The
Committee consisted of the following
Members:
Chairman:
Mrs.
Janet Dean
Battle,
John
(Leeds, West)
(Lab)
Blunt,
Mr. Crispin
(Reigate)
(Con)
Brake,
Tom
(Carshalton and Wallington)
(LD)
Buck,
Ms Karen
(Regent's Park and Kensington, North)
(Lab)
Byrne,
Mr. Liam
(Minister for Borders and
Immigration)
Campbell,
Mr. Alan
(Lord Commissioner of Her Majesty's
Treasury)
Davies,
David T.C.
(Monmouth)
(Con)
Dorrell,
Mr. Stephen
(Charnwood)
(Con)
Foster,
Michael Jabez
(Hastings and Rye)
(Lab)
Fraser,
Mr. Christopher
(South-West Norfolk)
(Con)
Green,
Damian
(Ashford)
(Con)
Huhne,
Chris
(Eastleigh)
(LD)
Lucas,
Ian
(Wrexham) (Lab)
Moran,
Margaret
(Luton, South)
(Lab)
Reed,
Mr. Jamie
(Copeland)
(Lab)
Taylor,
Ms Dari
(Stockton, South)
(Lab)
Wright,
Mr. Anthony
(Great Yarmouth)
(Lab)
Eliot Wilson, Richard Ward,
Committee Clerks
attended
the Committee
First
Delegated Legislation
Committee
Monday 25
February
2008
[Mrs.
Janet Dean
in the
Chair]
Draft Immigration and Nationality (Fees) (Amendment) Regulations 2008
4.30
pm
The
Minister for Borders and Immigration (Mr. Liam
Byrne):
I beg to
move,
That the
Committee has considered the draft Immigration and Nationality (Fees)
(Amendment) Regulations
2008.
I shall spare the
Committee too long an introduction to the regulations and pick up
issues in my closing remarks. The Government are
making pretty comprehensive changes to our immigration system and
border security this year. I shall not detail the catalogue of changes;
suffice it to say that they do not come cost free. Indeed, we shall
spend about £2 billion on the Border and Immigration Agency and
its related work this year. It is right that some of that burden is
shared by those foreign nationals who benefit from our immigration
service and border security. An important principle involves the fact
that about £630 million will come from the fees paid by those
who use the system this year.
The second important principle
that we established in our debates last year is that, when we are
providing services or products such as visas, we should not necessarily
charge only for the actual cost of delivering the service, but consider
the value that we are creating to the individual or the company
concerned and charge on that basis. That principle is at the centre of
our debate.
Last year,
I said that my goal over the next two or three years was to double the
budget that was spent on the enforcement side of the business. The
money that we propose to raise from the fees will help towards that
effort. However, I recognise that many of the increases to fees that we
made last year seemed big, and I therefore propose that fee increases
are kept to an absolute minimum this year. When we consider the range
of products and services for which the Border and Immigration Agency
charges, we see that most of the charges that we are proposing this
year represent inflationary increases to the prices that were on the
books last
year.
However,
two or three services do not have comparable products. This year, we
are introducing a points system that will involve a new visa for tier 1
(general). We shall consolidate two steps of the highly skilled migrant
programme. We propose a visa fee that is the equivalent of the price of
the two stages that existed before. Secondly, the fee for leave to
remain under tier 1 will mirror the existing combined fee of
£750.
Thirdly,
there will be a new fee for sponsorship. That is the most significant
change. Sponsorship is a concept that is integral to how the points
system works. In effect, we are asking organisations, whether
businesses
or colleges, to play a part in helping us to police the system, such as
by telling us if people do not turn up or are away for extended
periods.
We propose to
create two levels of feeone for big businesses and another for
small organisations. I used to run a small IT business employing people
from abroad, so I have brought some of that experience to the decision
that has been made. For medium and large businesses, we propose a fee
of about £1,000 to register for a licence that will allow them
to sponsor skilled migrants to the United Kingdom. We will charge
smaller businesses only £300. From those measures, we propose to
raise about £4.7 million. We anticipate that about 15,000
businesses will apply for a licence in the first year of operation,
4,500 of which we expect to be medium and large businesses. The
lions share will be made up of small
organisations.
The
licence will be valid for four years, so that it effectively costs
£250 a year for a large organisation. That is a fraction of the
costs that are involved in recruiting and retaining skilled workers
with some expectations, which can cost in excess of about
£25,000 a year. That is broadly in line with other licence fees.
For example, a Security Industry Authority licence costs about
£250 a year.
The structure of the sponsorship
fees that we have proposed will allow us to keep the burden lighter on
small businesses and charities, and we have obviously
consulted widely among our usual stakeholders,
including organisations such as the CBI and universities, in drawing up
such provisions. The fees are fair and proportionate; the money that we
recover will help us to run a more robust immigration system in the
future, and I commend the statutory instrument to the
Committee.
4.35
pm
Damian
Green (Ashford) (Con): It is always a pleasure to serve
under your chairmanship, Mrs. Dean. I thank the Minister for
his explanation and for sparing us the standard part of the speech; I
hope, at least in part, to reciprocate. I want to ask a number of
detailed questions, but I shall be brief, partly because we have spent
several sittings in Committee discussing the Governments
increases to visa fees in recent months.
I am sure that the Minister
would acknowledge that many people are finding the fees expensive,
particularly those already in this country who have to change their
status or their spouses status; they are the ones who are
objecting most strongly to the increases that have been imposed in
recent years. I suspect that his postbag and e-mails are full of
correspondence from those who are complaining. The Opposition support
the principle of reasonable charges for people who want to come to this
country; it is fair that those who want to come to live here and
benefit from that should be asked to pay for the processing of
the paperwork and contribute towards subsequent enforcement. Nor do I
have any objection to some degree of cross-subsidy, so that some fees
can be set at affordable levels and can therefore benefit the
country.
In the
documents attached to the regulations, the Government are clear about
the new fee structure, and they mention an additional £43.2
million income from fees for the Government over five years. I hope
that the Minister can tell us the basis for that figure and what
the Government propose to do if there is a shortfallwill the
budget for border enforcement be protected, or will it be dependent on
the fee revenue? That seems to be a fairly crucial question.
The Minister mentioned overall
numbers for the BIA. He said that, this year, it is spending about
£2 billion, of which £600 million comes from fees. I
assume that that £2 billion therefore includes the public
expenditure of £1.4 billion that appears in the Red Book and
that that is the total budget. Will the Minister disaggregate a little
and tell us what is the total enforcement budget for the BIA and for
the various other bodies that are engaged in enforcing our
borders? As he knows, seven and possibly eight different bodies are
engaged in different kinds of enforcement activity. Given the context
of the extra money that the Government are seeking to raise from visa
fees, it would be instructive for the Committee to know what the total
enforcement budget is.
I would be grateful to the
Minister if he addressed one of the central points,
which is whether these increases in fees are actually designed to cut
the numbers applying. Is this an attempt to control the numbers coming
in, or is it simply, as he says, an attempt to pay for the various
enforcement measures? In the evidence base in the papers drawn up by
the Home Office that accompany the regulations, the Government say that
the policy objective is
to rebalance the funding of the
immigration system to ensure that those who benefit most from the
service make a larger contribution.
That would seem a sensible principle. I am
interested, therefore, in whether that principle applies simply to the
statutory instrument or to the Governments wider approach. In
the context of announcements made last week, that seems
slightly puzzling. How is that principle consistent with the
Governments plan in their Green Paper, to place an extra tax on
migrants who will not be at the top of the income scale? There seems to
be an inconsistency between the regulations and what the Home Secretary
placed before the House in her Green Paper last week.
The Government say that they
wish to raise an extra £100 million above administrative cost
recovery to fund the true end-to-end costs of the immigration system,
from initial application to enforcement and compliance activities. Can
the Minister tell the Committee whether, as I assume, £100
million is an annual figure, and whether such levels are achieved at
the moment? The new regime will clearly favour people who come from
more affluent countries and will be more likely to afford such visas.
Will the Minister tell us whether that is a purpose of the policy or
simply an accidental side effect? The underlying point is that the need
for more money to fund better enforcement is a symptom of the long-term
failure of our border controls, and I am glad that the Government are,
at least implicitly, admitting that long-term failure. Members of the
Committee must hope that the policy starts failing a little less badly
in the years ahead.
4.41
pm
Tom
Brake (Carshalton and Wallington) (LD): It is a pleasure
to serve under your chairmanship, Mrs. Dean, for the first
time, I believe. In his opening remarks, the Minister spared us a long
spiel about the changes that
the Government are making. I do not want to comment on
thatindeed, Mrs Dean, you would not allow me tobeyond
saying that we support key planks of the Governments proposals
in relation to, for instance, a points-based immigration
system.
The hon.
Member for Ashford made a number of pertinent points, and I hope that
the Minister will respond to them in detail. Perhaps the most pertinent
of them was about how far enforcement will be linked directly to the
fees, and whether there is a connect between them to the extent that
enforcement might be stepped up if the fees are greater or stepped down
if they are less than expected.
In his opening remarks, the
Minister said that two fundamental principles were at stake. The
Liberal Democrats also believe that there are two fundamental
principles. First, in our view, the differential charges
that the Minister proposes to introduce are not
differential enough in discriminating between small, medium, large,
very large and very profitable businesses. Perhaps the Minister will
consider revisiting that.
Secondly, and perhaps most
importantly, one of the Governments aims must be to ensure that
local employees in the UK are able to do such jobs at some point in the
future. Perhaps there should be a clearer linkage between the fees
raised and the funds that are available to invest in training UK-based
work forces to enable them to compete. The Government should
ensure that there is a reduced need for skilled workers to come from
outside the EU to take up positions that could be filled appropriately
by people who are already in the UK. Regrettably, because of the lack
of a clear differential between the fees that will be charged and the
absence of a linkage between those funds that are raised and those that
are available to train the work force here, I may be alone, but I
cannot support the Government on the
regulations.
4.44
pm
Mr.
Byrne:
I was about to welcome the contribution of
the hon. Member for Carshalton and Wallington; he started with an
eloquent endorsement of the stronger resident labour market protection
that will come from the introduction of the points system. He will be
delighted to know that I plan to publish a blueprint on the key
tiertier 2, which is for skilled workersa little later
on this year. I hope to do so in the next two or three months. We will
be able to debate the resident labour market tests that we propose and
the implications of raising the points score to such an extent that
some workers, who many thought of as being skilled, may not be able to
come into the UK in the future. I shall keep what the hon. Gentleman
said this afternoon close at hand for the debates that are to
come.
I wish to pick up
a couple of points made by the hon. Member for Ashford. He suggested
that it would be helpful if we set out in more detail the proposals for
enforcement spending and how we think that it should increase over the
next few years. That is not something on which I want to give chapter
and verse today, not least because we are currently combining the
detection division of Her Majestys Revenue and Customs with the
Border and Immigration Agency, together with the UK visa operation that
is coming from the Foreign
Office. I do not want to give an over-hasty and
potentially misleading picture of what resources in that new
organisation will be devoted to such business, both in percentage and
absolute terms. However, it is important that the House has sight of
that, so I shall produce such as analysis as soon as I
can.
The hon. Gentleman
made a good point about what will happen if there were a shortfall in
the projections. The money that we plan to raise from licence fees, in
particular, is only about £4.7 million, so it is not a
significant pot of money. If we under-raise on fees, the shortfall must
be made up from inside the Home Office departmental expenditure limit.
As the Committee will recognise, there is pressure on us to get the
projections absolutely right, otherwise the centre of the Home Office
will have to pick up the
gaps.
I want to
separate the contribution that migrants make to the UK as a whole from
the contribution that they and the organisations that benefit from
their being here make towards the enforcement of the system. The scope
of the regulations relates to how we raise a fair contribution to that
enforcement. In the past, we typically raised fees with a narrow view
of what the administration of the system really involved. We looked at
the costs of processing the application and worked out how to apportion
the fees in relation to the charges to the individual concerned. The
process of enforcement is an integral part of the administration of any
system that is as complicated as the immigration system, which is why I
want a greater share of the enforcement budget raised from
fees.
There
is a separate question about transitional pressures created on public
services by a rapid change in communities. Last year, I said that a
rapid change in some communities
has created feelings of unsettlement. Public services are sometimes put
under transitional pressure, which is why the Green Paper makes the
case for asking for an additional contribution from migrants before
they become citizens to help public services in some parts of the
country to deal with those pressures.
The scope of the regulations is
narrow and confined. It is concerned only with the
contribution that migrants and sponsoring organisations ought to make
to the broader process of both administration and enforcement as part
of that overall strategy. Many of the changes that we are proposing
this year are important not only to correct the pressures that have
built up on Britains borders in the past, but to ensure that we
have strong, robust and integrated border security for the
future.
Question
put:
The
Committee divided: Ayes 8, Noes
1.
Division
No.
1
]
Question
accordingly agreed to.
Resolved,
That
the Committee has considered the draft Immigration and Nationality
(Fees) (Amendment) Regulations
2008.
Committee
rose at ten minutes to Five
oclock.