HC Deb 09 June 1997 vol 295 cc779-81
4. Sir Teddy Taylor

To ask the Secretary of State for the Home Department if he will make a statement on the changes which the Government propose to make to immigration policy as regards the primary purpose rule and the admission of elderly relatives. [917]

The Parliamentary Under-Secretary of State for the Home Department (Mr. Mike O'Brien)

We announced the abolition of the primary purpose rule on 5 June in answer to a question from my hon. Friend the Member for Leicester, East (Mr. Vaz). We have no plans at present to change the rules relating to the admission of elderly relatives.

Sir Teddy Taylor

Will the Minister confirm that that extremely important policy change will apply to current cases, that is, ones in which the refusal took place before 5 June or the appeal was made before then? Bearing in mind the fact that many of the people concerned have waited a long time already and have been subject to considerable delays, will the Minister examine the representations of the Immigration Advisory Service, which provides an excellent service? The IAS believes that there may be further delays stemming from the difference between a genuine marriage and the primary purpose rule. Will the Minister make sure that having sorted out one problem, we do not create another?

Mr. O'Brien

We are glad that the hon. Gentleman supports our proposals, and we hope that he will continue to support us in future. We shall review all outstanding appeals. Where the refusal was based solely on primary purpose grounds, we shall return the papers to the entry clearance officer who will issue the clearance. Where the refusal was based on primary purpose and other grounds, we shall examine the case in full. However, we shall lodge appeals in most cases.

Mr. Gerrard

I thank my hon. Friend for making the change, which will be widely welcomed. The press release that announced the change suggested that the 12-month probationary period for marriage would remain. Will my hon. Friend look sympathetically at cases where women are forced by violent relationships to leave the marriage within one year? We would not wish to see the deportation of people in that situation. Will he consider also the plight of elderly dependants? EU citizens living in Britain have more right than British citizens to bring elderly dependants into the country.

Mr. O'Brien

My hon. Friend raises several important points. The one-year rule will remain. As to domestic violence cases, he will be aware that I was a member of the Home Affairs Select Committee that made recommendations in that regard. We are currently examining the issues relating to domestic violence cases and the operation of the one-year rule.

In the case of elderly relatives, I am conscious of the paradox that my hon. Friend describes. We are examining the issues involved and we are committed not only to having fairer immigration and asylum rules but to ensuring that they are both firm and fair.

Mr. Howard

I congratulate the hon. Gentleman on his appointment. Does he recognise that the changes will open up a substantial loophole in our system of immigration control? Our excellent race relations record has always gone hand in hand with firm but fair immigration control. Does not the change put that record at risk?

Mr. O'Brien

It is a pity that the right hon. and learned Gentleman does not share the views of the hon. Member for Rochford and Southend, East (Sir Teddy Taylor), who supports our proposals. The primary purpose rule was a rule without a purpose: it was unfair and arbitrary. Too often, it caught genuine marriages where the parties intended to live together permanently in the United Kingdom. The abolition of that rule without a purpose enables us to focus resources on the remaining three marriage rules that deal with bogus marriages more effectively. Compared with the last Government, our policy will be firmer but fairer. If the right hon. and learned Gentleman wanted to do something about bogus marriages, why did he not deal with the immigration advisers and other such scandals? He refused to address those problems year upon year.