6Engagement by the UK Government
85.The report of the Smith Commission, established following the referendum on Scottish independence to agree what new powers should be devolved to Scotland, did not recommend devolving any aspect of immigration policy. It did, however, state that the five parties involved agreed that the UK and Scottish governments should work together to:
explore the possibility of introducing formal schemes to allow international higher education students graduating from Scottish further and higher education institutions to remain in Scotland and contribute to economic activity for a defined period of time.152
86.The UK Government’s response to the Smith Commission’s report stated that, in relation to the various areas which had been raised for consideration but where no recommendations had been made: “Initial discussions have either already taken place or are scheduled to occur over the coming weeks on all of these considerations, with productive conversations taking place between officials and Ministers on the scope and shape of future work between the two governments.”153 The Prime Minister confirmed, following the May 2015 general election, that he would remain true to the promise to implement the Smith Agreement.154
87.Since the Smith Commission’s report was published, there has been little evidence of discussions taking place between the UK and Scottish governments on this issue, and strong indications that the UK Government is not open to exploring the issue. As we noted above, the Government has also failed to engage constructively with the many other reports on this subject which have been produced by other parliamentary committees and bodies. One of the key reasons we undertook this inquiry was to investigate what progress had been made by the UK and Scottish Governments in exploring formal post-study work schemes for Scotland.
88.The Scottish Government’s evidence to us stated that they were pleased the cross-party Smith Commission recommended that the UK and Scottish Governments should work together on taking this forward.155 However, the Scottish Government told us they had been extremely disappointed by the UK Government’s lack of engagement on this issue. The Scottish Government Minister for Europe and International Development stated that the Scottish Government is willing to be as flexible and as open as they can with the UK Government, but they need “at least a hint or a detection that [the UK Government] are interested in exploring this issue as opposed to just putting up a brick wall against it.” Mr Yousaf said that it would useful to have input from the UK Government on areas of potential compromise.156 When the Minister for Immigration came to give evidence to us, he said he had not met with the Scottish Government on this issue, but told us he was happy to do so.157
89.Although the UK Government’s evidence to us acknowledged that “The Smith Commission commits the Scottish and UK Governments to work together to explore the possibility of introducing formal schemes to allow international higher education institutions to remain in Scotland and contribute to economic activity for a defined period of time”, it stated that the Commission had not recommended that the two Governments discuss the re-introduction of the former Tier 1 (Post Study Work) visa, and “there is no intention to do so.”158 The Minister for Immigration told us that he thought the current arrangements for post-study work were the most “appropriate”, and gave no indication that the Government planned to consider new post-study work schemes for Scotland.159 He went on to say:
When I look at the fundamental requirement of seeing that we have students moving into graduate level employment, when I look at the issues of abuse that we have had to deal with and the need to have a separation between study visa and a work visa [ … ] our judgment remains that the arrangements are appropriate and we have no current plans to change them.160
The Secretary of State for Scotland subsequently told us that “the UK Government believes that the policy as currently applies meets the Smith Commission agreement”.161 The Scottish Government disagreed with this view, and Mr Yousaf told us: “It is my view that the UK Government has not acted in accordance with the spirit of the Smith Commission in this regard.”162
90.Following our evidence session with the Minister for Immigration, the Scotland Office issued a Written Statement providing an update on non-legislative matters referred to in the Smith Agreement.163 In relation to post-study work, this failed to respond to the Smith Commission’s recommendation that the two governments work together on this issue, instead praising current arrangements for post-study work and reiterating its position that it did not intend to discuss reintroducing the Post-Study Work visa. We called the Secretary of State of Scotland to give evidence on this statement, and he told us that it had not been his intent to suggest work in this area was closed, and that he regretted “any misunderstanding that might have arisen in that regard”.164 When we asked how he would respond to the evidence we had received about the need for improving post-study work routes in Scotland, he told us:
If the [Committee’s] report shows that there are measures we can take to improve on the existing arrangements for the benefit of Scotland, of course I will take that forward.165
91.The Smith Commission stated that the UK and Scottish governments should “work together” to explore the possibility of introducing formal schemes to allow international higher education students graduating from Scottish further and higher education institutions to remain in Scotland and contribute to economic activity for a defined period of time. The UK Government has failed to engage on this issue, and its insistence that the schemes referred to by the Smith Commission already exist is plainly at odds with the recommendation made by the Commission. The lack of engagement by the UK Government is particularly disappointing given the overwhelming view from Scotland that the current system is not suitable and a better solution is needed. It is impossible to conclude anything other than that the UK Government is failing to fulfil the recommendation of the Smith Commission on this issue.
92.Although we have been disappointed with the Government’s engagement on this issue thus far, we welcome the Minister for Immigration’s confirmation that he is happy to meet with Scottish Ministers, and the Secretary of State for Scotland’s statement that he would take forward any improvements to existing arrangements we identified, which would benefit Scotland. That said, given the Scotland Office is meant to represent Scottish interests within the UK Government, it is disappointing that the Secretary of State for Scotland has so far failed to lead on an issue which is of such importance to Scotland.
93.We recommend, in line with the recommendation of the Smith Commission, that the UK Government enter into discussions with the Scottish Government to explore introducing formal post-study work schemes for international higher education students graduating from Scottish further and higher education institutions. The Secretary of State for Scotland should ensure that the UK Government responds positively to the recommendation made by the Smith Commission.
152 The Smith Commission, Report of the Smith Commission for further devolution of powers to the Scottish Parliament, November 2014, para 96 (2)
153 HM Government, Scotland in the United Kingdom: An enduring settlement, January 2015, para 9.3.2
154 Prime Minister’s Office, PM visit to Scotland: May 2015, 15 May 2015
156 Q86
157 Q138
159 Q172
160 Q174
161 Q215
164 Q181
165 Q217
© Parliamentary copyright 2015
Prepared 10 February 2016