Immigration (Leave to Enter and Remain) (Amendment) Order 2013

Debate between Baroness Smith of Basildon and Lord Davies of Stamford

Thursday 27th June 2013 Lords Chamber

[Lord Davies of Stamford]

I hope that the noble Earl will forgive me if I intervene on a slightly different matter, but a matter directly related to the subject of this order. I believe it to be in the public interest to do so. I shall speak very briefly.

I discovered this morning from my NHS GP—who has a practice in the centre of London, and whose name I cannot put on the record because I do not have his consent to do so—that very frequently he and his practice colleagues come across prima facie evidence of immigration fraud, people being here illegally or indeed people illegally accessing NHS services. Although there is a hotline available to medical practices to report prima facie evidence of benefit fraud, apparently there is no hotline or other mechanism available to GP practices in this country or to medical centres to report prima facie immigration fraud or other immigration irregularities or illegal access to NHS services. I wonder whether the noble Earl will give some consideration to whether it might be a good idea to provide such a mechanism. I believe that the corresponding mechanism that is supposed to alert the authorities to prima facie evidence of benefit fraud works very well.

[Baroness Smith of Basildon]

My Lords, I am grateful to the Minister for his explanation. I have a couple of questions for clarification on the order. At the top of page 2, Article 4 inserts two new articles, 8 and 8ZA. Article 8 has a new process of an oral grant or refusal of leave, whereby an individual who has been granted leave to remain or refusal to remain can be told that by telephone. I am slightly puzzled about the mechanics of how that would work. I indicated to the noble Earl that I intended to raise this matter.

Some people who apply will, of course, not have English as their first language and may have difficulty in understanding. What process is undertaken to ensure that the person receiving the notice to leave the country or to remain fully understands what they are being told, so that there is no misunderstanding? If someone receives something in writing saying that they do not have leave to remain in the country, they can take it to a solicitor and get advice, but if they receive that information over the telephone they will have to digest it at a later date. I am slightly concerned that someone may get information but not fully understand the nature of that information and not be able to act on it because they are puzzled or do not have any proof of that information. How is it possible to be assured of the identity of someone being notified that they may be granted leave to remain or refused leave to remain in the country if you only talk to them on the telephone? I have questions about how that will work. I am not clear about the security issues involved.

Article 8ZA paragraph (4) says:

“Where attempts to give notice”—

for a grant, refusal or variation of leave in writing—

“are not possible or have failed”.

That is the point that the noble Earl was making. That could be put on file and deemed to have been served. In paragraph (4) it refers to “attempts” in the plural, so obviously two attempts have to be made, but is there any guidance on how those attempts should be made? When it talks about attempts to give notice not being possible, why would it not be possible to make an attempt to contact someone? I am slightly puzzled by the wording.

Paragraph (6) says:

“A notice given under this article may, in the case of a person who is under 18 years of age and does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child”.

Does that mean a legal responsibility, or could it be a casual and informal responsibility? I recently raised a case with the Home Office where an individual was seeking to have a passport returned on behalf of another person and I was told that it could not act or intercede with that person because there was no legal authority to do so. I am slightly puzzled how the situation of someone who, for the time being, takes responsibility for a child being able to receive information regarding the granting, refusal or variation of a right to remain in the country would work in practice.

My final point is on the presumption of receipt of notice. The article refers to the notice being sent by the postal service and on the second day after it is sent,

“it shall be deemed to have been given to the person”.

What happens in the event of a mail or postal strike, as we have seen in some parts of the country? I would be grateful if the noble Earl could clarify those points and give me some answers.