Trade Union Bill

Debate between Baroness Neville-Rolfe and Lord Taylor of Holbeach

Wednesday 10th February 2016 Lords Chamber

[Lord Monks]

I am sorry to make another intervention. In comparison with these examples, the amount of a union political fund contribution is, on average, about £2.50 per member per year. So that is the amount of money on an individual basis. We are talking about millions when all the aggregates are done, but for the individual this is not the biggest financial decision of their life.

[Lord Taylor of Holbeach (Con)]

It is a political decision. That is the whole point.

[Baroness Neville-Rolfe]

It is an important political decision, as my noble friend said. In other parts of the Bill we have been talking about looking forward, and this is an area where I think the opt-in is a good way forward.

Consumer Rights Bill

Debate between Baroness Neville-Rolfe and Lord Taylor of Holbeach

Wednesday 19th November 2014 Lords Chamber

[Lord Taylor of Holbeach (Con)]

I am sorry to interrupt my noble friend, but the Minister has not replied to her amendment at this stage. I have a feeling that she would like to hear from the Minister before she replies to her.

[Baroness Neville-Rolfe]

I am grateful to the noble Baroness, Lady Oppenheim-Barnes, for her contribution today and in Grand Committee. I value her long experience and expertise on the subject of consumer rights, including from her time as Minister for Consumer Affairs—I asked at the department and gathered that she was a real livewire—not forgetting her experience at the National Consumer Council and elsewhere.

I am glad that she feels that the Bill process has been good, with pre-legislative scrutiny and stakeholder involvement. I think that is an interesting general lesson to learn. I agree that consumers and businesses should be educated about their rights and responsibilities effectively. We have made this point many times during discussions. I share the noble Viscount’s concerns about the amendment, because it is very wide ranging.

It also goes wider than the Bill. Consumers and traders need to know about the rights and responsibilities under other consumer legislation, too, such as the consumer rights directive. I can confirm that the regulations came into force in June this year. I thank my noble friend Lord Younger and his role in that process.

I agree with my noble friend that this is a very important area. We will not realise the benefits of the Bill unless the new rights are well understood and used. As part of our work preparing for implementation of the Bill, we have worked closely with business groups, consumer groups and enforcers to develop a high-level plain English summary of consumer rights because information is critical. That summary is being prepared to cover the various circumstances that arise from this legislation. It allows traders the flexibility to display the information in the most appropriate way for their business.

I do not believe that the mandatory approach suggested by this amendment is the most effective way of ensuring consumers are informed of their rights. There is a real risk that overloading a consumer with information at the point of sale would lead to them ignoring that information. Surely that defeats the object of simplicity and clarity. For many things—for example, newspapers or bags of apples—what the voluntary approach allows is common sense. There is also a risk of confusing consumers where retailers’ own policies are more generous than consumers’ statutory rights. A major retailer told us that it already offers terms more generous than the statutory requirements. It has built its brand on that and thinks that displaying information on core consumers’ statutory rights would undermine its message that a customer who was dissatisfied for any reason could bring the product back even if it was not defective.

We are therefore already developing wording that works. We have wording that can be adapted to various circumstances whether you are selling goods in a shop or online. We have business groups committed to promoting this with their members. We have consumer groups that are also committed to promoting this. I do not think that this amendment is the right way forward. Instead, a flexible, voluntary approach will work. Business groups support the voluntary approach, including the British Retail Consortium, the Federation of Small Businesses and the British Chambers of Commerce, all of which are critical to information provision to the many businesses involved and to good customer service and good consumer care. I believe in a simple, clear framework of law. That is important to good traders as well as to rogue traders, to pick up a point made earlier.

The information provision is being done as part of the work of the implementation group, which also involves Which?, enforcers, Citizens Advice and others. I agreed in Committee that other relevant consumer rights, such as that in the consumer rights directive, should be part of the information dissemination process. I do not think that this is the right way forward. I have had useful discussions with my noble friend Lady Oppenheim-Barnes and I ask her to withdraw the amendment.

Immigration Bill

Debate between Baroness Neville-Rolfe and Lord Taylor of Holbeach

Wednesday 19th March 2014 Lords Chamber

[Baroness Neville-Rolfe (Con)]

I rise to probe the Government’s intentions on fees following the questions that have been put by the noble Baroness, Lady Smith of Basildon, on Amendment 79F and in the other points raised. This is a useful consolidation of the rules and the powers on fees, but I have two questions that I hope my noble friend will be able to comment on. First, what are the Government’s plans for immigration and visa fees following the passage of this Bill? Secondly, will fees and future changes to fees be set out clearly on the government website which I hope the Government will establish so that, following the passage of this important Bill, everyone clearly understands the prevailing immigration and visa arrangements? Those are points about intention and about transparency.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach)]

My Lords, noble Lords have asked me quite a number of questions and I will do my best to show a techie side to my nature. Where I slip up, perhaps noble Lords will allow me to write. I am aware of the case mentioned by the noble Lord, Lord Ramsbotham. I will have to write to him because I cannot give him an authoritative answer on a point that is not directly to do with the amendments that we are considering today. In any event, I will make sure that I get a letter to him on that issue.

I will speak to Amendments 79F, 81B, 82A, 87ZG, 87ZH and 87ZJ, which have been grouped together. I will not mention Amendment 87ZD because that has not been spoken to.

Amendment 79F concerns fees. It fits slightly uneasily in this grouping, but I am sure that it is something that we want to address. The current legislative framework for setting and amending visa fees is slow and inflexible, and we are experiencing that at the moment. We had a statutory instrument in January, and later on next week we will debate the actual fee levels. This two-part process is not necessarily the most informative. It makes it difficult for the Home Office to respond to identified issues—and opportunities, because this is an important area of income generation for the Government.

For example, it does not allow us to introduce new premium services or amend fees up or down within a particular period. It has also been criticised in this House because the “menu” of immigration and visa services is debated separately from the prices of the things on the menu. As I have said, that seems a funny way of doing things. The fees measures in the Bill are meant to address both of those issues.

I say to the noble Lord, Lord Pannick—who queried transparency on this issue, as did my noble friend Lady Neville-Rolfe—that the whole point of this is to be more transparent and provide information on fees. The mandate to provide fees is an important thing to secure in Parliament. As I said, they are an important factor for the Home Office.

My noble friend Lady Hamwee made a number of technical points and I would like to thank her for advising me of them. The fees order will set out in relatively general terms the types of categories of fees that will be charged for. It will set the maximum and in some cases—although not all—the minimum levels for the fees that fall within each category. The order will be subject to the affirmative procedure. The regulations will then specify the precise fee for each product, which could stretch to several hundred different fees. This mirrors the current arrangements. For example, the current fees order states that we can charge for,

“a sponsor licence or renewal of such a licence”,

and the fees regulations specify all the different fees for each type of sponsor licence payable by the different categories of sponsor. Thus the detail included in the order and the regulations mirrors the current arrangements set out in Section 51 of the Immigration, Asylum and Nationality Act 2006 except in terms of the introduction of maximum, and in some cases minimum, fee levels into the order.

My noble friend went on to say that Clause 62(2) appears to require a fees order for all fees. She asked whether fees are chargeable outside of the specified functions. All chargeable functions must be set out in the fees order. The only caveat to normal treatment is set out in Clause 64:

“Power to charge fees for attendance services”.

She asked whether “any specified fee” under Clause 62(4) means each fee specified by a fees order. That is correct; it does. She assumed that Clause 62(10)(b) overrides subsection (8)(a)(ii), which requires a fee not to be less than the prescribed minimum, and that is correct. She also asked why subsection (10)(c) needed a failure to pay in the light of subsection (3). The consequences might mean the refusal of a visa in the future. Subsection (10)(b) relates to debt recovery in particular circumstances, such as where a payment is withdrawn once it has been processed and the application considered. Paragraph (c) ensures that we can provide that applications will not be considered if payment is not received. It also states that any other consequences for failing to pay must be set out in regulations. These provisions have been carried forward from current legislation.

My noble friend asked about costs and whether we can give an example of costs. Costs will be incurred by our commercial partners when, for example, providing visa services overseas, and they form part of the costs to the Home Office when providing services or processing applications. On Clause 62(13), she asked whether there are particular arrangements or ways to recover such things as the premium service. Yes, there are such arrangements. This subsection reflects that fees for the same function may vary depending on where and when they are delivered, and the specific service provided. It also reflects the fact that we may, in limited circumstances, charge different fees for the same product in different circumstances. We might, for example, enter into a reciprocal arrangement with another country by which we agree to offer a reduction in the visa fee to nationals of that country.

My noble friend put a question to me about Clause 62(4). This subsection is directed at the factors that the Secretary of State can consider in setting fees, taking into account costs and benefits to applicants. Subsections (4) and (6) are directed at the mechanics of the calculation, so that if the fee is being set out at a flat rate or by reference to an hourly rate, the reference to other factors is to give us flexibility in the future in order to charge, for example, with reference to a daily rate. My noble friend asked whether the rate is the hourly rate. Yes, it is, or there can be other factors. As I have just said, there can be a daily rate as set out above. I was also asked whether the calculation will involve an hourly rate to give the position/grade of the officers for whom a rate is charged. The grade of officers is not a relevant consideration when establishing an hourly rate. Where the grade of staff is relevant in establishing an estimated unit cost, it will form part of the calculation. This level of detail will not be set out in statutory instruments or a fees table.

My noble friend asked whether, where a fee is intended to exceed the cost, this will be made clear in the Explanatory Memorandum to the regulations. We will include the unit costs, as is currently the case. She asked whether the exceptions might allow for increases in a particular class of individuals. No, the exceptions relate to exemptions from payments; that is, waivers. The Home Office currently provides a number of exceptions in regard to fees including, for example, asylum applicants and children receiving local authority assistance, and there is no plan to withdraw the exceptions currently offered. This is complicated and I am sorry to have rattled it off but my noble friend did ask that I put it on the record. I hope the record has noted it and that I have reassured my noble friend.

Immigration Bill

Debate between Baroness Neville-Rolfe and Lord Taylor of Holbeach

Monday 17th March 2014 Lords Chamber

[Lord Taylor of Holbeach]

Not at all. These are not customer service staff but designated persons who will have the authority to do the task of exit checks. They will be designated and trained to perform the basic checks required that will deliver the policy.

I do not think that I said that this would be rolled out. I said that we intended to have the checks in place by April 2015. That is the plan, and it is going according to plan. I hope that the Committee will accept that.

[Baroness Neville-Rolfe (Con)]

My Lords, will my noble friend comment as to whether this power will allow checks which might be appropriate in certain circumstances or whether the plan is to check the passport of every person leaving the UK? If I go to Düsseldorf, is British Airways in future going to be checking my immigration status? I think it would be helpful to have clarity as to the intention.

[Lord Taylor of Holbeach]

All I can is that if my noble friend is flying to Düsseldorf, she can expect to have her passport checked at that time. She will know that that is what is happening. There is no difference.

[Lord Taylor of Holbeach]

We are working with the airlines to find ways in which the existing advance passenger information can be incorporated into these checks. The advance passenger information provides only so much information. It is very useful and gives names, but it does not necessarily give the details of the individual’s passport or any visa requirements on that passport. That is a matter for examination, and the designated staff will be in a position to check that material at the time the person leaves the country.

[Baroness Neville-Rolfe]

My Lords, I am sure it would be helpful to understand this in a bit more detail because now you put the detail of your passport online when you order your ticket. The passport is not checked, except very summarily, when you get on to the flight. It really is an understanding of how this is going to happen. It may be that you are going to put more advance information online when you buy your ticket. I am very supportive in principle of the measures, but I think the logistics are very important.

[Lord Taylor of Holbeach]

The logistics are a matter for detailed planning with the airlines. What the Bill does—what this schedule provides for—is give those people who are responsible for dealing with this work the powers which at present they do not have. Advance passenger information already supports electronic texts on a large number of outward-bound journeys. API will be part of the exit checks solution along with other options, including checks conducted and data collected at the port of departure. These matters are being discussed so that this can be done efficiently, but API is a contributory element of this provision. As to the detail of how it is going to operate in every form of transport—every airport, railway station and port—I cannot possibly say at this stage. The powers of this Bill give those who will be challenged to perform this task the right to conduct those checks. Otherwise the checks would have to be done by immigration officers and we do not consider that this is an appropriate role for the Border Force.