Motion to Disapprove

Part of Statement of Changes in Immigration Rules (Cm 7944) – in the House of Lords at 8:30 pm on 25 October 2010.

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Photo of Baroness Neville-Jones Baroness Neville-Jones Minister of State (Home Office) (Security) 8:30, 25 October 2010

We have had a very interesting debate. I thank the noble Lords, Lord Hunt and Lord Avebury, for their flexibility in agreeing to debate their Motions together. A large number of points have been raised and I will do my best to deal with the issues to which they give rise.

The Motions before us deal with two distinct subjects: the introduction of an interim limit for applications under tiers 1 and 2 of the points-based system, which is covered by the Motion of the noble Lord, Lord Hunt; and a number of other amendments to the Immigration Rules, particularly on asylum seekers and refugees, which are addressed by the noble Lord, Lord Avebury. I will deal with those in turn, starting with the Motion of the noble Lord, Lord Hunt.

The Government certainly believe that the UK can benefit from migration-on this point there is no difference between us and many Members of your Lordships' House-but equally we do not think that the UK benefits from uncontrolled immigration. That is the purpose of the cap. At the same time, we will ensure that policy is implemented in a way that ensures that Britain remains open for business, and that we continue to attract and retain the brightest and best people who will make a real difference to our economic growth. However, we must recognise that in some towns immigration places unacceptable pressures on public services. The House will be aware that public concern has risen in line with the increased levels of migration over the past 15 years. This is obviously why our predecessors in office began a policy of limitation.

At the same time, we must ensure that those people coming here to work or study will really benefit from it, and will in turn benefit our economy. The figures show that while we may have been open, we have not necessarily been attracting those who could make that real difference. I will give an example. We know from recent research that up to 30 per cent of migrants who came here under tier 1-the highly skilled tier-did not take skilled work. Some of the work that they did was pretty unskilled. We cannot let this kind of uncontrolled migration and abuse of policy continue unchecked in this way.

I think the House will agree that it is clear that migration can certainly increase the size of the population and therefore the economy. I say to my noble friend Lord Lucas that we share his considerable preoccupation with not damaging the economic prospects of this country. Indeed, our aim is, for example, to increase the number of investors and entrepreneurs who come to this country. The previous Government succeeded in getting a rather low number of people in this category-in the low hundreds-to come to this country. We certainly want to increase the UK's attractiveness to net-high-worth individuals, and that involves creating many other things concerned with the attractiveness of our economy beyond immigration policy. Finally, for clarity, I say to my noble friend Lord Lucas that students do not come under the interim cap. Therefore, if individuals have been experiencing difficulties, the delays must relate to other problems concerning their visas and not to the interim cap on immigration.

As noble Lords opposite have noticed, the pressures on the economy and on social services are real, as the noble Lord, Lord Hunt, specifically acknowledged. We have to bear in mind that, alongside the economic considerations that I have just mentioned, there are social considerations, which hit some communities very hard. Therefore, it is not quite right to say that introducing a policy designed to bring down the immigration levels, as we intend to do, is purely populist-driven; it reflects real needs and real pressures in communities that we have to look after.

The House of Lords Select Committee on Economic Affairs produced a report in 2008 on the economic impact of immigration. It pointed out that economic benefits depend critically on the skill levels of migrants. Returning to the point about pressures, we therefore need to be certain that we attract those with the key skills that we need. In that context, we believe that the bar is set too low and that it cannot be right, for example, for the current system to allow in people claiming to be fried chicken chefs and restaurant managers when there are 2.5 million unemployed people in this country who could fill those jobs.

The coalition programme states that we will introduce a cap on non-EU economic migration and reduce the number of non-EU immigrants. Specifically, we will introduce an annual limit on the number of non-EEA economic migrants admitted to live and work in the UK, and we will introduce new measures to minimise abuse of the immigration system-for example, via student routes. This is the purpose of the policy and, as the House is well aware, the process has begun. However, no decisions-and I mean no decisions-have been taken on the final shape of the policy or the level of the limit. We are consulting. We expect to make an announcement towards the end of the year and intend to implement the full limit by April next year.

I turn for a moment to parliamentary scrutiny. Interim measures were announced by the Secretary of State in a Statement to Parliament on 28 June this year. In that Statement, she confirmed the Government's intention to limit non-EEA economic migration. At the same time, she launched a public consultation exercise concerning the method by which the limit and levels of reduction should be achieved. She also asked for advice from the Migration Advisory Committee, which assesses need, as to the level at which the limit should be set for the year commencing April 2011, and she announced, as we are debating now, a series of interim measures to apply during the period from her Statement to 31 March 2011. The interim measures apply to tier 1, the highly skilled migrant route, and to tier 2, the route for skilled workers with a job offer, under the points-based system. They include-I make no bones about this-raising the pass mark for tier 1 and the introduction of a limit on both tier 1 general and tier 2 general.

The interim measures were implemented following statements of changes in the Immigration Rules laid before Parliament on 28 June 2010 and 15 July 2010 respectively. Statement of Changes in Immigration Rules HC 59 implemented the tier 1 interim limit, by setting out that the granting of tier 1 general applications be subjected to a limit; for that limit to be administered during regular allocation periods-I shall return to that in a moment; and for applications in excess of that limit to be carried over to the next, and any subsequent, allocation period. That is in the interests of flexibility. Statement of Changes in Immigration Rules HC 96 adds a reference to our intention to limit the allocation of certificates of sponsorship to sponsoring employers, in order to implement and operate the tier 2 interim limit.

Questions were asked about the principles used to decide what is in the rules and what is in UKBA guidance. I set that out so that noble Lords can see the picture. The answer is that Section 3(2) of the 1971 Act requires that substantive requirements regulating the entry into or stay in the UK of individuals subject to immigration control must be laid before Parliament. Therefore, any substantive, as opposed to procedural or evidential requirement, that an applicant needs to meet must be set out in the Immigration Rules. I return to the way in which we are trying to implement that because I think this guidance is fairly clear. We introduced an interim limit to prevent a surge in applications before we introduce our permanent limits in April 2011, which would have led to an increase in net migration, undermining the purpose of the limit and putting undue strain on the UK Border Agency.

As the House is aware, the interim limit also set a reduction in numbers of 5 per cent, compared to the same period in the previous year; that is a reduction of 1,300, which is a relatively small number. For the interim limit, which for tier 1 is set at 5,400, we did not include the level of the limit in the Immigration Rules laid before Parliament in order to give the Government additional flexibility in implementation. Noble Lords opposite have commented on that and, at the same time, they have asked for flexibility in the operation of the system. The effect of the noble Lord's Amendment would be to reduce that flexibility. He also wanted confirmation of whether we had ceased issuing certificates in October. That is the case, but we shall start again on 1 November; part of the flexibility of the system which is in operation now is that we are able to do that on a monthly basis. It acts to the benefit of migrants because we are able to carry over any limit allowance not used each month to the next month. This limit applies to main applicants and does not-I repeat not-apply to their family members or dependents.

A point was made about confirmation, but we reached the tier 1 limit only last week. We are still accepting applications so that on 1 November those who are in the pipeline will be able to get their applications granted. We do not stop the system moving; we move the granting of the applications into the next month.

The Government are committed to ensuring that the decisions of substance are announced to the House in the first instance. I have to make an apology. As the House knows, we regard it as regrettable that the Government's announcement on 28 June was released to the press before it was announced in the House. The Home Secretary, in a Statement on 30 June, made it clear that that will not happen again.

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