I must inform the House, as I have just done in the previous item of business, that Mr Speaker has not selected any of the reasoned amendments. I am delighted to call the Home Secretary to move Second Reading. The Home Secretary is asked to speak for no more than 20 minutes.
I beg to move, That the Bill be now read a Second time.
We meet here today in extraordinary circumstances. Our way of life has changed beyond anything we could have imagined just a few months ago. The British people are making extraordinary sacrifices as we pull together to combat this deadly pandemic. Coronavirus is the biggest crisis this nation has faced in my lifetime, and we must do everything in our power to control the virus as we reopen society and support the United Kingdom’s recovery. Our national recovery will reflect many new norms, including how we look to the future as a confident, outward-facing, global Britain, open to the world now that we have left the EU.
The Bill will play a vital role in our future recovery plans. It will end free movement and pave the way for our new points-based immigration system: a firmer, fairer and simpler system that will attract the people we need to drive our country forward through the recovery stage of coronavirus, laying the foundation for a high-wage, high-skill, productive economy; a system that works in the interests of the British people, allowing us to attract the very best talent from right around the globe; a system that will revolutionise the operation of the UK border, tightening security and keeping criminals out while also making the experience of coming to the UK transparent, smoother and simpler; a system that, for the first time in decades, allows us, as an open and democratic country, to set our own controls and to count people in and out; a system that will attract the most talented people from around the world to boost our economy and support our public services to rebuild and thrive, including our outstanding NHS.
Since publishing the details of the new points-based system in February, our world has undoubtedly changed, but what has not changed is the Government’s unwavering support for our NHS and its incredible professional staff. They are the very best of Britain. That is why we are introducing a new fast-track NHS visa, to prioritise the qualified staff needed to provide high-quality and compassionate professional care. During these exceptional times, it is right that policies that affect our NHS workers are kept under review, including the immigration health surcharge. That is why I recently announced a free automatic one-year visa extension for those with six months or less left to stay on their visas. Our EU settlement scheme enables EU citizens who made our country their home to continue to build their lives here, including those working in the NHS.
As Britain fights back against coronavirus, controlling the virus to save lives remains the Government’s top priority, but it is also our duty to continue to serve the public by delivering on the people’s priorities so that when these darker days are behind us, we can focus on building a brighter future—a brighter future for people in cities, towns and villages across all four nations—and, as we have promised, on levelling up right across the country, especially in those areas that have been left behind in economic renewal in the past and communities that placed their trust in us back in December last year.
A great deal has changed over the last four years, but the one thing that has remained stable is the Labour party’s refusal to support the end of free movement. The leader may have changed, but the dogged determination to deny the will of the people has not. From Bolsover to Blyth Valley, Darlington to Stoke-on-Trent South, and beyond, the message to this House from the British people at the ballot box was clear: they voted to end free movement and for a firmer and fairer points-based immigration system, with control over who comes into our country based on the skills they have to offer, not where they come from.
We are enormously proud of our deep and historical ties with Ireland, and of the contribution Irish citizens have made to the UK over many years, which is why the Bill will protect the rights of Irish citizens. The long-standing arrangements between our countries ensure that Irish citizens benefit from specific rights in the UK—the same rights that British citizens enjoy in Ireland—including the right to work, to study, to access healthcare and social security benefits, and to vote. The Bill makes it clear that once free movement ends, Irish citizens will continue to be able to come to the UK to live and work as they do now, regardless of where they have travelled from. There will remain limited exceptions, where Irish citizens are subject to deportation orders, exclusion decisions or international travel bans. But the wider rights enjoyed by Irish citizens in the UK that flow from the common travel area arrangements will remain, as was reaffirmed in the memorandum of understanding signed by the UK and Ireland last year. Both Governments are committed to preserving the unique status and special rights in each other’s countries enjoyed for over 100 years.
Thirdly, the Bill makes an important power to ensure UK legislation remains coherent once free movement ends. The power permits amendments to primary and secondary legislation that become necessary after the end of free movement, which means we can align our treatment of EEA and non-EEA citizens and deliver a system in which everyone is treated equally.
Finally, the Bill will enable us to make any necessary changes to our social security system as we align access to benefits for EEA and non-EEA citizens. It will also contain powers to allow the Government or a devolved authority to amend the retained EU social security co-ordination rules from the end of the transition period. We have been clear that any future arrangements on social security must respect Britain’s autonomy in setting its own rules. Social security co-ordination arrangements will change—for example, the right to export child benefits will end, as was announced in the Budget. The Bill will enable us to deliver on this commitment.
The Bill is integral to our plans to simplify and reform the immigration system. The current system has expanded over decades. It has become inefficient and difficult to navigate for those who want to come to this country. We are seizing this opportunity to change the entire system, end to end, for the better, with simple, clear and transparent routes, which is why I welcome the Law Commission’s recent report on simplifying the immigration rules, and why I have accepted many of its recommendations. Cutting through the complexity and streamlining processes will be at the heart of the new immigration system, with new, clear, consistent and accessible rules. Of equal importance will be our ability to act against those who break our rules, including through illegal migration, and our ability to remove those who abuse our hospitality by committing crime.
There are many across the House who care passionately about immigration issues, from the right hon. Member for Tottenham (Mr Lammy), who has strived to get justice for the Windrush generation, wronged by successive Governments, to the hon. Member for Glasgow Central (Alison Thewliss), who speaks passionately about immigration and asylum, and my hon. Friend the Member for South Leicestershire (Alberto Costa), who regularly raises the issue of citizenship and the rights of EU nationals, as he did this weekend with me. These are vital issues and they have all had their time on the Floor of this House, but all these issues fall outside the simple Bill before us today.
The Bill is a simple one that delivers on the promise we made to the British people. It ends free movement. It takes back control of our borders. It gives the Government the powers needed to deliver an immigration system that is firm, fair and fit for the future: the points-based system the public voted for; a system that will support our economic recovery by prioritising jobs for people here in the UK while continuing to attract the brightest and best in terms of global talent; a system that will make it cheaper, easier and quicker for global medical professionals to work in our brilliant NHS; and, as we come through coronavirus, a system that will send a message to the world that global Britain is once again open for business. I commend the Bill to the House.
Thank you, Madam Deputy Speaker. I would like to start by thanking the Home Secretary for our briefings in recent weeks, which have been very important throughout this crisis. I look forward to them continuing in the weeks and months ahead. We meet today during a public health emergency that has shone a light on deep inequality and unfairness in our society, and that has shown the extraordinary value of what so many workers do for our families and our communities.
The Bill fell at the general election and has now been brought back to the House for the second time. Looking at the text of the Bill, we see that little has changed—it now has nine clauses rather than seven—but what has changed dramatically are the circumstances in which we debate it.
On a Thursday evening at 8 o’clock, we clap for our carers. Millions of people come to their doorsteps to say thank you. Quite rightly, we are showing our appreciation for our NHS workers, our care workers and all our frontline workers—police, fire, all our emergency services, those in our shops and those out on our roads driving supplies up and down the country—who are putting themselves in harm’s way day after day to keep us safe. They are making sacrifices in order to help others. We are rightly proud of them and we honour their bravery and courage, yet in the midst of this crisis, the Government are putting forward an immigration system containing a salary threshold of £25,600. That sends a signal and tells people that anyone earning less than that is unskilled and unwelcome in our country.
We on the Opposition Benches know that people are not being paid the value of what they do, and that what our frontline workers earn does not reflect what they contribute to our society. Many of us did not need reminding of that, but it seems that the Government do need reminding. Those who clapped on Thursday are only too happy to vote through a Bill today that will send a powerful message to those same people that they are not considered by this Government to be skilled workers. Are our shop workers unskilled? Our refuse collectors? Our local government workers? Our NHS staff? Our care workers? Of course they are not. Government Ministers who were out clapping for the 180,000 EU nationals in the NHS and the care sector on Thursday night are sending a message tonight that they are no longer welcome. That is not fair, and it is not in the national interest.
It is a pleasure to be able to speak in this debate from a more nuanced perspective than I would have been permitted just 12 months ago. I welcome the hon. Member for Torfaen (Nick Thomas-Symonds) to his new role. The last time he and I debated immigration, it was in a debate on the previous iteration of this Bill, when he had the opportunity to intervene on me frequently—an opportunity denied to him today.
The hon. Gentleman said that we are rushing the Bill but also pointed out that it is just two clauses different from the previous Bill, which we well debated. I argue that we are not rushing the Bill. It is something that we must complete before the end of the transition period on 31 December this year. He also commented on the use of statutory instrument to change the immigration rules. That has ever been the case and often can be used for good; I highlight the example of Afghan interpreters, on which I remind my right hon. Friend the Home Secretary there is still more to be done.
Returning to the iteration of the Bill in front of us, there is no doubt that we must turn off free movement. We must uphold the outcome of the 2016 referendum, as my right hon. Friend the Home Secretary rightly pointed out, but I would argue that we must do that with caution, and a phased approach might give us more flexibility. This time last year, matters were very different. I was an immigration Minister seeking to find a route through a minefield at a time of record employment. I have grave fears that my right hon. Friend will find herself doing it at a time of record unemployment. Perhaps those roles that British workers have been able to choose not to do over the past 10 years will be more attractive than they were, but the omens do not look good.
We heard calls for a British land army that were repeated yesterday by Waitrose, and many thousands have responded, but few have chosen to pursue the option. One in six of the brave care workers on the frontline of the battle against coronavirus are non-UK nationals. I commend the Home Secretary on her commitment to extend visas to doctors and nurses, but what of care workers? Are they to be the Cinderella service, forgotten once again? What of ancillary staff in our hospitals, who are crucial in a war against the virus in which repeated deep cleaning is an absolute imperative. We cannot open hospitals if we cannot clean the loos.
We now go to Cumbernauld, Kilsyth and Kirkintilloch East and Stuart McDonald, speaking for the SNP, who has 10 minutes.
5:23 pm
20 of 132 shown
It is almost four years since the British people voted for independence from the European Union. This Government have already delivered that sovereignty, and we have been clear that there will be no extension to the transition period with the EU. We promised the British people that we would end free movement, take back control of our borders and restore trust in the immigration system. This Bill delivers on that.
The story of immigration in the UK is woven into our national fabric. It is at the core of our national character and has defined many traditions and characteristics of our country. It is a testament to British society that, notwithstanding the past struggles of race, ethnicity and class, today in this very House so many descendants of migrants are now representing every region of the United Kingdom. Equally, our national fabric continues to be enriched by EU citizens who have made the UK their home. From day one, despite scaremongering from those in the Labour party, we have been clear: we say to EU citizens in the UK—to all of them—“We want you to stay”.
Our successful EU settlement scheme has now seen over 3.5 million applications, with over 1.3 million concluded. This is a fantastic example of a digital and data-led project delivering real results, despite many of those who have sought deliberately to campaign against the scheme and undermine public trust and confidence in protecting the rights of EU citizens in the UK.
This is a once-in-a-generation opportunity to reform our immigration system, and we are determined to get it right. Through our extensive engagement programme, we have consulted the British people, business leaders, employers, civic groups, local government, academia and specialist organisations such as those working with vulnerable migrants. Our proposal to lift the cap on skilled workers has been supported by the CBI. The decision to widen the threshold for skilled workers has been welcomed by the Construction Industry Training Board, and the London Chamber of Commerce and Industry has spoken favourably about the plans for the salary threshold.
This responsive, people’s Government have listened to the evidence and designed an immigration system that meets the needs of our businesses, our economy and our country. To ensure that it works from the start, our extensive engagement programme continues. We are working with employers to make it a success for them. We are supporting them every step of the way to ensure that their economic needs and business needs are supported, so people know that global Britain is open for business. The Government will work with employers to develop a UK-wide labour market strategy, enabling businesses to move away from their reliance on the immigration system as an alternative to investing in the domestic labour market, and encouraging employers to invest in people, their skills and development, leading to an economy that is fit for the future, with higher productivity and wider investment in technology and skills.
The current crisis has shone a light on how we value those who provide compassionate care across health and social care. The Government’s long-term solution for social care is focused on investing in those who deliver that compassionate and high-quality care. An additional £1.5 billion has already been allocated for adult and children’s social care in this financial year, and the Government are working with the sector on a plan for the long-term recruitment, investment and training of those who are dedicating their careers to care. As the Migration Advisory Committee identified in its own report published earlier this year, the immigration system is not the sole solution to the employment issues in the social care sector.
I will now set out for hon. Members exactly what this Bill does. First and foremost, the purpose of this Bill is to end free movement. From 1 January 2021, all EU and non-EU citizens will be treated equally. The Bill repeals all EU immigration legislation retained under the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020. This means that European economic area citizens, including EU and European Free Trade Association citizens, and their family members will become subject to UK immigration law, and they will require the same permission to enter and remain in this country as people from the rest of the world—levelling the playing field and giving everybody the same opportunity to come to the UK regardless of which countries they come from.
A labour force survey by the Institute for Public Policy Research found that 69% of EU migrants who currently work in the UK would not be eligible for a visa under the Government’s new immigration system. It found that 66% of EU workers in the whole health and social work sector and 90% of EU workers in transport and storage would be ineligible—the very people who are keeping this country running right now. Four in five EEA employees working full time in social care would be ineligible to work in the UK under the skills and salary threshold the Government want to impose. The average salary for care workers is £19,104, leaving many short of the cap, and there are 115,000 workers in our care system who are EU nationals.
I will give Members an example. This is somebody who did not want her name mentioned, but these are her details. She is an EU migrant, and she is 62. She came to the UK in 2013 and has been working as a live-in carer ever since. She is a 24-hour live-in carer for a 96-year-old lady with dementia. On her earnings last year, she would have no chance of coming to the country under the Government’s new rules. Are we to believe that a 24-hour live-in carer is in low-skilled work? That is what the Government want us to believe.
The care sector in England was not properly prepared going into this crisis and it seems that no lessons are being learnt from that lack of resilience and that lack of proper preparation before the crisis began. One would think the Government would have learned the lesson about not leaving people vulnerable in our care homes, but it seems they have not. Indeed, they want to create conditions where the situation could become even worse. In England alone, 66,000 NHS workers are EU nationals and there are 40,000 nursing vacancies, which will be exacerbated by the income threshold.
The Home Secretary talks about a fast-track visa, but it is not on the face of the Bill and, in any event, it does not include social care. No wonder the Royal College of Nursing says that the Government’s current proposals for the immigration system will exclude some health and care workers from entering the UK, primarily social care staff, and will have a devastating impact on the health and social care sector. No wonder the British Medical Association says:
“Any changes to the UK immigration system, which could deter those who may want to work in the UK, risks having significant implications for the staffing of health and social care services, quality of care and patient safety in the future.”
The truth is that the Government have not won the trust of our most vital service at this crucial time, yet rather than reflect on that they are attempting to rush this through Parliament and ask that we trust they will do the right thing by the health service. We all know that you cannot trust the Conservatives with the NHS. When it comes to the health service, if asked to choose between the RCN, the BMA and Unison on the one hand, and the Conservatives on the other, I know who I would choose every time.
Let us be clear: the Bill allows the Government to create a new system through statutory instrument. Ministers are asking this House for a blank cheque, for the trust of Members to go away and implement a new system, and for an Executive power grab that reduces the role of this House in shaping it. The Lords’ Delegated Powers and Regulatory Reform Committee report on the 2017-19 Bill expressed concerns about the wide scope of the powers:
“We are frankly disturbed that the Government should consider it appropriate to include the words ‘in connection with’. This would confer permanent powers on Ministers to make whatever legislation they considered appropriate, provided there was at least some connection with part 1, however tenuous”.
The words “in connection with” are in the new version of the Bill and the situation is unchanged.
In recent weeks, we have seen the confusion and chaos caused when the Government act like they are giving Executive orders outside Parliament without proper scrutiny. The Government should not make the same mistake again when it comes to an issue as important as our future immigration system. Scrutiny makes for better Government decisions and should be welcomed, not shunned.
Let me take this opportunity to say that the 1.2 million British-born people living in the EU27 should be protected and that the 3 million EU citizens living in this country are welcome and are valued here: our families, our friends, our neighbours. They are a central part of our communities and our society. They have brought great benefits and make us a richer, more diverse society. But I am only too aware that warm words are not enough. The deadline for the EU settlement scheme will fast approach. The default position is that anyone who has not applied by the deadline will lose their legal residence status here in the UK unless they have a good reason not to have applied. The Government must act, be open on the impact of the coronavirus crisis on the system, and do all they can to ensure that those who are eligible for the scheme apply and have their applications swiftly processed.
The Government plan for the future immigration system was first set out in the White Paper published in December 2018. How different things were then. The Government talk of a points-based system; what they actually propose is an income-based system. Salary is not a proxy for the level of skill and a salary-based system will not work for incentivising high-skilled migration.
The Government have deliberately held down public sector wages for a decade, and if they do so again, the gap between what people are paid and the value of their contribution to our society will only widen. This does not reward work and is unfair. Try telling the careworkers in my constituency or, indeed, any in the land that their work is unskilled.
Fairness will be at the heart of the amendments that the Opposition will press in Committee. We know what happens when a Government lose sight of fairness and the national interest in our immigration system. Wendy Williams’s “Windrush Lessons Learned Review” was published only a short time ago. The Home Secretary referenced the work of my right hon. Friend the Member for Tottenham (Mr Lammy). That review makes for sobering reading, saying:
“Members of the Windrush generation and their children have been poorly served by this country. They had every right to be here and should never have been caught in the immigration net. The many stories of injustice and hardship are heartbreaking, with jobs lost, lives uprooted and untold damage done to so many individuals and families.”
Never should we let something like that happen again. Indeed, there is such mistrust that the3million and other campaign groups want physical proof of settled status for EU citizens because they simply do not trust the Government’s assurances about everything being digital.
Where the system is not working as it should, the Government must act. Take, for example, looked-after children in local authority care. Currently, there have to be applications for pre-settled or settled status on behalf of eligible children by hard-pressed local authorities that are dealing with the coronavirus crisis. Given those pressures, the Government should just do that automatically, and I urge the Home Secretary to consider that. On immigration detention, we will be putting forward proposals for fairness, including an all-important time limit of 28 days.
In my first letter to the Home Secretary last month, I raised the issue of the injustice of continuing with the policy of no recourse to public funds during the coronavirus crisis for victims of domestic abuse. The Government must look at the issue of those left with no recourse to public funds. We are in a public health emergency—it is in the interests of all of us that people get the help they need.
There are also issues around NHS charges during this crisis. Nobody should have barriers placed in front of them when their work is essential in helping us all. I was appalled by the revelation over the weekend that, after all, NHS staff will not be exempt from these charges, despite their hopes having been raised by the Home Secretary, who mentioned a review. The issue has been mishandled by this Government from the start of the crisis. Additional fees for NHS staff to access the very healthcare that we are thanking them for providing is no way to mark their extraordinary service throughout this crisis. I ask the Home Secretary to think again about that review.
Having left the EU, and with the transition period coming to an end, we must have an immigration system that is fair and in the national interest. Handing over sweeping powers to the Government to create a system that labels so many of those workers who are keeping our country running day by day as unskilled is the wrong thing to do. If the Government are confident in their arguments, they should not be afraid of parliamentary scrutiny of their proposed new system. If they truly value what our frontline workers do, they will not send out a powerful signal that those who earn below £25,600 are unskilled and unwelcome. Instead, they should think again, and that is why we will vote against the Bill tonight.
Many in the House have experience of the Home Office —I think that no fewer than six immigration Ministers since 2016 have had a hand in trying to introduce a Bill to end free movement—but it is a machine that moves slowly. Sometimes the best laid plans to revolutionise our immigration system do not work well when introduced in a big-bang style. That is in the best of times; we are not in the best of times. We know from Home Office press releases that there are backlogs in the settled status scheme; that visa application centres are closed; and if someone wishes to renew their indefinite leave to remain, or obtain a new biometric residence card they cannot do so currently. The Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster) responded to me on 16 March that the Home Office was planning an engagement programme for employers that would start that month, explaining that those who were not already tier 2 sponsors should consider “applying now”.
Small businesses that have no experience of the visa system need to become registered sponsors by January, or they will not be able to sponsor the visas of new employees. That includes care homes—the people on the frontline of this crisis. I wonder whether that engagement programme, which was supposed to begin in March, did indeed do so, or has it understandably been delayed? We know from news emanating from the Home Office that it is very much not business as usual, so can care-home owners, freight transporters, retailers, food processors, au pairs and childcare providers have confidence that their applications will be processed, even if they know that they need to apply “now”—that is the Minister’s word, not mine?
I hope that the Home Office has in place the resources needed to process the many thousands of applications to become sponsors that may be made by businesses that have never had any previous contact with the system whatsoever, but I would ask what bandwidth the care-home manager, frantically trying to put a ring round her home to keep residents and staff safe, has suddenly to think, “I had better apply to become a sponsor—just in case.” This is a crucial Bill, but I would like more than two words from the immigration Minister on how it can be delivered in a big-bang fashion in just seven months’ time, when history has proved that that is perhaps not the best way to deliver bold, new immigration systems.