My Lords, last week, the Centre for Policy Studies, a respected Conservative think tank, published a paper entitled Dangerous Trends in Modern Legislation. It warns that,
“the length of new Bills and the number of clauses they include is becoming so great that Parliament is unable to properly scrutinise them … There are often lengthy and significant parts of a Bill that receive no detailed scrutiny at all at any point in its Parliamentary passage”.
Clause 87 of the Immigration Bill provides a prime example of this problem. In the Commons it had five minutes in Committee and none at Report. We reached it late in Committee in the Lords, where the Minister was unable to answer the questions raised, telling us that,
“there will be an opportunity for an informed debate on the details”,
when the regulations—that had not yet been drafted—would be laid before the House. He specifically stated that,
“no decision has yet been made”,—[Official Report, 9/2/16; col. GC 174.]
as to the impact on healthcare of the imposition of the charge.
Those of us who took part in that debate received no further communication from the Government between Committee and Report, unlike the usual custom, and no invitation to discuss the issues raised. We reached this clause on Report at 12.30 am on 21 March, at the end of a very long day. The Minister did make a significant concession in his reply on exempting university-level appointments from the new levy, but he declined to tell us when the Government’s response to the report from the Migration Advisory Committee, on which these proposals rested, would be published or to answer other questions raised. The noble Lord, Lord Bates, did at least say that, “Given the hour”, he was,
“happy to put further thoughts in writing … if that would be helpful”.—[Official Report, 21/3/16; col. 2210.]
He then disappeared for a rather long walk. The noble Earl has indeed sent us a letter but it does not answer any of the points on the public sector or public sector training which we had raised. The noble Lord, Lord Trefgarne, then moved, I assume on behalf of the Government, to oppose withdrawal of the amendment to shut off further discussion at Third Reading. The chairman of the MAC was allowed to brief parliamentarians on this charge on 22 March, the day after Report ended. The Government then slipped out their response to the MAC report two days later on the Thursday before the Easter weekend—a quiet news day.
This is not the way to make legislation, as the Centre for Policy Studies paper noted. The Government have not explained the implications of this significant new charge, and in particular its likely impact on the public sector; nor have they provided any coherent
rationale for imposing it on the public sector. The Minister did, however, in responding to the debate, say that,
“I will give further consideration to when they”—
the charges—
“are introduced”.—[Official Report, 21/3/16; col. 2212.]
He specifically mentioned that they were looking at the issue of phasing in the charges on the public sector. This amendment returns to exactly that issue, asking what further consideration the Government have given this and whether they will now accept that the current provision to rush this charge into operation only two months after the Bill is passed—as Clause 96 states—is mistaken, incompatible with allowing an informed debate on the regulations that will have to be pushed through, and damaging to the finances of schools and hospitals throughout the country.
The noble Lord, Lord Bates, reiterated that the aim of this charge is,
“to bring about some behavioural change in the way that people think about recruitment”,—[Official Report, 21/3/16; col. 2210.]
encouraging employers to look for recruits from within the UK rather than from outside, and to invest in training those recruits in the skills needed. That is fine for the private sector. However, the Government are the employer in the public sector: they set the quotas for teacher and nurse training, and they encourage—or discourage—doctors to stay and work in the NHS rather than going abroad. So here we have the Government encouraging themselves to expand training to fill skills shortages in schools and hospitals by fining those schools and hospitals—out of government funds—for recruiting from outside the UK and the EEA. That is absurd.
There have been a succession of announcements of government policy that the likely impact of this charge will undermine. There are plans to expand and extend maths and technology teaching in schools, but no mention of the existing shortage of maths teachers in this country and of the active efforts that schools are making to recruit from Australia, Singapore and elsewhere. Hospitals have announced that they need to recruit some 15,000 nurses a year from abroad to fully staff their wards, from the Philippines, South Africa and so on. We have just read that the NHS is planning to recruit 4,000 doctors directly from India. These are large numbers of predicted immigrants, recruited to fill avoidable skills shortages within the UK—significant numbers pulled into the UK by our failures in skills training: 30,000 or so a year. The Government should therefore act to provide the training to reduce the necessity to pull such numbers in.
We have asked repeatedly what plans the Government have to increase incentives for maths teachers and to launch crash courses to train them, but there appear to be no such plans. We have also asked about rapid expansion in nurse training and efforts to improve retention of nurses in post. Again, there are no plans to do so yet. So within the next 12 months the Government will start to fine schools and hospitals £1,000 a year per skilled person recruited from outside Europe—fining them from the funds that the Government have just given them.
The noble Lord, Lord Bates, suggested on Report that,
“schools … can seek maths teachers from the whole European Economic Area market”,
to avoid the charge for recruiting them from outside that market—to do that, it was implied, rather than to have to train more of our own or to pay British teachers well enough to stay in post. The Daily Mail will love that as a proposal from a Government who are supposed to be trying to reduce the pull factor in immigration from within as well as outside Europe, but I leave that to the Government to answer.
We were assured on Report that:
“The Department for Business, Innovation and Skills has confirmed that it will continue to consult with stakeholders”,—[Official Report, 21/3/15; col. 2211-12.]
which in this case presumably means to negotiate with the Department of Health and the Department for Education on how to limit the damage to school and hospital budgets. But BIS, the Times told us last Saturday, is planning a major cost-cutting exercise, shrinking the staff of the Commission for Employment and Skills and the Skills Funding Agency by 40% to 50%. So it is likely to lack the capacity to manage the expansion of training schemes which the Government have promised us, either for the public or the private sector.
In short, the Government have failed to make any case for their proposed rapid implementation of this ill-thought-out scheme. Their failure to answer legitimate questions raised in Committee and on Report, in spite of promises so to do, has fallen well below the normal standards of this House. I hope that the noble Earl, Lord Howe, gallantly stepping into the breach, will concede that this has not been well done and will accept the rationale for delay which justifies our amendment. I beg to move.