argyrotsipi/train-dataset huggingface dataset:
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-09-30
Topic: Immigration
Howard Emerson Flight (Conservative, Centre-right): The purpose of the amendment is to ensure that the power created by this clause can be used only in ways which are consistent with the UK’s obligations under the UK-EU withdrawal agreement. Clause 4(2) enables regulations to be made to amend earlier primary legislation. The UK-EU withdrawal agreement is incorporated in UK law by the European Union (Withdrawal) Act 2018, as amended. It follows that, as drafted, the Clause 4 power enables the Secretary of State by regulation to modify the application in the UK of the withdrawal agreement The withdrawal agreement is the vital underpinning of the rights created in UK law for UK citizens living in the EU and EU citizens living here. It is a matter of constitutional concern that it should be given the maximum possible legal protection. As regards immigration, it underpins the UK’s EU settlement scheme for EU citizens in the UK. It is therefore essential both for EU citizens in the UK and for British nationals in the EU that the withdrawal agreement remains sacrosanct It will no doubt be said that a UK Government would never act in breach of an international treaty. Be that as it may, Clause 1, enabling legislation, should never be drafted in such broad terms that this could happen. On Clause 2, where proposed legislation might be seen as a breach of the withdrawal agreement, the decision on whether it does in fact do so should be a matter for Parliament to consider properly through primary legislation Given the complexity of immigration legislation in the UK, without the amendment it is also possible that a regulation may be entirely unwittingly in breach of the agreement but that that inconsistency is not spotted. There is no downside to our proposed amendment. It does no more and no less than ensure that the withdrawal agreement is honoured.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-09-30
Topic: Mixed Topics
Stephen Parkinson (Conservative, Centre-right): I thank the noble Baroness, Lady Hamwee, for speaking to Amendment 12, which as she said was previously tabled in Committee, and my noble friend Lord Flight and the noble Lord, Lord Rosser, for speaking in this short debate on it Amendment 12 seeks to prevent the Government using the power in Clause 4 to make regulations which are inconsistent with the EU withdrawal agreement. The Government have placed a very high priority on ensuring the protection of the rights of EU citizens who have made the United Kingdom their home. Our commitment is, I hope, evident in the effort and resources that we have already devoted to the EU settlement scheme. I am happy to restate that the Government have absolutely no intention of acting incompatibly with the citizens’ rights provisions of the withdrawal agreements As has been explained, we already have a legal obligation to comply with those agreements, which also have direct effect in domestic law in accordance with the European Union (Withdrawal Agreement) Act 2020. If further reassurances were needed—and it sounded as if noble Lords wanted some—a formal independent monitoring body is being set up by the Ministry of Justice under Article 159 of the EU withdrawal agreement to ensure compliance by the UK with Part Two of the withdrawal agreement concerning citizens’ rights The Independent Monitoring Authority has been established under Section 15 of the European Union (Withdrawal Agreement) Act 2020. It will be a new, independent body which is fully capable of monitoring our domestic implementation and application of the citizens’ rights aspects of the agreements. It can launch inquiries, receive complaints and bring legal action to identify any breaches in how the agreements are being implemented or applied in the UK For these reasons, we continue to think that this amendment is unnecessary. Moreover, adopting it would call into question why this restriction has not been included in every other item of legislation across the statute book. For these reasons, I hope the noble Baroness will feel able to withdraw her amendment.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-09-30
Topic: Immigration
Alexander Scrymgeour (Conservative, Centre-right): My Lords, as the noble Lord, Lord Dubs, has just explained, the amendment would ensure that children in care were entitled to remain in the United Kingdom When the same amendment was debated in Committee, several of your Lordships emphasised that post Brexit it is both logical and necessary for children who are already in care, along with those entitled to care, to be able to stay in the United Kingdom, for otherwise where would these children go? Nor, of course, can it be in the child’s best interest to be removed from care in the United Kingdom simply because we are leaving the European Union. Equally, under our own law and that of the United Nations Convention on the Rights of the Child, we are obliged to look after the child’s best interest in all respects. In Committee, my noble friend the Minister affirmed that this is what we will do However, the Government are concerned that post Brexit an automatic right to remain in care in the United Kingdom would encourage local authorities not to apply for leave to remain for each child currently in their care Yet surely local authorities providing care to EEA and Swiss children ought not to have to face the additional administrative burden and red tape implied—to have to make an application for leave to remain for each and every child before the given deadline Would it not be much better and far less time consuming if, rather than dealing with the majority of cases, local authorities instead had to deal with only very few of them? Those are the cases where it might not be in the child’s best interest to remain in the United Kingdom. For the latter cases, an administrative act could easily be made before the given deadline in order to avoid the automatic or de jure leave to remain after having left the European Union Therefore, without the amendment, local authorities would have to shoulder an unnecessary burden just at a moment when they had many other pressing tasks to perform Yet, at the same time, acceptance of the amendment means that children currently in care would no longer be uncertain about their future care if, for whatever reason, local authorities should not be able to meet the deadline for an application for leave to remain Worse still, without the amendment there is also a risk that, after the given deadline will have passed, some children might then be deported For these reasons, I hope that my noble friend will accept what the noble Lord, Lord Dubs, proposes.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-09-30
Topic: Immigration
Susan Williams (Conservative, Centre-right): The noble Lord will appreciate that an application to the EU settlement scheme is an application, with a result of settled status being either confirmed or not. A declaratory scheme confers a deemed leave on a sort of blanket basis, as opposed to each individual applying to the scheme. Therefore, children in years to come might have to prove that they were in the scope of that declaratory scheme; that is what I mean. We are not seeking different ends in this; we are just talking about different ways of going about it. I am trying to explain why an actual application is a more secure way of going about it.
EU Exit: Negotiations and the Joint Committee — House of Lords, 2020-10-21
Topic: Mixed Topics
Nicholas True (Conservative, Centre-right): My Lords, I regret that I am not advised on the advisers to DIT; I apologise to the House for that, I was not anticipating that question. I cannot comment on whether they are so-called arch-Brexiteers, but I will respond to the noble Viscount’s question in writing.
EU Exit: Negotiations and the Joint Committee — House of Lords, 2020-10-21
Topic: Mixed Topics
Nicholas True (Conservative, Centre-right): My Lords, that is a false characterisation of Part 5 of the internal market Bill. The Government are not subverting the Northern Ireland protocol; we are acting to implement it. The Government’s proposal, which your Lordships will have to discuss—I do not want to repeat the discussions we had yesterday—is that in certain circumstances we might have to protect our union against interference with free movement in the customs territory. On the joint committee proposals, the statement referred to the meeting that took place recently and the fact that another meeting will take place in November. The record of this Government on citizens’ rights for EU nationals has been outstanding and generous; we and, I understand, the Commission are pressing all member states to reciprocate. I hope very much that that will be the case.
EU Exit: Negotiations and the Joint Committee — House of Lords, 2020-10-21
Topic: Mixed Topics
Nicholas True (Conservative, Centre-right): My Lords, we are more hopeful. The position on third-country listing was extraordinarily disappointing. The statements and threats made in that respect were unacceptable. Goods at risk is an area of discussion in the appropriate committee. I will not foresee the outcome of those discussions.
Pension Protection Fund (Moratorium and Arrangements and Reconstructions for Companies in Financial Difficulty) (Amendment and Revocation) Regulations 2020 — House of Lords, 2020-10-21
Topic: Mixed Topics
Patience Wheatcroft (Conservative, Centre-right): My Lords, I welcome the regulations and thank the noble Baroness for introducing them. It is right that they are now extended to cover co-operatives, friendly societies and other community purpose efforts. There will be many more occasions on which we need these regulations. I share the concerns of the noble Lord, Lord Loomba, that the PPF, which is doing a brilliant job so far, will come under increasing strain. As others have said, I would appreciate a reassurance that the PPF has not only the funds but the staffing to cope with the increased demands that are bound to be made on it as more and more companies, community organisations and co-operatives are hit by the difficulties and effects caused by Covid More broadly, when companies and organisations start to negotiate a moratorium and then a restructuring, there is always a need for trade-offs, as the noble Baroness, Lady Drake, suggested. My concern is that the trustees in many of those organisations are not sufficiently of a calibre to properly negotiate holding the line against owners and directors of businesses, who tend to drive for a solution that will benefit them and not the pension fund. I should therefore be grateful if the Minister reassured me on what we were doing to enhance the calibre of such trustees. Their responsibilities are great but their training is not.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): I was very politely waiting to be asked, then the noble Lord, Lord Rosser, came in. Shall we start again My Lords, with the leave of the House, I will turn to Motion A, Amendment 1, and Amendment 1B in lieu, proposed by the noble Lord, Lord Rosser, which would require the Secretary of State to publish an independent report on the impacts of ending free movement on the social care sector. I start by acknowledging the work of noble Lords in the scrutiny of this important Bill, which ends free movement between the EU and the UK, and the passion and commitment with which your Lordships have spoken on a number of issues. We have debated many issues, and although there are some areas on which we may still disagree, I always come back to the focus of this Bill: ending free movement and delivering on the Government’s manifesto commitment to introduce a firmer, fairer points-based immigration system Amendment 1B requires the Secretary of State to publish the response to the independent assessment within two months of publication and make a statement to Parliament within seven sitting days of publishing the response. I recognise the good intentions behind Amendment 1, but the other place disagreed to it because independent reporting already exists in this area through Skills for Care and the Migration Advisory Committee. The Government remain committed to improving social care, focusing on increased funding and training opportunities and improved recruitment practices. I will reflect further on a few related points.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): I thank all noble Lords who have spoken. I start with the noble Lord, Lord Rosser, who rightly points out that the Commons did not divide on this matter on Monday. We should remind ourselves that the British people voted to leave the EU in 2016; we are now four years on from that point I will answer the noble Baroness, Lady Hamwee: of course we keep all legislation and policy under review, and we are assisted by MAC in that endeavour. We recognise that UK nationals who moved to the EU expected free movement rights to continue. That is why we have provided for these transitional arrangements, but we have to be fair to other UK nationals whether they live overseas, beyond the EU, or in the UK. The UK family Immigration Rules reflect the public interest in preventing burdens on the taxpayer and promoting integration. UK nationals protected by the withdrawal agreement because they are living in the EEA before the end of the transition period do, of course, have lifetime rights to be joined in their host state by existing close family members. This mirrors the rights of EEA citizens living in the UK by then The noble Baroness, Lady Ludford, challenged me about the date of 29 March 2022 being arbitrary. It represents three years after the date when the UK was originally supposed to leave the EU. For me, it strikes the right balance between providing sufficient time for UK nationals and their family members living in the EEA or Switzerland to make decisions and plans for returning to the UK, and ensuring equal treatment of the family members of UK nationals under the Immigration Rules as soon as reasonably possible, once free movement to the UK has ended.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): I thank noble Lords for their comments. The noble Baroness, Lady Hamwee, initially challenged me on what the Government have to lose. It is not really about what the Government have to lose; it is a demonstration that, throughout this process, we have constantly articulated just what the Government are doing to ensure that children in care, or other vulnerable people, are able to register for the EU settlement scheme. We have put in quite a lot of resource to ensure that that happens. We have increased the number of organisations helping in this regard from 57 to 72 and we will put significant funding in place to ensure that people eligible to apply do so The noble Baroness, Lady Hamwee, said that we are acting as though all detainees are offenders, and the noble Lord, Lord Kennedy, talked about the number of people detained who are vulnerable. In fact, a snapshot of offenders from the EU detained at the end of March 2020 found that if a 28-day time limit were in place, we would have been required to release into the community 166 foreign national offenders being held under immigration powers to effect their deportation. Of these offenders, 35 had committed very serious crimes, including murder, rape, offences against children and other serious sexual or violent offences. There is no indefinite detention, but it is necessary sometimes to keep people detained, particularly serious offenders and those frustrating their removal.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, Lords Amendment 4 and Amendment 4B in lieu, tabled by the noble Lord, Lord Dubs, relate to family reunion and unaccompanied asylum-seeking children. I ask noble Lords to note that the other place highlighted that Lords Amendment 4 would engage financial privilege. Amendment 4B in lieu would remove the previous restriction on charging a fee for applications for leave to enter under the proposed new route; however, there remain a number of costs with this amendment. These relate to family reunion applications—not just the cost of processing the application but the cost of providing asylum support and accommodation for asylum seekers awaiting a decision on their claim. Clearly those costs could not and should not be recouped via an application fee Turning to the substance of the amendment, we had many interventions on this issue on Report and I confirm the Government’s commitment to the principle of family unity and to supporting vulnerable children—we take their well-being very seriously. We have a proud record of providing safety to those who need it, through our asylum system and world-leading resettlement schemes. We have granted protection and other leave to more than 44,000 children seeking protection since 2010. The UK continues to be one of the highest recipients of asylum claims from unaccompanied children across Europe: we received more claims than any EU member state in 2019, and 20% of all claims made in the EU and UK We have made a credible and serious offer to the EU on new arrangements for the family reunion of unaccompanied asylum-seeking children. It remains our goal to negotiate such an arrangement. I reaffirm my commitment to further constructive engagement to identify ways to level up access to safe and legal work pathways for talented displaced persons. I once again thank the right reverend Prelate the Bishop of Durham and Talent Beyond Borders for discussing this with us and I look forward to continuing to work together to attract the best and brightest talent to the UK, regardless of background. Furthermore, as the Home Secretary made clear in her speech at the Conservative Party conference, safe and legal routes are a core part of our proposed reforms to the asylum system to ensure that it is both fair and firm I therefore ask the noble Lord, Lord Dubs, not to insist on his amendment, or to divide the House on Amendment 4B in lieu. I beg to move Motion D1 (as an amendment to Motion D)
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, I thank all noble Lords who have spoken in this debate and particularly the noble Lord, Lord Dubs, who makes this plea so genuinely and passionately. I hope, at this late stage, he might consider withdrawing his amendment to the Motion when he hears what I am going to say. First of all, we do not just use financial privilege for child refugees. That is not the case at all, but I think he knows that. The wording— "trusting that this Reason may be deemed sufficient"— is standard parlance I say to the noble Baroness, Lady Meacher, in response to her question, that it is true that the state does not have to fund children who are living with relatives, although, of course, it is different for children who are living in local authority care. I go back to the point I made earlier, which is that the Home Secretary made it absolutely clear in her speech at the Conservative Party Conference that safe and legal routes are a core part of our proposed reforms to the asylum system to ensure it is both firm and fair. In fact, the noble Lord, Lord Dubs, said that very thing today in his speech. I can confirm that, as an integral part of that work, the Government will conduct a review of safe and legal routes to the UK for asylum seekers, refugees and their families, which will include reviewing routes for unaccompanied asylum-seeking children to reunite with their family members in the UK. As noble Lords will recollect, we intend to bring legislation next year that will deliver those reforms Both the noble Lord, Lord Dubs, and the noble Baroness, Lady Hamwee, talked about bilateral negotiations. I understand noble Lords’ concerns about the risk of a non-negotiated outcome on asylum and illegal migration, and I can, today, make a commitment to the House that in the event of a non-negotiated outcome, this Government will pursue bilateral negotiations on post-transition migration issues with key countries with which we share a mutual interest. This will include new arrangements for the family reunion of unaccompanied asylum-seeking children. I hope noble Lords listened carefully to what I have just said.
Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-10-21
Topic: Immigration
Stuart Polak (Conservative, Centre-right): My Lords, I have no intention of delaying the House as I have made my views on this pretty clear. The noble Lord, Lord Oates, has been very clear and precise. I believe that the Government are sticking their heels in for no good reason. I should make it known that this morning there was a power outage at the police national computer centre in Hendon—run, of course, by the Home Office. As a result, police forces across the country were not able to access the police national computer. I do not need to explain to noble Lords that power outages of this sort have a serious effect on police operations. Following the technical issue that affected our voting on 30 September and this issue today, surely those EU citizens who request physical proof should be able to receive it like any other citizen The noble Lord, Lord Oates, tabled the amendment in lieu to deal with the cost element that the Minister brought up on Report. I agree with him, because non-EEA citizens now receive physical proof, so I really fail to understand what the up-front costs that the Minister referred to are. It is an existing scheme. EU citizens deserve to be treated equally and the amendment deserves to be accepted. This is a matter not of policy, but of process. Non-EU citizens can obtain physical proof of settled status, so EU citizens will be the only group without that physical proof. I fail to understand why the Government are unable to accept the compromise amendment that now deals with the financial question.