Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Debate between Baroness Ritchie of Downpatrick and Lord Bishop of Southwark

Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020 Lords Chamber

[The Lord Bishop of Southwark]

My Lords, I too wish to speak in favour of the amendment, tabled by the noble Lord, Lord Oates, together with the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride, to whom I express gratitude for their skilful drafting.

I am still asked to provide evidence of my identity by means of a driving licence or a passport, or, upon entering the parliamentary estate, a parliamentary pass. The stated aim of the Government to confer settled and pre-settled status solely by digital means as a prelude to all immigration status being signified in this way is as curious as it is alarming. I say “curious” because it demonstrates a capacity for technological solutions from a department whose record in achieving them is mixed at best, and because it is being delivered to a House unable until today to vote by electronic means on its last slew of amendments. I hope that the Minister will take note of how heavily the Government have been defeated on each and every vote today. They are likely to be defeated again if the amendment comes to a vote, as it is another amendment that is not at all political and commends itself to common sense and human decency.

The Home Office was due to implement an electronic border system by 2011 for monitoring passenger data. This was put back to 2019, and I understand that the contract was terminated at one point. The Minister might advise us on how the system is going.

Last year, the Public Accounts Committee, reporting on matters to do with the Windrush scandal, picked up on its own prior concerns about the handling of electronic data at the department. It further mentioned that the Independent Chief Inspector of Borders and Immigration found that the department had wrongly identified some people as disqualified from having a driving licence or a bank account, but the department rejected the recommendation to cleanse its disqualified persons list of people who should not be on it, which is again curious.

I cannot be the only Member of your Lordships’ House whose email inbox has been inundated with the pleas of EU citizens and their spouses on this amendment—in fact, I know from this debate that I am not. We have to ask why this is the case. Why this particular amendment? As has been noted, Australia took 19 years to migrate one category to a digital status only. What of the inevitable inaccuracies of such a screen? What of when the system goes down, as it most assuredly will? What of those who do not remember the email address with which they registered? What of those, especially the elderly and perhaps more vulnerable, who might have relied on a neighbour or a charity who used an email address unknown to them? Such a person is trusted with a library card but not with something tangible—something that fits into a wallet or purse and identifies them more easily than the frailty of any app is yet able to do. Indeed, it is curious—my favourite word this evening—that we should go out of our way to make the lives of others so difficult. There is simply no need to do this and we should not do it.

In designing a system for administrative convenience rather than accommodating the realities of daily human life, we risk visiting unnecessary and avoidable difficulties on many of our fellow citizens. That is why I support the amendment and hope that the Minister will accept it.

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, it is a pleasure to follow the right reverend Prelate the Bishop of Southwark. I fully commend and support the amendment for EU settled status, in the names of the noble Lords, Lord Oates, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride. This is a very moderate amendment, as the noble Lords who spoke before me clearly stated, and it makes a very simple request to which I hope the Minister will be able to accede.

By way of explanation, I will quote from a letter I have received. As noble Lords have stated, we have all received letters and emails from people throughout the UK who are EEA citizens and deeply concerned about this. It states:

“For some reason the Home Office is only giving EU nationals a digital status, which is a source of great anxiety to EU citizens that I know. Given how important it will become to prove your right to reside in the UK after Brexit, it is puzzling why the Home Office is only giving EU nationals a digital status rather than being able to present a plastic residence card with their photo and biometrics in it. They have to request employers and landlords to access a Home Office database by providing a code.”


As we have seen in your Lordships’ House, digitisation can work very well the majority of times, but there are times when it does not work at a satisfactory level. If that happens in this case, with people applying for settled status, it could cause anxiety if they cannot gain access. It will cause them considerable levels of worry. I therefore urge the Minister to give careful consideration to this well thought-out amendment and to remember that such a biometric card should be made available if it is so required.