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Immigration and Social Security Co-ordination (EU Withdrawal) Bill

30 June 2020

Proposing MP
Argyll, Bute and South Lochaber
Type
Bill Debate

At a Glance

Issue Summary

The statement discusses a new clause proposing an independent evaluation of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill's impact on the health and social care sectors across the UK. The statement discusses new clauses and amendments to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on issues such as automatic indefinite leave for children in care or entitled to support, limitations on immigration detention, impact reports, healthcare worker exemptions from fees, and devolving powers over EU nationals. Brendan O'Hara is proposing a new clause for an independent evaluation of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill's impact on the health and social care sector. Tim Loughton discusses concerns about EU child immigrants not being adequately registered under the settlement scheme. The statement discusses new clause 29 of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which aims to ensure a scheme similar to Dublin III is in place after Brexit for vulnerable children with family links in the UK. The statement addresses the ongoing issue of migrant health and care workers having to pay the NHS surcharge despite the government's commitment to scrap it. The statement addresses concerns about the Immigration and Social Security Co-ordination (EU Withdrawal) Bill's impact on healthcare professionals and the NHS. The statement discusses the issue of indefinite immigration detention in the United Kingdom and calls for a 28-day limit on such detentions. The statement addresses the failure of the Home Office in managing deportations of serious offenders and the impact on vulnerable individuals. The statement addresses concerns about the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and its impact on families, businesses, and EU nationals. The statement discusses new clause 2 of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which aims to provide automatic settled status for all children in care and care leavers. The statement discusses the impact of proposed immigration policies on vulnerable groups, including lone child refugees and social care workers. The statement discusses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on the use of immigration detention for foreign national offenders. The MP discusses supporting vulnerable children's EU settlement scheme applications to prevent another Windrush situation. The statement discusses the impact of Brexit and new immigration policies on the creative industries in the UK. The statement addresses concerns regarding the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and its impact on immigrants in essential services. The statement discusses the impact of immigration policies on Scotland's population growth and agricultural sector. The statement discusses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, emphasizing its importance in establishing an immigration system that works for Britain. The statement criticizes the UK Government's proposed Immigration and Social Security Co-ordination (EU Withdrawal) Bill for its perceived hostile approach towards immigrants and its potential negative impacts on essential workers and vulnerable migrant communities. The MP discusses the flaws in the UK's immigration detention system and its negative impact on vulnerable individuals seeking asylum. The statement discusses the proposal to limit indefinite immigration detention as outlined in new clause 7 of the Bill. The statement discusses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, addressing issues related to immigration control, rights of EU citizens, NHS workers' visas, and Commonwealth veterans. The MP discusses the challenges faced by local authorities in providing care for young immigrants and supports additional funding for such care. The MP also advocates for a 28-day limit on immigration detention, citing humane treatment principles. The statement addresses issues within the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on the treatment of trafficking victims and the broader implications of the hostile environment policy. The speaker discusses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill and proposes a 28-day limit on administrative detention for immigration purposes. The statement discusses new clauses in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill that address concerns over the impact of ending freedom of movement, particularly for Northern Ireland and Irish citizens. The speaker supports new clauses aimed at ensuring EU citizens' settled status and comprehensive sickness insurance requirements, addressing concerns over immigration and social security coordination following the UK's withdrawal from the EU. The statement addresses concerns about the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on issues related to vulnerable children and the surcharge. The statement discusses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, which aims to end free movement from the EU and introduce a points-based immigration system. The MP discusses the importance of protecting the social care sector and addressing staffing shortages. The statement addresses various aspects of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on social security co-ordination, health and care visas for workers, and immigration detention reforms. The statement addresses the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, focusing on new clause 2 which aims to protect vulnerable children in care and care leavers. The statement discusses the rejection of new clauses in the Immigration and Social Security Co-ordination (EU Withdrawal) Bill aimed at addressing concerns related to health and social care impacts. The statement discusses a new clause regarding the rights of unaccompanied children and vulnerable adults to reunite with family members in the UK. Brendan O'Hara discusses amendments to limit the scope of powers conferred on certain bodies under the Immigration and Social Security Co-ordination (EU Withdrawal) Bill.

Action Requested

The clause would require the Secretary of State to commission an independent evaluation and lay a report before Parliament within one year of the Act being passed, ensuring consultation with devolved nations and other relevant parties. Additionally, arrangements for debating and voting upon the report in both Houses must be made within six months.

Key Facts

  • The clause requires the Secretary of State to appoint an independent person to undertake the evaluation.
  • Devolved nation ministers (Scottish, Welsh, Northern Ireland) must consent to the appointment of the evaluator.
  • The evaluation will assess the effects on the health and social care workforce, efficiency and effectiveness of sectors, adequacy of public funding, among other relevant matters.
  • Consultation is required with various stakeholders including providers and recipients of health and social care services.
  • The report must be laid before Parliament within one year of the Act being passed.
  • Debates and votes on the report are to take place six months after its presentation in both Houses.
  • New clauses include provisions for automatic indefinite leave to remain for children in care or entitled to support under the EU Settlement Scheme.
  • Proposes limitations on immigration detention periods for EEA and Swiss nationals.
  • Requires a report detailing impacts of no recourse to public funds, NHS charging, granting citizenship to health workers, removing application fees, and devolution of powers before implementation.
  • Exempts healthcare and social care workers from Immigration Health Charges.
  • Proposes remote areas pilot scheme for EEA and Swiss nationals.
  • Aims to prevent landlords from carrying out immigration checks on EEA/Swiss nationals under Right to Rent scheme.
  • Suggests differentiated immigration rules for people losing free movement rights.
  • Ensures EU citizens, EEA nationals, and Swiss citizens are not subjected to hostile environment measures.
  • New clause 1 seeks an independent evaluation of the Bill's impact on the health and social care sector.
  • As of September 2019, NHS England reported 120,000 unfilled posts, a rise of 22,000 from the previous year.
  • The Nuffield Trust estimates that providing one hour of care to an elderly person with high needs would require 50,000 additional home care workers and 90,000 for two hours' care.
  • One in four health and social care workers is aged 55 or over and due to retire within a decade.
  • By the end of March quarter, 3,147,000 people had concluded their applications under the EU settlement scheme.
  • Only 14% of those who applied were children.
  • Non-Irish EU citizen children are estimated to make up more than 20% of the non-Irish EU population in the UK.
  • A survey by the Children’s Society found that only 730 out of an estimated 3,612 such children had applied for status.
  • Of those who applied, only 11% were granted status with 122 having pre-settled status.
  • The Dublin III scheme ends in six months without a replacement.
  • Government has committed to ensuring a scheme at least as good as Dublin III after Brexit.
  • Few hundred specifically identified children would qualify under this scheme, mostly through agencies operating in refugee camps.
  • The speaker highlights a record of taking almost 20,000 refugees under the Syrian scheme and investing over £2.3 billion.
  • The NHS surcharge for migrant health and care workers is described as ‘appalling, immoral and monstrous’ by Lord Patten.
  • The Royal College of Nursing's general secretary stated that it 'is a shame it took this pandemic for the government to see sense'.
  • EveryDoctor conducted a poll and received responses from 55 doctors who have had to pay the charge since May 21.
  • Dr Olivia Misquitta paid the health surcharge twice in seven months, most recently on June 24.
  • Dr Ahmed Bani Sadara had to pay for himself, his wife, and his six-month-old daughter when changing visa status.
  • The health surcharge must be addressed through new clause 14 if clear assurances are not provided.
  • NHS trusts pay the immigration skills charge for non-EU professionals, which will apply to EU professionals after free movement ends.
  • Portsmouth Hospitals NHS Trust paid £972,000 in 2019-2020 and over £2 million since 2017; Lewisham and Greenwich NHS Trust paid £961,000 from 2017 to 2020.
  • Freedom of information requests reveal nearly £13 million has been taken from NHS budgets due to immigration skills charges since 2017.
  • There is currently no time limit for how long people can be held in immigration detention in the UK.
  • At the end of 2019, an individual was detained for 1,002 days.
  • The Home Office claims that 97% of detainees are foreign national offenders due to current covid-19 emergency arrangements; however, under normal circumstances, only 22% are classified as such.
  • Over the past five years, taxpayers have paid over £20 million in unlawful detention claims.
  • In May 2023, 40% of detainees were classified as 'adults at risk', indicating psychological fragility.
  • The Government conceded 850 cases of unlawful detention and paid out £8 million in a single year.
  • The Home Office listed 29 rapists, 52 violent offenders, 27 child sex offenders, and 43 other sex offenders.
  • There is a six-month delay built into new clauses 7, 8, 9, and 10 to allow the Home Office time to improve its deportation system.
  • The Bill extends anti-family migration rules affecting nearly 15,000 'Skype families'.
  • A tier 2 worker and family could incur £27,000 in Home Office costs.
  • New clauses seek to address issues like automatic rights for EU citizens, citizenship fees, and remote areas pilot schemes.
  • New clause 2 proposes automatic settled status for all children in care and care leavers.
  • Approximately 5,000 children in care and 4,000 care leavers are estimated to miss the deadline for applications on June 30, 2021.
  • Local authorities face challenges such as identification issues and lack of tax or benefit history, making it difficult to establish lawful status.
  • The government's draft text in transition negotiations downgrades support for lone child refugees.
  • New clause 29 aims to sustain safe legal routes for vulnerable child refugees.
  • New clause 30 calls for a proper assessment of the immigration system's impact on social care.
  • The Migration Advisory Committee reports that changes will increase pressure on social care.
  • The Bill symbolises Britain's ability to decide its own immigration rules post-Brexit.
  • 97% of people currently in immigration detention are foreign national offenders who have committed serious crimes like murder, rape, and child abuse.
  • Had a 28-day limit been imposed in December, it would have led to the release of 29 rapists, 27 child sex offenders, and 52 violent offenders including murderers.
  • Vulnerable children should have their EU settlement scheme applications processed.
  • A reciprocal arrangement with the EU is needed for the family reunion of unaccompanied asylum-seeking children.
  • Legal text was published in May to contribute to negotiations with the EU.
  • Creative industries employ approximately 3 million people in the UK.
  • Brexit and the end of the transition period pose challenges for the ability of creatives to travel and work internationally.
  • The speaker supports new clause 37 which asks for a report on the impact of changes to immigration rules for EEA and Swiss nationals.
  • 70% of people believe that immigrants played a key role in running essential services during covid-19.
  • 64% of people say they now value low-skilled overseas workers more than before.
  • The statement calls for investigating granting citizenship to health and social care immigrant workers.
  • Scotland attracted only 8% of immigrants between 2016 and 2018.
  • There were 7,000 more deaths than births in Scotland in 2019.
  • A farm in the speaker's constituency saw a 15% shortage of seasonal labour last year leading to an estimated loss of over 100 tonnes of produce.
  • The seasonal agricultural workers scheme was quadrupled from 2,500 to 10,000 workers.
  • The Bill enshrines the will of the British people expressed in the EU referendum.
  • Immigration policy is about control over laws, spending, and borders.
  • The MP highlights the importance of a points-based immigration system prioritizing skilled workers.
  • The Bill introduces multiple Henry VIII powers which remove scrutiny from future immigration systems.
  • A points-based system heavily restricts workers' access to public funds, putting them at risk of destitution.
  • Care workers and other essential jobs may be classified as low-skilled under the new system.
  • The UK is the only country in Europe without a time limit on how long someone can be held in immigration detention.
  • A recent report highlights despair among those detained, including incidents of self-harm.
  • The UK spends £90 million plus on immigration detention.
  • Detention centres like Yarl's Wood have been criticized for human tragedies over decades.
  • The MP seeks a system that considers legitimate asylum claims and expedites appeals processes.
  • The inquiry recommended a limit on detention in 2014.
  • Home Office policy states that detention must be used sparingly but reality differs.
  • A detainee has been held for three years, conflicting with Home Office aims.
  • Detention leads to deteriorating mental health and poor case working.
  • The Bill aims to control immigration post-Brexit.
  • EU citizens' rights will be protected.
  • Frontline NHS workers receive extended visas and fast-track entry under the NHS visa programme.
  • Commonwealth veterans face difficulties in obtaining indefinite leave to remain and incur high healthcare costs.
  • The Government announced an increase in funding rates for local authorities caring for young immigrants.
  • The amendment seeks to introduce a 28-day limit on immigration detention, similar to other European countries.
  • Detainees count up potentially getting lost in the system due to indefinite detention.
  • £8 million was paid out in unlawful detention cases in 2019.
  • New clause 26 would remove right-to-rent charges that were ruled as discriminatory.
  • New clause 28 aims to limit data sharing between public bodies and the Home Office for immigration enforcement purposes.
  • The current cost exceeds £500 per week per person in detention.
  • In 2017 alone, 27,331 people entered detention.
  • Over the past five years, £21 million has been paid out in damages for unlawful detention.
  • The new clause seeks to prioritise rights, opportunities, and treatment for Irish citizens within the UK.
  • Northern Ireland faces potential distortions due to the end of freedom of movement under the Ireland/Northern Ireland protocol.
  • Only voting is currently explicit in UK law regarding EU settlement scheme protections.
  • The University of St Andrews is the largest employer in the constituency.
  • Over 9,000 EU nationals in Fife have applied for settled status as of May 2020.
  • Nearly 4,000 applicants are still waiting for a decision or have pre-settled status only.
  • A British Futures report estimates that up to 175,000 EU citizens may end up with insecure immigration status.
  • The CSI requirement was introduced on May 15, 2021.
  • The constituency has over 7,000 EU residents.
  • Vulnerable children face difficulties with the settled status scheme due to limited documentation and social worker support challenges.
  • Social services are under severe pressure locally.
  • The Bill ends free movement of people from the EU.
  • A points-based immigration system is introduced.
  • The Home Office aims to avoid detention where possible through community engagement programmes.
  • The MP commends the work on a 'digital by default' system.
  • Sandwell General Hospital serves many constituents well.
  • New clauses 3 to 10 aim to extend time limits on immigration detention to 28 days.
  • There are over 120,000 vacancies in the UK's social care sector.
  • Research by the Nuffield Trust indicates that providing one hour of daily care would require approximately 50,000 additional home care workers in England alone.
  • From 2009-10 to 2018-19, 46% of growth in the UK social care workforce was due to foreign-born staff.
  • In London, more than two in five care workers are from abroad.
  • Social security co-ordination is transferred in respect of Northern Ireland and partially devolved to Scotland.
  • Clause 5 confers powers on Scottish Ministers or a Northern Ireland Department to legislate in areas of devolved competence.
  • The Scottish Government confirmed on 19 June that they would not recommend legislative consent for the Bill's clause 5 amendments.
  • A health and care visa will provide fast-track entry and reduced visa fees for eligible health and social care workers.
  • Salary thresholds under this system are based on national pay scales for doctors, nurses, and allied health professionals.
  • The UK immigration detention estate is now almost 40% smaller than it was in 2015 and of better quality.
  • In the year ending December 2019, 74% of individuals were detained for less than 30 days.
  • Since March last year, agreements have been in place with local authorities to ensure relevant children and care leavers receive support for securing their UK immigration status.
  • The Home Office has implemented a range of support services to assist local authorities and health and social care trusts in accessing help and advice.
  • A further survey will be conducted across the UK shortly to assess local authority progress in identifying all relevant cases.
  • New clause 2 proposes a declaratory system but is not necessary as individuals with reasonable grounds for missing deadlines can still apply for status under primary legislation.
  • The Minister refused to accept new clause 1.
  • Brendan O'Hara thanks Robert McGeachy from Camphill Scotland for his help.
  • New clause 1 aims to address the lack of an impact assessment and a mechanism to measure the Bill's effectiveness.
  • The Secretary of State must ensure that unaccompanied children, spouses, or vulnerable adults with legally present family members have the same rights as under Commission Regulation (EU) No. 604/2013.
  • Within six months of the Act being passed, the Immigration Rules must be amended to preserve the effect of the regulation for family reunion.
  • The Secretary of State is required to lay a strategy before both Houses of Parliament within six months.
  • Amendments are made to limit powers under clause 5 of the Bill.
  • The amendments seek to replace 'devolved authority' with 'Northern Ireland department'.
  • Brendan O'Hara is speaking on behalf of his constituency's interests regarding these legislative changes.
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