| Previous Section | Index | Home Page |
The Parliamentary Under-Secretary of State for the Home Department (Mr. Alan Campbell):
First, may I congratulate the right hon. Member for Maidstone and The Weald (Miss Widdecombe) on securing this important debate and on raising, at the core of her remarks,
constituency matters with her usual diligence? I am grateful that she appreciates the need both to have clear rules and to enforce them, and also for her understanding of the problems that sometimes occur when they are applied to an individual. For Members of Parliament, that becomes more obvious when constituency cases are involved.
The right hon. Lady raised three cases. As she may know, we do not comment on individual cases, but let me give her two commitments. First, my hon. Friend the Minister for Borders and Immigration, who unfortunately cannot be present, will write to her separately about the specifics of the cases she has raised. Secondly, I will do my best to respond to her general concerns, which have been echoed by Members on both sides of the Chamber.
The UK Border Agency has recently undergone the biggest shake-up in its history and has coped with not only many legislative changes, but massive organisational ones. Its staff are trained to carry out their duties professionally and impartially, whether when considering applications for visas, asylum or further leave to remain, or when enforcing the immigration laws of this country and removing those who have no right to be here. The public would expect no less.
Let me also assure the right hon. Lady and other Members that there is no policy of pursuing soft targets, and that decisions must be made in accordance with the immigration rules. Those decisions are subject to appeal, either in the UK or from abroad, and are therefore scrutinised by the Asylum and Immigration Tribunal. Asylum decisions are also audited by UK Border Agency quality teams and, in the case of some asylum decisions, independently by the United Nations High Commissioner for Refugees. Further to this, the appointment of John Vine as chief inspector of the UK Border Agency provides for an independent, external assessment of the agency in both its UK and overseas dealings.
Andrew Mackinlay: The Minister said that the agency does not go for soft targets, but I have to tell him that that is not my experience. Single young men are like the Scarlet Pimpernel in that they move around and are difficult to find, but the agency picks up seven, eight or nine loving families in bed at six o'clock on a Sunday morning. That is what is happening, but not in my name, because it stinks. People experience the trauma of having their doors being banged on at six o'clock in the morning, when everyone knows where they are. What is going on is wholly unacceptable in this day and age. It is happening because politicians on both sides have played the numbers game, and-
Mr. Speaker: Order. The hon. Gentleman has already indulged in one very lengthy intervention, and the second was too long. I hope we will not have a repetition of that performance.
Mr. Campbell: I shall consider the subject of removals in a moment, but I was making the point that there is no policy of going for soft touches, and if the assumption-or accusation-is that the agency is not pursuing the hard cases in every way that it can, I can assure my hon. Friend and others that that is not so.
Miss Widdecombe: The Minister spoke about the agency staff having to operate within the rules. At what level do discretion, judgment, compassion and reason enter?
Mr. Campbell: Staff are properly trained to work within the rules. Of course there will be some leeway and discrepancy in individual cases, but it is important to ensure that those rules are applied impartially. I am trying to explain that that is necessary not only in the first instance of contact with individuals, but throughout the handling of a case. It is, however, also important to have in place appeal mechanisms, and beyond, to ensure that cases are dealt with reasonably and within the rules.
As for the issue of those who are allowed to work in the UK, it is very important that we have an immigration system that is fit for the 21st century and protects the interests of not only Britain and British people, but foreign nationals who have legally settled here. That is why we introduced and are rolling out the flexible points system, which has the purpose of controlling the number of people coming to the UK from outside Europe and ensuring that they have the skills that this country requires. We cannot allow individuals to circumvent this system once they are already here.
The right hon. Member for Maidstone and The Weald is concerned about the implementation of the new civil penalties regime. We know that the way to tackle illegal immigration is to tackle illegal working. The availability of illegal work is often associated with breaches of legislation governing tax, health and safety, and so on, and it can act as an incentive for people to enter and remain in the country unlawfully. The experience of UKBA staff shows that illegal migrant workers tend to be found in jobs and occupations that are often considered unattractive by UK workers because of the hours, wages and working conditions that prevail. As a result, those migrant workers are exploited should they take those jobs on coming into this country.
That is why we introduced new measures on 29 February 2008 under the Immigration, Asylum and Nationality Act 2006 that distinguish between employers with less than adequate recruitment practices and the more serious cases where employers knowingly and deliberately employ illegal migrant workers. The measures include: a system of civil penalties for less diligent employers-I take the right hon. Lady's point about her view of the diligence in the case that she raised; a tough new offence of knowingly employing an illegal migrant worker, which applies to the more serious cases and can carry a penalty of up to two years' imprisonment and/or an unlimited fine; and a continuing responsibility on the employers of migrant workers to check their ongoing entitlement to work in the UK. Again, I note the points that right hon. Lady made about that responsibility.
UKBA takes an intelligence-led approach to operations and will target those whom it believes may not be complying with their obligations. Again, let me be clear that there are no soft targets. UKBA will issue civil penalty notices to any employers should it come across evidence of illegal working. Where evidence exists to show that an individual has been knowingly employing illegal migrant workers, consideration will be given to prosecution, as appropriate. The evidence in respect of
the notices that have been issued and the potential value in fines shows that we were right to bring in this tough legislation.
Let us consider the second case that the right hon. Lady raised and the general points arising from it. On her concerns about UKBA's application of the immigration rules to individual cases, I should say that the rules lay down the requirements that need to be satisfied by a person who seeks leave to remain as the spouse of a person present and settled in the United Kingdom. The first requirement is that the applicant has limited leave to enter or remain that was given in accordance with any of the provisions of the immigration rules. The only exception to that would be where, as a result of that leave, he or she would not have been in the UK beyond six months from the date on which he or she was admitted to the UK-on this occasion in accordance with the rules. The requirement prevents people admitted to the UK for six months as a visitor from switching into the category of spouse. I understand the particulars of the case that the right hon. Lady has described, but I am trying to set out the background to the rules.
We strongly believe that anyone who is coming to this country with the intention of settling on the basis of marriage should apply for spouse entry clearance in the proper fashion, from abroad-the right hon. Lady accepted that point. Before the no-switching requirement was introduced in April 2003, more than half of those who switched into the marriage category did so within six months of entry to the UK. I hope that I can set out why the rule is as it is. Many of those who switched intended to avoid rigorous examination of marriage applications by diplomatic posts abroad or the higher costs of obtaining spouse entry clearance compared with visitor entry clearance.
Some applications to UKBA for leave to enter or remain touch on article 8 of the European convention on human rights. Article 8, which is a qualified right, states that everyone has the right to respect for his or her private and family life. Restriction or interference with that right is permissible in order to maintain effective immigration control. When an application for leave to enter or remain contains an express or implied family life claim, caseworkers should complete a five-stage process, considering the following questions: does the claimant have family life in the UK; is it reasonable to expect the family to leave with the claimant; if there is interference with family life, is it in accordance with the law and the immigration rules, published policy and procedures; is the interference in pursuit of one of the permissible aims set out under article 8(2); and is the interference proportionate to the permissible aim?
In considering proportionality-item 5-caseworkers consider all relevant factors and no one factor is decisive. The prospective length and degree of family interruption involved is highly relevant, as is the person's immigration history. Any delay in considering the claim is relevant. Another factor is whether family members can or cannot reasonably be expected to join the person abroad when he or she makes his or her entry clearance application.
Miss Widdecombe:
I am grateful to the Minister for giving way. I have a feeling that he was about to embark on the point I want to raise, but in the case that I was
quoting-that of the Carpenters-it is not just that Mrs. Carpenter was expected to leave but that the Secretary of State expected all four of them to continue their lives outside the United Kingdom. That is outrageous.
Mr. Campbell: Yes, I understand the right hon. Lady's point. I am sure that that will be considered, as the case is still live, as I understand it. I do not want to comment specifically on it, but I am sure that that point will be made strongly when the case is considered by those whose job it is to consider such matters.
It is also open to a person to apply for leave to remain outside the immigration rules. The only two circumstances in which it will be necessary to consider granting leave to remain outside the rules will be in cases where someone qualifies under one of the published immigration policy concessions or for reasons that are particularly compelling in the circumstance. Such leave to remain outside the rules will inevitably be rare, and should be given only for genuinely compassionate reasons-I am sure that that will form part of the deliberations on the case-or where it is deemed absolutely necessary to allow someone to enter or remain in the UK when there is no other option available.
I cannot accept the accusation that we are targeting soft cases. I do not accept that, but I understand the concerns and frustrations of right hon. and hon. Members, particularly when it comes to constituency cases. It is important that we have strong rules and that they are applied fairly and consistently. It is also important that they can be challenged and that there are avenues of appeal. I understand that such appeals are still under way in some of the cases that we have discussed.
Let me say something briefly about removals and proper notice. Of course, one wishes and hopes that systems are humane and fair and, where possible, take into account all the characteristics of a case. If there is the threat that someone will be removed, it is not the case that they become aware of that threat only at the moment at which they are removed. Throughout the process, the implication and assertion is that there is a risk that they will be removed if they do not have a right to be here. The suddenness of that removal can of course cause concern, but to some extent it reflects the actions of the lowest common denominator in such cases. I am not commenting on the case mentioned by the right hon. Lady, but if a person is warned of the time of their removal, where it will take place and who will do it, in many cases they will choose to abscond. The long trail to find them will then be embarked on again and they will have to be tracked down at considerable expense. I understand the concern that has been expressed, but the difficulty of making judgments in these cases, and of carrying them out, needs to be appreciated.
I understand the frustration felt by the right hon. Lady and others across the House, especially in constituency cases. I want to reassure her, as far as I can, that cases are looked at properly and within the rules, and that there is no targeting of soft cases. All cases will be dealt with properly, and that includes the appeals process.
As I said at the outset, my hon. Friend the Minister for Borders and Immigration will write to the right hon. Lady on the specifics of the case. If she is not fully satisfied with this afternoon's debate, I hope that he will be able to address her concerns further.
Andrew Mackinlay: I rise on a parliamentary point. The Minister is a Member of Parliament, as am I. When we write to an agency, it is not unreasonable that our letter be given special attention-not because of who we are, but by virtue of our office. When Members of Parliament write on behalf of constituents, I ask that the matter is advanced, not as a privilege but because those Members have deemed it sufficiently important. It is not good enough for us to get a letter saying that our inquiry is in a queue-a practice that endures almost exclusively in UKBA. I hope that the Minister will reflect on that.
Mr. Campbell:
I shall certainly draw that to the attention of my hon. Friend the Minister for Borders and Immigration. He is at pains to make sure that our
system is strong and robust, but also fair and consistent. In addition, our system must give due attention to the work of Members of Parliament, and it is true that those who represent certain areas of the country devote a great deal of constituency time to such cases. I am sure that the Minister will have heard what my hon. Friend has said, and will take it into account.
5.17 pm
| Index | Home Page |