Immigration (Electronic Travel Authorisations) (Consequential Amendment) Regulations 2023
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The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)
My Lords, I start by thanking the noble Baroness, Lady Ritchie, for securing this short but very interesting debate, and those who have spoken in it.
It almost goes without saying that the Government’s number one priority is to keep the UK safe. To strengthen our border security, we are therefore introducing our electronic travel authorisation—ETA—scheme. As the noble Lord, Lord Dodds, observed, this approach is in line with the approaches of many of our international partners, which have already taken a similar step. The USA, Canada, Australia and New Zealand have similar schemes and, as the noble Lord identified, the European Union—at least the Schengen area and some others—is preparing to introduce a comparable scheme, the European travel information and authorisation system, or ETIAS.
The UK’s ETA scheme will enhance the Government’s ability to prevent the travel of those who pose a risk to the UK. For the first time, ETAs will allow us to screen non-visa national visitors in advance of the border and stop those who pose a threat travelling to the UK. To answer one of the questions of the noble Lord, Lord Dodds, the UK’s ETA scheme will launch in October 2023. The scheme will be rolled out in a phased manner from October 2023 until the end of 2024. It is our present understanding that the EU system will launch in 2024, and indications in the European media suggest a date following the Paris Olympics. The UK’s ETA scheme will make the UK a safer place.
The Government have carefully considered the concerns about the application of the ETA scheme within the common travel area, which, as the noble Lord, Lord Ponsonby, and others said, has been raised in both Houses and by many stakeholders in Northern Ireland and elsewhere.
In response to concerns raised about the impact of ETAs on the residents of Ireland who frequently cross the Northern Ireland/Republic of Ireland border, the Government have agreed to exempt non-visa nationals who are legally resident in Ireland from the requirement to obtain an ETA when travelling to the UK on a journey within the common travel area. I reassure the noble Baroness, Lady Suttie, that this was done in full consultation with the Northern Ireland Office. Perhaps I should also clarify, for the benefit of the noble Lord, Lord Murphy, that it was never proposed that Irish citizens would be subject to the ETA system. They, of course, have a special status and always have done, and that is enshrined in primary legislation. The only question that arose was what one did with third-country non-visa nationals within the Republic, and, as I say, they have now been exempted.
In order to benefit from that exemption, those who are legally resident in Ireland may instead, if required by a UK immigration official, present physical evidence that demonstrates their legal residence in Ireland. The Home Office will publish guidance on acceptable evidence before the end of July. I know the noble Baroness was asking me questions about that in the Select Committee, and I am delighted to provide her with a firm date for the publication of that guidance.
The Government have carefully considered requests to exempt those tourists visiting Northern Ireland from the Republic of Ireland from the ETA requirement, due to concerns that the requirement to obtain an ETA will be considered a bureaucratic barrier for international visitors visiting Northern Ireland from Ireland. While the Government entirely recognise the intention behind that request, an exemption of that kind would undermine the Government’s efforts to strengthen border control and make the UK, and indeed the common travel area, safer.
ETAs will for the first time allow us to have a comprehensive understanding of those seeking to come to the UK via the common travel area and, as I have said, to refuse them permission as appropriate. Exempting tourists visiting Northern Ireland from Ireland from the requirement to obtain an ETA would result in an unacceptable gap in UK border security that would potentially allow persons of interest or risk, who would otherwise be refused an ETA, to enter the UK legally, undermining the very purpose of the ETA scheme, which is to prevent the travel of those who pose a threat to the UK. The Government are therefore clear that individuals arriving in the UK, including those visiting Northern Ireland from Ireland, will be required to obtain an ETA. As I say, that is to protect both the UK immigration system and the common travel area from abuse.
It is well established as a principle of the operation of the common travel area that all non-Irish, non-British citizens travelling in all directions within the common travel area must enter in line with the laws of those jurisdictions. We are simply extending the same principle to ETAs when they are introduced. After all, visa nationals—that is, those people travelling from countries that require a visa to come to the UK or to the Republic of Ireland—are expected to do that in any event when crossing the land border, and if they fail to do so they will be entering illegally. However, as now, there will continue to be no routine immigration controls within the common travel area—that is obviously an important principle within the Good Friday agreement, as the noble Lord, Lord Murphy, pointed out—and no immigration controls whatever are maintained on the Northern Ireland/Republic of Ireland land border.
I assure the House that the ETA application process has been designed to be as quick and easy as possible for applicants to complete. It cleverly utilises technology to minimise the need for manual data entry by applicants. As part of our development of the application process and wider preparations for the launch of the ETA scheme, the Home Office has undertaken extensive user research, and we will continue to build on that even after the scheme is launched. I am pleased to inform noble Lords that our user research to date has been overwhelmingly positive, with test users reporting that the application process was easy and straightforward. It has deliberately been designed to be completed in less than 10 minutes. From my own experience of testing the mobile application on a smartphone, I assure noble Lords that the process for obtaining an ETA will be neither bureaucratic nor burdensome. I was in fact able to complete the process in under five minutes.
Once granted, an ETA will be valid for two years or until the passport used to apply for that ETA expires, allowing the holder to make many repeat journeys to the whole of the UK. Our objective is that applicants will be granted an ETA on the same day as their application. I hope that addresses the point made in relation to ESTAs, the American equivalent, by the noble Lord, Lord Dodds. I can reassure the noble Baronesses, Lady Ritchie and Lady Wheatcroft, that same-day travel should still be an option for the majority of tourists crossing the Republic of Ireland/Northern Ireland land border, even if they have not obtained an ETA further in advance and decide to make a spontaneous visit to Northern Ireland.
I turn briefly to the question of the fee. The Home Office will charge a fee for an ETA application. The fee will be competitive and comparable to similar schemes in operation. For example, the USA charges $21, Australia charges 20 Australian dollars and New Zealand charges 17 New Zealand dollars, all for applications made on their mobile applications, and those charges are equivalent to between £10 and £17. We expect to be able to confirm the exact cost of our ETA shortly. I am sure noble Lords would agree that this is a very small cost for travellers relative to the cost and benefits of visiting the UK. I therefore suggest that it is unlikely to deter the majority of genuine tourists and visitors. That is certainly the experience of other countries that already operate similar schemes.
Finally, in response to the questions raised by the noble Lord, Lord Ponsonby, regarding the impact assessment, the precise impact of the introduction of ETAs is uncertain and depends on the potential behavioural impact on the individuals wishing to travel to the UK. When these countries introduced this system, none of them experienced a dip in tourism. It is worth noting that the impact assessment will estimate the potential impact of the ETA introduction at the agreed fee level and again, as I said in Grand Committee, that impact assessment will be published shortly.
I can reassure the noble Lords, Lord Murphy and Lord Dodds, that the Government remain committed to the Belfast/Good Friday agreement, and to ensuring that there is no hard border between Ireland and Northern Ireland. In line with our commitments under strand 2, the Government remain firmly committed to working with the Government of the Republic of Ireland and representatives of the tourism industry, north and south, to ensure that the ETA requirement is communicated effectively. We are committed to doing all we can to mitigate any risk of it being seen as an increased barrier to cross-border tourism on the island of Ireland. My officials are meeting with the Northern Ireland Tourism Alliance, Tourism Ireland and Tourism Northern Ireland in early June to explore how we can best work together to communicate the ETA requirement.
We have made it clear that prosecutions for illegal entry offences will focus on egregious cases and not accidental errors. We will examine very carefully the individual circumstances of each case before deciding whether they should be pursued to prosecution. Ultimately, the Public Prosecution Service for Northern Ireland will determine whether a prosecution is appropriate and in the public interest.
I hope, therefore, that noble Lords acknowledge that the Government have listened to and addressed the concerns raised in this House and in the other place, by providing an exemption for those who are legally resident in Ireland when travelling to the UK on a journey within the common travel area, and by ensuring that the process of obtaining an ETA is quick and simple for those who require one. We are committed to working with relevant stakeholders to ensure that the ETA requirement is communicated effectively, so that we improve the security of the UK and the common travel area without impeding legitimate travel.
Baroness Ritchie of Downpatrick (Lab)
My Lords, I thank all noble Lords who have contributed to and participated in this debate and thank the Minister for his response.
There remain some outstanding issues, notwithstanding the fact that officials from the Home Office will be meeting with the Northern Ireland Tourism Alliance, Tourism NI and Tourism Ireland, in early June, which I welcome. It would be useful if the Minister could provide me with an update on the outcome, because I am still concerned that there could be a considerable impact on tourism figures from the Republic of Ireland into Northern Ireland, since our local economy, in terms of jobs and the wider circular economy, depends on that. We are seeking a pragmatic solution to that issue if that is at all possible in terms of the exemption. I urge the Minister to look at that.
There have been varying perspectives. The noble Lord, Lord Dodds, brought an opposite perspective, with some important questions. The noble Baronesses, Lady Suttie and Lady Wheatcroft, and my noble friends Lord Murphy and Lord Ponsonby, brought another perspective, but the bottom line is that we want the Northern Ireland economy to thrive, to grow and to be boosted, and not to have any impediments or barriers placed in its way. So, looking forward to further responses from the Minister, I beg leave to withdraw.