Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020

Baroness McIntosh of Hudnall Excerpts

Wednesday 18th November 2020 Grand Committee

[Baroness Williams of Trafford (Con)]

I thank both noble Lords for their points. Indeed, I welcome the positive comments about this statutory instrument made by the noble Lord, Lord Bhatia. The noble Lord, Lord Paddick, asked a number of questions about security and the impact of the ending of free movement and other things, while the noble Lord, Lord Rosser, made a couple of additional points, which I will attempt to answer.

To answer the first point made by the noble Lord, Lord Paddick, when individuals use e-gates, they are not routinely questioned by a Border Force officer. However, I assure the Grand Committee that our e-gates conduct a full range of security checks. The biometric check that they undertake on people’s travel documents means that they are a highly effective method of detecting imposters, people with fake passports, fake facial images, et cetera. The e-gates also allow our allow highly trained Border Force officers to focus their efforts on high-risk cohorts—[Interruption.] I shall stop there.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, the Division Bell is ringing so the Committee will adjourn for five minutes.

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[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

Five minutes has now elapsed so I invite the Minister to continue her remarks.

[Baroness Williams of Trafford (Con)]

My Lords, e-gates are and will continue to be able to identify pre-existing adverse information about travellers and individual subjects. Such information will be seen by a Border Force officer. If officers require information about any person’s previous immigration history, the Home Office has access to data, including advance passenger information and exit check records, to verify the person’s individual history. Those officers will retain the ability to exercise the full range of powers at the border, so they will be able to continue to refuse entry where appropriate to those whom they deem ineligible for entry.

The noble Lords, Lord Paddick and Lord Rosser, asked about UK citizens travelling to the EU. They will know that this is part of the ongoing negotiations, of course. For our part, we have ensured fairness in the system by setting up the EU settlement scheme so that no one from the EU is in any doubt about their rights.

On SIS II and what will replace it, those negotiations are ongoing. However, I agree with both noble Lords that having our full range of law enforcement capabilities is absolutely essential as we go through the transition period. If I may, I will get back to the noble Lord, Lord Rosser, on the impact assessment of the small number of people who will be negatively impacted by e-gates; of course, it is a small number because most people will see a positive impact from them.

The noble Lord, Lord Paddick, asked how this is different from free movement. EEA citizens and their family members will be subject to UK immigration control from 11 pm on 31 December this year on the same basis as non-EEA citizens except where they form part of the citizens’ rights cohort.

In answer to the noble Lord, Lord Rosser, the new border and immigration system will see EEA citizen visitors become subject to the same Immigration Rules, criminality thresholds and travel document requirements as other third-country nationals. However, in contrast to the situation under free movement, EEA citizen visitors passing through e-gates after 31 December who do not have another form of UK status or eligibility to apply to the EU settlement scheme will be granted six months’ leave to enter but will not be permitted to work or access benefits and services. They will also be expected to leave the UK or extend their stay before their leave to enter expires. Any EEA citizens arriving for work or long-term study will need to apply under our new system and obtain prior permission, just like all other non-visa nationals. Without such a permission, they will not be able to demonstrate their entitlement to remain in the UK for anything other than a visit.

The noble Lord, Lord Paddick, was concerned about repeat visits. He talked about refreshing leave to enter every six months by leaving for a short period—a point that he has talked about at length—but it is not possible to do so and obtain the same rights and entitlements as residents. Anyone seeking to abuse the system in this way would find themselves prohibited from working and obtaining benefits. If their intentions were to become known to the Home Office, they could be refused when seeking entry at the border. Further, if they seek to stay longer than six months or breach the conditions of their stay as a visitor, they may also be liable to enforcement action, including removal from the UK. That also answers the point made by the noble Lord about being able to rent.

Returning briefly to the EU treatment of UK citizens, it is not based on the EU providing reciprocal access to its e-gates for British citizens. The UK has always sought to manage its border in the country’s best interest. That is why we did not join the Schengen zone and why, on leaving the EU, we are determined to enhance our ability to manage our border in a way that continues to protect the public and facilitates the passage of legitimate travellers.

Motion agreed.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

The Grand Committee stands adjourned until 5 pm. I remind Members to sanitise their desks and chairs before leaving the Room.