19 June 2006 / Issue 41

Immigration and Asylum

The noble Baroness said: My Lords, the regulations enable an authorised person to require any person who applies for entry clearance to provide a record of his fingerprints and a photograph of his face. The regulations also enable an authorised person to require any person who is in possession of a 1951 Refugee Convention travel document that is endorsed with an entry clearance and who seeks leave to enter the United Kingdom to provide a record of his fingerprints and a photograph of his face. In practice, an authorised person will be an immigration officer or entry clearance officer.

The regulations are made under Section 126 of the Nationality, Immigration and Asylum Act 2002. Section 126 provides that the Secretary of State may by regulations require an immigration application to be accompanied by specified information about the external characteristics of the applicant or enable an authorised person to require an applicant to provide such information.

For continuation of motion see:

http://www.publications.parliament.uk/pa/ld199900/ldhansrd/pdvn/lds06/text/60614-24.htm#60614-24_head1

Reply from James Plaskitt: I have had a number of representations from hon. Members. Since the inception of the national insurance system in 1948, the allocation of a number has never been designed to confirm that an individual has the right to live or work in the United Kingdom. However, in order to tighten the system further and to build on improvements that we already made in 2001 and again in 2004, we propose to introduce a right-to-work condition that will have to be satisfied before a number is issued.

Andrew Robathan: I am pleased that the Government have finally taken note of this matter, but it was six years ago, in May 2000, that Lord Grabiner brought out his report, which highlighted the issue of illegal immigrants making national insurance applications. Why has the change taken six years? Why has it taken the Home Office scandals and fiasco to bring focus to this matter? I hope that the Minister will not tell us that the Government did act in 2000 and that everything was rosy, because if it was, why did they need to change the rules last week?

Reply from James Plaskitt: The hon. Gentleman should refresh his memory of what Lord Grabiner actually said. In paragraph 4.15 of his report, he said:

“It is unlikely that a large proportion of illegal immigrants claim benefits...However, to the extent that they do...this is likely to be linked to...identity fraud.”

His specific recommendation was about identity fraud. We enacted it within a year by the introduction of the enhanced national insurance allocation system. In 2004, we amended his Government’s legislation to strengthen the controls that employers have an obligation to put into place. The third improvement that we are making is to introduce the right-to-work condition. He should welcome that.

Reply from James Plaskitt: An employment-related national insurance number would usually be issued to third country nationals only if they presented proof of employment. If our officials had grounds to suspect illegal working, the matter would be referred to the immigration and nationality directorate. Our proposed right-to-work check will strengthen those arrangements.

Furthermore, possession of a national insurance number in itself is insufficient evidence to gain access to social security benefits. Robust checks to confirm identity, as recommended by the Grabiner report, are in operation.

David Jones: The Minister has already quoted Lord Grabiner. However, is he aware that last week Lord Grabiner said: “One of my key concerns was that if you got hold of an NI number then it gave you access to all kinds of benefits—everything that was going.”? Is not the Minister’s inability today to give an estimate of the benefits paid to illegal immigrants a further indication of the utter incompetence with which the Department has handled the issue?

Reply from James Plaskitt: I will again refer the hon. Gentleman to what Lord Grabiner said in his report, which is that “it is inherently difficult to give an accurate estimate of the numbers involved”. That was his opinion in 2000. His report did not refer to individuals’ right to work in this country being part of the national insurance application process.

Philip Hollobone: May I draw the Minister’s attention to illegal immigration in Kettering and the problem of legal migrants being subject to illegal terms and conditions of employment? Responsibility for those issues appears to fall somewhere between IND, the Paymaster General and the Department. Is the Minister satisfied that there is effective Government co-ordination between all three Departments on those matters?

Reply from James Plaskitt: There is some sharing of responsibility. However, the Conservative Government’s legislation—the Asylum and Immigration Act 1996—placed considerable responsibility on employers to establish whether people applying for a job had a right to work in the United Kingdom. We strengthened that legislation in 2004and we also implemented the Grabiner report’s recommendations. The system is therefore far more robust now than the one we inherited. We recently announced a further improvement.

Reply from Rosie Winterton: The immigration rules for permit free training were amended in July 2005 and the implications were discussed with the British Medical Association (BMA), postgraduate deans and overseas doctors groups.

Departmental officials discussed proposals to amend the regulations further at a meeting in January held by NHS employers which was attended by the Home Office and medical stakeholders, including British Association of Physicians of Indian Origin, British International Doctors Association, the BMA and representatives from the national health service.

http://www.publications.parliament.uk/pa/cm200506/cmhansrd/cm060612/text/60612w0867.htm#06061317000052
Peter Bone [76566]: To ask the Minister of State, Department for Constitutional Affairs what average time was taken by the Asylum and Immigration Tribunal to process an appeal in relation to asylum seekers and immigration cases in the latest period for which figures are available.

Reply from Bridget Prentice: In the financial year 2005-06, the average time taken to promulgate immigration judge appeals in asylum cases was 15 weeks and in immigration cases, 14 weeks.

Reply from Baroness Scotland of Asthal: The previous Minister for Immigration and Asylum met representatives of Church Action against Poverty on 17 May to discuss the support available to failed asylum seekers. He confirmed that options for providing assistance to failed asylum seekers—including the possibility of them taking paid work—were being kept under review.

Reply from Baroness Scotland of Asthal: My Lords, the Department for Work and Pensions Labour Force Survey estimates that there are 2.8 million persons working in England who were born abroad. That figure includes EU citizens, settled migrants and migrants who have subsequently obtained British citizenship.

Baroness Shephard of Northwold: My Lords, I thank the Minister for that reply and for its clarity. She will be aware that there have been a number of professions of ignorance from senior officials and from her fellow Ministers about the exact number of migrant workers, both legal and illegal, in this country. Does she accept that the extremely large, and often unacknowledged, number of migrant workers who are here legally and illegally put a great deal of pressure on local services, and that because they are often unacknowledged things are extremely stretched at the coal face of local provision? Would she like to explain to the House how the Government plan to cope with the extra service needs created by those workers at local level if their knowledge of the number concerned is a bit vague?

Reply from Baroness Scotland of Asthal: My Lords, first, perhaps I may say to the noble Baroness that the knowledge of the number of migrant workers who work here legally is not vague. Secondly, migrant workers make an extremely large and valuable contribution to our country that far outweighs any use of our resources. We have no indication that they make a disproportionate drain on any services in this country.

Race Relations

Race Equality

Reply from Margaret Hodge: The administration of Jobcentre Plus is a matter for the Chief Executive of Jobcentre Plus, Lesley Strathie. She will write to the hon. Member.

Letter from Lesley Strathie:

The Secretary of State has asked me to reply to your question asking what guidance has been given to jobcentres including Jobcentre Plus Partnerships on the restricting of references to a geographical area to meet the requirements of race relations legislation. This is something which falls within the responsibilities delegated to me as Chief Executive of Jobcentre Plus.

Jobcentre Plus guidance states that employers are permitted to set out requirements in job advertisements, such as the arrangement of transport from an allocated location to take employees to and from a place of work. Where an employer wishes to state that potential applicants must reside in a particular town or city this cannot be accepted, as it may exclude some groups of people.

Jobcentre Plus must ensure that it meets its obligations under equal opportunities legislation. Where Jobcentre Plus staff have concerns that an employer is placing restrictions that may exclude potential applicants, they advise the employer of this and suggest alternative wording.

Reply from Nick Harvey: As at 31 March 2006, the House had 79 senior staff, 72 of whom have declared their ethnicity. One of these senior staff (1.4 per cent.) is identified as of minority ethnic origin.

Racism

Other Holyrood

New Publications

Other News

VAF supports communities in promoting equality and social change. The organisation works nationally with a range of stakeholders and agencies as well as small to large voluntary and community organisations. The closing date for applications is 30 June. For information contact Susan Connell: 01383 620780 or see http://www.voluntaryactionfund.org.uk/news-and-events/ (includes downloadable application form)

Bills in Progress

** New or updated this week

Bill http://www.scottish.parliament.uk/business/bills/61-adoptChild/b61s2-introd.pdf

Stage 1 evidence from the Muslim Association of Britain, Bishops’ conference of Scotland, CARE for Scotland, Church of Scotland, Scottish Interfaith Council and Scottish Executive

http://www.scottish.parliament.uk/business/committees/education/or-06/ed06-1502.htm#Col3353

Adult Support and Protection Bill

Bill http://www.scottish.parliament.uk/business/bills/62-adultSupport/b62s2-introd.pdf

Stage 1

Bill as passed

Stage 2

Bill http://www.scottish.parliament.uk/business/bills/55-criminalProceedings/b55s2-introd.pdf

Stage 1

Interests of Members of the Scottish Parliament Bill

Bill as passed

Bill http://www.scottish.parliament.uk/business/bills/56-legalProfession/b56s2-introd.pdf

Stage 1

Police, Public Order and Criminal Justice Bill (Justice 2)

Bill as passed

Report commissioned by the Committee

‘Celebrating St Andrew’s Day – An Assessment of the Economic, Social and Cultural Costs and Benefits’

http://www.scottish.parliament.uk/business/committees/enterprise/papers-06/ecp06-16.pdf

Stage 1 consideration of above report

Bill as passed

Second Reading

Second Reading House of Lords

Consultations (closing date)

(8 September)

Events/Conferences/Training Courses

** New or updated this week

20 June in Dundee

27 June in Stirling

4 July in Stornoway

Half-day seminar to raise awareness of sectarianism and religious intolerance within the context of the youth work sector; develop a clearer understanding of the “Don’t Give It, Don’t Take It” resource which has been developed to help challenge sectarianism and religious intolerance in Scotland and discuss methods of challenging sectarianism and religious intolerance within the youth work sector, including sharing good practice examples. For information contact please contact Youth Scotland 0131 554 2561 / antisectarian@youthscotland.org.uk or see booking form

http://www.vds.org.uk/information/docs/articles/pdf3A5%202pp%20Anti%20Sectarian.pdf

19 June in Glasgow

SCVO workshop including: How to strike the right balance between governance and management; What committees need to know and how to make sure they know it; Staff and committees – how they can best support each other; How to know if your committee is working well and what you can do if it isn’t; How to help committees develop to meet the needs of a changing organisation. For information contact: Russell Gunson: 0131 474 6179 / governance@scvo.org.uk
**this week!

OSCR at The Gathering

19 June 2006 in Glasgow

'Meet the regulator' session to meet OSCR staff and ask any general issues or questions on a one-to-one basis. Teams will be available to answer queries on four key aspects of the new legislation: The Scottish Charity Register, New applications for charitable status, Consents and Notifications and Compliance Support. For information contact Mark Simpson mark.simpson@oscr.org.uk
**this week!

The Gathering

19-21 June in Glasgow

The largest charity and voluntary sector fair in the UK, organised by the Scottish Council for Voluntary Organisations. In 2005 more than 4,500 people visited the 180 exhibitors and attended the many conferences, seminars and workshops that took place during the three-day event. The gathering 2006 will be even bigger, bringing together more voluntary organisations, more companies and more visitors. For information see

http://www.gatherscotland.org.uk/Home/Home.aspx
**this week!

Refugee Week

19 – 25 June 2006

Refugee Week is a UK-wide programme of arts, cultural and educational events that celebrate the contribution of refugees to the UK, and promote understanding about the reasons why people seek sanctuary. For information see http://www.refugeeweek.org.uk/AboutUs/

For events taking place during Refugee Week see http://www.refugeeweek.org.uk/Events/calendar.htm

21-25 June in Glasgow

The CIVICUS World Assembly is a forum for international civil society representatives to get together, exchange ideas, experiences and build strategies for a just world. For information see http://www.civicusassembly.org.uk/English/Home/Home.aspx

21 June in East Renfrewshire

Conference about the experience of violence against minority ethnic women. For information contact Naheed Asghar 620 1890 / nasghar@arklet.org.uk
**this week!

More Than Skin Deep: Multiple discrimination in Britain today

21 June 2006 in Glasgow

A panel of dynamic women from across Scotland will reflect on their own perspectives of multiple discrimination including multiple discrimination - particularly for minority ethnic women; what diversity brings to Scottish life and how to achieve change. For information contact Rosemary Kilduff scotland@eoc.org.uk or see

http://www.eoc.org.uk/Default.aspx?page=18293
**this week!

International links: how can we work better together – or is it all a waste of time?

21 June 2006 in Glasgow

The ‘overlap day’ between the Gathering and the CIVICUS World Assembly is an ideal opportunity for the Scottish voluntary sector to come together to welcome and mix with CIVICUS delegates arriving from almost 100 countries across the world. This fairly informal event is designed to facilitate and encourage sharing of experiences and perspectives on some of the commonalities and differences in our respective worlds. For information contact Fiona Talcott 0131 556 3882 / fiona.talcott@scvo.org.uk
Discrimination advice and the Commission for Equality and Human Rights: how can we make sure people have access to advice and justice?

26 June in Edinburgh

What does the advice sector expect from the CEHR? How can advice agencies and equality organisations work together - and with the CEHR - to make sure people can get advice? What needs to happen to make it work - what are the barriers and challenges, opportunities, what's already happening? For information contact Nick Hurst nick.hirst@citizensadvice.org.uk
ESOL and Citizenship in Scotland

27 June 2006 in Stirling

Since 2002, aspirant new Scots have needed to demonstrate competence in the English language, as well as knowledge of life in the UK, in order to become British citizens.  The event will inform participants about the work of the pilot projects for ESOL and citizenship, share best practice in citizenship education and materials development, and will set citizenship and ESOL in a clear Scottish context. For information contact Jamie Mitchell 01786 892020 or see http://www.sfeu.ac.uk/sfeu_mycpd_admin/uploads/mycpduploads/Programme_C1454_(249kb).pdf

19 September in Inverness

Seminar exploring the myths and facts surrounding the six equality strands - race, gender, disability, religion and belief, sexual orientation and age. For information phone or e-mail 01463 258800 / enquiries@fairwayshouse.org.uk
Current Issues in Asylum

10 October 2006 in Glasgow

Useful Links