The
Committee consisted of the following
Members:
Blunt,
Mr. Crispin
(Reigate)
(Con)
Browne,
Mr. Jeremy
(Taunton)
(LD)
Byrne,
Mr. Liam
(Minister for Immigration, Citizenship and
Nationality)
Campbell,
Mr. Alan
(Lord Commissioner of Her Majesty's
Treasury)
Green,
Damian
(Ashford)
(Con)
Hoyle,
Mr. Lindsay
(Chorley)
(Lab)
Jones,
Mr. Kevan
(North Durham)
(Lab)
McCafferty,
Chris
(Calder Valley)
(Lab)
McDonagh,
Siobhain
(Mitcham and Morden)
(Lab)
McKechin,
Ann
(Glasgow, North)
(Lab)
Mullin,
Mr. Chris
(Sunderland, South)
(Lab)
Penning,
Mike
(Hemel Hempstead)
(Con)
Redwood,
Mr. John
(Wokingham)
(Con)
Reed,
Mr. Jamie
(Copeland)
(Lab)
Rowen,
Paul
(Rochdale)
(LD)
Sheridan,
Jim
(Paisley and Renfrewshire, North)
(Lab)
Soames,
Mr. Nicholas
(Mid-Sussex)
(Con)
Celia
Blacklock, Committee
Clerk
attended the Committee
Third
Delegated Legislation
Committee
Monday 26
March
2007
[Mr.
Derek Conway
in the
Chair]
Draft Immigration and Nationality (Fees) Regulations 2007
4.30
pm
The
Minister for Immigration, Citizenship and Nationality (Mr.
Liam Byrne):
I beg to
move,
That the
Committee has considered the draft Immigration and Nationality (Fees)
Regulations 2007.
It
is a privilege to serve under your chairmanship this afternoon,
Mr. Conway. I do not think that I have had that privilege
before. This debate is the third in as many weeks on charging for
immigration services and the use of that money. Many Committee members
were engaged in quite a protracted debate during the Committee stage of
the UK Borders Bill, which was extremely usefulthe Bill emerged
much stronger for those deliberations. Once or twice, we had the
opportunity to debate the principles before us this afternoon. In those
debates, I set out the context of many of the questions that will arise
this afternoon, so I shall not detain the Committee for too
long.
In essence,
those principles are five-fold. Last July, my right hon. Friend the
Home Secretary set out the most radical shake-up of the immigration
system and, at the beginning of this year, I set out five proposals
that we will take forward in 2007. The first was an enforcement
strategy to combine the resources of the Government and public services
to tackle illegal immigration. The second was for stronger
international alliances so that we can co-operate more effectively
and expeditiously internationally in order to share
information on those of concern and to make it easier for legitimate
travellers to move between countries.
Thirdly, we said that we would
introduce new technology, in particular, identity technology, which
will help us lock down an individuals identity, so that they
can be checked in and out of the country more effectively. That will
mean also that when individuals are in the country, they will be able
to prove who they are and what rights they have more efficiently than
they can today. Fourthly, we will introduce new powers, including ones
to strengthen our borders, which we set out in the UK Borders Bill.
Finally, we announced extra resourcesup to £100 million
over our operational costsin order to strengthen enforcement
and compliance and to reinforce our border
controls.
Last week,
we touched on market pricing and whether we should we set fees at a
level more in relation to what the market will bear, rather than simply
recovering administrative costs. I think that the principle that we
should was accepted by both sides. Last week, in Committee, the hon.
Member for Ashford
said:
we have no
objection...to charging fees for the various instruments and
permits included in this aspect of legislation.
The hon. Member for Rochdale
said:
Although
we have no objection to the principle of cost recovery, we want to see
the basis on which these...increases are founded.
.[Official Report, Second Delegated Legislation
Committee, 12 March 2007; c.
4-5.]
The question,
therefore, is what the money should be spent on and, indeed, from where
it should
come.
Mr.
John Redwood (Wokingham) (Con): I am glad that the
Minister is looking at ways of using productively the money raised by
these fees. However, will those include interviewing women and children
coming in to this country separate from those with whom they might be
travelling to ensure that they are not the victims of trafficking,
which defaces this country as we are, I believe, the trafficking
capital of
Europe?
Mr.
Byrne:
I am grateful for that intervention. In the next
few days and weeks we will set out in much more elaborate detail our
proposals for strengthening border controls and overhauling the visa
system. I hope, therefore, that the right hon. Gentleman will permit me
to defer my answer until
then.
The debate that
we had last week touched on the kinds of the things on which we should
be spending our extra resourcesthe long list is provided in 31
pages of the enforcement strategy, which was published on 7 March, and
which the Committee will be delighted to hear I shall not go through in
detail now. Those extra resources will include millions extra to help
increase information collection and dissemination so that we can block
the benefits of Britain to those here illegally, and to strengthen our
ability to detect, detain and deport those with no right to be here;
250 additional police officers and nearly 300 additional immigration
officers by March 2008; 100 staff based in police stations; millions
extra for increased capacity in the detention estate, including a
420-bed facility opening next year in Gatwick; the electronic
monitoring of up to 2,000 extra individuals who will be subject to
tagging or voice verification; millions extra for voluntary removals
and to ensure the compliance, particularly of sponsors when we
introduce the new points system next year, and money to provide
feedback, both to employersto help them to understand their
obligationsand to those who may be visiting.
There are four categories in
which we can extend the principle of cost recovery and over-cost
recovery: visitors, students, workers and those who seek to settle
here. Because visitors bring in £14.3 billion to the economy
each year and students £5 billion, we decided to privilege those
categories. Therefore, we decided to seek to over-cost recover from
those who are working and those who are settlingthe people who
stand to benefit most from coming to this country.
In the work category, we
propose to over-cost recover in respect of applications from the highly
skilled migrant programme, which will increase from £315 to
£400; work permits, increasing from £150 to £190;
and leave to remain for work permit or highly skilled migrant programme
applicants, increasing from £335 to £350. We think that
that is measured. The market research that I shared with the Committee
last week showed that the prices that we proposed were
either below or very much in line with the price that people said was
reasonable. That was probably the most extensive piece of market
research that the immigration and nationality directorate had ever
conducted into the demand elasticity of many of the immigration
products that we provide.
The final category in which
prices are increased substantially is those applying for indefinite
leave to remainthat is, settlement. Again, we thought that
there was a valid case for the increase. When somebody decides to make
Britain his long-term home he is making a long-term commitment to the
country, and he becomes entitled to an extensive array of benefits,
including jobseekers allowance, attendance allowance,
disability living allowance, invalid care allowance, income support,
working families tax credit, disabled persons tax credit, child
tax credit, state pension credit, payment from the social fund, child
benefit, housing benefit, council tax benefit, access to the NHS,
access to local authority housing and access to the education system.
Therefore, to answer the question that the hon. Member for Rochdale
asked last week, I do not anticipate an enormous drop in demand for
settlement as a result of the price rises. Consistently, our research
shows that the route to settlement is identified as one of the most
important reasons for coming to this country in the first place. The
evidence also shows that there is a low price sensitivity to increased
fees for settlement and nationality.
In conclusion, migration brings
great benefits to this country, but both UK citizens and newcomers want
the immigration system to be made stronger. Changes do not come cheap,
they cost money, and these over-cost recovery proposals will help us to
contribute to that cost. I commend them to the
Committee.
4.38
pm
Damian
Green (Ashford) (Con): As ever, it is an extraordinary
privilege to serve under your chairmanship, Mr.
Conway.
I should like
to start by thanking the Minister for having sent me the extensive Home
Office research on the matter. It gives rise to a number of questions,
not all of which he has addressed. I hope that we can tease some of
them out so that he addresses them later. I am sure that he will
recognise that some of the increases are huge and will create a degree
of hardship for some of the people being asked to pay
them.
It is important,
at the outset, to put the proposals in context. The Chancellor has
already announced that the Home Office is losing out in the
comprehensive spending review. Its budget will be frozen for the next
three years, so the Home Secretary is scrabbling around for money and
this is one of the places where he has chosen to find it. As the
Minister said, we have gone round this course in our debates in the UK
Borders Bill Committee. He correctly quoted me as having said that we
have no objection in principle to raising the price of some of the
permits. However, he went on to say that therefore the only debate was
about how the money would be spent. I think that he is missing an
enormous middle part of the debate; it is extremely important for this
Committee to ask for clarification of the thinking behind the rises, as
well as bringing up the individual issues that have been raised by a
number of representative groups.
The first big question that lies
behind the research is what assumption the Minister is making about the
effect on the number of applications in each category. I make the point
about each category because, as he says, there are different levels of
increase because he is seeking, in effect, to make it more difficult,
or certainly more expensive, for certain classes of people who have
come here than others. Presumably, he wants more students to come, and
people with the right levels of skills to come here to work. It is
important for him to say where he thinks the effects of the measure
will lie. As he has already said, the Government are proposing to spend
£100 million extra on enforcement, and it is my understanding
that all of that extra £100 is coming from the increase in
charges here. The Minister has never quite been explicit about that,
but that is my understanding of what he has been saying. Is
that £100 million predicated on existing trends in each
of the different categories being maintained? Does the Minister think
that the existing number of applications in each category is broadly
right? Would it be a worry to the Government if, for instance,
applications for work permits or from foreign students fell, or if a
large number of those who are already in this country, whether as
students, working, or as family members of those who are working,
decided not to stay or apply for indefinite leave to remain? If family
members decide, because of the cost, to go back to their own country,
the principal worker who is here will probably decide to do that as
well. That would clearly have an economic effect on the skill base of
this country. I should be grateful if the Minister could address that
point as well.
Another particularly
important point in the research is that one of the most important
factors encouraging people to come here is the access that they gain to
public services. That is noteworthy but not very surprising. Has any
further research been done about how much extra has to be raised from
UK taxpayers to pay for those extra demands on the public services, and
whether that extra demand is in any way reflected in the extra charges
that the Government now propose? The Minister will be aware that
thoughtful people across the political spectrum have been looking
around the world to see how other countries manage their immigration
systemsin many cases, rather better than we have been doing.
What struck me as lacking in the extensive research that the Department
has produced is a range of modern international comparisons. I am aware
that the Home Office commissioned some research in 2004 on that
subject, but I am not conscious that it has done any since. I cannot
imagine that it has not, but that does not appear to be included in the
research. It is particularly important that if the Minister is taking
some fairly risky decisions about the costs that he is trying to impose
on certain classes of people who come to this country to work or study,
he should knowand we should be reassuredthat that does
not leave us wildly out of kilter with other countries, particularly in
a world where, as he will be aware, those with the most marketable
skills are increasingly playing in a global market and Britain needs to
be getting at least its fair share of those
people.
I also hope
that the Minister can address the point made by the Home Affairs
Committee in its report on immigration control, published in July 2006,
which recommended greater alignment between the level of
fees paid abroad to UKvisas and paid in the UK to his own Department. At
paragraph 487 of that report, the Committee
says:
It is
not at all clear why the fees are so much higher for the IND than for
UKvisas. When we asked for an analysis and comparison of overseas and
in-country fees, we were told that this was not possible on a
like for like basis because the two organisations are
discrete businesses, each governed by its own regulatory regime
and functioning on an independent cost base.
That may well be true,
but for those coming to this country, to find what appears to be an
increasing disparity between those who are paying in this country and
those paying overseas will, at best, puzzle those making those
applications. It may indeed put some of them off.
There are two
other individual areas that I hope the Minister can address. The first
is tourism. He said that that was not an area that he was particularly
trying to raise prices for, but he has done that. I would be grateful
if he could share with the Committee details about the consultations
with and representations from VisitBritain and other bodies responsible
for promoting tourism that happened before these changes were
made.
The second area
is that of families who come to live in this country with someone who
is working here. I am sure that the Minister has received
complaintsbecause I know that I have received
complaintsfrom groups representing immigrant communities
regarding the families of those who come here. Essentially, the
arguments boil down to two points that I think he should
address.
The first
point is that the expense of these new visas will obviously be much
greater for those who wish to stay here with their families and
therefore this is an attempt to skew the system in favour of those
people coming from other developed countries, who will be much more
likely to afford the visas. Is it explicitly the
Ministers intention that a greater degree of immigration to
Britain should come from other developed
countries?
The second
point is that the increase in the costs of indefinite leave to remain
and of naturalisation will lead to a much larger group of non-resident
aliens staying here long term. That seems to fly in the face of what
the Minister is hoping to achieve in the area of community cohesion.
There seems to be a disparity, which I hope he can
address.
These are
serious changes in the way that the country treats those who want to
come here and stay here, and they deserve a thoughtful approach. As the
Minister knows, one of the key policy issues that divides us is that
the Conservatives want an explicit annual limit on economic migration
and the Government do not. It is possible that the effect of these
price increases will be a big drop in the numbers of people coming here
to work, visit or settle. The Committee deserves to be told whether
that is one of the purposes of these changes. If the Minister is trying
to reduce the level of economic migration to Britain we should be told,
because that would be a reversal of the Governments stated
policy. Therefore, without wishing to oppose these changes, I think
that the Committee deserves a good deal of further clarification about
what lies behind them.
4.47
pm
Paul
Rowen (Rochdale) (LD): It is a pleasure, Mr.
Conway, to serve under your chairmanship.
As the
Minister said in his introduction, what we are discussing today follows
on from the debate that we have had about the UK Borders Bill. However,
there are some important differences. I also agree with what the hon.
Member for Ashford said with regard to the proposed difference in fees
between those charged by UKvisas and those charged by the IND for
in-country fees. The hon. Gentleman posed a reason as to why that might
be. I believe that the Minister has made it quite obvious; what we are
doing is using these increases in in-country fees to pay for the
additional resources that are required by the IND and the UK Borders
Bill. If we are going to do that, it is incumbent upon us to examine
what the Governments intentions are, as laid out in the
strategy that the Minister released at the beginning of the month, and
ask whether the £100 million outlined in the strategy is being
well spent and correctly raised from the right areas.
If one looks
at that report, it says that the Home Office has five areas in which
the Government intend to use the additional funds. The first area is to
provide additional enforcement to ferret out illegal workers and
employers who exploit them. Those of us who have been involved in
discussing the UK Borders Bill understand some of the powers that that
Bill will give enforcement officers. At this stage, however, we need to
ask how the Government intend to ferret out illegal workers, given
their current inability to do anything of the kind.
The second reason given is
about the building of new detention centres for those who are awaiting
decisions on their asylum claims, or for those who are awaiting
deportation. My view is that that is an issue of asylum, not
immigration. We should not seek to charge individuals, many of whom are
here for a legitimate reason, to raise money that will be used for
another purpose. Legitimate fees might be charged, for example, because
the criminal casework teams budget is being raised from
£2.5 million to £10.5 million.
The third reason given is to
help employers check their employees nationality status. I
assume that that is to pay for the cost of the new biometric visas.
Again, we need to understand what that money will do. There are already
sufficient means by which an individuals right to work can be
checked by an employer. I accept that biometrics are easier and provide
more reliable data, but I am not sure that we should make some of the
increases that are talked
about.
The fourth
reason is to run campaigns to explain the UK immigration rules. That is
a legitimate reason. The final one is about increasing the rate and
number of illegal immigrants who are sent back to their home countries.
Again, that is a charge on many legitimate people who are here, rather
than a cost that is being sought only against those who are causing the
problem. We do not oppose the charging of fees, or even charging fees
where they are at cost recovery, when it can be demonstrated that the
fees income is being used for a legitimate
purpose.
Mr.
Redwood:
Do the Liberal Democrats wish to increase,
reduce or keep about the same the current level of immigration? We need
to know that to assess whether putting the price up is a good
idea.
Paul
Rowen:
In the context of todays debate that is a
very difficult question to answer. We are not in favour of artificial
limits in the context of the highly skilled migration programme. It
should be what the demand is.
Mr.
Jeremy Browne (Taunton) (LD): Does my hon. Friend share my
anxiety about the position of the Conservative party as outlined by the
hon. Member for Ashford, which is that an annual limit should be set on
economic migration? Does he believe as I do, and the Conservative party
evidently does not, that anyone who supports free market
economics
The
Chairman:
Order. The hon. Gentleman is getting a little
far from the order. We are not going to let this deteriorate into a
mini manifesto
debate.
Paul
Rowen:
Thank you, Mr. Conway. No one wants to
get into manifesto debates. The key point is that an artificial limit,
which the hon. Member for Ashford described, does not address the
reason why some of the people on the highly skilled migrant programmes
are here.
That needs to be looked at. The other issue is about
the fees for settlement of nationality. We can have a very legitimate
debate about the numbers of people coming into this country although I
do not believe that that is what we are here to discuss
today.
The Liberal
Democrats are not opposed to the fees but we have to recognise that the
cost of a work permit has already risen from £85 to £153
and is now set to rise to
£190.
Mr.
Kevan Jones (North Durham) (Lab): I know that Liberal
Democrats love sitting on fences, but could he answer the question
posed by the right hon. Member for Wokingham? Are they in favour of or
against these
increases?
Paul
Rowen:
I thank the hon. Gentleman for that intervention.
If I can be allowed to make some progress then I might be able to
answer the question.
The research that the Minister
kindly gave us provides some indication of the publics reaction
to the increase in those charges. However, I believe that cost
elasticity was one of the issues dealt with in the consultation. That
ignores the fact that the figures increased dramatically in some other
areas, such as indefinite leave to remain, which the Minister
mentioned. Although we might accept that the cost increase for students
coming into the country is reasonable, as is the increase in the cost
of a work permit given that the current cost is £153, I find it
difficult to accept that an increase from £335 to £750
can be justified.
The
discussion does not deal with the actual cost to a person who comes
here under the highly skilled migrant programme, stays for a number of
years, then applies for indefinite leave to remain and to become
naturalised. According to figures that I have been given, such a person
who stays for a four-year period, then applies for indefinite leave to
remain and then for naturalisation, faces a cost of £2,950. That
is not an inconsiderable figure.
Our key concern is that
previously the Government have talked about seeking to distinguish
between what
people from different countries can afford, yet the figures show that
that is not what happens. Anybody who is going to remain in the country
and has applied for indefinite leave to remain faces a flat charge, so
someone coming from the United States faces the same figure as someone
coming from Pakistan or India. That seems to fly against the
Governments stated intention to take account what people from
poorer countries can afford.
Mr.
Jones:
Is it therefore Liberal Democrat policy that the
taxpayer should subsidise certain countries as opposed to
others?
Paul
Rowen:
No, it is not. We do not wish to see a
subsidy; we wish to see the overall sums paying for the system. Within
that system, the fee can be varied according to what people can afford.
That is a market-led approach.
Mr.
Redwood:
Perhaps the hon. Gentleman would give us an idea
of how much somebody from India should pay, compared with somebody from
America, and tell us why that would not be an example of hybrid
regulation.
Paul
Rowen:
We are here to discuss the Governments
increases in fees, not what we might do. I am sticking clearly to what
is in front of us and what we have been asked to do.
Our final concern relates to
how the consultation has been conducted. Perhaps the Minister will
correct me if I am wrong, but as far as I can see, the consultation
does not consider how individual families might be affected by the
changes, nor does it listen to the views of groups such as Voice of
Britains Skilled Immigrants, the Immigration Law Practitioners
Association or the Joint Council for the Welfare of Immigrants. I would
be grateful if the Minister could explain why those particular bodies
were not consulted. In the consultation, the Government asked a
specific question about cost and value, yet when the response did not
give the answer that the Government were searching for, they ignored
it. They have gone for value rather than cost.
We have to agree to these fees
as a whole. I would have been much happier to agree to them or not
individually, as some of them go way beyond cost and into cost
recovery. I have mentioned the settlement nationality figures; the
Minister has given his reasons for them, but they do not take account
of the ongoing
cost.
Damian
Green
:
I am still not clear. Is the hon. Gentleman
in favour only of increases that lead to cost recovery, or is he
prepared to accept more than cost recovery on some charges? If he is
not, would he solve the gap by cutting the amount spent on enforcement,
or would he increase taxes in some other way to fill that
gap?
Paul
Rowen:
I am grateful to the hon. Gentleman for raising
that matter. I hope I explained earlier that the Government wanted to
use this money to address five key issues. We have serious anxieties
about some of the
issues for which that money will be used. The issue of cost recovery in
general is okay in one sense; but in respect of individual costs, there
are some that are more acceptable than others. There is only a small
increase in the student fee, for example, but we are being asked to
consider a so-called package, which includes a mixture of those that
are acceptable in terms of cost recovery and some about which the
Minister has said, Well, people are getting the benefit of
coming to this country, so therefore the fees are much
steeper.
However, for someone who comes
here under the highly skilled migrant programme, stays, gets indefinite
leave, converts and becomes naturalised, the cost is £2,950,
well beyond what might be classed as cost recovery. We have a
difficulty with these charges because they do not take account of the
fact that people are being asked to pay not one fee, but several. The
total amount of the fees, taken together, is
considerable.
Mr.
Browne:
Will my hon. Friend reassure me that he does not
intend to argue for an artificial, state-determined cap on migration,
set by bureaucrats in Government who know more about the economic needs
and future prosperity of the country than the people who are driving
that prosperity, namely, entrepreneurs and capitalists in the
free-market sector of the
economy?
Paul
Rowen:
Those hon. Members who were on the Committee
considering the UK Borders Bill will have heard evidence from a
representative of the universities that showed just how important to
the economy are the students who come into this country to study for
degrees and for post-doctoral research. The same applies to people
coming here on the highly skilled migrant programme, who also make a
very important contribution. I do not want people to be driven away
from this country or to choose another country in preference to the UK
as a result of a set of artificial fees.
Damian
Green:
Will the hon. Gentleman give
way?
Paul
Rowen:
No. I have already given way and I am about to wind
up my speech. We will oppose these
increases.
5.3
pm
Mr.
Redwood:
When I first saw these increases they struck me
as being very high. The fee for indefinite leave to remain is up from
£335 to £750, which has more than doubled; the indefinite
leave to remain premium has almost doubled, from £500 to
£950; the fee for naturalisation is up from £200 to
£575, which has almost trebled, and for nationality adult
registration it has more than trebled from £120 to £400.
It is interesting
that the Minister did not give us the figures; he just made some
general comments. However, it made me think that once someone is here,
they need to be very rich to be able to drive in London with the fuel
duties and the congestion charge, which
may soon be coming to other parts of the country. They need to be very,
very rich to be able to buy a home in London or the south-east because
of the stamp duties, and very rich to carry on owning that home because
of the council taxes. Perhaps we should get people used to that idea
when they arrive. It would be a good warning to them to say,
Well, if you think £900 to come in indefinitely is a bit
steep, it is nothing to what you will have to pay when you get here, so
welcome to new Labours Britain. So I began to warm to
these proposals, because it seemed fair, when people were seeking to
join our country, that they should understand that it is very expensive
because we have an outrageous Government who grab our money at every
conceivable opportunity.
I then heard the
Ministers explanation of his proposals, which was slightly
different from the one I have just given, but one that I could almost
buy into myself, the Committee might be pleased to know. If the
Minister seriously intends to try to get control of our borders, it
would be exceptionally good news. If he cannot do it with the hundreds
of millions that are already being taken from general taxpayers, and
the Government need to take many more millions from the people seeking
to enter this country legitimately, so be it. I would rather they take
it from those seeking entry than from the people who are already here
and paying far too much tax to have their borders badly
administered.
I should
be grateful if the Minister would use some of the money to keep
terrorists out; I understand that not only have we welcomed a lot of
terrorists in, but we managed to give them quite a lot of passports
while they were here, with various identities supplied by the state. It
would be good to keep out more of the criminals we have welcomed in;
this country seems to be a very good centre for quite a lot of criminal
activity. All our anti-money laundering efforts seem to be targeted on
grannies putting £100 in the building society rather than the
really big hitters who come in across our borders and get nodded
through the immigration system controlled by the Home
Office.
I hope that
the Minister will take seriously my point that we are now the
trafficking centre of western Europe. Far too many women and children
are brought here and sold into serfdom, often in the sex trade. That is
outrageous; America has got on top of that problem to a greater extent
than we have by having a separate interview system at the borders to
ensure that people are not being brought in under duress by others in
their party.
It would
also be good to keep out those who are not genuine asylum seekers; all
of us feel warm-hearted towards
those
The
Chairman: Order. I am sorry to interrupt the right hon.
Gentlemans flow, but he is a very experienced Member of this
House, and I am sure that he is about to return to his remarks on the
fees regulations rather than the UK Borders Control Bill, which we are
not
considering.
Mr.
Redwood: I am grateful for your deflection of my remarks into the
correct order, Mr. Conway. The only good, conceivable reason
I could have for not opposing the order, with its very large fee
increases, would be if the money were to be spent in the ways I am
suggesting. The Minister referred in his opening
remarks to how he was thinking of spending some of this money. The hon.
Member for Rochdale had a different view of what should be spent; he
seemed to want to raise less and have weak border controls, which is
his partys position.
Mr. Browne:
Does the right hon. Gentleman think that the migration needs of
this country are best determined by free market business people or by
an artificial cap set by the
state?
Mr.
Redwood: We need not an artificial cap but a sensible judgment on
how many people we can admit for various purposes because of the
obvious stresses and strains on infrastructure, housing and public
services generally. Although I, like my hon. Friend the Member for
Ashford, think that a sensible amount of immigration can be extremely
beneficial to the society receiving the migrants, as well as to the
migrants, if too big a number are allowed to come in it can be
extremely difficult to accommodate them all to the standard one would
like.
The proposal is
another part of rip-off Government, with swingeing increases on a huge
scale by a monopolist supplying a service very badly. However, on this
occasion I will not vote against it, on the grounds that the fees are
not being imposed on my constituents and that I live in hope that some
of the money might be better used to control our borders more
sensibly.
5.8
pm
Mr.
Byrne: I am grateful for the support expressed in different
measures on the Opposition Benches for different aspects of the
proposal.
I shall try
to deal in turn with a few of the points raised by hon. Members,
starting with the matter of consultation. We have gone through one of
the most extensive processes of consultation that the Home Office has
ever conducted on this question. About 3,000 documents were sent out to
a different range of stakeholdersI am not sure whether the
Immigration Law Practitioners Association got its copy and
forgot to submit it, or did not receive it. About 340 responses were
submitted and a number of additional consultation events, attended by
about 400 people, were undertaken. Again, I am not sure whether the
ILPA was represented, but it certainly would not have been barred at
the door if it had asked to come in.
Something like 87 per cent. of
the responses that we received agreed with the principle to which the
Committee agreed, and in which hon. Members on the Committee have
acquiesced during debates over the last week or two, about the ability
of the immigration service to price things flexibly. Some 79 per cent.
said that fees should reflect a range of different factors, not only
those relating to the direct value of the migrant; so they would also
take into account wider policy objectives.
VisitBritain was one of the
bodies that responded, and it was very supportive. So, too, was the
CBI, which said that the current system clearly needs
reformsomething that was at the centre of the comments made by
the right hon. Member for Wokinghamand if rises in visa fees
are necessary to fund those improvements, employers will see it as a
price worth paying.
The hon. Member for Ashford
asked what my expectation was of a decline in the rates of application
around the world. The reason for looking so carefully for
peoples tolerance level of different prices was in order to
answer that question. My expectation is not of a calamitous decline in
the number of applications that we will receive, because we have
carefully priced, product by product, our proposals a little below
where people said is the real point at which they are not prepared to
pay
more.
Mr.
Crispin Blunt (Reigate) (Con): When the Minister opened
the debate on costing, he referred to the number of benefits to which
people become entitled, and listed them during the course of his
remarks. As an example, eight of those benefits that can be claimed by
parents of disabled children run to 273 pages, consisting of about
1,150 questions that do not have simple yes or no answers. They
sometimes require over a paragraph that people have to complete in
order to claim the benefit. Concern has been expressed in my
constituency about the difficulty for vulnerable people to be able to
complete those forms. What percentage of foreigners does the Minister
believe will be able successfully to complete the forms in order to
claim the amounts owing to them? How much should that be factored into
his
calculations?
Mr.
Byrne:
It is the responsibility of the Benefits Agency and
DWP to ensure that there is proper access to benefits, but I will be
happy to consult my colleagues on that question if there is a specific
answer that I can give to the hon. Gentlemans
constituents.
The
point about visitors fees was raised in particular.
Visitors fees are price-sensitive, and that is why in the top
10 visitor intake countries, the average price is some 4 per cent. We
have been careful to keep visitors fees protected. The question
of international comparisons, raised by the hon. Member for Ashford, is
also important. If we look at some of the prices for settlement, for
example, we can see that the proposed fee for the UK of about
£750 is not a million miles away from the price charged in New
Zealand, which is about £665, or the quite substantial range of
prices in Australia, from £536 to £4,118. The argument
that I would advance to the hon. Member for Rochdale, who prayed in aid
the example of a highly skilled migrant, is that in order to become a
highly skilled migrant in this country, people need to be earning
something like £40,000 a year, and because people do not apply
for settlement until they have completed something like five
years residence, that highly skilled migrant, in the hon.
Gentlemans example, would probably have put into the bank
something like £200,000 gross, so to ask that individual to
contribute some £2,950 is not unreasonable.
The question of alignment of
fees in-country and out-of-country has been raised by the Home Affairs
Committee. In the debate that we had on the UK Borders Bill, we touched
on the matter, because we are asking for powers to bring a greater
degree of alignment between in-country and out-of-country fees.
The hon. Member for
Ashford also asked about discrimination. Because people are required to
spend so long in this country, I do not think that one can make the
argument of discrimination on the basis of country of origin because
once they are in this country
people have the opportunity to work in all parts of the economy. I do
not think that those employment opportunities are necessarily
restricted by country of origin, and as the example that I gave
demonstrates, migrants have the opportunity in Britain to earn
quite substantial amounts, against which it is not
unreasonable to ask a little extra for visa prices and the right to
settle.
I will not be
tempted to follow the hon. Gentleman and others into a debate about
whether it is right to set limits. We have suggested that the
Government would benefit from independent advice as to where in our
economy migration makes sense and where it does not. I shall say more
on that in the House very shortly.
My final two points concern
enforcement and fairness. If we are to strengthen our borders, it is
vital that we close down the causes of illegal immigration. I think
that we agreed in Committee that, up to a point, illegal working is one
of those. That is why the measures that we propose in the enforcement
strategy are so important. Those measures do not relate to biometric
immigration documents. Unlike Opposition Members, I do think that ID
cards for foreign nationals are an important part of our policy to shut
down illegal working. It is too easy to construct fraudulently the up
to 60 different documents that employers currently have to process. We
should phase those out and phase in a single biometric immigration
document. The cost for that is not touched on in these
proposals.
It is not
fair to ask British taxpayers to fund the entire cost of the
immigration system. Benefits accrue to the migrant, so we need a
balance; and the charges that we propose would provide that
balance.
Paul
Rowen:
Notwithstanding the Ministers remarks, does
he not accept that he is asking the vast majority of people who come
here for legitimate reasons to pay for his Departments failure
to deal with illegal immigration?
Mr.
Byrne:
No, I do not accept that for a
moment. Both British citizens and newcomers alike would like our
enforcement to be stronger than it is today. Such enforcement cannot be
funded by thin air; it does not come cost free. If we are to increase
the number of immigration officers and our ability to share
intelligence and information with others, we have to pay for
it.
Mr.
Jones:
Does my hon. Friend agree that if the Liberal
Democrats vote against the measure, they will be asking the UK taxpayer
to subsidise people who come to this
country?
Mr.
Byrne:
As is customary, my hon. Friend has hit the nail on
the head. A vote against these proposals is a vote for a weaker
immigration system and a less robust attack on illegal immigration and
the organised criminals and business barons who exploit illegal
migrants to this country, often in dangerous
conditions.
Damian
Green:
For completeness, the Minister should also make the
point that the Liberal Democrats seem to support not only unlimited
immigration in all circumstances but also weaker controls than many
people would want and higher taxation. Those are the three things for
which they would be voting.
The Chairman: Minister,
with
caution.
Mr.
Byrne:
I accept your guidance, Mr.
Conway.
The charges
deliver a fairer balance between foreign nationals and British
taxpayers in financing the immigration system. It would probably be
cheaper to replace our border with a barricade, but that would be bad
for Britain and the measures that we propose make a lot more
sense.
Question
put:
The
Committee divided: Ayes 8, Noes
2.
Division
No.
1
]
Question
accordingly agreed to.
Resolved,
That
the Committee has considered the draft Immigration and Nationality
(Fees) Regulations
2007.
Committee
rose at twenty minutes past Five oclock.