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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“In addition to the commitments under section 17 of the withdrawal Act, the UK will continue to operate under the Dublin III regulation in any agreed implementation period. In the event of the UK withdrawing from the EU without a deal, the Home Office will continue to consider inward Dublin transfer requests relating to family reunification that are made before 29 March 2019. That would also apply to any take charge requests accepted before 29 March this year. Furthermore, EU exit does not change the Government’s commitment to relocating 480 unaccompanied children to the UK under section 67 of the Immigration Act 2016, commonly known as the Dubs amendment. I therefore invite the hon. Members for Cumbernauld, Kilsyth and Kirkintilloch East and for Paisley and Renfrewshire North to withdraw the amendment.”
“Section 17 commits the UK to seek to negotiate an agreement with the EU whereby unaccompanied asylum-seeking children can be reunited with close family members and vice versa, where it is in the child’s best interests. I hope that the Committee will agree that there should not be a deadline in domestic legislation for reaching an agreement with the EU. The UK cannot compel the EU to negotiate on this issue and, more importantly, we cannot compel the EU to do so for a specific timeframe. I understand the intention behind the new clause proposed by the hon. Members and reassure them of the provisions that will be in place for unaccompanied asylum-seeking children seeking to join family members in the UK when the UK withdraws from the EU.”
“Given my comments that it is incredibly restrictive and possibly discriminatory, I invite the hon. Member for Stretford and Urmston to withdraw the amendment and look to our review on the existing policy. I now turn to new clause 23. I thank the hon. Members for Cumbernauld, Kilsyth and Kirkintilloch East and for Paisley and Renfrewshire North and welcome their ongoing contributions to this debate. The new clause aims to ensure that the UK must reach and legislate for an agreement with the EU in accordance with section 17 of the European Union (Withdrawal) Act 2018 within an implementation period or within three months of the UK leaving the EU without a deal.”
“We might expect that EEA nationals, who came here and claimed asylum in the unlikely circumstances that we would deem a claim to be admissible, might move into employment at a rate of about 25%. I am conscious that these figures are very low and there are areas where we could do better. Either the hon. Member for Stretford and Urmston or the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East made the point that the longer somebody is out of work, if they are an EEA national who is claiming asylum, the harder it is for them to move into work. I hope that those comments, whether in order or not, have reassured hon. Members that we are taking the matter really seriously. It is an important issue but amendment 19 does not address the wider issue, being limited to only EEA nationals and their family members.”
“The Government have accepted that advice.”
“We appreciate that farming is a long-term endeavour and that the sector places great emphasis on certainty when it comes to workforce planning. That is particularly the case as we look to the design of our future immigration system. As I set out earlier, the temporary worker route will be open to nationals from countries that pose a low immigration risk. That route will support seasonal employment of all kinds across all sectors, including our farmers and growers. The route will offer considerably more generous terms than the proposals in the new clause; that includes not tying migrants to a specific employer. We intend to go further, however. As the Committee will be aware, the Migration Advisory Committee identified agriculture as a special case, and as the only sector that is deserving of special treatment.”
“As I have said, migrant workers who come to the UK will be subject to the full protections that already exist for every worker—regardless of their nationality—who is employed by a UK employer. Since the statutory workplace employment rights and protections will be the same for domestic and migrant workers, it is unlikely that an impact assessment would be necessary or add to the understanding of the future immigration system. I turn to new clause 20. Although I appreciate what the hon. Member for Manchester, Gorton seeks to achieve, I believe that, once again, he and the Government are in the same place and the new clause is not necessary. The Government fully understand the importance of our food and farming industry, and the sector’s significant reliance on seasonal labour.”
“As I have explained, we do not propose to introduce sectoral working visas other than in agriculture, and MAC specifically advised against doing so. Our proposed work routes—the skilled worker route and the temporary worker route—are, in combination, open to the full range of occupations and professions. That means that the Government would be committed to consulting hundreds of trade unions and representative bodies every time a change was required to the immigration rules, and that would be unworkable. The second half of amendment 20 would require the Secretary of State to publish an impact assessment on workers’ rights for any future work-related immigration arrangements, and I do not believe that that is necessary.”
“I suspect members of this Committee were present in this Committee rather than in that debate, and I urge them to review the principles of the pilot and the protections that will be applied, as set out by my ministerial colleague. On the requirement in amendment 20 to consult trade unions, I appreciate that trade unions have a unique perspective on work-related immigration, and they will understandably want to protect the rights of their existing members in the domestic workforce. As part of our ongoing engagement following the publication of the immigration White Paper, we are consulting some trade unions about the proposed future system. However, I do not see how the amendment could practically be made to work.”
“I will say a bit more about that when I address new clause 20, but let me deal first with the protection issues. The potential for exploitation of the pilot was the recent subject of a thoughtful and considered debate in Westminster Hall, secured by the hon. Member for Nottingham North (Alex Norris). In that debate, the Minister for Policing and the Fire Service, my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd)—he responded to the debate because I was in this Committee taking evidence—set out the careful work that had gone into the design of the pilot scheme, and the ongoing liaison with the Gangmasters and Labour Abuse Authority to ensure that migrant workers are protected.”
“Gentleman will remember that the temporary worker route will be open to nationals from countries that pose a low immigration risk. We do not expect that route to be used by those who may, unfortunately, be economically desperate enough to make themselves vulnerable to exploitation. As we have heard, there is one sector in which we will operate a special scheme under which workers will, to some extent, be tied to a particular type of work, and that is the agricultural sector. The independent Migration Advisory Committee recognised the sector’s unique reliance on short-term migrant labour, and the Government have accepted that argument. We are currently catering for that through a seasonal worker pilot, which comes into operation shortly.”
“In the future system, those who come under the skilled worker route will be taking up professional occupations and will be sponsored by their employer, so the Home Office will have a relationship with their employer. The Home Office may well visit and inspect the employer, and the Government will take very seriously any suggestion that the worker is not benefiting from every employment right to which they are entitled. Migrant workers who come to the UK under the temporary worker route may be doing jobs that are more vulnerable to exploitation. That is why a feature of that route is that migrant workers are not tied to one employer and may move around the labour market if they are unhappy, for whatever reason, in their employment. The hon.”
“Let me be very clear that migrant workers in the UK are entitled to all the protections of UK law while they are here, whether that is the minimum wage, health and safety legislation, working conditions, maternity and paternity arrangements, the right to join a trade union, the right to strike, statutory rights to holiday pay and sick pay or any of the other myriad protections in UK law for workers. Those protections apply to those who are in the UK on work visas every bit as much as they do to the resident workforce. That is true of migrant workers who are here under the current immigration system and those who may come in future under the new one.”
“I thank the hon. Member for Manchester, Gorton for giving us the opportunity to consider two important issues: the protection of migrant workers and the opportunities that are open to them. Amendment 20 concerns the protection of workers’ rights. I appreciate the sentiment behind the amendment, and I do not believe there is any real difference between the hon. Gentleman and me on this issue. It is of the highest importance that everyone working in our economy is safe, and is treated fairly and with respect. I am proud of the Government’s track record in this area, with the landmark Modern Slavery Act 2015 and the further powers we have given to the Gangmasters and Labour Abuse Authority. We will not be complacent on the matter.”
“The hon. Gentleman will be aware that the temporary work visas are a transitional measure, but we will be looking carefully at that and listening to the advice that we have received in the evidence sessions for this Committee and more widely. As the Immigration Minister, I am conscious that people from a huge range of sectors are beating a path to my door to outline the particular circumstances of their industries, and I fully expect that to continue over the next 12 months. I do not expect people to beat a path to my door, however, so we are going out and engaging actively with different sectors. We are holding roundtables in every part of the country, and across every part of industry, so that we have a top-range understanding of the challenges.”
“Gentleman much of what he is looking for with the new clause: a route for low-risk nationals to come to the UK for up to 12 months to work at any skill level and—crucially, given the problems that this might entail—without the need to be tied to a particular employer. I apologise for having spoken at some length, but these are important issues worthy of serious consideration. I hope that I have reassured hon. Members that the protection of migrant workers is at the forefront of the Government’s thinking.”
“We have set out that we intend to spend the next year engaging with businesses, employers and other stakeholders before determining the level at which salary thresholds should be set. Let me turn to more temporary and potentially less skilled migration, with which new clause 21 is particularly concerned. The immigration White Paper sets out that as a transitional measure we intend to introduce a temporary work visa, which will allow nationals of low-risk countries to come to the UK for up to a year to work in any job, at any skill level. Unlike in the new clause proposed by the hon. Member for Manchester, Gorton, there will be no requirement to have a prior job offer or to be sponsored by a particular employer, and that is an important safeguard against exploitation. The temporary work route that I have described gives the hon.”
“We are also abolishing the cap and the resident labour market test for high-skilled workers. Those who come to the UK through the skilled workers route will need to meet an income requirement, and I make no apology for that. That is a continuation of the provision in the current points-based system which, I remind the Committee, was introduced by the last Labour Government. MAC’s report, which was published in September, said: “We believe that these salary thresholds are likely to ensure that these migrants raise the level of productivity in the UK, make a clear positive contribution to the public finances and contribute to rising wages.” I am sure that every member of the Committee shares those objectives.”
“Piloting and evaluating is the right way to proceed, rather than taking a final decision now. I advise the Committee that new clause 21, although well intentioned, is not necessary. When we debated amendment 20, I set out some details of the future immigration system, but let me remind the Committee what we will be providing. First, there will be a route for skilled workers, which will be available to nationals of all countries and will require workers to be sponsored by an employer to do a specific job. As now, however, there will be the facility to change jobs and move from one licensed sponsor to another. In line with the recommendations of the independent Migration Advisory Committee, we are expanding that route to encompass medium-skilled as well as high-skilled workers.”
“My hon. Friend is right to point out that the new clauses relate only to the EEA. Our future immigration system, which will undoubtedly be the subject of much debate, will have to provide the level playing field of which he speaks. As I have set out, the Government have announced the two-year seasonal workers pilot, which allows non-EU migrants to work on UK farms for six months, specifically in the edible horticultural sector. The pilot will test the effectiveness of our immigration system in helping to alleviate seasonal labour shortages during peak production periods, while maintaining robust immigration controls, safeguarding migrant workers and ensuring that the impact on local communities and public services is minimal. There will be a thorough review before any decisions are taken about long-term arrangements.”
“I highlight again the fact that we are in the final stages of establishing the relevant pilot scheme.”
“We did hear evidence in which people expressed concerns about the temporary routes, but we also heard from the agricultural sector, which was keen that there should be some. I vividly remember some evidence that indicated that temporary routes would inevitably—that was the word used—lead to exploitation. In the rebuttal from the National Farmers Union, however, we were given much evidence about workers on temporary contracts who returned year after year. That suggests that short-term routes would not inevitably lead to exploitation. That remains something for us to consider carefully by listening to the evidence and the discussions that we have in the next 12 months, so that we understand the sectors—particularly the agricultural sector—that are engaging with us.”
“As I have said, this is a transitional route that we will review carefully, but there are very good reasons why we do not propose that dependants should be able to come for such a short period. Of course, “no recourse to public funds” is about encouraging people who come here for work to not be reliant on the benefits system, which they will not have paid into for any significant period. We will have an immigration route for high-skilled and medium-skilled workers of all nationalities, and we will have a transitional route for workers at all skill levels. I hope that the hon. Member for Manchester, Gorton feels able to withdraw the amendment.”
“I am grateful to the hon. Member for Scunthorpe for providing the Committee with the opportunity to discuss the amendment, and for his really important work as chair of the all-party parliamentary group on cancer. The amendment gives us the opportunity to consider the impact that ending free movement through the Bill might have on the health and social care and medical research sectors. I appreciate that there are those on the Committee who do not believe that we should end free movement. I have to remind them that the people of the United Kingdom voted in a referendum, in which there was no doubt that immigration was a key consideration for some members of the electorate. Parliament has to respect that democratic mandate.”
“Member for Scunthorpe made an important point about roundtable events and talking to all sectors, and I am absolutely determined to do that in the area of medical research. I assure him that I have a busy programme over the next six months.”
“I would not want anyone to misunderstand me and think I was being remotely complacent, because I really am not, but I must emphasise again the Government’s recognition and appreciation of the great contribution made to the UK by EU nationals working in health, social care and our important medical research sector. I think it was on the day we published the White Paper that I went to the Crick Institute in London and spoke to some of the research teams there. They were not simply from the EU or the EEA, but were global research teams. That point was made to me by Cancer Research UK, which I visited at the tail end of last year. We will continue to engage with the sector. The hon.”
“I thank the hon. Gentleman for his comment. I am sure, like me, he welcomes the fact that some of the most recent immigration statistics show more people coming to the UK with a confirmed job to go to, rather than simply looking for work. That is an important trend. I am sure he would also acknowledge that, as the Secretary of State for Exiting the European Union pointed out—he was a Minister in the Department of Health and Social Care when he did so—there are more EU citizens working in the NHS today than there were at the time of the 2016 referendum.”
“Accordingly, I believe that the amendment is not appropriate at this time, because it is attached to the wrong provision, but I accept and welcome the spirit of what the hon. Member for Scunthorpe seeks to achieve. I assure him that appropriate impact assessments will be provided.”
“As I have said several times today, over the next 12 months we will listen carefully to various sectors and their concerns before taking final decisions. As the hon. Member for Scunthorpe will appreciate, it is right that the Government assess the full costs and benefits of ending free movement once the future policies have been finalised. I therefore suggest that the regulations, which are primarily intended to cover the transition from free movement to the future system, are not the right place to set out a detailed impact assessment of the end of free movement on individual sectors. I can reassure the Committee that it is our intention that the immigration rules for the future system will be accompanied by relevant impact assessments, once the arrangements have been finalised.”
“It is not the place where we will set out the details of the future system. As stated in the impact assessment published alongside the Bill, the details of the future immigration arrangements that apply to EEA nationals and their family members from 2021 will be set out in immigration rules. It is not yet possible to set out the quantitative and wider benefits of that future system, but the White Paper proposals published in December were supported by a full and detailed economic appraisal, which was published in an analytical note in annex B of the White Paper. As the Committee will know, the Government intend that the proposal in the White Paper will provide the basis for a national conversation with a wide spectrum of business organisations and sectors.”
“There is also provision for special salary exemptions from the minimum £30,000 threshold for experienced workers. I assure the Committee that the Government take seriously the impact on the UK economy of the proposals we have set out in the immigration White Paper. Together, the proposals are and will be designed to benefit the UK and ensure that we continue to be a competitive place, including for medical research and innovation. As the hon. Gentleman will be aware, the Bill is designed to provide for the arrangements by which free movement will end for EEA nationals, delivering the commitment that the Government made. It is not designed to set out precisely how the future immigration system will apply, and the power in clause 4 is to make consequential changes as a result of the end of free movement.”
“We want the existing EU workforce to stay, and we want to continue to attract other international workers in the field. We recognise that the research, as the hon. Member for Scunthorpe pointed out, goes way beyond fiscal benefit. It is about the contribution to the health of the UK population and to the world, because research in this country does not stop at our own shores. Even under the existing immigration system, special provisions apply for those coming to work in the UK as doctors, nurses and researchers, including in important scientific and medical fields. The provisions include, but are not limited to, being outside the scope of the annual cap that applies to the main skilled work route under tier 2 and not being subject to the resident labour market test.”
“My hon. Friend is right to point out that we do not want to miss out on expertise. We want to continue to attract the very brightest and the best to the UK, to work not only in medical research, but across the economy and all sectors of academia. We heard evidence from Universities UK, which often comes to talk to me about the importance of being able to attract not only researchers from the EEA, but students and academic staff. As I am sometimes inclined to point out, they cannot open their doors if they do not have people available to clean the lavatories. I am conscious that there is a wide breadth of individuals, skills and talents that we will need to continue to attract to the UK post Brexit. We are in absolutely no doubt about the continuing need in the UK for those working to tackle terrible diseases, such as cancer.”
“The hon. Gentleman will be conscious that our immigration rules since the 1971 Act have been largely set out in the rules, as opposed to primary legislation. This is a framework Bill to end free movement. As I have put on record in a statutory instrument Committee, I fully expect there to be a subsequent immigration Bill. There are many aspects of future policy that are perhaps not yet in this Bill.”
“The hon. Gentleman will be aware that the future system is intended to be introduced from 2021 and of my commitment to achieving a deal with the EU that is supported by Parliament, so that we can have transitional arrangements, which are crucial. However, now is not the appropriate time to publish impact assessments, which will come forward at the relevant time. I therefore invite the hon. Member for Scunthorpe to withdraw the amendment.”
“The safeguards that are built in require consideration of whether it is reasonable for the child to leave the UK, starting with the child’s individual right to family life and then their right to a private life. Consideration is then given to any exceptional circumstances that are specific to the child, and which might make it unreasonable for them to be required to leave the UK. These safeguards for children are provided by a combination of primary legislation and guidance. The need to ensure that children’s best interests are considered is set out in primary legislation, and the detail of how this should be done is set out in guidance that is relevant to particular case types. It is done in that way so as not to impose—as the amendment would—a level of detail for each and every case that might not be relevant in every situation.”
“Other unaccompanied migrant children, who are the minority, will fall within the safeguarding measures of the relevant local authority, which has a duty to ensure that children are placed, preferably, with family or in situations where their needs can be properly met. A child can be removed from the UK only if safe and adequate arrangements are in place. I cannot cover the full range of circumstances that might be involved, but essentially that means the care of a parent or a family member or the statutory services for children in that country. The most frequent instances involving the return of children under immigration legislation is when a parent is no longer entitled to remain in the UK.”
“That relates mainly to children who are required to leave because their parents are required to leave. It is unclear whether the amendment deals only with children in that situation or whether it seeks to encompass unaccompanied children of EEA and Swiss nationals. If it is the latter, I remind hon. Members that the Home Office’s published guidance prevents the removal of an unaccompanied child unless there are safe and adequate reception arrangements available to them in the country of destination. Hon. Members will be aware that the unaccompanied children with whom we have the most frequent dealings are unaccompanied asylum-seeking children.”
“I want to explain how the Government seek to carry out their functions in a way that takes account of the need to safeguard and promote the welfare of children in the UK, as required by section 55 of the Borders, Citizenship and Immigration Act 2009. This requirement applies to all children—not simply to those who are the children of EEA or Swiss nationals—and is therefore much more comprehensive and appropriate than the proposed amendments. Amendment 27 addresses the situation of children of EEA or Swiss nationals. Hon. Members will be aware that the UK takes very seriously its responsibilities to safeguard the welfare of all children in the country. Significant safeguards are already in place for children who might be required to leave the UK as a result of immigration legislation.”
“I commend the hon. Member for Stretford and Urmston, my hon. Friend the Member for East Worthing and Shoreham and the right hon. and learned Member for Camberwell and Peckham for their well-known commitment to children’s welfare, which is reflected in the proposed amendments. I apologise for this somewhat cheeky aside, but my hon. Friend the Member for East Worthing and Shoreham, who is not on the Committee, is looking down at us from the Annunciator. I am sure he would want to feel part of this process: he is a former children’s Minister who always took his role very seriously indeed. It is a commitment that I share, and which is already required of the Home Office. The hon. Member for Stretford and Urmston has certainly given considerable thought to this whole area. Unfortunately for me, she predicted some of my comments.”
“The Bill’s social security co-ordination clause is an enabling power, allowing changes to be made to the retained social security co-ordination regime via secondary legislation. A policy equality statement on the co-ordination, which was published alongside the Bill, gave a commitment that equality considerations, including the public sector equality duty, are being considered more widely throughout the policy development and that any policy changes that may be considered under secondary legislation will result in an updated equalities analysis. We will certainly consider the impact of any future changes to the retained co-ordination regime, in line with the public sector equality duty. I therefore urge the hon. Lady to withdraw the amendment.”
“Thus the Home Office always considers the best interests of the child as the primary, but not necessarily the sole, consideration in immigration, asylum and nationality cases. The hon. Lady asked what would happen to the children of EU resident citizens who do not register themselves for the EU settlement scheme. We have been clear that if a child has not applied before the deadline because their parent has not done so, that would clearly constitute a reasonable ground for missing the deadline and we would work closely with the children and their parent to make an application as soon as possible. She also asked a specific question about numbers. Unfortunately, I do not have the statistics with me but I am happy to write to her and all members of the Committee to provide that information.”
“The design of the future borders and immigration system will be developed consistently with our international domestic obligations to safeguard and promote the welfare of children. For that reason, as set out in our published policy equality statement on the Bill’s immigration measures, we have committed to carefully considering all equalities issues, including the impact on children, as the policies are developed. The hon. Member for Stretford and Urmston asked a number of questions about the processes that the Home Office follows to ensure it considers the best interests of the child. As I have outlined, the Home Office has extensive guidance for caseworkers and officials explaining the requirements of section 55 of the 2009 Act, which must always be followed to ensure compliance with the duty.”
“Amendment 24, which seeks to amend the Bill’s commencement provisions in clause 7, would make commencement dependent on the Government publishing a child rights impact assessment. As I have outlined, the duty set out in section 55 of the Borders, Citizenship and Immigration Act applies to all functions of the Home Office in the area of immigration, asylum and nationality. Furthermore, clause 3 states that the Bill will be added to the statutory definition of the term, “the Immigration Acts”. To clarify, everything done by and under those Acts must meet that obligation. Furthermore, we are working to ensure that local authorities have all the support they need to ensure that looked-after children in their care will be able to receive leave to remain under the EU settlement scheme. The Bill’s core focus is to end free movement.”
“In exercising all delegated powers, the Government must and do comply with their international legal obligations, including the UN convention on the rights of the child. We do not think it is necessary to reiterate the commitments in individual cases across the statute book, particularly in the light of section 55 of the Borders, Citizenship and Immigration Act. Similarly, the Government’s view is that it would be disproportionate to require the publication of a separate child impact assessment. Age is one of the protected characteristics under the Equality Act 2010 and as such the Secretary of State is already required to, and does, consider the impacts that regulations would have on children by virtue of the public sector equality duty.”
“Last week I met a group of organisations working with and representing vulnerable individuals. I was forced to send a note asking whether the Children’s Society had attended the event; it was in fact Children England, although it echoed the comments made by the Children’s Society in evidence to this Committee two weeks ago. The grant funding we are providing to organisations to inform vulnerable individuals, as well as children and families, about the need to apply for status, and to support them to complete their applications under the scheme, is an important part of the Home Office’s support. As Committee members heard during the oral evidence sessions, voluntary and community organisations have been well engaged in the development of the settlement scheme and their engagement is ongoing.”
“The Government take children’s welfare extremely seriously. As hon. Members will be aware, the UK is a signatory to the United Nations convention on the rights of the child, and we take those obligations seriously. Section 55 of the Borders, Citizenship and Immigration Act requires the Home Office to carry out its functions in a way that takes into account the need to safeguard and promote the welfare of children in the UK. We also have a proud history of providing protection to those in need, including some of the most vulnerable children. For example, we are providing grant funding of up to £9 million for voluntary and community organisations across the UK to support EU nationals who might need additional help when applying for immigration status through the EU settlement scheme.”
“That process includes a comprehensive and ongoing written welfare assessment in all cases. Discussion with social services takes place to identify particular concerns and risks, and medical information is sought with the agreement of the individuals. A plan for an ensured return of the family must demonstrate how we have met our duty under section 55 of the Borders, Citizenship and Immigration Act. The proposed amendment is therefore not necessary. Amendment 25 would require the Secretary of State to have regard to the United Nations convention on the rights of the child when exercising the power in clause 4 in relation to children and families. It would also require the Government to publish a child rights impact assessment when clause 4 is used in relation to children and families.”
“The proposed amendment would also require the Home Office to develop a care and reintegration plan for any child of an EEA or Swiss national before we could remove the child. However, it is the responsibility of the authorities and the state to which the child is being removed to implement such plans. We would not have the power to enforce them. The amendment would effectively create a new set of statutory duties for the immigration authorities that would be demanding on their time without leading to any clearly identifiable result or benefit for a child. Other specific safeguards for children whose parents face removal from the UK already exist in immigration legislation. The Government introduced the family returns process to support the removal of families with minor dependent children.”
“The assessment of a child’s best interests in such cases requires consideration of all relevant factors, including whether the child’s parent or parents are expected to leave the UK, whether the child is expected to leave with them or remain without them, and the impact that would have on the child. Factors to be considered include—but are not limited to—the child’s health, how long they have been in education and what stage they have reached, as well as issues relating to their parents. I therefore consider the current arrangements to provide a more robust safeguard than the assessments proposed by the amendment, which will in any case only apply to children of EEA or Swiss parents.”