Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022
(Limited Text - Ministerial Extracts only)
Read Full debate18:33 - Division on The Earl of Clancarty’s Motion - Ayes: 159 / Noes: 95 - The Earl of Clancarty’s Motion agreed.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, I thank all noble Lords who have spoken in this debate, and particularly the noble Earl, Lord Clancarty, for securing it. I smiled earlier when the noble Lord, Lord Russell of Liverpool, talked about “the Minister for the 18th century” because it felt a bit like the House for the 18th century. I am a very much a Minister for the 21st century, and this is the way that the Government are going: digital by default.
On a much more serious note, several noble Lords mentioned several problems, particularly the noble Lord, Lord Oates, and the noble Earl, Lord Clancarty. I apologise if the noble Earl has not received a response. I am very happy to meet with both the noble Lord and the noble Earl—and will make sure that my office sets it up—to go through the various problems and see whether we can resolve at least some of them, in particular specific problems relating to the specific cases they raised today.
The regulations that are the basis of today’s discussions change the way in which a biometric card holder can prove their right to work and rent. Since 6 April this year, everyone with a biometric card—be that a biometric residence permit, a biometric residence card or indeed a frontier worker permit—must now use the online checking services.
This is not due to resistance to ID cards; it is because this type of system is far more secure than the paper system. Two noble Lords talked about the Windrush issue. This is precisely the converse of that; it is about ensuring that everyone who has a status can prove it. I certainly do not think the Ukrainian issue is particularly pertinent to today’s debate, given that Ukrainian people who come here via the Ukrainian scheme have an automatic right to work when they get here.
Online checking services have been available for employment and rental checks since 2019 and 2020, respectively. For the information of the noble Baroness, Lady Jones of Moulsecoomb, e-visas have been rolling out since 2018. Use of these services continues to increase month on month. Even ahead of the latest change, employment profiles have been accessed almost 2 million times by employers and employees. User satisfaction is at 80%, and even higher for landlords and tenants at 84%. Those figures do not give me the impression of a system that is difficult to use.
We have had the debate on physical proof of status a number of times—I have a bit of déjà vu from the Nationality and Borders Act—but it might be helpful at this stage if I set out the process introduced by the regulations. Individuals use their card number and date of birth to access online services, and can then share their status with an employer or landlord. It is a digital use of the card rather than a physical use. Holders do not need to access their online profile in real time such as one might for an NHS QR code. Rather, they generate a share code ahead of use for the employer or landlord to access their profile at the time they undertake the check. The share code lasts for 90 days and can be stored however the holder wishes, including being printed or written.
The changes mean there is a single, clear position for the use of all these cards. This makes it easier for employers and landlords to make their assessment on eligibility. The approach means we can harness the benefits of using online evidence of immigration status. In our experience, the use of digital services has continued to increase significantly; many people are now using online checking services to evidence their rights.
We have received very positive feedback from those using the online checking services. Most users find it simple and easy to use. They can check their status at any time and can contact the Home Office if they experience any issues. The new approach also supports the recruitment process as part of the hybrid model being adopted by many businesses following the pandemic.
As the noble Lord, Lord Ponsonby, did, I will move to the various questions from my noble friend Lady Neville-Rolfe. One of the issues she raised was burdensome change for landlords. As I think I have said, the information is available in real time from Home Office systems. Landlords can then store their PDF output electronically or print it for their records, depending on their preference. On the question of there being any known problems with the system, I can say that there have been no wholesale outages and support services are in place for those experiencing technical problems individually. There is also a hotline for employers and landlords. We have not completed an impact assessment, as economists deemed the change to be cost-neutral or even cost-beneficial.
There are no changes to the equalities duties required of landlords: these were reiterated in the context of the move from physical to digital checks, and we consulted the Equality and Human Rights Commission and the Equality Commission for Northern Ireland on the landlord and employer codes.
My screen has just frozen—and with me talking about digital status. Oh, it is okay, I have it back.
A number of noble Lords asked about vulnerable people. We have developed our digital products and services for use by all, including vulnerable users—it is a very important point—taking into account the beta assessment recommendations from 2018. Users can contact the UKVI resolution centre, which provides telephone and email support to those using the online immigration status services. It can also assist users who are experiencing technical issues. The point about less well-developed English language skills is well made. We are providing interpreter services for callers to the UKVI resolution centre if they have status queries and require that service.
The changes we are making are consistent with the border and immigration system that the Home Office is developing. The system will be digital by default, as I said earlier, with the ambition to phase out physical documents before the end of 2024 as we move towards a system of online evidence of immigration status. To support this change, since 2015 we have been short-dating BRPs to expire at the end of 2024, even for those whose immigration leave expires after that date, but there will be a two-year period of transition within that.
The UK’s new immigration system follows the example set by countries such as Australia, the US, Canada and the EU as we move towards a digital system. The shift towards a digital border and immigration system is not a new approach. Every year, millions of people renew their passport, and about 3 million people apply for a visa, online.
On data protection, online evidence of immigration status is secure and can be accessed anywhere and in real time. It cannot be lost, stolen or tampered with, as I said earlier, unlike a physical document. It puts individuals in control of their data. They have direct access to information held by the Home Office about their status and, in line with the principles of data minimisation, can share only the information required by a checker, rather than all the information held on a physical card. Those conducting status checks receive accurate confirmation of the person’s current status direct from the Home Office. Of course, information on a physical document may be out of date if a person’s status has changed since it was issued, whereas a person’s online profile is always up to date.
There is no change for those with expired passports, which answers the question of the noble Lord, Lord Paddick. Migrants with time-limited leave cannot use an expired passport, and those with indefinite leave can use this system only to rent and not to work. This remains unchanged.
I touched on the 2018 beta recommendations earlier. It was said that the Government had not taken full account of them, but that is not the case. Full consideration has been given in developing our digital products and services.
Obviously, we know that some will find online services more challenging than others, and that is why we have that wide range of support available, including the resolution centre.
I go back to the impact assessment and, now, the equality impact assessment. I assure the House that a full equality impact assessment was completed back in October last year, demonstrating due regard to our obligations under Section 149 of the Equality Act 2010. I can tell the House today that I am placing copies in the Libraries of both Houses of Parliament and it will be published on GOV.UK shortly thereafter.
Undertaking immigration status checks remotely is quick, accurate and efficient—
Baroness Neville-Rolfe (Con)
Would my noble friend be able to give us a copy of the economists’ assessment of why no cost-benefit analysis seems to be needed? It is appreciated that an equality assessment is being made available. As I said, the Government are very good about always doing those. My worry is that cost-benefit is no longer considered important and that is a problem when we have an economy that needs to grow.
Baroness Williams of Trafford (Con)
I can certainly take my noble friend’s point back for her.
We have made it clear that the Government’s ambition is to phase out physical documents before the end of 2024. In terms of developing our digital products, we are bearing in mind and taking into account vulnerable users. We have taken full account of the recommendations from the beta assessment and designed our digital services and products to be used easily. We also have support services in place for those who need them and the move towards digital is justified and proportionate, as it ensures that individuals without lawful immigration status cannot access employment or accommodation in the private rented sector.
We are focused on delivering a fair and effective immigration system and, as I have said, these measures will allow us to strike the right balance in pursuit of that aim. With that, I ask that the noble Earl withdraws his Motion.
The Earl of Clancarty (CB)
My Lords, I thank the Minister for her reply. I will be very brief. I thank everyone who has taken part in what has been a constructive debate. I thank the Minister for agreeing to set up a meeting; that will be very helpful indeed.
The Minister mentioned the satisfaction ratings of 80% for right to work and 84% for right to rent. It sounds wonderful, but 80% means that 20% of people are struggling with the system. If you think about the millions who will be using the system, that is a huge number of people. Looked at that way, it is not good at all.
The Minister is clearly giving no promise whatever of seeking the provision of a physical document. As I said previously, I am not against digital; nor are most of us in this Chamber. We want to see the provision of a physical document alongside the digital system. That is not promised and for that reason I would like to test the opinion of the House.