Oral Answers to Questions

Debate between Stuart C McDonald and Alex Sobel

Thursday 16th November 2023 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

1. What recent assessment she has made of the potential impact of AI on the creative sector.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

4. What assessment she has made of the potential impact of AI on under-represented groups in the creative industries.

[The Minister for Media, Tourism and Creative Industries (Sir John Whittingdale)]

I will endeavour to be succinct. AI offers huge benefits and opportunities to the creative sector, but it also brings challenges. The Government have engaged extensively with the creative industries and others about it and will continue to do so.

EU Settlement Scheme

Debate between Stuart C McDonald and Alex Sobel

Wednesday 7th July 2021 Commons Chamber

[Stuart C. McDonald]

I am absolutely not scaremongering. I spoke for about two hours yesterday to the3million, which I have repeatedly asked the Minister to meet, and I do not think he has yet. The organisation receives reports from EU nationals across the country who are encountering difficulties, some of which I will set out. I have already welcomed the fact that more than 6 million people have applied, and I will say a little more about that in a moment. I am not scaremongering; I am passing on what EU nationals are telling the3million and me.

On the other hand, the Government are saying that we should shout about and celebrate the success of the EU settlement scheme. As I have said, I praise the civil servants who have worked hard to ensure that more than 6 million applications have been processed and granted. The reason why tens of thousands, if not hundreds of thousands, of people have fallen through the gap is not down to the civil servants, albeit that there have inevitably been rough edges and problems because of the fundamental flaws in the decisions made by the Home Secretary and her predecessors. In essence, they opened a horrible big trapdoor and they now want us to thank them for the fact that only tens or hundreds of thousands of people have fallen through it—potentially into the hostile environment.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

I am particularly concerned about the status of children, many of whom have grown up in the UK: their status is unclear and it is even unclear whether they are British citizens. There is also a big loophole when it comes to pregnant EU citizens who have applied to the scheme. The status of their yet-to-be-born children is really unclear. The situation is full of loopholes and flaws.

[Stuart C. McDonald]

Lots of questions and loopholes have been identified. The fact that the Home Office had to issue hundreds of pages of guidance, even in the two or three weeks prior to the end of the transition period, shows that the issue has been difficult for it to address.

I come to what this debate should be about, which is looking forward to what can be done. We absolutely maintain that even now a declaratory scheme would be far preferable—people would still apply to the settlement scheme to prove their status, but at the very least the huge uncertainty would be removed and security would be delivered for them. Short of that, surely to goodness the transition period should be extended. There are a million reasons why that would be sensible—not least covid. Outreach work has been curtailed and embassies and scanning centres have been closed. People are not ready.

It is important to remember that this is not just a question of EU nationals being ready, but of employers, the Driver and Vehicle Licensing Agency, Department for Work and Pensions staff, landlords, local authority staff and bank staff having to be ready and NHS staff having to understand. As I said, the Home Office itself was still pumping out hundreds of pages of guidance in June and making tweaks to the system. I do not think the Home Office was ready for the end of the transition, and I do not think it can expect all those other organisations to be ready either. As I will mention, there is also an enormous backlog of cases.

Alternatively, the Government could at least remove the requirement for a reasonable excuse and keep the scheme open for the duration. It has to be open anyway, both for late applications and for people with pre-settled status who then go on to try to secure settled status. Why not simply allow people to come forward as it becomes necessary to secure their rights?

To be absolutely fair, the guidance on the reasonable excuse provision is reasonably generous, and more generous than it could have been, so I thank the Minister for that. But the very existence of that test plants huge seeds of doubt in people’s minds—if I have any doubt about whether my excuse will be accepted, am I putting myself at risk of enforcement action? I say that we should continue to encourage people to come forward, not discourage them.

That last proposal would be better than nothing, but it would not protect people from the impacts of the hostile environment in the meantime. That hostile environment is supposed to be undergoing an end-to-end review in the light of Wendy Williams’s Windrush report. The fact that the review has not yet been completed should be another ground for extending the grace period. More fundamentally, the hostile environment should be entirely suspended until the review takes place and its findings are implemented. All these are real, sensible, constructive options, open to the Government, that would ease the pain of the process. I hope the Government listen.

I turn now to a tiny number of examples of how difficult, technical and confusing the process has become. I am highlighting what groups such as the Joint Council for the Welfare of Immigrants and the3million are telling me. I do that to press the Minister for a response and to underline the case that there has at least to be an extension to the transition period.

First, I turn to the question of those who applied before the deadline but are still waiting for a decision. How on earth is it that, as I understand it, the backlog has risen to 570,000 cases? Back in October 2019, the resolution centre was able to conclude just over 400,000 cases, but in each of the three months up to the deadline, as I understand it, fewer than half that number were concluded each month, despite additional staff having been drawn in from the Post Office and elsewhere. Is that backlog not enough in itself to justify an extension?

Can the Minister tell us how many applications received in June were dealt with in the five-day target? According to EU settlement scheme statistics, applications from children comprise 15% of the total, with decisions on 25% of applications still pending; they also comprise around a quarter of applications pending for over three months. Why is that?

In theory, the full rights of people with outstanding in-time applications are protected while they wait—and that, of course, is welcome. But what is the reality on the ground? Already, all sorts of reports are coming in to representative groups about employers and landlords—and also the Home Office’s own Border Force staff—getting the checks wrong. That does not surprise me, because the situation is messy.

Some people with outstanding in-time applications will provide their prospective employer or landlord with a certificate of application to show that they have made the application. Some will provide a physical certificate, printed off, that leads to the employer contacting the employer checking service or the landlord checking with the landlord checking service. Others still will not have a certificate of approval but just an acknowledgement email; that, too, should lead to the checking service being consulted.

But in the last few days, the Home Office has started sending digital certificates of application to avoid the need for anyone to use the checking services, which can take a couple of days. The applicant will provide a code to the prospective employer or landlord, and when that is input into the system it should confirm that an application is outstanding. I hope hon. Members followed that, because all of us in this House are employers, but given that the guidance was issued only a couple of weeks before the deadline, I suspect that there are huge swathes of employers and landlords out there who do not have the first clue what somebody means when they approach them for a new tenancy or a new job and say, “Here’s my digital code. This should tell you that I have an application outstanding.”

Immigration

Debate between Stuart C McDonald and Alex Sobel

Wednesday 26th June 2019 Commons Chamber

[Alex Sobel (Leeds North West) (Lab/Co-op)]

Many people come to see me in my surgeries about family visit visas. The hostile environment is extending to such a degree that people cannot bring their family members over for a visit, because there is a presumption that they will stay once they are here. The Home Office is so bogged down in its attitude towards anybody who wants to come to the UK that we are not able to make progress. Should there not be wholescale reform of the system?

[Stuart C. McDonald]

There should indeed be wholescale reform of the visit visas and related decision-making processes. Families find themselves in a particularly horrendous position because the family visa rules have been tightened so much that so many family members cannot come here permanently. But when they come to visit, they are then accused of coming here under false pretences in order to stay deliberately, so they are in a Catch-22 situation. I will return to family visas in a moment. The point I am trying to make is that if we do not learn the lessons from these disastrous mistakes, we are bound to repeat them, and there is a serious risk that the Government are going to do just that with the 3 million EU citizens.

As an increasing number of voices across the House—including the Home Affairs Committee—have said, the EU settled status scheme has a fundamental flaw at its heart. Even with the best will in the world and even with the Home Office pulling out all the stops to try to make the scheme work, hundreds of thousands of EU nationals in this country will not be aware of or understand the need to apply. They will lose their rights overnight and will be thrown even deeper into the hostile environment than the Windrush generation. The Government must therefore enshrine the rights of EU nationals in law, leaving them to use the settled status scheme as a means of providing evidence of status, rather than actually constituting the status itself. The Home Office must listen; otherwise this Parliament will have to make it listen to protect our EU citizens from the same disastrous fate as the Windrush generation.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Stuart C McDonald and Alex Sobel

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons & Ways and Means resolution: House of Commons
Monday 28th January 2019 Commons Chamber

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

It is always nice to start with a note of consensus, so let me say that I agree that we need an immigration Bill and I welcome the one solitary clause in relation to Irish nationals. Sadly, that is where the consensus ends. Let me say unequivocally that the Scottish National party opposes the Second Reading of the Bill.

There is so much wrong with the UK immigration system that needs fixing, but this Bill will not fix anything; in fact, it will make things much worse. The UK immigration system is built on the flawed twin pillars of a ludicrous net migration target and an obnoxious hostile environment policy exposed in all its nastiness by the Windrush scandal. That scandal is yet to be adequately and fully investigated or resolved. Meanwhile, the chief inspector of borders and immigration points out that the Home Office makes no effort to measure the effects of the hostile environment, but we know that turning NHS workers, landlords and bank staff into border guards has had terrible implications for too many people. This Bill does not end the ludicrous net migration target or the hostile environment; instead it will see more people ensnared by both.

We have the disgraceful situation of being alone in Europe in insisting that indefinite detention is perfectly okay simply for immigration purposes. Report after report flags up the terrible effect it has on detainees, yet there is nothing in this Bill to fix it.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

The hon. Gentleman is making excellent points about indefinite detention. Does he agree that one reason why the Government and Conservative MPs argue for indefinite detention is that they claim that otherwise there will be a pull factor and more people will come in? Actually, that has been disproved: academic studies show that there is no pull factor in this, so there is no need to have indefinite detention.

[Stuart C. McDonald]

There is absolutely no need for indefinite detention and the fact that we are the only country in Europe that has to have it shows that every other country manages perfectly well without it. Basically, it is an affront to democracy and the rule of law. It is a human rights disgrace and the Bill should be used to scrap it altogether.

We have among the most anti-family immigration rules in the world, splitting up partners, spouses and parents from children if the UK sponsor cannot meet the £18,600 financial threshold.