Caroline Nokes
MP for Romsey and Southampton North · Conservative · United Kingdom
“I thank the right hon. Gentleman for his point of order. He will be conscious that there are in the region of 15 more Members wishing to speak in this debate, and we have not yet heard from the Minister, so I am not minded to accept a closure motion at this point.”
“(3) For paragraph (3A) substitute— “(3A) The returning officer shall also provide each polling station with such equipment as is necessary to ensure that relevant persons are able to vote independently and in secret, including— (a) tactile equipment that enables the voter to navigate the ballot paper and accurately mark their chosen candi…”
“(2) During the period commencing 30 minutes before the time appointed for the taking of a poll at an election, and ending 30 minutes after the close of the said poll, a person shall not, in or in the curtilage of a polling station or in any place within 50 metres of such station, for the purpose of promoting the interest of a political pa…”
“New clause 97— Power of Electoral Commission to require disclosure from financial institutions — “In Schedule 19B of the Political Parties, Elections and Referendums Act 2000 (investigatory powers of Commission), after paragraph 1 insert— “Power to require disclosure from financial institutions 1A(1) The Commission may give a disclosure n…”
“() In paragraph 6 of schedule 6 (Donations from impermissible donors), after “section 54(1)(a)” insert— “or section 55B.” (8) In Schedule 20, in Table after Section 56(3) or (4) (failure to return donations) On summary conviction: statutory maximum or 6 months On indictment: fine or 1 year” Insert— Section 55A(8) (cap on donations) On sum…”
“(2) The specified elections for the purposes of subsection (1) are— (a) UK parliamentary elections, and (b) local government elections in England and Wales.”
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“The UNHCR is also creating an independent external reference group to monitor progress and share expertise and best practice. We are in the process of implementing other changes as a result of the Shaw review. We are introducing detention engagement teams in all IRCs, who are ensuring better induction and improved links between detainees and their caseworkers. We are also piloting the two-month auto-bail referral, which builds on measures introduced in the Immigration Act 2016 to refer cases to the tribunal at the four-month period of detention, and introducing a new drive on dignity in detention to improve facilities in immigration removal centres, including piloting the use of Skype and modernising the facilities.”
“We want to divert women at the point of detention into the pilot to fill the remaining places. I can report progress towards the second pilot. There is interest from several credible potential delivery partners, and we expect to have our chosen delivery partner by August, enabling the second pilot to commence in the autumn. All irregular migrants will be in scope of that project. The United Nations High Commissioner for Refugees is independently evaluating the pilot series, and findings will be fed into the overall evaluation framework that is being developed to monitor progress across all of Shaw’s recommendations so that any findings can be examined within the context of the wider changes to detention across the Home Office.”
“The Home Secretary made clear his commitment to going further and faster with reforms to immigration detention with four main priorities: encouraging and supporting voluntary return; improving support for vulnerable detainees; greater transparency on immigration detention; and a new drive on dignity in detention. We are making real progress in delivering those commitments and have laid the groundwork for that progress to continue. I emphasise a project that I am sure hon. Members will welcome and support: the development of a series of pilots of alternatives to detention. The first one started in December 2018 with our delivery partner Action Foundation in Newcastle. We have released more than 10 women from Yarl’s Wood immigration removal centre to be supported in the community, and further recruitment into the pilot is under way.”
“I will have to get back to the hon. Lady with precise numbers on those in the prison estate. Of course, it is important to reflect that those in the prison estate will be foreign national offenders who have committed some crime, which has determined that they are worthy of a prison sentence. Each time an individual is detained, there must be a realistic prospect of removal within a reasonable timescale. Those making detention decisions consider the likely duration of detention necessary in order to effect removal. I turn to the Shaw reforms.”
“I said at the roundtable and will repeat today: it is no good enough for just the Home Office and the Ministry of Justice to be involved; we need the Department for Work and Pensions and the Department for Education involved, too. There is a piece of joined-up Government work there to ensure that we enable victims to be treated as victims, who are safeguarded appropriately, while at the same time recognising the important role of our immigration policies now and going forward.”
“Friend the Under-Secretary of State for Home Affairs, the Minister for Countering Extremism, Baroness Williams of Trafford, and the Under-Secretary of State for Justice, my hon. Friend the Member for Charnwood (Edward Argar). At that event, I said that we needed to do much better on safeguarding across Government. That was particularly in reference to victims of domestic abuse, but I am conscious that victims of trafficking are, in many instances, victims of abuse. We must do better at safeguarding those individuals and treating them as victims. The hon. Lady and I may disagree from time to time, but we must ensure that when we share data, we do it for good reasons so that we can safeguard and protect people in vulnerable situations. There is more work to do across Government.”
“The quote, which the hon. Lady has somewhat misinterpreted, has been amended to give clarification. It should not have been able to lead to such a level of misinterpretation. None of us would ever say that prostitution leads to an ideal way of life. It certainly does not. However, there is much more that we can do, working with Nigeria and our partners to address the particular problem that has arisen there with trafficked women. The hon. Lady spoke about the safeguards we need to put in place. I will be completely candid with her, and I will give her a couple of minutes to wind up the debate. It is important that we do more. She and I recently attended a roundtable with the Minister for safeguarding, my hon.”
“They have exhausted the appeals process and they now need to take steps to return to their country of origin.”
“I thank the hon. Gentleman for securing this debate and providing me with the opportunity to clarify the current position in Glasgow regarding those who are no longer eligible for asylum support or accommodation. The United Kingdom has a proud history of providing an asylum system that protects and respects the fundamental rights of those individuals who seek refuge from persecution. The Government are committed to working closely with communities and stakeholders to ensure that destitute asylum seekers are provided with safe, secure and suitable accommodation, and that they are treated with dignity while their asylum claim is considered. However, it is important to recognise that the majority of the affected cohort in Glasgow do not have status in the UK. They have sought asylum. Their claim has not been substantiated.”
“Those without children who exhaust the appeals process lose access to section 95 support, but a very similar form of support, known as section 4 support, is provided so long as they take reasonable steps to leave the UK, or, importantly, show that there is a legal or practical obstacle that prevents their departure. Examples of such an obstacle include: those who are too sick to travel, those who need time to obtain a necessary travel document, and those who have made fresh submissions against the refusal of their asylum claim that have not been resolved.”
“Asylum seekers and their dependants who would otherwise be destitute are provided with accommodation and a weekly cash allowance by the Home Office while their asylum claim and any subsequent appeals are considered. This form of support is usually known as section 95 support. If an asylum seeker is granted refugee status, they are free to take employment and become eligible to apply for mainstream benefits in the same way as British citizens and other permanent residents. If their asylum claim is refused but they have children at the time their appeal rights are exhausted, they remain on section 95 support until their youngest child reaches 18 years of age or they leave UK.”
“At no point have I said that these people are not vulnerable. I have tried to set out that they have had an asylum claim that has not been found to be valid and that they have been through the appeals process. If the hon. Gentleman will give me some time, I will move on to discuss the various means of support that are available, particularly to those we heard about earlier: those who are vulnerable, those who have medical conditions and those who have children. The system that operates in Glasgow is the same system that operates across the United Kingdom and has been operated by successive Governments since the introduction of the Immigration and Asylum Act 1999.”
“I should note that a minority of the affected individuals have received a grant of leave to remain, but have none the less refused to leave their accommodation at the end of their eligibility. We are working closely with Glasgow City Council on these cases and have an agreed process to move these individuals into appropriate local authority housing and to access mainstream benefits.”
“Migrant Help, on behalf of the Home Office, has been reaching out to those affected to explain how they can continue to be supported and accommodated if they take the necessary steps to return to their country of origin. We have also provided information on our assisted voluntary returns scheme, which provides up to £2,000 in reintegration assistance. Migrant Help has contacted 373 people to discuss these options and conducted 154 advice appointments. The Home Office has also held over 296 conversations about voluntary return. The scheme available is designed to assist those who require more help and includes supporting resettlement in the country of return by providing financial or “in kind” support from an overseas provider.”
“I have said that it is right that people who have no legal basis to remain in the United Kingdom are not supported indefinitely, but it is also right that they should be aware of their options, and the advice and support available to them. Advice on accessing further support or returning home with support is routinely provided to all whose claim has been refused. However, in the case of this particular cohort of people we have gone further. Since August 2018, we have been working with partners in Glasgow, including Glasgow City Council and the Scottish Refugee Council, to ensure that affected individuals are aware of the further support available to them.”
“The hon. Gentleman is right to point out that they have the right to submit a fresh claim, but I am very anxious to emphasise that what we cannot encourage is a circular process, where people submit claim after claim when a first-tier tribunal and then an upper-tier tribunal found their claim to be unfounded. Circumstances may change, I absolutely accept that, but it is important that, while we treat individuals fairly, the system is upheld. Decisions to refuse section 4 support attract a right of appeal to an independent tribunal. It is clearly reasonable to limit the offer of section 4 support to people who satisfy these conditions. Providing support indefinitely and without conditions to people who have no right to be in the UK is wrong in principle and risks undermining public confidence in the asylum system.”
“That pause did not affect people’s eligibility to receive asylum support, so those who became appeal rights exhausted or were granted leave to remain continued to receive the normal letter asking them to leave their accommodation. However, in that period, Serco did not follow this up by proceeding with lock changes if the individuals declined to leave. In April this year, Lord Tyre dismissed two cases brought against Serco and the Home Office contesting this course of action. An appeal has been lodged and is currently sisted. As the cases were dismissed, Serco is now moving to resolve the circumstances of those staying in Serco properties. It is right that it does so. Finally, I want to clarify the operational process, which I also set out in my recent letter to Glasgow MPs and MSPs.”
“All applicants involved have been notified that they can contact their MP for advice and that their MPs have a direct line to the Home Office. Some concern has been raised about the legal position in relation to issuing lock-change notices, which I would like to clarify. In July 2018, Serco commenced a process of reclaiming properties from those whose asylum applications had been decided and were no longer entitled to support. This was after a similar process had been successfully rolled out in the north-west of England. The process of issuing a lock-change notice, if an individual refused to leave a property at the end of their entitlement, was paused pending a legal challenge in the Scottish courts.”
“As I was saying, a small number of people have been granted refugee status, but it is absolutely right that they then move on from accommodation that is designated for destitute asylum seekers, so that the next cohort of asylum seekers can move into that accommodation, and those refugees—who have the right to stay, live and work in this country—move into accommodation that is appropriate for their needs and is not designated part of this asylum support accommodation, which is specifically designed for a cohort of people who are still in the claims process. As the hon. Gentleman will know, I have also written to all Glasgow MPs with a direct line of contact to Home Office teams, who can work on a case-by-case basis should they have any questions or concerns.”
“The legal action that was started last year and the judgement concluded in April this year did not provide a barrier to Serco continuing with this activity. It chose to pause it. The further appeal does not provide a barrier and the judgment was very clear. It is right that Serco should seek to make sure that accommodation designated for asylum seekers is available to those who fall into that category.”
“I must make a little more progress. Each week, Serco has provided the Home Office with a list of individuals who are overstaying in properties. The Home Office carefully checks that list against internal databases to ensure that the individuals have not lodged further submissions or new applications to remain, and that there are no known obstacles that would prevent them from leaving the United Kingdom. Once that is confirmed, the information is relayed back to Serco and a notice to quit is served, providing 14 days to leave the property. At the end of that period, if needed, a lock-change notice is served, providing seven days in which to leave the property before the locks may be changed. The first notices were issued on 20 June 2019.”
“There will also be those whose asylum claim was found not to be substantiated and were not in need of protection. It remains the position that all of the cohort can apply for section 4 support at any time, and if they do, the process will be suspended until the application is considered and any appeal against its refusal is decided.”
“I set out very clearly earlier—I cannot find the place in my notes right now—that Serco continued with the process because actually there was a cohort that came to everyone’s attention in the summer of last year, but between then and now there have been additional asylum seekers in Serco accommodation who have submitted new claims that have been found not to be substantiated. The process is not set in aspic; it continues the whole time. Different individuals will have come in and new claims will have been made by that cohort. The hon. Gentleman refers to other individuals who received notices to quit, but it is important to reflect that that might have been because their claims were found to be warranted and they were given refugee status and so needed to move into mainstream accommodation.”
“I think that Mr Deputy Speaker is concerned that we are about to use more time than I am permitted. I am proud of the contribution that our country makes to providing accommodation and support to those seeking asylum. However, when the courts have decided that an asylum claim is not well founded, it is important that the support is available only if the individuals take reasonable steps to leave the UK, or if there is an obstacle to their departure. I am of course always willing to consider practical ideas about how we can further encourage those whose asylum claim has been refused to accept the offer of support on these terms. Question put and agreed to.”
“Through the measures we set out in our White Paper on the future borders and immigration system, we are looking forward to the biggest change to the immigration system for over 45 years and are halfway through engaging in a year-long national conversation.”
“Thank you, Mr Deputy Speaker. I welcome this debate on immigration and the opportunity for what I am sure will be a thoughtful and constructive discussion. I am a little disappointed not to see the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) in her place, because when we were discussing refugee family reunion last week, she made a point about the importance of language. I added to that the importance of tone, and I hope that we will hear people using their language carefully this afternoon. I am sure, given the Members present, that we will. The immigration system is at a point where we are preparing to leave the European Union and working to provide status to the 3.5 million or so European Union citizens who have made the UK their home.”
“The House will be aware that last year the Migration Advisory Committee—the Government’s expert, non-partisan advisers on immigration matters—carried out a detailed study into international students. The MAC took evidence from a wide variety of stakeholders representing every part of the United Kingdom, including Scotland. As the MAC indicates, 140 written responses were submitted to its call for evidence. This is absolutely evidence-based policy making.”
“Where there may be a difference is that the Government are keen to share our successes and send the message that the UK is welcoming, while the SNP sadly seems determined to convey a sense of gloom. I am pleased to say that the facts support the Government’s position. The number of visa applications to study at the UK’s universities increased by 10% last year, to the highest number ever recorded, and visa application numbers are 27% higher than they were in 2011. There are close to half a million international students studying in the UK, and we continue to be the second most popular destination in the world for them. I hope that SNP Members will join in celebrating that success. While we are on the subject of facts, I note that the motion calls for a policy “based on evidence”.”
“They are contributing to the growth of tourism and our economy, attending our world-leading universities and enriching our culture. I do not believe that there is any great difference in aspiration between the Scottish National party and the UK Government on the topic of students. We both recognise that international students make a huge contribution to our education institutions socially, academically and financially. We want our education sector to flourish and to see ever increasing numbers of international students coming to the UK. Indeed, the Government have set an ambition of increasing the number of international students in higher education to 600,000 by 2030.”
“McDonald) talked with regret about the immigration system, but it is worth reminding the House of some salient points about its successes. In the year to March, more people came to the UK, with 142.8 million passengers arriving here; the number of visitor visas granted was at a record high of 2.3 million, an increase of 9%; 181,000 people were given entry clearance to come to work in the UK and bolster the UK’s economy; 358,000 students came to the UK to study; over 5,700 people were provided with protection and support through our four UK resettlement schemes; over 5,600 family reunion visas were issued, over 2,700 of which were for children; and 89,000 people were granted settlement, with 149,000 granted British citizenship. The majority of the people I have referred to engage with the immigration system in a smooth way.”
“I do not think there has been any attempt to sweep that under the carpet. There was an urgent question in the House on the matter—I think it was the week before last—and I am sure that the hon. Gentleman raised his point then, but he knows as well as I do that his question is best addressed to the Cabinet Office, which is responsible for elections, not me as the Immigration Minister. Alongside the White Paper on the future borders and immigration system that we published last year, the borders, immigration and citizenship system continues to deliver, to secure the UK border, control immigration and provide world-class services that contribute to our prosperity. The hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C.”
“The hon. Gentleman has perhaps not read the White Paper and seen the additional offer that the Government are making to international students on post-study work. He would do well to read it. He said that the MAC only gives the Government evidence that we want to hear—far from it. He is falling into the trap of being interested in evidence when it suits him.”
“No, I will not. The MAC concluded both that students should not be removed from the net migration target and that there should be no increase in the length of time that undergraduates are allowed to remain in the UK on completion of their studies. The MAC said: “We do not recommend a separate post-study work visa”. I look forward to the SNP’s endorsement of those positions, or are they interested in evidence-based policy making only when the evidence happens to support their pre-conceived notions? The Government have decided to go beyond the MAC’s recommendations. In our White Paper, we committed to increasing the period of post-study leave for both undergraduates and master’s students because, as I have said, we want our education sector to continue to flourish and to compete strongly on the international stage.”
“No, I will not give way to the hon. Gentleman again. Evidence-based policy making is the principle that our future borders and immigration system will be built upon. It will be a single immigration system, where it is workers’ skills that matter, not where they come from.”
“This week, we asked the MAC to review and advise on salary thresholds, including whether there is a case for regional salary thresholds, and we are currently engaging with businesses and employers from all parts of the UK and all sectors of the economy to ensure that the future immigration system is suitable for their needs.”
“That is an interesting point, because I think we heard from the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East that what had reversed Scotland’s population decline was free movement, with people being able to come in from the EU. The future system will focus on high skills, welcoming talented and hard-working individuals who will support the UK’s dynamic economy and enabling employers to compete on the world stage. In line with the MAC’s recommendation, we will prioritise the migrants who bring the most benefit to the UK, maximising the benefits of immigration.”
“The hon. Lady is right to refer to that. It is important that we consider our immigration system in the round, and particularly when it comes to doctors and nurses. I am very conscious that while we welcome and attract people working in the medical profession from around the globe, many of them come from countries where those skills are sorely needed. In fact, we know that many of them return to their home countries, having gained experience and knowledge here. It is important that we work with the Department for Business, Energy and Industrial Strategy, DFID and the Department for Education on determining future immigration policy, because when it comes to our workforce needs, immigration simply cannot be the only answer.”
“As I said at the outset, this is one of the biggest changes in our immigration system for 45 years, and it is imperative that we listen to the concerns of all sectors of the economy, and of all regions and countries.”
“I gently point out to the hon. and learned Lady that I am spending this year engaging with businesses and business organisations. Just yesterday, I had the pleasure of meeting people working in the hospitality industry in Cumbria, such as in the constituency of my hon. Friend the Member for Copeland (Trudy Harrison). It is absolutely imperative that we take forward the White Paper, and we always said there would be a year of engagement and of listening to views. The hon. and learned Lady must acknowledge that we have asked the Migration Advisory Committee to look again at salary thresholds because it is important that we get this right.”
“That strategy is to prevent vulnerable people from falling into the hands of traffickers and making dangerous journeys across both land and sea. It is firmly our view that people should claim asylum in the first safe country, not the last, but where people are in genuine need of our protection, we will provide it. I am proud that this Government have given protection to over 66,000 people since June 2010. Where an individual does not meet our immigration rules or our obligations under international law, I make no apology for making and enforcing decisions that the public expect as a matter of fairness.”
“My hon. Friend makes a very important point. He will be conscious that, when we are looking for cross-party consensus, there are several across the House who agree with me and him that we should have one immigration policy for the whole of the United Kingdom. The future system needs to uphold our international obligations in relation to asylum, and to support decisions based on human rights. As I set out last week, we continue to work with the United Nations High Commissioner for Refugees to resettle the most vulnerable people from areas of conflict. We have resettled almost 16,000 people since 2015, nearly 3,000 of whom have been resettled in Scotland. In our new consolidated scheme, starting in 2020, we are committed to resettling about 5,000 of the world’s most vulnerable refugees every year.”
“That is in the interests of a prosperous and fair society that supports those who play by the rules, as well as protecting those who might otherwise be exploited. However, we are clear that these measures must distinguish effectively between those with lawful status, who are entitled to access work, benefits and services in the UK, and those who are here illegally. The Home Office is committed to improving how we meet the differing needs of the public we serve.”
“Opposition Members should be reminded that other EU member states are subject to an EU directive requiring them to have in place right to work checks and sanctions for employers of illegal workers, to protect potential victims of modern slavery. Measures to restrict access to benefits and services are also designed to protect the taxpayer—a legitimate objective that has public support. A YouGov poll last year found that 71% of people support a policy of requiring people to show documents proving their right to be here in order to do things such as taking up employment, renting a flat or opening a bank account. Measures on the right to work and the right to rent are about tackling unscrupulous employers and landlords to protect the vulnerable, while also protecting good employers and landlords.”
“I will take the hon. Gentleman back to the responses from Scotland to the consultation undertaken by the committee, which has held events in every region and every nation of the United Kingdom. I am sorry that the hon. Gentleman does not like the fact that the Migration Advisory Committee is made up of the most eminent experts there are in the country, but he will be aware that when we recruit to a vacant position on the MAC, which happens every few years, we are of course open to applications from every part of the United Kingdom, including Scotland. The UK’s measures on access to work, benefits and services have been in place and developed over many years of varying and successive Governments, and are consistent with the legislative frameworks operated by most other comparable countries.”
“I am tempted not to give way, because later this afternoon I will asking for the leave of the House to wind up the debate as well as open it. That will give me an opportunity to respond to points that Members have made in their contributions, which I hope will be more helpful than simply responding to an intervention.”
“A challenge has been set—I think it was in the Chancellor’s Budget—that we want to be in a situation to determine the equivalent of tier 2 visas within two to three weeks. That will be a dramatic improvement, and one that I hope users of the system, and indeed small businesses, will welcome.”
“The hon. Gentleman will know that the Home Office is appealing that judgment, and given that there is live litigation, it would not be appropriate for me to comment at this point. As I have said, we want our systems to become as simple and straightforward as possible. During the engagement I have held with employers on the White Paper over the last six months, I have been very conscious of the point the hon. Gentleman made about small and medium-sized enterprises, and the challenges they may find in engaging with the tier 2 sponsorship process. It is absolutely the Home Office’s intention to make all our systems far more straightforward and streamlined, and the comments I have received from employers will certainly enable us to build a system that I hope will be both responsive and quick.”
“The motion talks about rejecting the requirement for EU citizens to apply for settled and pre-settled status, but a declaratory system, under which they automatically acquired an immigration status, would significantly reduce any incentive to obtain evidence of that status. It would risk creating confusion among employers and service providers, and would have the effect of impeding EU citizens’ access to benefits and services to which they were entitled.”
“The scheme is fully digital and genuinely world leading because applicants can validate their identity using their mobile device—including Apple customers later this year—and are provided with a secure digital status that, unlike a physical document, cannot be lost, stolen or tampered with. The hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone), who is no longer in his place, made the point about those who have only Apple, not Android, phones, and about how the broadband coverage in his constituency makes uploading documents difficult. I would say to him that his constituents do not have to travel on a 500 mile round trip to Edinburgh, because the postal route opened on 30 March in time to coincide with the original planned date of leaving the European Union.”
“We are marshalling our reforms under three key themes: improving our customer service and responding more effectively to the individual needs of people who interact with the system; making sure that we respond better to vulnerable individuals who interact with our system, including by ensuring that our processes are accessible; and ensuring we are an open organisation that listens and responds when our customers and staff identify problems, using feedback to design our policies and procedures and to understand their impact. The EU settlement scheme embodies those principles. We have listened and responded, building on the feedback that we received through the extensive stakeholder engagement and the two public beta phases before its launch in March. The customer experience is where we want the future system to be.”