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Lords motion to regret. Agreed to on division (159 to 95).
Lords motion to regret. Agreed to on division (159 to 95).
To ask Her Majesty's Government what plans they have, if any, to end the legal requirement for employers and others to check a person's immigration status; and what guidance they provide to those responsible for such checks.
To ask Her Majesty's Government what plans they have, if any, to end the legal requirement for employers and others to check a person's immigration status; and what guidance they provide to those responsible for such checks.
In common with other comparable countries, the UK has in place a framework of laws, policies and administrative arrangements to ensure access to work, benefits and services is only permitted for those who are lawfully present in the UK who have the right to access them.
The public expects us to enforce immigration laws approved by Parliament as a matter of fairness to those who abide by the rules and to protect tax-payer funded services.
As such, the government has no plans to end the legal requirement for eligibility checks on those accessing work, benefits and services.
Specific guidance is available on GOV.UK for those who are responsible for checking a person’s immigration status, such as employers and landlords, including how to undertake checks and avoid discrimination.
To ask Her Majesty's Government what assessment they have made of recent reports that 2,500 long-serving police officers and other police staff are working despite not having up-to-date vetting; and what steps they are taking to ensure that all serving police officers have been vetted.
To ask Her Majesty's Government what assessment they have made of recent reports that 2,500 long-serving police officers and other police staff are working despite not having up-to-date vetting; and what steps they are taking to ensure that all serving police officers have been vetted.
The Government recognises public concern around police vetting which is why the Home Secretary has recently commissioned Her Majestyâs Inspectorate of Constabulary Fire & Rescue Service (HMICFRS) to carry out an urgent thematic inspection of vetting and counter-corruption procedures in policing across England and Wales â including forcesâ ability to detect and deal with misogynistic and predatory behaviour.
Alongside this, the Home Secretary has also announced a two-part inquiry which will be able to look at the conduct of, and career of, the officer who murdered Sarah Everard as well as any wider issues across policing, including workplace behaviour and culture.
To ask Her Majesty's Government what steps they are taking to ensure that UK nationals will have parity with non-UK nationals regarding in person right to work checks from September.
To ask Her Majesty's Government what steps they are taking to ensure that UK nationals will have parity with non-UK nationals regarding in person right to work checks from September.
Employers are required to conduct right to work checks on all prospective employees including UK nationals. From 1 September, right to work checks will revert from the COVID-19 adjusted measures to face-to-face and physical document checks for those who cannot use the Home Office online checking service.
We are currently evaluating the potential for introducing the option for employers to use specialist technology, including identity document validation technology, to support right to work checks. At the same time, we must ensure we maintain the security and integrity of our system in the long-term.
To ask Her Majesty's Government what assessment they have made of whether digital IDs would (1) speed up the process, and (2) create an even playing field, for determining the right to work of (a) UK nationals, and (b) foreign nationals seeking to work in the UK; and what assessment...
To ask Her Majesty's Government what assessment they have made of whether digital IDs would (1) speed up the process, and (2) create an even playing field, for determining the right to work of (a) UK nationals, and (b) foreign nationals seeking to work in the UK; and what assessment...
We recognise the benefits increased digital checking capability could provide as employers move towards an increase in hybrid and remote working business models.
The Home Office’s online right to work checking service has been in operation since April 2018. It enables employers to undertake free digital checks on prospective employees with a valid biometric residence card or permit, status under the EU Settlement Scheme or the new Points-Based System, and those granted a BNO visa.
Since January 2019, employers have been able to rely on the online right to work checking service to check a prospective employee’s immigration status. From then until the end of March 2021, there were over 1.3 million views by individuals and over 390,000 views by employers carrying out right to work checks digitally.
We are currently evaluating the potential for introducing the option for employers to use specialist technology, including identity document validation technology, to support right to work checks. This may provide a permanent digital option for those unable to use the Home Office online checking service, including UK and Irish citizens.
We are discussing with representatives from employer groups the value of such technology, whilst ensuring we maintain the security and integrity of our system in the long-term.
To ask Her Majesty's Government how EEA nationals with settled or pre-settled status will be covered by the Right to Rent scheme checks after 30 June; and what the position will be for EEA nationals who are (1) tenants, or (2) prospective tenants, but fail to apply for the EU Settlement Scheme...
To ask Her Majesty's Government how EEA nationals with settled or pre-settled status will be covered by the Right to Rent scheme checks after 30 June; and what the position will be for EEA nationals who are (1) tenants, or (2) prospective tenants, but fail to apply for the EU Settlement Scheme...
EEA citizens with settled or pre-settled status granted through the EU Settlement Scheme will evidence their right to rent digitally using the Home Office online service on GOV.UK, ‘prove your right to rent in England’.
https://www.gov.uk/prove-right-to-rent
Where the landlord has carried out checks, in the prescribed manner, on or before 30 June, there is no requirement to carry out retrospective checks or evict a tenant, as they have a continuous statutory excuse against liability for a civil penalty.
Where an EEA citizen has reasonable grounds for missing the EUSS application deadline, they will be given an opportunity to make a late application. Any EEA citizen encountered by Immigration Enforcement after 30 June 2021, who may be eligible to apply to the EUSS, will be issued with a notice which provides a further 28 days for the individual to submit their application.
To ask Her Majesty’s Government what plans they have to end online right-to-work checks for United Kingdom nationals.
To ask Her Majesty’s Government what plans they have to end online right-to-work checks for United Kingdom nationals.
My Lords, from 21 June, right-to-work checks will revert from the Covid-19-adjusted measures to face-to-face physical document checks for those who cannot use the Home Office online checking service. We are currently evaluating the potential for introducing specialist technology, including identity document validation technology, into the right-to-work checking service. This would provide a permanent digital option for those unable to use the online checking service.
My Lords, from 21 June, right-to-work checks will revert from the Covid-19-adjusted measures to face-to-face physical document checks for those who cannot use the Home Office online checking service. We are currently evaluating the potential for introducing specialist technology, including identity document validation technology, into the right-to-work checking service. This would provide a permanent digital option for those unable to use the online checking service.
My Lords, from 21 June, right-to-work checks will revert from the Covid-19-adjusted measures to face-to-face physical document checks for those who cannot use the Home Office online checking service. We are currently evaluating the potential for introducing specialist technology, including identity document validation technology, into the right-to-work checking service. This would provide a permanent digital option for those unable to use the online checking service.
To ask Her Majesty’s Government what plans they have to end online right-to-work checks for United Kingdom nationals.
Well, I am glad my noble friend feels he got a positive Answer because, in fact, employers have been very positive about the temporary measures we have put in place. It is not about “junking it”; it is about the fact that it has been a temporary measure. Obviously, legislation has
not been changed in this regard, and we made it clear that we would revert to the full checking regime in line with the lifting of social distancing measures. But I hope that my noble friend is encouraged by the moves we intend to make going forward.
Well, I am glad my noble friend feels he got a positive Answer because, in fact, employers have been very positive about the temporary measures we have put in place. It is not about “junking it”; it is about the fact that it has been a temporary measure. Obviously, legislation has
not been changed in this regard, and we made it clear that we would revert to the full checking regime in line with the lifting of social distancing measures. But I hope that my noble friend is encouraged by the moves we intend to make going forward.
My Lords, I thank my noble friend for what has the feeling of being, perhaps, an encouraging Answer. The online verification of right to work during Covid has been a huge success for the Home Office. The system works really well; no one I have spoken to is aware of any serious issues. It avoids frauds; it is much more efficient and effective for companies; and it really promotes remote working, helping people in unemployment blackspots get jobs many miles away. What is the reason for junking it? Who benefits? I really do not understand.
The answer is actually quite clear: we need to check the security of what might go forward. We are undertaking a review of the value of using specialist technology, including identity document validation, in supporting the system of digital right-to-work checks to include UK and Irish citizens, as they are not in scope of the Home Office online checking services.
The answer is actually quite clear: we need to check the security of what might go forward. We are undertaking a review of the value of using specialist technology, including identity document validation, in supporting the system of digital right-to-work checks to include UK and Irish citizens, as they are not in scope of the Home Office online checking services.
If the temporary measure has been successful and there is no need for return to physical right-to-work checks, why not continue with the temporary measure? We do not really seem to have had an answer to that question.
Well, I am very grateful to the noble Lord for a heads-up this morning, and it is important to say to him that Brexit has not changed the rights of foreign nationals to access schools. State schools do not have a role in policing the immigration system. Independent schools, with sponsor licences, do have an explicit duty to have documents proving the right to stay in the UK. I do not know the details of the noble Lord’s case, but I would be most grateful to have some further detail, and perhaps we can discuss it further.
Well, I am very grateful to the noble Lord for a heads-up this morning, and it is important to say to him that Brexit has not changed the rights of foreign nationals to access schools. State schools do not have a role in policing the immigration system. Independent schools, with sponsor licences, do have an explicit duty to have documents proving the right to stay in the UK. I do not know the details of the noble Lord’s case, but I would be most grateful to have some further detail, and perhaps we can discuss it further.
My Lords, not only are the Government insisting on in-person physical right-to-work checks but some parents say they are being asked by schools to produce passports to prove their child’s right to education as a result of the UK’s departure from the European Union. Can the Minister confirm whether the Home Office is requiring schools to do this and, if so, on what legal basis? If it is not, will the Minister take urgent steps to stop this practice?
Well, my noble friend asks the absolutely crucial question. We need security measures in place to ensure that the system is robust. What we have had in place as a temporary measure will, I am sure, be evaluated in due course. But she goes right to the heart of what we need when we progress towards more regular online checking.
Well, my noble friend asks the absolutely crucial question. We need security measures in place to ensure that the system is robust. What we have had in place as a temporary measure will, I am sure, be evaluated in due course. But she goes right to the heart of what we need when we progress towards more regular online checking.
My Lords, following the move to more distanced right-to-work checks during the coronavirus pandemic via video link, in operation to 21 June 2021, can the Minister comment on what measures were taken to check against fraud and abuse of this process? What were the findings?
My Lords, EU citizens who have applied to the EU settlement scheme should not be detained in Yarl’s Wood unless there is some exception such as, for example, criminality. In terms of people getting letters, I am sure the reminders are helpful; they are not intended to be hostile in nature.
My Lords, EU citizens who have applied to the EU settlement scheme should not be detained in Yarl’s Wood unless there is some exception such as, for example, criminality. In terms of people getting letters, I am sure the reminders are helpful; they are not intended to be hostile in nature.
My Lords, it has been reported that EU nationals arriving here who were believed to be seeking work were immediately detained in places such as Yarl’s Wood and deported. Apparently, this has stopped, but what sort of example does the Minister think it sets for the treatment of British
citizens in the EU? Secondly, EU nationals who have been British citizens for decades are getting letters telling them they risk losing rights to work, healthcare and benefits unless they apply for settled status in the next six weeks. But they do not need this. Why are the Home Office records so poor?
To ask Her Majesty's Government what guidance is being given to employers to avoid racial discrimination when verifying employees' eligibility to work; and what redress is available to people who may have been racially discriminated against in this manner.
To ask Her Majesty's Government what guidance is being given to employers to avoid racial discrimination when verifying employees' eligibility to work; and what redress is available to people who may have been racially discriminated against in this manner.
The Home Office has published statutory codes of practice on GOV.UK for employers on how to avoid unlawful discrimination when undertaking checks. This guidance clearly stipulate that employers should provide individuals with every opportunity to demonstrate their right to work and should not discriminate on the basis of race, or any of the other protected characteristics.
We are clear that those who discriminate are breaking the law. Anyone who believes they have been discriminated against, either directly or indirectly, may bring a complaint before the courts or before an employment tribunal. The Equality Advisory Support Service is there to support people who may have experienced discrimination in England, Scotland or Wales, and an equivalent is provided by the Equality Commission for Northern Ireland.
Avoiding discrimination while preventing illegal working: code of practice, can be found at https://www.gov.uk/government/publications/right-to-work-checks-code-of-practice-on-avoiding-discrimination.
To ask Her Majesty's Government what plans they have to publish guidance to employers on the obligation to conduct right to work checks of EU nationals once the transition period for the UK's departure from the EU has ended.
To ask Her Majesty's Government what plans they have to publish guidance to employers on the obligation to conduct right to work checks of EU nationals once the transition period for the UK's departure from the EU has ended.
Right to work checks for EEA citizens will not change until after 30 June 2021. Until then, EEA citizens can use their passport or national identity card to evidence their right to work. Alternatively, those with status under the EU Settlement Scheme or the new points-based immigration system may evidence their right to work using the Home Office online checking service if they choose to do so.
Updated advice on right to work checks after the grace period ends on 30 June 2021 will be published in due course.
Further advice on employing EEA citizens in the UK can be found on GOV.UK:
https://www.gov.uk/guidance/employing-eu-citizens-in-the-uk
To ask Her Majesty's Government whether children applying for settled status are subject to automatic criminal records checks; and whether such children are required to declare (1) if they have been convicted of an offence, and (2) that they are subject to criminal proceedings.
To ask Her Majesty's Government whether children applying for settled status are subject to automatic criminal records checks; and whether such children are required to declare (1) if they have been convicted of an offence, and (2) that they are subject to criminal proceedings.
Applicants to the EU Settlement Scheme under the age of 18 are not required to answer questions relating to suitability. Applicants under the age of 10 are not subject to the automated criminal record check.
The suitability requirements for the scheme apply to all applicants under the age of 18. However, under the relevant provisions of the Immigration (European Economic Area Regulations) 2016, children under the age of 18 benefit from a higher level of protection and can only be deported on imperative grounds of public security.
There is no single definition of the type of offences likely to satisfy this higher threshold, but offences with a cross-border dimension which disclose particularly serious characteristics are more likely to do so.
To ask Her Majesty's Government what steps they intend to take in response to the High Court judgment that the Right to Rent scheme is discriminatory and incompatible with the right to freedom from discrimination enshrined in Article 14 of the European Convention on Human Rights.
To ask Her Majesty's Government what steps they intend to take in response to the High Court judgment that the Right to Rent scheme is discriminatory and incompatible with the right to freedom from discrimination enshrined in Article 14 of the European Convention on Human Rights.
The Government disagrees with the High Court’s findings and has been granted permission to appeal the judgment on all grounds.
In the meantime, the provisions passed by this House in 2014 remain in force. There are no immediate changes to the operation of the policy. Landlords and letting agents are still obliged to conduct Right to Rent checks as required in legislation.
The law is absolutely clear that landlords should not discriminate when carrying out right to rent checks in compliance with the 2014 Act.
We are looking at options for a further evaluation of the operation of the scheme. As part of this, we will look to develop further mechanisms to monitor the operation of the Scheme to provide ongoing assurance about its impact.
The Home Secretary has written to the independent adviser on lessons learned from Windrush, Wendy Williams, to draw her attention to the High Court’s findings.
The Right to Rent Consultative Panel will meet again next month to look at the operation of the Scheme and the guidance provided to landlords and lettings agents.
To ask Her Majesty's Government how many Disclosure and Barring Service applications for employment in the adult social care workforce took more than (1) 60 days, and (2) 100 days to complete in (a) 2016, and (b) 2017.
To ask Her Majesty's Government how many Disclosure and Barring Service applications for employment in the adult social care workforce took more than (1) 60 days, and (2) 100 days to complete in (a) 2016, and (b) 2017.
The information requested is not held centrally. The DBS do not hold the information requested by sector.
To ask Her Majesty's Government what was the average time taken to complete Disclosure and Barring Service applications for employment in the adult social care workforce in (1) 2016, and (2) 2017.
To ask Her Majesty's Government what was the average time taken to complete Disclosure and Barring Service applications for employment in the adult social care workforce in (1) 2016, and (2) 2017.
The information requested is not held centrally. The DBS do not hold the information requested by sector.
To ask Her Majesty's Government, further to the statement by the Secretary of State for Foreign and Commonwealth Affairs and the Secretary of State for International Development, Resettlement of White Helmets from Syria, published 22 July, whether there will be comprehensive background checks on those individuals before allowing them, or their...
To ask Her Majesty's Government, further to the statement by the Secretary of State for Foreign and Commonwealth Affairs and the Secretary of State for International Development, Resettlement of White Helmets from Syria, published 22 July, whether there will be comprehensive background checks on those individuals before allowing them, or their...
We take the security of our resettlement process extremely seriously. When potential cases are submitted by the UNHCR for consideration, they are carefully screened and considered for suitability for entry to the UK. We take the utmost care to ensure that those people coming here undergo rigorous vetting. We retain the right to reject individuals on security, war crimes or other grounds.