Immigration and Social Security Co-ordination (EU Withdrawal) Bill — House of Lords, 2020-09-30
Topic: Immigration
Susan Williams (Conservative, Centre-right): I thank the noble Lord, Lord Green of Deddington, for retabling his amendment and all noble Lords who have spoken in support or opposition The noble Lord, Lord Green, seeks to put in place separate parliamentary approval for regulations allowing EEA and Swiss nationals who are new entrants to the labour market to be paid less than other skilled workers. I recognise the intention behind this amendment. He is absolutely right that, in using salary thresholds as a mechanism to control immigration, protect the domestic workforce from being undercut and ensure the UK’s economy prospers, we must have confidence that salary requirements are set at the right level. It is for these objectives, in addition to ensuring that migrant workers are not exploited and that a skilled migrant is coming to the UK for genuine skilled employment, that a system of salary thresholds will form a critical part of our new skilled worker route In Committee, the noble Lord, Lord Green of Deddington, and my noble friend Lady Neville-Rolfe spoke about the risk of losing control of our borders and disadvantaging young people and the unemployed in the UK. The noble Lord also mentioned the Government’s recently launched Kickstart programme and his concerns that its benefits would be reduced due to our young people facing further difficulties and unlimited competition from those overseas migrants who meet the new entrant definition. I hope I can reassure noble Lords that this is simply not the case. Our salary requirements for all skilled workers are based on national earnings data for UK workers. Furthermore, while new entrants will benefit from a reduced salary rate, recognising these individuals should not be disadvantaged by the fact that they typically earn around 30% less than experienced workers, they will still need to meet other mandatory requirements to be successfully granted leave. Namely, along with all other skilled workers, they must have a sponsoring employer, a job at the appropriate skill level and be able to speak English to an accepted standard. Furthermore, the new entrant rate is not an indefinite offer. It is designed for those essentially at the start of their careers The noble Lord, Lord Green, also voiced concerns about settlement, given that the new skilled worker route will be a route that allows this, subject to meeting relevant requirements. While this is indeed the case, I can confirm that individuals will need to be paid at least the going rate for their occupation by the time they reach settlement. While it may not sway the views of some noble Lords, the Government did not agree this proposal in isolation. We sought independent advice from the MAC, outlined in its January 2020 report on salary thresholds and a points-based system and, following careful consideration of its findings and our own extensive engagement, accepted its recommendations I should like to put on the record that reduced rates for new entrants are not new; they have been a part of the immigration system since 2013. While we intend to continue the new entrant salary rate, in future the Immigration Rules will set a more consistent 30% reduction across all occupations. As the MAC identified, the differences in the current system are very large for some occupations. New entrant quantity surveyors, for example, may be paid 69% less than more experienced migrant workers in the same profession Turning to the crux of this amendment, the noble Lord is right that there should be parliamentary scrutiny of these requirements, but there is already a long-established procedure for that. The Government are required to set out their immigration policy in the Immigration Rules. This includes salary requirements and reduced rates for new entrants which can determine whether an immigration application succeeds or fails. Changes to the rules must be laid before Parliament, either House may disapprove the changes by negative resolution within 40 days of them being laid and the Secretary of State shall make any changes that appear to her in the circumstances to be required. Any such changes will be laid before Parliament within a further 40 days. I do not think it is necessary or proportionate to introduce a new procedure for salary requirements for new entrants, particularly at a time when the Government are committed to simplifying and streamlining arrangements. Furthermore, there seems to be no particular reason for the procedure for new entrant salaries to be different from the procedure for the general salary requirements or, indeed, any other requirements for skilled workers. Additionally, as is made clear in recently published policy statements on the UK’s new points-based system, measures will be introduced in a phased manner and we will retain the ability to make adjustments based on experience and, crucially, to respond to the needs of the UK economy. New regulations under an affirmative procedure would lessen this responsiveness and could risk splitting up interconnected policies which together create a robust element of control, protect domestic workers and ensure that those who have the skills and talents that we need and who want to make a positive contribution can come to the UK For the reasons that I have set out, and on the basis that we will continue to lay before Parliament the full details of the requirements, including those for new entrants, I hope that the noble Lord will be happy to withdraw his amendment.