Memorandum submitted by the Ministry Division
of the Archbishop's Council of the Church of England
EXECUTIVE SUMMARY
The points based system requires migrants who
are ministers of religion and members of religious communities
to prove they speak English more proficiently than any other migrants.
The churches entirely support the principle that
all UK citizens and inhabitants must accept the constraints imposed
by laws properly made. But it is hard to see that this rule is
an effective or proportionate way to achieve any objective except
to make it harder for many Christians and other perfectly benign
ministers of religion to come here, and making it more difficult
for the churches to maintain their ministry to indigenous congregations
and to migrant communities.
On 14 January 2009 in a delegated legislation committee
Labour and Conservative Members spoke strongly in favour of the
requirement being changed.[61]
The shadow Home Secretary said:
"As (the Minister) knows, we are in favour
of English language tests for those who come to this country permanently,
so we do not want such tests brought into disrepute. It seems
that with this part of the regulation, the Government are in danger
of doing so".
1. How exactly does the PBS impact on the
churches?
The new system requires all religious workers
in Tier 2 to demonstrate a higher level of English language proficiency
than any one else coming here has to. The Government's policy
guidance says this is "because of the need to communicate
with worshippers".[62]
We are not entirely sure what this means in practical terms, but
we will put difficulties of definition aside.
As well as setting the unwelcome precedent that the
Borders Agency may decide what skills are needed for particular
occupations, this rule threatens the churches' ability to provide
effective ministry both to indigenous congregations and to communities
originating from overseas; and it prevents members of religious
orders (who do not generally need to `communicate with worshippers'
in the sense we think is meant) living and working with their
brothers and sisters in the UK.
2. Is this a new rule?
The Minister's position is that the higher language
requirement is a legacy from the old system; an assertion we contend.
The policy he refers to was only adopted in April 2007, following
a perfunctory consultation, and reasoned protest from the churches.
It was effected by introducing a basic requirement in 2004, then
ratcheting up to a much higher level.
Nor was the policy broadly applied. It applied just
to ministers of religion, at a time when there were several other
routes available to religious workers. Furthermore, there was
a caveat that `discretion could be applied where there was evidence
that an individual spoke competent English'. Indeed, UKBA have
been unable to provide us with evidence that the 2007 policy was
ever applied in practice. On this wobbly pedestal the Agency has
placed a sweeping rule for all religious workers, even members
of contemplative religious communities—a rule that does
not apply to doctors or nurses, engineers or teachers.
We contend that there have been two changes
in policy. Firstly, to apply a regulation that was not previously
applied in practice. Secondly, to apply it to groups—such
as members of religious orders—to whom it has not applied
before.
3. Difficulties with the language test
We offer the particular example of a Korean
novitiate. This young man speaks English fluently and is able
to articulate fully his experience of university life in the United
States, where he achieved an MSc in Psychology and Counselling,
and a Masters in Divinity from Princeton Theological Seminary.
Nevertheless, having taken the test last month, he failed to achieve
the Agency's minimum score for religious workers, despite comfortably
reaching the score that would qualify any other Tier 2 migrant.
But because he wants to live in a religious order this is not
good enough (in this case, he admits a reason for this may have
been his struggle to understand some of the regional accents in
the listening comprehension).
We suspect that there are many indigenous skilled
workers who also might not pass this test.
4. Is it right for UKBA to determine the level
of English needed by religious workers?
In January's debate in the Delegated Legislation
Committee, addressing the anomaly of hovercraft engineers needing
a lower standard of English than religious workers, Mr Woolas
said:
"The skills required for a position such
as that of a hovercraft engineer would also be subject to test
alongside the English language test. Someone who could not perform
the task in that particular example of the hovercraft engineer
would not be eligible under the points-based system, because of
the skill requirement, and indirectly as a result of the language".
We think the Minister's argument is sound, and
that it holds too for ministers of religion. Any vocational language
requirement, over and above that generally required of migrants
to this country, ought to be a matter for the sponsor. If the
Agency doubts a sponsor's ability to responsibly determine any
appropriate additional language requirement it is open to the
Agency not to issue that sponsor a licence.
It has long been the tradition that the State
does not interfere in the licensing of ministers or the conduct
of worship, as long as there is no conflict with the general law.
Even in the special case of the Church of England, there has been
no attempt by the Government to interfere with worship since the
rejection of the revised Prayer Book in 1928. This immigration
policy, with its unfortunate impact on the churches, appears to
mark a departure from that traditional relationship, and is an
additional cause for concern on the part of the churches.
5. The need for foreign-language ministry
As Mr Jim Cousins (Newcastle upon Tyne, Central)
(Lab) and Mr Peter Bottomley (Worthing, West) (Con) affirmed in
the Commons Delegated Legislation Committee debate, ministry in
languages other than English can be crucially important for churches
whose membership is largely made up of migrants from non-EEA countries.
For example, the Ethiopian Orthodox community needs to be served
by a priest who speaks Amharic and can officiate in Ge'ez, the
liturgical language of the Church. Fluent English is no doubt
desirable—but fluent Amharic is essential.
6. What will the impact be on community cohesion?
International exchange has always been a significant
aspect of church life. Cross-cultural exchanges enable the churches
to look outwards and meet their commitment to providing support
for the integration of migrant groups, which in turn helps to
foster cohesive communities. The Government rightly attaches enormous
importance to the promotion of social cohesion; but a policy that
makes it more difficult to minister to immigrant groups can only
run counter to that objective.
8. What have the churches done to make the
Minister aware?
Both Lord Avebury and the Bishop of Ripon and
Leeds raised the question of the extremely high English language
level when the House of Lords debated the immigration rules on
25 November 2008.[63]
There was no adequate answer given at the time.
On the 11 December 2008 the Bishop, along with the
Moderator of the Free Churches and the Roman Catholic Bishop of
Southwark wrote to the Home Secretary raising their serious concerns
and requesting an urgent meeting with the Minister for Borders
and Immigration and the Minister for Communities and Local Government.
To date they have had no reply. A copy of that letter is attached
for your information.
On 14 January 2009 in the Delegated Legislation
Committee both Labour and Conservative Members spoke strongly
in favour of the English Language requirement being changed.[64]
The Minister assured the Committee that, "Reported problems,
if they turn out to be real, are a result of implementation, not
of policy, so it is incumbent upon me to give to the Committee
the commitment that the issues will be addressed". Problems
with implementation are real, but we have had no indication that
they are being addressed.
RECOMMENDATION
We recommend that the language requirement for
Tier 2 religious workers be brought into line with the requirement
for any other workers in that tier.
March 2009
61 http://www.publications.parliament.uk/pa/cm200809/cmgeneral/deleg5/090114/90114s01.htm Back
62
UKBA Tier 2 Policy Guidance //170 Back
63
http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/81125-0011.htm Back
64
http://www.publications.parliament.uk/pa/cm200809/cmgeneral/deleg5/090114/90114s01.htm Back
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