afraid that seconding one person is not good enough. When I visited, with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), we saw a similar example of a child who had gone missing pitching up in Kent a week later. This is happening on a daily basis. One person is not enough. Can we please try to get more resources there?

[James Brokenshire]

As I think I have indicated, we are already providing support to the French Government, as the non-governmental organisation France Terre d’Asile has responsibility for identifying children in and around the camps at Calais and making sure that they go into the system so that we can do the child safeguarding, make those connections and see that they are reunited with family. That is why I underline the need to give a clear message to those who have connections to identify and support children so that they go into the French system, because we will act. I think that we have the systems and processes in place now to be able to act effectively. That is why it is important to see that operationalised, so that we are doing what we can, alongside the French Government, our Border Force officers and France Terre d’Asile, to ensure that when children are identified, they are immediately pointed to how they can get into the French system so that we can then act.

[Yvette Cooper]

rose—

[James Brokenshire]

I will give way to the right hon. Lady, as I know of her long-standing interest in this matter.

[Yvette Cooper]

I thank the Minister for giving way once again. On that point, Citizens UK has identified 157 live cases that have been put into the system, but he is saying that only 24 have in fact been accepted, and only half of those have actually made it to Britain. Why are they not all brought here straight away? Why are they still stuck in Calais, cold, living in tents in the mud and at huge risk, when he has accepted that they should be here with family who can care for them?

[James Brokenshire]

We are processing 50 cases, 24 of which we have accepted, but a number of those cases are complicated. It is a question of the safeguarding measures that need to be put in place for the children to be reunited with the families who are here. It is therefore more complex than it is sometimes presented. That is not in any way a desire on the part of the Government, or anyone else, to encourage delay. Rather, it is about the normal child safeguarding measures that I think are appropriate. I say to the right hon. Lady and to Citizens UK that if there are cases that can be linked to families here in the UK, get them into the French system. I make that point again and again, because we stand ready to act and to take charge where there are those links, and to see that if there are children in northern France who are separated from family in the UK, action is taken.

Those processes for family reunion are of course in addition to the unaccompanied asylum-seeking children who make their claims in this country. With over 3,000 asylum applications from unaccompanied children last year, I pay tribute to all those local authorities that, despite the unprecedented pressure on their services, are providing support to those young people. At the same time, we need to shut down the illegal migration routes to Europe that are exploited by human traffickers, who encourage people to risk their lives to make perilous journeys. The Government remain of the view that relocation schemes within Europe risk creating unintended consequences or perverse incentives for people to put their lives into the hands of traffickers. Instead, we are committed to providing safe and legal routes for the most vulnerable refugees to resettle in the UK.

The success of the EU-Turkey migration agreement is a vital opportunity to end the misery and lethal risk that smugglers and organised criminals are causing on a daily basis. We have made an offer of UK support to help implement the EU-Turkey migration agreement. We need to close down illegal crossings from Turkey to Greece and tackle migrant flows upstream. We are offering 75 expert personnel to help with the processing and administration of migrants in Greek reception centres, to act as interpreters, to provide medical support and to bolster our existing team assisting the Commission to ensure that there is effective and efficient co-ordination.

Those teams, which are ready to be deployed, will include experts in supporting vulnerable groups, such as unaccompanied asylum-seeking children, and those trained to tackle people trafficking. That will help to ensure that vulnerable people, including children, are identified and can access asylum and support procedures as quickly as possible. That is in addition to the work undertaken by the Anti-Slavery Commissioner, Kevin Hyland, to visit hotspots and assess what more can be done to ensure that unaccompanied children are protected from traffickers.

[Tim Farron]

I want to challenge the notion that the EU-Turkey deal is a success. I was at the Idomeni camp on the Greek-Macedonian border a fortnight ago. The camp is meant to host 300 or 400 people as they pass north towards northern Europe, but there were 25,000 people—there were children there as well—crammed into that small space, and they were absolutely desperate. The reason they are not moving from that place is that they have no trust whatever in the system or in the fact that wherever they are moved to next will not mean deportation out of Europe. The EU-Turkey deal may be great in principle, but in practice it has been stitched up for the benefit and convenience of politicians, not of those desperate people rotting in the camps.

[James Brokenshire]

I attended last week’s Justice and Home Affairs Council meeting in Luxembourg and I spoke to the Greek Minister. He has welcomed the offer of support that I have just set out, in terms of its practical operationalisation to help make things happen at the front end—in the Greek islands and in Greece. I have highlighted the financial and other support we are giving Greece and others to deal with some of these difficult and challenging issues, and we are playing our absolute part to address this issue and to see that the parts of the EU-Turkey deal happen and have the effect we would all want them to.

[Mr Alistair Carmichael]

The Minister stands there and says we are playing our absolute part, but he told us two minutes ago that we have in fact offered only 75 members of staff, when the Commission itself tells us it needs 4,000. How is that doing our absolute part?

[James Brokenshire]

The contribution we are making stands in very positive terms compared with what other European partners are doing. This is about identifying the right people to deploy so that we have the best effect, and that is precisely what we are doing.

I am conscious that I have spoken for an extended period, and I want other right hon. and hon. Members to get into the debate. For the reasons I have given, the approach proposed in amendment 87 is not the right one. As the selection of amendments notes, the amendment engages financial privilege, and the Speaker identified some of the issues that that raises in terms of the reasons we give the House of Lords.

Under amendment 87, we could end up relieving pressure on developed countries in Europe that have the means to support children, instead of helping developing countries that are under real pressure and that do not have the capacity to support them. The best answer is upstream intervention before children at risk try to come to Europe.

The Government are committed to making a full contribution to the global refugee crisis, particularly by helping children at risk. We strongly believe that our approach of resettling children at risk and their families directly from the region will have most impact on safeguarding vulnerable children. The significant aid package in Europe, and our practical and logistical assistance to front-line member states to ensure vulnerable children are properly protected wherever they are in Europe, is the correct way to approach this issue.

The UK can be proud of the contribution we are making, which stands comparison with any. We are doing everything we said we would to provide aid and to resettle vulnerable refugees. We are already making a real difference to hundreds of thousands of lives.

I recognise the sincere feelings of those who support amendment 87. We share the objective of identifying and protecting children at risk, but I firmly believe that the approach I have set out provides the best way to support our European partners, help vulnerable refugee children and provide the biggest impact for the contribution this country can make.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I thank the Labour Peers and the many Cross Benchers who brought these amendments before the House today. The amendments raise important issues, and none more so than amendment 87.

Amendment 87—the so-called Alf Dubs amendment—was tabled by Lord Dubs. As many people know, Lord Dubs arrived in this country in 1939 as an unaccompanied child under the Kindertransport system, so he speaks with particular authority. The vote in the House of Lords was won by 100 votes, reflecting the long campaign to change the position on unaccompanied children in Europe. That campaign has been supported by Members of this House, along with non-governmental organisations and charities. The matter was first raised by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who put it to the Prime Minister in September 2015. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has continually raised it, and I pay tribute to her work. I also pay tribute to Save the Children for raising this issue so much over the last year.

The issue is comparatively simple to state: hundreds of thousands of families across the world—millions of people in total—are fleeing their homes. The refugee crisis we are witnessing is on a scale we have not seen since the second world war. The Minister spoke of the devastating effect of war on so many people. We have become familiar with the images of families making treacherous journeys—often across the Mediterranean—but I am sure I speak for the whole House when I say we are all still shocked every time we see footage and images of desperate families making those desperate, treacherous journeys.

--- Later in debate ---

[Yvette Cooper]

My hon. Friend is exactly right. Let me make my position clear. I think that other countries should be doing more—I think that it is shocking how little child protection the French authorities have put in place around Calais, and that we need countries across Europe to do far more—but how can we urge them to do more if we are refusing to do anything to help and give sanctuary to those child refugees?

[James Brokenshire]

The right hon. Lady is making an important point about family reunification. Does she accept that the £10 million fund that we are providing through the Department for International Development is intended to help Save the Children and others to support the very thing that I think she is rightly calling for—stronger family reunification, whether in the United Kingdom or in Europe more generally—and that the UK is playing an important part in that respect?

[Yvette Cooper]

The Minister is right to say that we should be supporting family reunion, but, as I said to him in an intervention, that is simply not working in Calais. He and his Department cannot even tell me how many “take charge” requests the Home Office has received. We know that only a dozen of the children from Calais have actually arrived in the first place. [Interruption.] The Minister says that it is 24 now. He has already said that 24 children have been accepted for transfer, but only half of those children have actually arrived in Britain, because the process is simply taking too long.

The Minister is, of course, right to say that we should be trying to assist family reunion from Italy and Greece, but the £10 million that he has announced is funding for charities. It is true that charities can do great work, and they are already doing important work in Calais to help children there. Ultimately, however, it is not enough to ask charities to help if the French and British Governments are refusing to do their bit to speed up the system and provide the legal sanctuary that those children need, and the same applies to the children in Italy and Greece.

Although charities can do great work, they cannot provide the necessary authorities, the legal foster care, the statutory children’s homes, and the statutory child protection. It is Governments who need to do that: the Government in Greece, the Government in Italy, the Government in France, and the Government here in Britain, who should also be doing their bit.

[James Brokenshire]

This is the last time I shall intervene on the right hon. Lady; I do not want to interrupt her flow. On that last point, does she accept that the Government’s offer to put 75 extra people on the ground in Greece, including specialists with the ability to support the Greek Government, demonstrates the fact that the UK Government are playing their role in supporting Greece to do the things that she is calling for?

[Yvette Cooper]

The Minister knows that I have welcomed many of the things that he has announced at every stage. I welcomed the announcement that the Government made in January, for example, just as I welcomed its re-announcement this week. It is sad that, at each stage, they have had to be pressurised into making those announcements, but I welcome them nevertheless. However, the International Rescue Committee and other agencies are saying that the lack of sufficient staff in Greece and Italy means that there are hugely long delays in processing the cases. With regard to the idea that those 75 people are going to make all the difference, that is still not an alternative to Britain doing its bit to provide sanctuary as well.

The UNHCR reports that there have been instances of

“children engaging in survival sex to pay smugglers to continue their journey, either because they have run out money, or because they have been robbed”.

Europol has warned that children, young women and lone refugees are being targeted for exploitation because there is not sufficient protection when they arrive, and that 10,000 child and teenage refugees have disappeared, often into the arms of criminal gangs. This is modern slavery of the kind that the whole House united to condemn just 12 months ago when we passed the new legislation. It is the same modern slavery that the Home Secretary described as being

“an affront to the dignity and humanity of every one of us”.

The House has the chance today to protect the dignity and humanity of 3,000 children and to stop them falling into modern slavery in Europe, so why is the Home Office still refusing to act?

I want to deal with the Minister’s points in turn. First, he says that we are doing our bit by helping children and families in the middle east and north Africa instead. I welcome what we are doing there. As I understand it, the figure of 3,000 will involve children and families, and not simply children alone, because as a result of UNICEF’s advice, the Government have broadened the scope to include children and families. However, this is not an either/or. Just because we are protecting and helping some of those from outside Europe does not mean that we cannot do our bit to help those in Europe as well. Some of the children who are in the detention centres in Greece and the tents in Calais and who are sleeping rough on the streets of Naples now face risks that are greater than those they faced when they were closer to home.

Secondly, the Minister said earlier that this was effectively a matter for the other European countries where the children are right now. The problem is, however, that Italy and Greece are overwhelmed. Germany and Sweden have done much to take in unaccompanied children, but they are struggling to find guardians or places in children’s homes and hostels for more. If we want other countries to do more, we also have to be prepared to do our bit. Of course it is not easy. There would have to be proper support, protection and safeguarding, and robust checks would also be needed. Some of the children and teenagers will have profound and complex needs as a result of the trauma and abuse that they have experienced.

It would also be wrong simply to leave this to Kent to cope with alone. I have had local councils and councillors from right across the country contacting me to say that they want to do more to help. I have heard from organisations such as Home for Good, which represents foster families who want to do more to help, as well as from community groups and faith organisations across the country who think that we should act. We especially have a responsibility to those who have family here. I have raised with the Minister my concerns about the failure to apply the Dublin agreement to Calais and about the number of children who are still stuck in the cold and the mud there; 157 cases have been identified by Citizens UK, yet so few have actually come to Britain. We have been raising that with Ministers over many months.

The Minister pointed out the need to do proper safeguarding checks and assessments and to investigate the families that reside here. He is of course right that safeguarding is necessary, but why is he not thinking about safeguarding them in Calais? They are there right now, in tents, at risk of huge abuse, at risk of gangs, at risk of trafficking, and at risk of taking crazy risks, because that is what teenagers do. Lives have been lost as a result. In January, a 15-year-old was killed in the back of a lorry in Dunkirk. His sister lives in west London. In March, a 17-year-old was killed in the wheel arch of a lorry in Oxfordshire. His uncles lives in Manchester. In April, a seven-year-old nearly suffocated in a lorry in Leicester. That he did not was only because an aid worker in Calais had given him a mobile phone and he was able to send a text message saying that he did not have any oxygen. The aid worker was able to alert the police, and they traced him and his older brother, who would otherwise have suffocated in a lorry. No matter how many times the Minister tells us that it is, the system is not working. He also claims that we are providing support to charities and financial support to the region, but it is not enough. It is not an alternative to Governments acting and providing legal help.

The Minister said that if we take child refugees from Europe, that will encourage more to come, but that argument is deeply wrong. Few of the child refugees in Europe have come because they want to travel to Britain. Many are trying to reach family, which will not change whether or not we take more child refugees. Many are just trying to find somewhere safe anywhere in Europe and that will not change either. Frankly, many do not know where they are going or what they are doing. They may have been trafficked or separated from family along the way.

Action on smugglers, border checks, working with Turkey, a strategy for Libya, or providing alternative safe and legal routes—all of those things may make a difference in preventing people from making a perilous journey in the first place. However, whether Britain takes 3,000 of the 95,000 children who are already in Europe simply will not make a difference to the number who try to come. These children have arrived, they are already here, and they need sanctuary and support. The danger is that the Government are actually saying that it is better to leave them to face those risks and that we should be prepared to abandon thousands of children to a life of exploitation, prostitution and abuse, because that somehow might prevent other children from getting on a boat. That is immoral, because they are children and not only should they have shelter, but they should be in school, where many of them have not been for years. Many of the refugees are a similar age to my children, who are in school and doing exams. It is an age at which children need support and help, not to be turned away.

When the Kindertransport legislation was passed in Parliament, MPs of all parties supported Britain’s leadership in helping child refugees. Alongside Alf Dubs, other Kindertransport survivors, such as Rabbi Harry Jacobi, who came across on one of the last boats out of Amsterdam, and Sir Erich Reich, have spoken out to urge us to do more now. All of them have joined with the Board of Deputies of British Jews, the Church of England, the House of Lords, Save the Children, the Refugee Council, Citizens UK, the Jewish Council for Racial Equality, local government, community groups and faith groups to urge MPs to do the right thing today. We are rightly proud of what the Kindertransport did and of the cross-party support in Parliament, but will today’s vote on child refugees be a similar source of pride for future generations or a source of shame?

We rightly commemorate the Kindertransport and the life of Sir Nicholas Winton, who rescued hundreds of Jewish child refugees. His picture is now on the Royal Mail’s first-class stamp. When it was launched, the Home Secretary called him

“an enduring example of the difference that good people can make even in the darkest of times.”

She called him a hero of the 20th century. He was. We need heroes for the 21st century, too. It is no good just congratulating ourselves on Britain’s past if we are not prepared to show the same support and sanctuary today. It is no good telling children the parable of the goodand be disappointed about how we voted today. Let us all, from all parts of this House, stand together and support the Dubs amendment.

Section 40 (4a) of the British Nationality Act 1981

James Brokenshire Excerpts

Thursday 21st April 2016 Written Statements

[The Minister for Immigration (James Brokenshire)]

David Anderson QC, Independent Reviewer of Terrorism Legislation, has completed the first review on the operation of section 40(4A) of the British Nationality Act 1981. His report will be laid before the House today.

I am grateful to David Anderson for his considered report. He continues to provide important independent scrutiny of UK counter-terrorism legislation.

The report makes no recommendations, but sets out the evolution of the power under review and provides observations on the power, and on deprivation more broadly. The Government’s positions on the issues raised in the report are a matter of public record.

The report provides the basis for future reviews which may have the opportunity to consider examples of the operation of the power which, as was intended, is only likely to be used in a small subset of the most serious cases..

The next report is required to be produced and laid before the House after 28 July 2019.

[HCWS695]

Refugees and Resettlement

James Brokenshire Excerpts

Thursday 21st April 2016 Written Statements

[The Minister for Immigration (James Brokenshire)]

Following my statement on 28 January, the Government have continued to work to provide support to refugee children. We have always been clear that in order to provide the best help to the greatest number of those in need, we need to support the majority of refugees to stay safely in their home region.

That is why we recently doubled our aid for the Syrian crisis to £2.3 billion, our largest ever response to a single humanitarian crisis. This support has reached hundreds of thousands of people in Syria, Jordan, Lebanon, Turkey, Iraq and Egypt. To galvanise international efforts we co-hosted the “Supporting Syria and the Region” conference in London on 4 February, securing pledges of more than $11 billion, the largest amount ever raised in one day for a humanitarian crisis. These commitments will create an estimated 1.1 million jobs for refugees and host country citizens by 2018. By the end of the 2016-17 school year, 1.7 million refugee and vulnerable children will be in quality education with equal access for girls and boys.

Today I am able to announce the results of work with UNHCR and informed by a roundtable with NGOs, local authorities and devolved administrations to provide a resettlement route to the UK, specifically designed for “Children at Risk” from the middle east and north Africa region. On the UNHCR’s recommendation the scheme will not target unaccompanied children alone, but will be extended to all “Children at Risk” as defined by the UNHCR. This broad category encompasses unaccompanied children and separated children—those separated from their parents and/or other family members—as well as other vulnerable children such as child carers and those facing the risk of child labour, child marriage or other forms of neglect, abuse or exploitation.

Through this category we will resettle the most vulnerable children, accompanied by their families, where the UNHCR deems resettlement is in the best interests of the child. We will commit to resettling several hundred individuals in the first year with a view to resettling up to 3,000 individuals over the lifetime of this Parliament, the majority of whom will be children. We will also review the scheme at the two-year mark. This unique initiative will be the largest resettlement effort that focuses on children at risk from the MENA region and will be over and above the commitment to resettle 20,000 refugees under the Syrian resettlement scheme. It will be open to all at risk groups and nationalities within the region, with the best interests of the child at the heart of the scheme. The UNHCR is fully supportive of the launch of this new initiative and the UK’s commitment to assist vulnerable refugee children at risk through further resettlement efforts which uphold the principles of child protection.

The Government are committed to making a full contribution to the global refugee crisis, in particular by helping children at risk. We firmly believe that we can make the biggest difference and add most value by supporting children and their families in the conflict region while providing a route to the UK for the minority of vulnerable or at risk cases where resettlement is judged by the UNHCR to be in the child’s best interests.

At the same time we need to shut down the illegal migration routes to Europe, exploited by human traffickers who encourage people to risk their lives to make perilous journeys. The success of the EU-Turkey migration agreement is a vital opportunity to end the misery and lethal risk that smugglers and organised criminals are causing on a daily basis.

Following discussion with the European Commission and the Greek Government I can today announce that the UK will be offering 75 expert personnel to help with processing and administration of migrants in reception centres, act as interpreters, provide medical support and bolster our existing team assisting the Commission to ensure effective and efficient co-ordination. We will also provide vital equipment and medical supplies. This is in addition to the UK maritime contribution, with three Border Force vessels assisting the Hellenic Coastguard to conduct search and rescue missions, and a Royal Navy vessel as part of the NATO mission in the Aegean.

The teams we send to Greece will include experts in supporting vulnerable groups, such as unaccompanied children and those trained to tackle people trafficking. This will help ensure that vulnerable people, including children, are identified and can access asylum procedures as quickly as possible. This is in addition to the work undertaken by the Anti-Slavery Commissioner, Kevin Hyland, to visit hotspots and assess what more can be done to ensure unaccompanied children are protected from traffickers.

To increase support to refugees in Turkey the Government are contributing £250 million to the initial €3 billion Turkey refugee facility. This is expected to provide immediate humanitarian support as well as funding for schools, hospitals and housing. We are also working with the Turkish Government to identify what expert support would best assist their immigration and asylum services in handling migrants returned under the EU-Turkey agreement.

We continue to take action within Europe to assist vulnerable migrant children. The UK is the largest bilateral contributor to the humanitarian response to the crisis in Europe and the Balkans with a total contribution of £65 million. This includes nearly £46 million to provide life-saving aid to migrants and refugees including food, water, hygiene kits and infant packs, and protection for the most vulnerable, as well as support to organisations helping Governments build their capacity to manage arrivals in Greece and the Balkans. The efforts of the partners we fund are targeted to reach the most vulnerable—including children.

It also includes the £10 million refugee children fund the Department for International Development (DFID) has created to support the needs of vulnerable refugee and migrant children specifically in Europe. The fund will support three specialist and mandated organisations UNHCR, Save the Children and the International Rescue Committee (IRC) to work with host authorities to care for and assist unaccompanied or separated children in Europe and the Balkans. This includes identifying vulnerable children, providing for their immediate support, referral to specialist care, and helping find solutions such as family reunification.

It is important to use the tools available to help children reunite with family wherever possible. The Government are committed to meeting our obligations under the Dublin regulation. We have seconded additional resource into the European Asylum Support Office totalling over 1,000 days of expert support to Italy and Greece to implement and streamline the Dublin process, including to quickly identify children who qualify for family reunion. And we continue to work with the French authorities to address the situation in Calais, including through a permanent bilateral standing committee to improve co-operation on Dublin transfers, particularly family reunion.

The recent secondment of a senior asylum expert to the French Interior Ministry to improve the process for family cases has already resulted in a significant increase in the number of children being reunited with family in the UK. In the last six weeks 24 cases have been accepted for transfer to the UK from France under family unity provisions, more than half of whom have already arrived in the UK. Once an asylum claim has been lodged in another member state we have demonstrated that transfers can take place within weeks.

We will do all we can to ensure that children in Europe with a right to be reunited with their family in the UK are supported to do so. However, the Government remain of the view that relocation schemes within Europe risk creating unintended consequences or perverse incentives for people to put their lives into the hands of traffickers. Instead we are committed to providing safe and legal routes for the most vulnerable refugees from Syria to resettle to the UK. Under the Syrian vulnerable persons resettlement scheme we are committed to resettling 20,000 vulnerable refugees by 2020. In the last quarter of 2015 we resettled 1,085 Syrian refugees under this scheme over half of whom were children.

[HCWS687]