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 Government are very appreciative of the work that has been going on with Commonwealth high commissioners, among others, to make sure that those who have been affected have been correctly identified. When people have subsequently passed away, our sympathies and condolences, of course, are with their families. My right hon. Friend the Home Secretary has written not only to those affected but to the families of those who have passed away. The hon. Lady is right that a wrong was done, and the Government are determined to right that wrong, but I point out to her that a good number of these people were removed prior to 2010.”
“There have been a number of reports from those who have found the process easy, and thousands have been granted not only documentation but citizenship.”
“The hon. Lady raises a really important point about people who might be afraid to come forward. We have given a clear assurance that no information provided to the Windrush taskforce will be passed to immigration enforcement and we will work extremely hard to assist all those with partial information to demonstrate their time in the UK. Martin Forde QC, the independent consultant for the compensation scheme, has been working hard with outreach programmes, which are an important part of the process. The Windrush taskforce has held a number of surgeries up and down the country, reaching out to members of the Caribbean communities to engender confidence. Some of the best advocates for the Windrush taskforce are those who have been through it successfully.”
“I thank the hon. Lady for drawing that to my attention. The Windrush taskforce has been working proactively with local authorities, housing providers and the third sector so that those in hardship are put in touch with the correct agencies to make sure that they are receiving the benefits to which they are entitled. If she gives me individual information after this urgent question, I shall be very happy to take it away.”
“When we first became aware of the scale of the Windrush problem, I chaired a ministerial meeting across Government, and the Minister from the Department for Work and Pensions was one of the most proactive Ministers there and determined to make sure that the DWP regarded somebody as eligible if they had an appointment with the Windrush taskforce. That important work continues at an official level. The hon. Lady has raised an individual case. She will have heard me say earlier that the consultation on the compensation scheme closes on 11 October, and we will bring forward a scheme as soon as possible after that, but we are also working with third sector organisations to make sure that advice and support is available for people.”
“I point out to the hon. Gentleman that we have been generous in granting citizenship rights and have been determined, as I said a few moments ago, to find reasons to grant, not reasons to refuse. As I have said, the public consultation on the compensation scheme closes on 11 October, but I urge him to encourage all his constituents who may have been affected to take part in that consultation so that their voices can be heard.”
“The hon. Gentleman is indeed leading a debate later this afternoon about English language testing. We are very conscious that there was significant fraud. Many thousands of cases were found to have been fraudulent and many colleges not only closed as a result but were bogus colleges that we had already identified problems with. Where there is systemic fraud and abuse in the immigration system, as we saw with some language testing, it is important that the Government take action, and he will be aware that successive court cases have upheld our position.”
“As the hon. Lady will have heard me say, the Home Secretary has already reached out to individuals impacted and the families of those who have passed away to offer his personal apology. They will of course be entitled to apply to the compensation scheme when that is open.”
“I would like to reassure the hon. Lady on this point. Her constituent’s case was one of those clearly highlighted, of course, and I was pleased that I was able to offer my personal apology to Paulette Wilson. It is imperative that we get the compensation scheme up and running as soon as possible, and I am determined to do that.”
“The hon. Gentleman will be aware that the Government suspended the proactive sharing between Departments of data relating to those over 30 in the context of the compliant environment. It is important for us to ensure that we have a suite of policies that enable us to take action and correctly identify those who have no right to be here, but it is equally important for us to take the appropriate steps when we identify people who have a right to be here. As the hon. Gentleman will have heard earlier from the Minister for Europe and the Americas, my right hon. Friend the Member for Rutland and Melton (Sir Alan Duncan), our policy on the Chagos islanders is long-standing. I have listened carefully to what has been said by both the hon. Gentleman and the hon. Member for Glasgow North (Patrick Grady).”
“That is an important aspect: individuals should be able to contribute to the lessons learned review, and in many cases it is the personal stories that are most compelling. The Alex Allan review was, of course, an internal review commissioned by the permanent secretary at the Home Office. An executive summary was shared with the House, but the Home Secretary is currently considering whether a redacted version of the report can be published.”
“As I have just said, and as the hon. Gentleman has pointed out, the Home Secretary is currently considering this matter, and I would expect him, rather than me, to come forward with a decision.”
“It will be accessible by computer, tablet or smartphone, with clear guidance every step of the way. EU citizens’ facial photographs will therefore be captured digitally as part of the application process. Those non-EU family members who do not already hold a biometric residence card will need to attend one of our application centres to enrol their fingerprints and facial image. Approval of the draft regulations is an important step in getting the EU settlement scheme up and running. I commend the regulations to the Committee.”
“As is also currently the case in the immigration system, non-EU family members applying under the scheme will be required to enrol their fingerprints, unless they already hold a biometric residence card. Recording biometric data and biographical information is important because we can confirm a person’s biographical details and fix them to their unique biometric identifiers, establishing a reliable link between holders and their status. That also allows us to check against existing records to ensure that the person who applies is not known to the police by another identity. I would like to take this opportunity to reiterate that the EU settlement scheme will deliver on our commitments to administer a straightforward process. We are designing the online application form so that it is short, simple and user-friendly.”
“EU citizens will need to meet three core criteria to be granted status under the EU settlement scheme: proving their identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. The draft regulations form part of the legislative underpinning for that scheme. As is currently the case with applications for documents under EU law, the draft regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application for status under the settlement scheme. We need that to check their identity and to confirm that the passport or ID card that they have provided belongs to that person, which will help us to identify and to deter any fraudulent application, and to process applications as quickly as possible.”
“I beg to move, That the Committee has considered the draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018. It is a pleasure to serve under your chairmanship, Sir Christopher. This draft statutory instrument was laid before Parliament on 2 July. On 21 June we published a statement of intent and I made a statement to the House on the European Union settlement scheme. The statement of intent sets out details of how EU citizens and their family members will be able to obtain settled status in the UK. It also sets out how the process will be straightforward and streamlined, and that we will support applicants to get the right outcome.”
“As I set out in my opening remarks, and as I told the House on 21 June, the EU settlement scheme will enable EU citizens and their family members to obtain settled status. We will ensure that there are assisted digital services to enable applicants to complete their applications online, where there are technology or access barriers. UK Visas and Immigration already has an assisted digital service to help the most vulnerable.”
“I thank the Whip for that question. UKVI staff already travel to individual applicants’ houses in some instances to assist them through the process, but we are hoping to roll this out to a range of other stakeholders, including organisations such as Citizens Advice and Age Concern, which have participated constructively in the various user groups that we have already set up.”
“We will retain biometric information only as long as its retention is necessary in connection with an immigration or nationality purpose, and we will normally delete fingerprints 10 years after any leave lapses, unless the person is considered to be a threat of high harm to the UK, in which case we will retain them indefinitely.”
“It will be voluntary while EU citizens and family members exercise their free movement rights. Children under the age of five will not need to provide fingerprints, but we need to take photographs so that children are protected and do not face difficulty evidencing their stay in the UK. It is for other member states to determine the rights of UK nationals living in the EU, but we are proactively engaging with them to encourage their preparations, alongside our detailed preparations. There is no requirement for comprehensive sickness insurance under the scheme, and that is not a matter for these regulations. Biometrics will be used and shared only in accordance with the law, which will mainly be for law enforcement purposes or as specified in the regulations as amended. That does not include sharing biometric data with commercial partners.”
“We currently require a facial photograph as part of applications for documents issued under EU law, such as registration certificates and residence cards. As is currently the case across the immigration system, non-EU citizen family members who apply under the scheme will also be required to enrol their fingerprints, unless they already hold a biometric residence card. Recording biometric data and biographical information is important because it enables us to confirm and fix a person’s details to their unique identifiers, and establishes a reliable link between the holder and their status. It also allows us to check against existing records to ensure that the applicant is not known to the police by another identity. The withdrawal agreement permits the UK to open the scheme before we exit next March.”
“Where possible, we will do that automatically using employment and benefit records, but applicants will also be able to provide a range of supporting evidence and we will work flexibly with them to help them to evidence their continuous residence. Thirdly, we will check that the applicant is not a serious or persistent criminal and does not pose a security threat. That is absolutely the right thing to do to protect everyone who lives in the UK. It will not affect the overwhelming majority of EU citizens and their family members. The biometric regulations will enable us to require EU citizens and their family members to provide a facial photograph as part of their application, which we need to confirm their identity by comparing it with the photograph in their identity document, so as to be satisfied that they are one and the same person.”
“EU citizens will need to meet three core criteria to be granted status under the scheme: proving identity, showing that they are resident in the UK, and declaring whether they have any criminal convictions. Collecting biographical information and secure biometric data about applicants is critical to that process. For those who wish to complete the application entirely online, an app will allow EU citizens to confirm the relevant details remotely on their mobile phone or tablet, or at a location established for them to use the app or be helped to do so. Alternatively, they will be able to send their identity document by post, and a dedicated team will check it and return it without delay. Secondly, we will establish that the applicant is resident in the UK and, where appropriate, their family relationship to an eligible EU citizen.”
“The hon. Gentleman makes an important point about support to local authorities and to Citizens Advice. We are not seeking to add burdens to those organisations that already provide great service to our constituents. As I said, EU citizens and their family members who can provide evidence that they have lived here continuously for five years will be eligible for settled status. Those who have lived here for less than five years will generally be granted pre-settled status and be able to apply for settled status once they reach the five-year point. Alongside the immigration rules and fees regulations that I will lay before Parliament shortly, the regulations that we have debated today will provide the legislative underpinning for an important scheme that I am sure all Members will agree we need to open as soon as possible.”
“The hon. Gentleman makes an important point about those Commonwealth citizens who have been affected by issues related to Windrush. The key issue for the Windrush generation is that they did not have documentation to evidence their legal immigration status, which is why it is so crucial that EU citizens and their family members apply under this scheme, so that they will be able to evidence their status in future. We have engaged comprehensively with stakeholders throughout the process.”
“That matter was comprehensively examined last week in front of the Exiting the European Union Committee. It is clear that the fee was agreed with the EU when we were conducting the citizens’ rights part of the withdrawal negotiations and, with a process that will take three years to complete, I absolutely expect that the average family will be able to save up the amount required.”
“For absolute clarity, the regulations allow for the collection of fingerprints from the non-EU family members of EU citizens. We will not collect fingerprints from EU citizens. We have engaged with EU citizens at every stage of the development process, and will continue to do so. We recently set up a user group specifically for vulnerable users, which has enabled us to draw on important and useful information from organisations such as Age UK. We will continue to expand our communications to ensure that EU citizens are aware of the scheme, how it will operate and what information they will need to provide, and that they are reassured that they will have plenty of time to apply for their new UK immigration status. The issue of fees was raised.”
“An adult fee is £65, which is the same amount as the current fee for a permanent residence document. Of course, permanent residence is a status conferred under EU and not UK law, and it will lapse after we have exited the EU. For children it will be £32.50, and for children in care there will be no fee.”
“I thank my hon. Friend for his question. He is, of course, right: we want to crack on with this. To me it is important that we get the settled status scheme up and running, so that the EU citizens who have contributed so much to our community and our economy have the ability to confirm their status without further delay. I therefore hope that the Committee will approve the regulations. Question put.”
“The UKVI contact centre has set contractual targets for the commercial partner that delivers contact-centre services on its behalf. The achievement of those targets is monitored daily through the service-management team, to assure achievement. The team holds formal board review meetings monthly to review performance against the set key performance indicators.”
“It is important to note that service standards are met in the vast majority of cases. If applications are not straightforward, we do not set a service standard, because we think it is right that applications should be considered thoroughly and in detail.”
“UKVI issues 2.7 million visas every single year and, as I said, the vast majority are done within our service standards. I am happy to look into my right hon. Friend’s point, because in a Britain that is outward-looking, global and open for business, it is important that visas are issued efficiently.”
“The quality of decision making is of course important. We work closely with our caseworkers to make sure that they have the right level of training. In many instances, we sit senior caseworkers with those who are more junior, until such time as they can be confident in the decisions that they make.”
“There is of course a mixture of resources. As we heard from my right hon. Friend the Home Secretary, the fees that are levied for the UKVI service make a contribution towards the cost of that service and towards the wider border costs in general. It is important that we have the right number of staff and that they work efficiently, and we are taking steps to ensure that that is the case.”
“Although I cannot comment on individual cases, the right hon. Lady has, of course, pointed to a case that was started in 2005 under a previous Labour Administration. I am sure that she will be pleased to hear— [Interruption.] She can shout at me from a sedentary position, but I am sure that she will be pleased to hear that, at a recent away day for border and immigration staff, I made it very clear that one of my highest priorities is making sure that responses to Members of Parliament and the public are of the highest priority so that we see prompt responses.”
“The Home Office reviews all immigration and nationality fees annually, with any changes normally implemented in April each year. We currently have no agreed plans to change fee levels, but the process for considering whether any changes are necessary commences in the summer and parliamentary approval has to be gained before any changes are made.”
“I thank the hon. Gentleman for his question. I am of course alive to the points made at recent Home Affairs Committee meetings and in the recent Lords debate on child citizenship fees. In due course, I will also consider the findings of the scheduled review by the independent chief inspector of borders and immigration.”
“I thank my hon. Friend for his question. He will of course have heard me say that fees are reviewed annually, and we will continue with that policy. He is right, however, to point out that we will still seek to attract the brightest and best, and our future immigration Bill will set out exactly how we intend to do that.”
“I was not present at that meeting, so I cannot comment on that specific case, but I am very conscious that Her Majesty’s Passport Office and UKVI work very hard to ensure that we deliver within service standards. Where fees are looked at and there is a genuine case for a refund, we do make refunds.”
“Of course, the lessons learned review that is commencing into Windrush will be an important opportunity for us to review all practices across UKVI and ensure that such an appalling scandal cannot happen again. My hon. Friend will have heard comments about reviews of fees, which happen annually, but I point out that we passed primary legislation in 2014 that allows the Home Office to charge fees that not only recover the cost of individual applications but contribute to the whole borders and immigration system, thus helping to secure our borders and ensure that we are safe.”
“The welfare and safeguarding of children is at the heart of the family returns process, and our policy is clear that we do all we can to keep families together. Other than in exceptional circumstances, a child will not be separated from both parents for immigration purposes. Detention is used sparingly, for the purposes of public protection and removal. We encourage those with no right to remain in the UK to leave voluntarily, and all detainees have the right to bail, which is decided by a judge.”
“In the case raised by the hon. Lady, the Home Office acknowledged its mistakes and indeed paid compensation. It is worth remembering that more than 1,000 children went into detention in 2009, whereas only 44 did so in the last year for which figures are available. The Home Office has taken significant steps to ensure that children are not detained with their parents, and they can be in an immigration removal centre only when they can be removed within 72 hours.”
“There is clear and published guidance on how a family unit may be defined, and on the separation of individuals from their family group for immigration reasons. Cases may involve pre-existing separation of family units for non-immigration reasons. For instance, in the case of foreign criminals, children might already have been taken into care when the individual received a custodial sentence.”
“The hon. Gentleman will have heard me say that some cases might involve pre-existing separation. As I have highlighted, back in 2009 there were more than 1,000 children in detention, and that number has now been reduced to 44. The Home Office has acknowledged the mistakes that were made in the case he mentioned, but it is important to reflect on the role that detention plays in ensuring that those who have no right to be here and no right to our public services are removed in a timely manner.”
“There is no set time, as each case progresses on its own merits. Wherever possible, we afford people the opportunity to arrange a voluntary return to their country of origin. If someone does not comply with our directions to leave the UK, we will pursue an enforced removal. Again, timescales will depend on individual circumstances.”
“My hon. Friend is of course absolutely right to point out how important it is that we distinguish between people who settle here legally and those who are here illegally. It is vital that the compliant environment protects vulnerable people and that appropriate safeguards are built into the measures. We remain committed to tackling illegal immigration and to encouraging compliance with our rules and laws.”
“The hon. Gentleman is absolutely wrong in the final part of his question. It is important that UK Visas and Immigration continues to work to establish people’s right to be here on a fair and humane basis. The Home Office is absolutely committed to making sure that we consider each case on its own merits.”
“The UK Government value the role of faith in public life in the UK, and protecting religious freedom abroad is important, including in achieving the UK’s vision of a more secure and prosperous United Kingdom with its overseas partners. Within UK Visas and Immigration asylum casework, we continue to engage a range of faith groups to improve our policy guidance and training provided to decision makers, so that we approach claims involving religious persecution and conversion to a particular faith in the appropriate way.”
“When it comes to visitor visas, it is of course important that each case is decided on its own merits, but my hon. Friend makes an excellent point. I am very happy to work with him, so that there can be better training for visa caseworkers so that they understand the specific points he makes about those from religious communities who may have taken a particular vow of poverty.”
“The hon. Gentleman will be aware that when detention is being considered every case must now go through a single detention gatekeeper, but I will undertake to look very closely at the case he raises. Our adults at risk policy, which Stephen Shaw recently reviewed, will be part of the response that the Home Secretary will bring forward before the recess.”