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 Home Office’s published guidance on cases involving children required to leave the UK with their parents requires consideration of the following: is it reasonable to expect the child to live in another country? What is the level of the child’s integration with the UK? How long has the child been away from the parents’ country? Where and with whom will the child live if compelled to live overseas? What will the arrangements be for the child in that other country? What is the strength of the child’s relationship with the parent or other family members, which would be severed if the child moved away or stayed in the UK?”
“I thank the hon. Lady for that intervention. I was about to move on to the consideration of best interests in primary legislation. I hope it will be self-explanatory. The placing in primary legislation of detailed requirements about how to consider the best interests of children may not serve the interests of all children. For some, being reunited with family overseas as quickly as possible is an important outcome. In other cases, these requirements will replicate work already being done by a local authority through its children’s services. There is, therefore, a risk that some individual children’s needs will not be well served by including well-intentioned provisions in primary legislation and making them mandatory in every case.”
“This would clearly lead to a perception that non-EU families are discriminated against for no reason other than their nationality, and may well be regarded as unlawful for that very reason. The possibly unwitting introduction of direct discrimination is the Government’s main reason for objecting to the amendment, but I also draw attention to the terms of the amendment itself. It would replace the minimum income requirement for British citizens and settled persons sponsoring EU family members with a test that has three separate components: being able to maintain and accommodate the family without recourse to public funds; taking account of the prospective earnings of the EU national seeking entry; and taking into account any third-party support available. I will address each in turn.”
“I appreciate the positive intent behind the amendment, which seeks to create a means whereby, in the future, EU nationals will be able to join a spouse, partner or parent in the UK who is either a British citizen or is settled here, but without being subject to the current and established financial requirements for family migration. No doubt the intention is to be helpful to that group of people and their family members in the UK. However, the practical effect would not be to maintain the status quo for EU citizens but to create a separate and preferential family migration system for EU family members when compared with the situation of British or settled people’s family members who are not EU nationals.”
“Our current policy allows asylum seekers to work in jobs on the shortage occupation list, where their claim has been outstanding for 12 months or more through no fault of their own. However, there is ongoing work in this area, and I continue to have discussions with stakeholders and right hon. and hon. Members on this very important subject.”
“I thank the hon. Lady for making that point. Of course, this policy is designed to protect the resident labour market so that access to employment is prioritised for British citizens, and it is important to reflect that about 50% of asylum seekers are ultimately found not to be in need of international protection.”
“I would like to reassure my hon. Friend that we are committed to making sure that asylum claims are considered without unnecessary delay and to making sure that, when decisions are made, they are the right decisions first time. He makes an important point about returns. This Government are committed to working both with stakeholders and with individual people who have failed in their asylum claims to promote voluntary returns and make sure that they are returned to their home countries, where it is safe to do so.”
“I thank the hon. Lady for raising that individual case. I am of course happy to meet her to discuss it in detail. In circumstances in which somebody has had a claim outstanding for a considerable period and has a child, it is important that we continue to act to ensure that we are faster in making decisions.”
“My right hon. Friend is absolutely right to emphasise the importance of work. I often say, with no irony whatsoever, that I spent a very happy 12 months at the Department for Work and Pensions. I am conscious of the importance of work for people’s physical, mental and emotional wellbeing, not to mention the fact that children are better off when their parents are in work. My right hon. Friend is absolutely right to mention integration. I commend the work of the Ministry of Housing, Communities and Local Government on its integration Green Paper, and the Home Office is working closely with it.”
“I hope that the hon. Gentleman was listening when I made the point that the policy is about protecting the labour market for British workers. Of course I have met asylum seekers in my surgery. Indeed, the ward of Swaythling in Southampton has one of the highest numbers of supported asylum seekers in the entire city, and it falls within my constituency. It is important that we get the balance right and find out how we can best support people into work, but what we do not want to do is create perverse incentives for people to seek to come here by circumventing our important immigration rules, which reserve the right to work for those who have applied through the correct processes.”
“Foreign nationals admitted to the UK to work under the proposals set out in the White Paper will benefit from the same employment rights and protections as the rest of the UK workforce, such as the national minimum wage, paid annual leave and protection from discrimination.”
“The hon. Gentleman will be aware that when the Home Secretary published the White Paper, he made it clear that this was the start of a year-long conversation about the proposal contained therein for us to move to a single system based on people’s skills and not on where they come from. He will also be aware that the Immigration Bill has recently moved into its Committee stage, and we heard evidence the week before last from a range of experts giving us the benefit of their views on salary thresholds, including the Migration Advisory Committee, which proposed the £30,000 threshold.”
“I commend my hon. Friend for her enthusiasm and determination to see a seasonal workers scheme introduced. As she knows, the pilot starts this month and we are determined to work closely with the horticultural sector and those companies that are piloting the scheme to ensure that we evaluate it thoroughly and look for the best way to take it forward.”
“The Government set out their plans for the future immigration system in the White Paper published on 18 December. We recognise the need to provide employers with flexibility as the new system is implemented, and our proposals include plans for a temporary short-term workers route, which will be open to overseas workers at all skill levels and in any occupation.”
“I thank the right hon. Gentleman for that question. He will of course be aware that when the MAC provided us with its report last year it was clear in its recommendation that we should not introduce sectoral schemes to meet labour needs at lower skill levels, except in agriculture. He will be aware that I have held various meetings with right hon. and hon. Members, and undertaken two visits to talk to the fishing sector—one to Kilkeel harbour and one to Troon. I have undertaken to make a further such visit to Banff and Buchan, which I hope will take place around Easter.”
“I thank the hon. Gentleman for taking the time to raise his important constituency case. I am absolutely happy to confirm that I will meet him to go through the specifics in detail.”
“My hon. Friend is of course right. The Government have been very clear that EU citizens living here will be able to stay; more than that, we want them to stay. That is why the settlement scheme has been designed to be easy and straightforward. As the Home Secretary has just indicated, so far the applications of more than 100,000 people have been through the testing phase and not a single one has been refused.”
“In common with every other Minister, I am working hard to ensure that we get a deal—that is the best way forward for the country—but it is important to plan for all eventualities, and the Government are doing that carefully. In conclusion, the Government support policing and fire and rescue services to do their vital work by providing the resources that they need. I pay extreme tribute to their very hard work.”
“That is why we are enabling police and crime commissioners to increase their cash funding next year, and many PCCs have set out their plans in that regard. On top of protecting 2019-20 general grant funding in real terms for all police forces in England and Wales, the Government have increased funding for counter-terrorism policing and to combat serious and organised crime. There was mention of the impact of Brexit, which is not only topical but of real concern. The Government have provided additional funding to Kent police for the particular pressures that they might face with Operations Stack and Brock in their area. Rightly, as part of Brexit planning, we look closely at police resourcing and the additional pressures that might be put on the police.”
“Financial reserves held by single purpose fire and rescue authorities increased by more than 80% to £545 million between 31 March 2011 and 31 March 2018, which is equivalent to 42% of their core spending power. The sector has made efficiencies, but as by the first tranche of inspections by Her Majesty’s inspectorate of constabulary and fire and rescue services indicated, it can do more to work smarter and to reduce costs. It is important that fire services continues to receive the right level of resources, which is why we work closely with the services to build the evidence to develop a clear proposition for the spending review. Some issues were raised about neighbourhood policing. I want to put on the record how much we value neighbourhood policing and the vital role that officers play in keeping the public safe.”
“The police need to use that money well, which means every force saving money on procurement and back-office functions so that it can be invested in the frontline. The Home Secretary has been clear: he will prioritise police funding at the spending review. Turning to the issue of fire funding, fire and rescue services have the resources they need to do their work and keep people safe. Fire and rescue authorities will receive about £2.3 billion in 2019-20. Single purpose fire and rescue authorities will receive an increase in core spending power of 2.3% in cash terms in 2019-20 and an overall increase of 0.3% from 2015-16 to 2019-20. We are also providing additional pension funding in 2019-20 to fire and rescue authorities to ensure that their additional pension cost is limited to £10 million.”
“If all police and crime commissioners use their precept flexibility in full next year, there will be a total increase in police funding of £2 billion between 2015-16 and 2019-20. We are increasing Government grants to police and crime commissioners by £161 million, with every police and crime commissioner’s grant funding protected in real terms. They are being empowered to raise council tax contributions for local policing by up to £2 a month per household, which could raise up to £509 million. Elected PCCs have made the case for raising local tax from their electorate, and they are accountable for delivering a return on that public investment. That additional funding of up to £970 million will enable the police to manage their additional pension costs of approximately £330 million next year, while continuing to address capability issues.”
“Criminals are incredibly resourceful and adaptive and they will find opportunities wherever they exist. Our police forces must be equally adaptive and able to take important preventive action. I am sure that hon. Members will comment on what I say about funding, but the House has approved total funding for policing of up to £14 billion for 2019-20, which is an increase of up to £970 million compared with 2018-19, including the precept pensions funding and national investment. We reviewed the changing and increasingly complex demands on police; the settlement will enable them to meet the financial pressures they face next year, while continuing to recruit and fill capability gaps, such as the shortage of detectives.”
“As well as saving individuals, those services also do important pumping work. The changing nature of crime has also had an impact on our police forces. I was struck by the comments of the hon. Member for Batley and Spen about child sexual exploitation, and sadly we have seen increasing reports of that horrific crime. There has been not only an increase in crime, but an increase in the confidence of victims to come forward. These are incredibly complex, difficult and sensitive crimes to investigate; we must ensure that our police can respond whenever such occurrences are reported and that they have the resource and ability to investigate. I am routinely struck by the increase in cyber-crime, which a few short years ago was not even heard of.”
“Part of our fire reform programme is about establishing the independent fire inspectorate service, and although only the first 14 service reports are complete, questions have been raised about the extent of the focus on fire prevention, which is part of the inspection process. In a speech in January my right hon. Friend the Minister for Policing and the Fire Service raised with fire leaders the importance of preventive work. The changing nature of rescues was rightly mentioned by the hon. Member for Glasgow Central (Alison Thewliss). Although traditional fires are fortunately decreasing, rescues of different types are on the increase—for instance, the crucial work done by fire and rescue services on our motorway network, or in more recent years the work with flooding and assisting those who have been flooded out of their homes.”
“That might seem a simple thing for a year 2 child, but she is now 20 and that magnet is still on my fridge. Every month I have to write in the date with a specially provided pen that indicates when I last checked my smoke alarm. Such important preventive work continues across the country, and many fire and rescue services continue to do such work. Our fire station in Romsey has an annual “check the safety of your electric blanket day”. Perhaps we are particularly soft southerners who need electric blankets, but they can pose a significant fire risk and it is important that they have an annual health check.”
“The importance of checking smoke alarms was mentioned, and Hampshire fire and rescue service has provided me with—I do not know the technical term for the device; I refer to it as “the prodder”. It is a long stick with a hand on the end of it, so people do not have to stand on a chair to test their smoke alarm, which is a crucial way of avoiding accidents. It might seem a simple, straightforward and slightly odd-looking device, but it serves two purposes—not only is it easier for people to check their smoke alarms, but they are not putting themselves at risk by climbing up to do so. When my daughter was in year 2 at school, she went on a visit to a fire station in Salisbury—the shadow Minister mentioned Wiltshire fire and rescue service— and she was given a fridge magnet.”
“Member for Batley and Spen (Tracy Brabin) is here, and of course her predecessor in the House was Jo Cox. I mean no disrespect to the hon. Lady when I say that we still miss Jo every single day, and perhaps more at the current time than previously. She did an enormous amount of work on loneliness, and I am delighted that we now have a loneliness Minister, who has made much of the issue of loneliness among the elderly, the legacy of Jo Cox and the importance of our continuing to emphasise it. I am struck by the fact that our fire and rescue services up and down the country often do important preventive work with elderly people who live alone in their own home.”
“It is important that the public have trust in the police and that we work as a Government to ensure that the funding is in place to enable the police to carry out their important roles. The ability to raise council tax, which a number of hon. Members mentioned, is taken into account when calculating the amount of Government grant, and the same is true for business rates. Areas that raise low levels of council tax receive higher levels of settlement funding. Reductions in Government funding do not necessarily show the full picture. Council tax has been a significant part of fire funding—on average, 60% of funding for fire and rescue authorities. We heard interesting comments from—he is now back in his place—the hon. Member for Strangford (Jim Shannon), who talked in particular about preventive work and the impact on loneliness. The hon.”
“I am not going to say anything that might in any way affect that inquiry, but it is absolutely right to point out that on that night it was our brave public servants who yet again were rushing towards a dangerous situation, not away from it. They were, as the shadow Minister said, putting their lives on the line, and we owe them an enormous debt of gratitude. I will seek to respond to the comments made by hon. Members in this debate; I think it important to reflect on some of the comments that I have heard and respond to them. Of course, the recent funding settlement represents the biggest rise in police funding since 2010. There is not just more for our local police forces, but more for counter-terrorism and dealing with serious and organised crime.”
“I was reminded the night before last, when an officer was threatened in Romsey in my constituency—an individual has now been charged with possession of a knife in a public place—that such incidents occur across the country and even in the most unexpected locations. Although I cannot comment further on the incident in my constituency, it reminds us that every day and every night officers face significant threats and dangers. I also cannot add to the comments that hon. Members have made about the “Dispatches” programme on Grenfell. The inquiry is ongoing, and I am conscious that I am not the fire Minister.”
“It is of course a pleasure to serve under your chairmanship, Mr Hosie. I congratulate the hon. Member for Easington (Grahame Morris) on securing the debate and giving me what I think is my first opportunity to listen to a debate on police funding. I am conscious that, as the spokesman for the Opposition, the hon. Member for Sheffield, Heeley (Louise Haigh), said, many hon. Members have been in this Chamber and the main Chamber discussing this issue on a number of occasions. I start, as the hon. Member for Easington did, by paying tribute to our police officers and fire and rescue officers across the country for their tireless work in keeping our communities safe. He mentioned in particular Durham’s police and crime commissioner and chief constable.”
“That is a question that the hon. Lady might best put to my right hon. Friend the Minister for Policing and the Fire Service when she next gets the chance. I am conscious that Home Office questions are on Monday, and I am sure that she will take that opportunity. With that, I will say no more.”
“There are a range of complex situations where advisers at the Office of the Immigration Services Commissioner level 1—the level that enables people to support those applying for settled status—will be unable to deal with the complexities that some families will have, because of myriad reasons to do with documentation, trafficking histories, domestic violence and a range of other issues, particularly in families where there is a Zambrano carer. Some issues remain outstanding.”
“That was within the statement of intent for the withdrawal agreement Bill, but I know that the Committee has discussed whether this Bill might be the right avenue for it. Equally, legal aid is a key issue. We welcome the fact that the Government have agreed to provide legal aid for separated children, and we understand that that will extend to EU settlement, but children within families will remain unable to access legal aid.”
“Of course, the working with voluntary organisations in the testing as well as going forward to address the needs of vulnerable groups is really important and welcome. We are currently also working with the Government on looking at children-specific communication—communication aimed at children and young people and their parents and about making sure that as many families and children as possible are able to settle their status. In addition to the 900,000 children I mentioned, the Migration Observatory has also highlighted that 1.2 million EU nationals are adults who are parents. They will have to think about their children’s status or citizenship rights. That is really important. There are things that we believe need to be done to provide safeguards—for instance, a right of appeal in the EU settlement scheme.”
“Q I want to start by welcoming the comments that Ilona made about wanting to work with Government in relation to the White Paper. I also want to talk a little bit about the EU settled status scheme and how it impacts children, and the focus that we have had on vulnerability. I wondered whether you felt that the £9 million that the Government had made available for charities, NGOs and so on to support the vulnerable was enough and whether the Children’s Society was planning on bidding for any of that. Ilona Pinter: We did. Thank you for the question. I think that there has been recognition of the challenge in regularising or settling the status of so many EU nationals. I think the Home Office has done a huge amount to try to make this as simple as possible. I mentioned the fees; getting rid of the fees is really welcome.”
“What I would really like to see, in addition to what you have already done in the White Paper, is going one step further and, in particular, removing the cooling-off period. It still seems to be manifesting itself in the White Paper. I realise what the reason behind the net migration target is—sustainable levels of migration, and so on—but it would be great to see you going one step further and demonstrating that it will be about the brightest and the best in the future, and attracting people who will truly benefit the economy. Cooling off is not serving that purpose; it is making people leave just as they have made an impact.”
“Q I am sorry—I am conscious that we have only a couple of minutes. I think pretty much all the panel talked about simplification of the immigration rules. I think I said on Tuesday that nobody gets any argument from me about the necessity of doing that. Presumably you have all responded to the Law Commission’s consultation, or will do so before it closes. I wonder whether you could give me your top pick of what you would like to see from a simplified system. Jurga McCluskey: I think I already made this point: it is very important that the system addresses both categories of people in the same way. The changes that have been made are very welcome, particularly the resident labour market test, and so on. I have mentioned those points before.”
“Thank you. Can we turn to Mr Berry? We have three minutes. Adrian Berry: Very briefly, write it in plain English and avoid the endless repetition that appears in the immigration rules. Get rid of overly prescriptive rules of evidence, and allow forms of evidence that allow people to show that they substantively satisfy the categories for which they are applying. In terms of the content of the immigration rules, make family reunion rules such that they promote family reunion rather than hinder it.”
“Q You said earlier that you did not think that there was any urgency—I cannot remember at which specific point. Do you not think that 29 March is now somewhat pressing, and perhaps the Government should feel a sense of urgency about, first, ensuring that we address the issue of turning off freedom of movement and, secondly, looking to our future immigration system? Adrian Berry: I was not objecting to clause 1 of the Bill, which switches off free movement. I was saying that you do not need clause 4 and the Henry VIII powers; you can let your colleagues in this room, and in Parliament generally, do their job and make primary legislation in the usual way.”
“Q Except, on immigration, the rules have been the usual way to do it since 1971. Adrian Berry: You have not used the immigration rules to amend primary legislation, and they are statements of Executive policy, not legislation.”
“Q Okay. Mr Valdez-Symonds—your point on simplification. Steve Valdez-Symonds: I agree with all the points that Mr Berry has just made. The one thing that I would add is that those rules have become highly volatile. It is easy to forget that the lack of simplicity for people is not just a one-off experience; people experience those rules through long periods of their lives in the UK, when they come to have to renew their visas or when there are changes that affect their continuing compliance with those rules. I am afraid the rules change many times a year, sometimes with very little notice and with dramatic impacts upon the lives that people have invested in with their families in this country. Something needs to be done to address the certainty that people need to be able to carry on with their lives.”
“Q You both mentioned the anxiety that employers might have regarding somebody’s right to work. Do you regard the digital right-to-work checks as a step forward? Martin Hoare: If employers understand that there is a digital check system, it would be a step forward. The people answering the checks are not infallible. The system is very complicated. If the wrong advice is given, there is no way for an employer to check that. Another aspect I have come across in advising employers is that they cannot determine whether documents are genuine. A digitalised check does not address that properly. Employers find that, notwithstanding having conducted checks, they have unwittingly employed somebody with a document that looks fine when it is checked digitally but that is not fine. The employer then faces criminal sanctions as a result.”
“Q Do you not see the digital right-to-work check as a useful safety net to verify whether documents are genuine? Martin Hoare: I think it is an improvement on nothing, but it is not perfect.”
“Q You said that the EU settled status scheme required people to document every day of their existence in the UK. Martin Hoare: No, I said “if” it did.”
“Q Which, of course, it doesn’t. It requires people to evidence their identity and residence. We have seen from the testing phases that more than 80% of people have been able to do that with no additional documents, just by using their Her Majesty’s Revenue and Customs or Department for Work and Pensions records. Of course, it asks them to declare any criminal convictions. Do you think it is scaremongering a little to say “if” the EU settled status system required people to evidence every day of their existence, when it simply does not. Martin Hoare : The results you refer to indicate that people who have applied have been granted either settled status or less than settled status.”
“Q Pre, not less than. Martin Hoare : Pre, which is less than. It is the same thing. That may be because people cannot document the earliest time in the United Kingdom, because notwithstanding their subjective compliance with employment rules, there are cases where tax and national insurance have not been credited by employers. It is not scaremongering—that is the factual reality for many people.”
“Q You do know that in the first two testing phases, those employers were NHS trusts and universities, don’t you? We like to think that they would have credited the right amount of tax. Martin Hoare : I accept that entirely, but that is not the point. The point is that it will extend to all employment in the United Kingdom.”
“Q It absolutely will. Martin Hoare : And in the scheme that has existed so far, there have been cases where people have paid tax and national insurance to their employer but it has not been credited. That has been a problem. Secondly, the results that have come back to the Home Office on tax and national insurance records are different from the results that people have obtained by their own freedom of information inquiries with the Revenue.”