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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“Lady raised the issue of those who might have been denied NHS care, where the tariff scheme involves an award of £500. However, if an individual incurred private healthcare costs, the actuals will of course be repaid. The Home Office is determined to work with its own information and with data held by other Departments and indeed by individuals more widely, so that we help claimants to establish their actual level of loss, where that is the most appropriate route.”
“In arriving at the £10,000 figure for deportation, the Government considered that alongside the case law evidence of courts awarding a range of damages subject to individual case details. We regarded £10,000 as a more appropriate figure than the £1,000 in the existing scheme, which has been in place for many years. The right hon. Lady mentioned the scheme of review. We have put in place a two-tier review: first, an internal review, whereby someone who is not content with the original decision can have it referred to a senior caseworker who was not involved in the original decision; and, secondly, independent of the Home Office, another tier of review will be considered by Her Majesty’s Revenue and Customs independent adjudicator. With regard to caps on payments, this scheme is both tariff and actuals-based. The right hon.”
“I thank the right hon. Lady for her comments, but given that the rules and guidance were published on the same day as the Home Secretary made the statement, it is somewhat unfair to suggest any attempt to conceal the scheme. Far from it: we have sought to publicise the scheme and to reach out to posts across the world with a selection of communication tools, and we invited high commissioners into the Home Office last Thursday to emphasise the scheme to them. I will comment briefly on the published Home Office ex gratia scheme that was already in place and to which the Home Office and Martin Forde referred when considering this scheme. The ex gratia scheme provides a maximum £1,000 for someone who has been wrongfully deported.”
“It is absolutely right to reflect that the scheme has been open only for very few days so far, but we have received claims, registered them and sent out claim forms, which we are expecting back. I am not aware of any fraudulent claims to this scheme, and I am very conscious that we have put in place a rigorous process, which will enable all claims to be assessed fairly and indeed with full rigour. It is important to reflect that the Home Office is determined to work with individual claimants. There may be cases in which Home Office data enable us to assist people to determine the level of claim, and we are absolutely determined to do that.”
“However, we recognise that it may be hard for people to provide evidence of actuals, which is why it was so necessary to put a tariff scheme in place as well, so that people would not be dependent simply on being able to provide the evidence. The hon. and learned Lady made a wider point about the complexity of the Home Office’s immigration scheme. She will no doubt welcome the consultation on that being carried out by the Law Commission. If she has not already done so, I hope that she responds to that consultation before it closes, which I believe to be imminent.”
“I thank the hon. and learned Lady for her questions. She commented on the long wait for the scheme. She will of course recognise that not only did we appoint Martin Forde as an independent adviser to the scheme, but he came to the Home Office to ask for additional time, so that the consultation period could be open for longer. More than 1,400 responses were received to the consultation, and it was absolutely right to give adequate time for the responses to be considered carefully and thoroughly. The hon. and learned Lady will be aware that the scheme includes both a tariff category and actuals. It is important to reflect that, where actuals have been accrued, the Home Office seeks to reimburse people through those fees.”
“My hon. Friend is right to point out that claim forms can sometimes be difficult and onerous, for the elderly in particular. We deliberately designed the form after speaking to members of the Windrush generation, so that the language used was as simple and straightforward as possible. In addition, we made provision with Citizens Advice, so that it can assist people with their claims. Individuals from my hon. Friend’s constituency of Gloucester need only make contact with the helpline—I understand that the average wait time for an answer last week was just 18 seconds. His constituents should make contact with the helpline and they might then be referred to Citizens Advice, which will be able to provide assistance with making a claim.”
“The hon. Lady is right to point out that serious wrongs were done to members of the Windrush generation. That is why we set up the Windrush taskforce and put in place a compensation scheme, which was designed with the assistance of our independent adviser, Martin Forde. I recognise her, but it is important that we reflect on the advice that we were given and seek to have a scheme that is fair.”
“I commend my hon. Friend for his work on the JCHR; I certainly recognise the moving and compelling testimony that the Committee listened to during the course of its inquiry. It is absolutely right that we reflect on the advice that we have received, that we seek to make the scheme as fair as possible, and that we put in place a scheme that can respond quickly and efficiently to claims. That is why we will have a taskforce that will be 120 strong at full complement. We have also made provision for individual claims for compensation to be split, so that the quick and easy parts of the claims to assess can be split off and paid immediately.”
“My right hon. Friend the Home Secretary did make it clear last week that the scope of this scheme is not limited to Caribbean nationals and that almost all Commonwealth nationals who arrived before 1 January 1973 will be eligible to apply. It is important that we are working across the Commonwealth to highlight and emphasise to the high commissioners and our posts the wide cohort of people who will be eligible to apply, so that they can work with those people and claims can be settled.”
“My hon. Friend makes a really important point. Last week, the Home Secretary hosted an event for those affected, which was also attended by Wendy Williams, who is conducting the review, and Martin Forde. I was particularly struck by a number of individuals I spoke to who emphasised the need for continuing outreach, and that is why we are holding a programme of events across the country. Martin Forde has on many occasion reflected to me that this is about building and rebuilding trust, and I am particularly grateful to all those who have helped us to reach out to members of the Windrush generation so that we can try to do exactly that.”
“As the hon. Lady pointed out repeatedly, that is the minimum amount. Of course, the table of actuals and tariffs very clearly emphasises that there are sections for impact on daily life, with a range of awards, and for discretionary circumstances, where there is no cap. It is really important that we work to ensure that we reflect the impact on people’s daily life and on their mental wellbeing, and I believe that this scheme enables us to do that.”
“We have sought to have a scheme that is based on both tariffs and actuals, so that those who cannot provide evidence will be able to go down the tariffs route and not be expected to provide the evidence that those going down the actuals route would be able to provide. As I have already said, the Home Office wants to work with claimants to ensure that where evidence can be found—either from within Home Office records or from other Government Departments—we do exactly that, so that people are supported to get the compensation to which they are entitled.”
“As I am sure the hon. Lady will have heard me say, the amounts were arrived at in consultation with our independent adviser, Martin Forde, and by looking at both the ex gratia scheme that was already in place at the Home Office and at case law. She is right to say that detention is absolutely wrong for those who have no reason to find themselves in that situation. I have apologised to her constituent, Paulette Wilson. One can only hang one’s head in shame at the way in which the Home Office treated not just Paulette Wilson, but too many individuals of the Windrush generation. We are still ashamed of what happened and are desperately trying to put things right via this scheme.”
“The hon. Lady is right to point out the severe impact on individuals of the Windrush generation. As I said previously, the Home Office is determined to work alongside HMRC, which will have evidence of previous earnings and the earnings level at which her constituent would have been, and to work with him through his own evidence. She indicated that he had kept close records through HMRC to ensure that he is properly compensated. As I mentioned earlier, there is also a discretionary element to the scheme that in some instances may well provide redress that is not otherwise identified in the tables.”
“I have taken a close interest in that and looked to see how the Home Office can provide additional assistance to such individuals, who provide such a useful bridge between Home Office officials and the community.”
“Absolutely, I am happy to give that commitment. The hon. Lady makes an important point about the importance of outreach and of building trust. I am absolutely determined to do what she has asked and to provide information to hon. Members across the House of when there will be outreach events in their constituencies or close by. I recognise that, in the case of Manchester, a number of Members are close by. We will certainly provide that information. As I mentioned, in many instances it is those from the community who can provide the greatest reassurance. I was struck last week when talking to two gentlemen from Birmingham by the emphasis they put on the work that their charity does in supporting individuals.”
“Where they are asked for evidence, that is if evidence is available. The Home Office is determined to work alongside individuals to ensure that where evidence is not available, people are assisted either to find it or directed towards the tariff route, where evidence will not be required to the same extent. It is important that we get the balance right, but the hon. Lady has made some important points that we will certainly take on board.”
“The hon. Lady makes an important point about the publicity surrounding events and the importance of doing it in a meaningful way. I am conscious that we have a schedule of events planned, but I am never happy when I think that information is provided at too short notice. I will undertake to ensure that that does not happen and that not only Members but affected members of the community are given adequate information about when events will take place. We designed the application form and scheme in consultation with members of the Windrush generation, and we sought to make the form as straightforward as possible. Of course, there are sections that will be relevant to some claimants and not to others. I certainly hope it is clear that people are not expected to fill in every single section of the form.”
“I am sure that the hon. Gentleman would not expect me to stand at the Dispatch Box and indicate a level of compensation for his constituent, but I will very happily take away the details of the case, if he will provide them, and look into it.”
“Gentleman referenced this significantly in his speech—is that the Migration Advisory Committee issued its report on the impact of EEA migrants last September, with recommendations on the future system. The MAC took evidence from a wide range of organisations and individuals and visited every region of the United Kingdom, and that included talking to representatives of the fishing sector. I recognise that not everybody agrees with the MAC’s conclusions—probably an impossibility, given the subject matter—but I do not think that anyone can dispute the thoroughness and rigour of its approach.”
“As an English Member responding to contributions from a number of Scottish colleagues that night, I was very conscious that they may have slightly different ambitions for the evening when it came to the football. At the invitation of the right hon. Gentleman, I would like to bring the House up to date with what has happened in the nine months since we were last gathered for a debate on this important subject. The first thing to mention is that I spent some of last summer on the road. It is always—perhaps particularly at the moment—good to get away from this place. I visited agricultural and fishing communities in both Scotland and Northern Ireland, and I was able to listen at first hand to the concerns of those working in those industries. I found it incredibly valuable to hear what they had to say. The second point—the right hon.”
“I congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate, and I am grateful to the other hon. Members who have intervened. As the right hon. Gentleman pointed out, this is not the first time he has had an Adjournment debate on this topic. The last occasion was indeed on 11 July last year, although I would like to correct my hon. Friend the Member for Moray (Douglas Ross), who made the point that England were losing their World cup semi-final. If I remember correctly, they were not losing while we were having the debate; it was not until we had adjourned to the Smoking Room that I managed to see England lose.”
“That would inevitably be a highly subjective process and a major distortion of the operation of the market. It is also noticeable that the text of the recent report by the expert advisory group on migration and population established by the Scottish Government does not mention fishing once. The MAC has concluded that immigration is not the answer to depopulation in local areas—a point that the right hon. Member for Orkney and Shetland referred to—and that there other measures that the Scottish Government could look to.”
“That is in no way to denigrate the range of different skills that are necessary across a wide range of industries. I have had a number of meetings, particularly over the last couple of weeks, in which we have talked about the care sector. Nobody would suggest that those working in care were not highly skilled, with a range of perhaps softer skills, which are absolutely necessary when caring for those with disabilities. However, the MAC was clear when it gave its advice to us in the autumn that there was no case for schemes for particular sectors in the immigration system, other than agriculture, which has some unique characteristics. Instinctively, that has to be the right approach. Governments should avoid picking particular sectors of the economy for special treatment.”
“The right hon. Gentleman will be conscious that the MAC’s commission was quite wide ranging—as I pointed out, it spoke to the representatives of the fishing industry—but he will also be aware that at present it is conducting a review of the shortage occupation list at all levels. Whereas previous reviews have looked at higher skill levels—I will address the definition of skills in a moment—this time round the MAC has been asked to look at all skill levels and so will consider industries such as fishing, which we have been talking about this evening. The hon. Member for Central Ayrshire (Dr Whitford) talked about skill levels, and I think it is worth expanding briefly on that point. As the Minister, I am conscious that when we discuss visas and immigration matters we often use the terminology of skilled and highly skilled.”
“That process will continue over the course of this year, because I am conscious that we are introducing a future immigration system that will have to reflect the realities of a post-Brexit Britain and that will have to be sufficiently flexible and adaptable to address the needs of an economy that undoubtedly will change in future. It is important that we listen to the concerns raised by industry and hon. Members and get it right.”
“If the right hon. Gentleman exercises some patience, I am coming to a number of points that I would like to make. It is crucial that the House reflects on the fact that the White Paper published in December was the start of a year-long engagement across different regions of the United Kingdom and different sectors of industry. To date, there have already been in excess of 45 engagement events or roundtables, and we have taken evidence from 650 different organisations or individuals in the first three months of this year alone.”
“There is evidence that laws on minimum wage, maximum hours and safety —the right hon. Member for Orkney and Shetland is laughing as I say this—have been widely flouted.”
“As the hon. Gentleman will have heard me say, we have also asked the MAC to look at a revision of the shortage occupation list. He will know that we have suggested the introduction of a separate shortage occupation list for Northern Ireland, as well as consulting on one for Wales, in addition to the separate list that we already hold for Scotland. We need to be mindful that tying workers to particular employers or sectors can increase the risk of exploitation. I am sure hon. Members will be aware that recently four United Nations rapporteurs wrote to the Irish Government to point out that their scheme, which has been put in place in Ireland to bring in non-EU workers to work in the fishing industry there, is giving rise to forced labour and exploitation on Irish fishing vessels.”
“Friend the Member for Banff and Buchan (David Duguid). I have the Minister for Agriculture, Fisheries and Food, my right hon. Friend the Member for Scarborough and Whitby (Mr Goodwill), with me this evening, and Members will be aware that the Fisheries Bill is making is progress through the legislative process. With that, I conclude my remarks.”
“Accordingly, the White Paper sets out our intention that as a transitional measure we will create a temporary visa that will allow migrants from low immigration risk countries to come to the UK for up to a year to work in jobs at any skill level. The White Paper does not represent the Government’s last word on this topic; quite the reverse. It is the start of the conversation, not the end, and we are talking to every sector of the economy across every nation of the United Kingdom and every region of England. As I said earlier, Ministers and officials have held 45 meetings with more than 650 stakeholders, and that work will continue in the coming months. I confirm that it will include representatives of the fishing sector. I also hope that it will give me the opportunity to get out and about and visit the constituency of my hon.”
“As I said earlier, I am not for one moment suggesting that no skill is required to work in the fishing industry. Indeed, having spoken to people in the sector in both Scotland and Northern Ireland, I am full of admiration for those who work in what are extremely difficult, challenging and sometimes downright dangerous conditions. Having given that important clarification, I would like to repeat that the MAC advised that there should be no specific route for those undertaking jobs below RQF 3. We recognise, however, that after 45 years of free movement, many businesses and employers have come to rely on a steady stream of lower skilled migrant labour. We do not wish to create a cliff edge.”
“I have listened to my hon. Friend on this subject on many an occasion. He is a forceful and passionate advocate for the industry. On the seasonal workers scheme in the edible horticultural sector, it is important that we have the opportunity to evaluate the scheme and reflect on it, but I am certainly listening closely to the calls this evening for a similar scheme for fishing. I am conscious that I only have a few minutes left, but I would like to focus attention on the White Paper, which, as I said, we published back in December. I have already indicated that we will have a year of engagement —we are already three months in. It is important to reflect on the fact that the MAC has already suggested that we reduce the skill level from RQF 6 to RQF 3 for those seeking to come to the UK, post the introduction of the new immigration system.”
“The Government’s approach has been informed by extensive, regular engagement with external stakeholders representing the needs of a broad range of people, to ensure that the EU settlement scheme is accessible to all. The Home Office has introduced a range of support, including £9 million of grant funding for voluntary and community organisations, and support via the EU Settlement Scheme Resolution Centre.”
“The EU settlement scheme opened fully on Saturday, and we have worked with EU citizens to make it as simple and straightforward as possible. Last week, we launched a £3.75 million programme of communications that provides both information and the underlying message that EU citizens are our friends, our colleagues and our neighbours, and we want them to stay.”
“I thank the hon. Lady for that question. It is not correct that people have to get the permission of somebody who may well be a perpetrator of domestic violence, but it is important that, through our £9 million of grant funding, we work with groups and support the most vulnerable in the community so that they can help evidence their time in the UK and be granted status through the channels that we have put in place.”
“That is absolutely correct. There will be no loss of entitlement to NHS services and treatment, and I thank my right hon. Friend for her assistance in conveying the message to her constituents that we want our EU friends and neighbours to be able to stay and access the services and benefits to which they are entitled. That is important.”
“Of course, the hon. and learned Lady will know that an entire package of citizens’ rights for EU citizens is planned as part of the withdrawal agreement. That will provide the route, and her party might consider voting for it.”
“I thought my response was quite clear. I reiterate to the hon. and learned Lady that the best way to ring-fence citizens’ rights is to vote for the deal.”
“Members to ensure that EU citizens living in their constituencies take part in the scheme.”
“I thank the hon. Gentleman for his question. He will of course know that the first three phases of the scheme were in testing mode, and it opened publicly for the first time on Saturday. That was designed to coincide with a widespread communications campaign, on which the Government are spending £3.75 million. He well knows that we debated the issues about a declaratory scheme in the Committee stage of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill. We are very conscious of the fact that we want people to have status that they can evidence. That is why we put the scheme in place. They will have digital status, which will provide them with the ability to share just the information that is required for landlords and employers. I encourage all hon.”
“The White Paper, published in December, proposes a route for skilled workers of any nationality coming to do jobs at RQF—regulated qualifications framework—level 3 and above. It will be uncapped, allowing all those meeting the requirements to come here. The right hon. Gentleman will of course recall that the Home Secretary lifted the tier 2 cap for NHS workers last July.”
“The right hon. Gentleman will have heard earlier that, as at December 2018, we had over 5,200 more EU nationals working in the NHS in England than we did at the time of the referendum in 2016. He makes an important point about careworkers. During the engagement going on as part of the White Paper, this issue has been raised with me and the Government are certainly listening carefully. I am working closely with the Minister for social care and later this week we will be attending a roundtable on exactly this subject.”
“I thank my hon. Friend for that question. The answer is: absolutely. The proposals we have put forward in the White Paper will ensure that there is absolutely no discrimination in respect of those seeking to come here from EU countries and from non-EU countries.”
“I thank the hon. Lady for that question. It is important to note that just last week I held a roundtable with representatives from the Scottish and Welsh Governments, and civil servants from Northern Ireland. It is important that we make sure we have a future immigration system that works for the whole of the UK, and we are determined to do so.”
“The Home Office’s comprehensive vulnerability strategy ensures that the EU settlement scheme is accessible for all, including children in care. The Home Office is engaged with the Department for Education, the Local Government Association and the Association of Directors of Children’s Services to assess the needs of this group and ensure that they are met. I have welcomed their ongoing contribution to the development of the scheme.”
“As the hon. Lady knows, five local authorities took part in the private test phase, making applications on behalf of children for whom they had full parental responsibility. They reported that the process was quick and easy for them to use. As I have said previously, we have a comprehensive vulnerability strategy and are working hard to make sure that the scheme is accessible and handles all those who are marginalised or at risk with the sensitivity that is required.”
“The hon. Lady will have heard me say earlier that we are working very hard with the social care sector and listening to organisations such as the Local Government Association. A couple of weeks ago, I met not just the LGA but the Convention of Scottish Local Authorities to talk about the importance of the social care sector and to make sure that our future immigration system is able to recruit people with the skills and the talents that we need to come to the whole of the United Kingdom.”
“My hon. Friend is right to emphasise that it absolutely is people traffickers and organised crime gangs who are encouraging people to make this extremely perilous crossing. We deploy aerial surveillance, but the House will appreciate that I will not be able to discuss our covert assets in detail. He is right to emphasise that we are working with a number of member states, including France, to facilitate returns. About 20 individuals who have crossed via small boat have been returned to date, and further returns are in progress.”