Immigration: High Court Ruling

Debate between Baroness Neville-Jones and Lord Ryder of Wensum

Monday 20th December 2010 Lords Chamber

[Lord Ryder of Wensum]

My Lords, I express two declarations of interest. My first is as the chairman of the Institute of Cancer Research. I made a speech in your Lordships’ House some weeks ago expressing my severe misgivings about aspects of the Government’s policy, in which I said that that policy, as it stands at present, is preventing eminent international scientific researchers from entering this country. That is clearly an unintended consequence—yet another example of some of the unintended consequences that have streamed from Whitehall during the past few weeks.

My second declaration of interest is as a former business manager in the other House and as a member of the Legislation Committee for seven years. The notion that this is a technical oversight is not true; it is a kindergarten error. I cannot recall in my time on the Legislation Committee, or as a business manager in the other place, anyone overlooking the parliamentary procedure to which my noble friend refers.

Some weeks ago I had a meeting with the Minister of State at the Home Office in which I set out my views on the unintended consequences of his actions, and he promised to write to me. I have still not heard back from him—perhaps this is an intended consequence of our meeting. Will my noble friend please assure me that in future these errors will not be committed by the Home Office and will she give me further reassurance that she will have a word with Ministers in the Home Office to ensure that between now and April, when these matters come into permanent effect, they will look seriously at the misgivings that some of us have expressed about their policy over the past few weeks?

[Baroness Neville-Jones]

My Lords, I say two things to my noble friend. First, he said that this was a kindergarten error, but we actually took legal advice. On his second, more substantive point, perhaps he missed my honourable friend the Immigration Minister’s announcement that, when the permanent scheme comes into effect, it will not necessarily be precisely the same as the interim structure. We are consulting on that structure and listening to what people have said. One of the changes that have already been announced is that we will create a category for international talent—people whom this country badly needs. I hope that my noble friend’s anxieties on that score are somewhat alleviated by the Government’s willingness to listen to the points that are being made to us.

--- Later in debate ---

[Baroness Neville-Jones]

My Lords, I think that the Court of Appeal would expect the Government to rectify their position as soon as they are able to. As for the noble Lord’s other point, as I have said, that is a matter for the usual channels.

[Lord Ryder of Wensum]

My Lords, with permission, may I come to the assistance of my noble friend? Unless I am very much mistaken, the answer to the question posed by the noble Lord, Lord Richard, is, “Yes, they have to”. If they did not do so, there would be difficult consequences for the Government.

[Baroness Neville-Jones]

The Government must clearly put themselves in the position of being in conformity with the law.