Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Duke of Somerset Excerpts

Tuesday 7th June 2022 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, given what we have heard from my noble friend—I certainly support his Motion—it occurs to me that where these unfortunate people have language problems, it follows that the police, immigration officers and Border Force will have the same problems. Surely, it would solve a lot of their problems if a card could be produced to show that somebody had the right to stay and to prove their identity. I think it works both ways.

[The Duke of Somerset (CB)]

My Lords, I should like to add my voice to support this Motion to regret. The strong impression given by these regulations is that they have been developed entirely for the benefit of government and others, such as landlords and businesses, who have to check other people’s status. The needs of those with biometric residence cards or permits are not being treated with due consideration.

Apparently, 2.5 million non-EU citizens are being stripped of their right to use these cards to prove their right to work and rent, and that is a huge number. This contrasts starkly with the identity document validation technology, which is of course, by right, available to British and Irish citizens to prove the status digitally. Generally, they will do this by an identity app on their phone, which then allows them to use the physical passport in the many cases where digital proof does not work, or where a checker does not wish to use the IDVT process.

Why this disparity? What about the lack of privacy implicit in the digital-only system? Why are these people being treated as second-class? For that is what they perceive and many of us perceive them to be.

We have heard, and we all know, that technology fails. We are all familiar with the error messages that are normally infuriating, but when a process is vital—say, to secure a job or a house to live in—the risk of losing that opportunity is very real. That is why so many people prefer physical documents, including the devolved Governments, businesses and the status seekers themselves.

We have heard a little about the Ukrainians. They are also in this mess, arriving from a country at war. This Government are actively arming Ukraine brilliantly but have been pretty slow to accept its fleeing citizens. They are not English-speaking and, incidentally, many have had their dogs removed by the Home Office when they have full documentation for them, just to add to the difficulties they are suffering.

Can you imagine the further distress suffered when messages such as “service is currently unavailable” pop up on the portal website? I trust the Minister will tell the House why because the inadequate impact assessment really considers only the effects on those checking others. It ignores the needs of those being checked. I believe it certainly will have an impact on businesses, charities and local authorities, contrary to the statement in the Explanatory Memorandum.

There is nothing inherently wrong with digital but it needs backing up with physical documentation. I know the country voted for Brexit and the hard border controls that go with it, but the people we are considering this afternoon have a right to live and work here so can we not welcome them decently, humanely and with proper regard for their welfare, mental as well as physical?

[Lord Cromwell (CB)]

My Lords, I rise with a depressing sense of déjà vu. We had exactly the same discussions about EU citizens during the Brexit debates and it forces me to come to exactly the same conclusion, which I do not think anyone has mentioned so far. I suspect this resistance to physical proof derives from an almost fetishistic resistance to the idea of anything that feels like an ID card, despite the fact that every Member of this House in the Chamber right now is wearing one. I ask the Minister: is that what the impasse is? Does it feel like ID cards coming in by the back door and there is resistance to that? I would be very grateful for her clarity.

Brexit: Acquired Rights (EUC Report)

Duke of Somerset Excerpts

Tuesday 4th July 2017 Lords Chamber

[The Duke of Somerset (CB)]

My Lords, this valuable report makes it quite clear that one of the most serious implications of the Brexit decision is the position of EU citizens living and working in the UK and the corresponding position of UK nationals in the European Union. I congratulate the committee on the rather hard-hitting stance it has taken.

The outcome of the negotiations will impact directly and hugely on the lives of millions of human beings, their families, livelihoods, businesses and place of residence. That sentiment was echoed by the noble Lord, Lord Judd. These people are not trifling pawns in a great game; they are our fellow neighbours and citizens and as such they deserve properly thought-out, compassionate decisions as these will affect their lives for ever. As the Government wrote in their paper Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU:

“The UK is one of the most tolerant and welcoming places in the world and will remain that way. ... We recognise the need to honour that expectation”.


However, there are not many people affected by the current state of affairs who have much confidence that the Government are showing any inclination to do so.

We know that many of our industries and institutions will fail without a continuing supply of non-UK labour, and many of those who might come here have already been frightened off. Other speakers have made this point and made it clearly. I declare a sort of interest in that two of my children are living in Europe, forging careers that they wish to continue for a long time. Many thousands of other young people wish to do the same, to benefit from an Erasmus education, to broaden their horizons, to learn other languages and not to be confined to the narrow—brackets, minded, close brackets —borders of our island. Other people—retirees, for example —are distressed about pensions, healthcare and residence and employment rights during this uncertain period.

The unilateral immigration announcement of last week, which was derided in some quarters as too little and too late, is at variance with the general tone of the Home Office’s bureaucratic, long-winded, nit-picking procedures, which are highlighted in the report. Indeed, it notes the Court of Appeal’s comment that the rules are “Byzantine in their complexity”. How telling is that? It seems that this department of government wants to exercise the letter of the law, but not necessarily the spirit.

There is a lot of uncertainty over various terms that are being thrown around in the Brexit debate, such as “acquired rights”, “residence”, “citizenship”, “comprehensive sickness insurance cover” and “parties to treaties”. These terms are all capable of different interpretations, and they badly need clarifying and defining throughout the EU.

The report goes into detail to discuss various treaties and articles that may govern the future position and possible discrimination, but it does not point to very clear conclusions, save that there may be confusion and litigation. The report recites various agreements, such as the citizens directive 2004, the TFEU of 1993, Article 20 and the ECHR. All these purport to address rights, and they partially overlap, yet there are still gaps. I believe that we need an overarching commitment in EU and UK law. That is why these matters must be addressed in the withdrawal agreement. Will the Minister confirm that that is the Government’s intention, as that will give the greatest legal certainty in future?

Concurrently, in the event of the UK exiting without any agreement, safeguards must be maintained by national law. I ask that the forthcoming repeal Bill includes the continuation of the Immigration (European Economic Area) Regulations 2006 as they implement the EU citizens directive. As we know, reciprocity is not within the Government’s power to deliver, but now that they have finally acknowledged the principle of unilateral protection for EU citizens here, which this House has long called for, one is hopeful that the other member states will be more inclined to offer full protection for UK nationals in their states. In order to fulfil their pledge, the Government need quickly to safeguard the full scope of EU citizenship rights in the withdrawal agreement. This is recognised as a moral obligation by the report and by most other commentators. It is also economically vital in order to maintain our labour market.

I shall ask the Minister a couple of questions. The first is about visas. Does she envisage UK nationals having to apply for a visa to go to Paris for the weekend in two years’ time? Will we have to queue up at airport passport control with the multitude of other third-country nationals? If so, will this encourage our business men and women to travel to Europe to make trading deals there?

What about the cost of the fees, which we have already heard about? Does the Minister consider the £7,500 quoted in the report for a family of four to make an application for settlement in the UK affordable and reasonable? There is reference to the new simplified online system coming in in 2018, which I hope will address this matter in a proper manner.

My reading of the report is that the Government are determined to reduce immigration numbers considerably. However, they have had the legal opportunity to reduce non-EU migration for many years but have failed to act. Instead, they have concentrated on soft targets, such as students, and now are turning their fire on EU citizens. This is unacceptable from a moral and economic standpoint. Acquired rights must be addressed properly under Article 50, with reciprocity, speed and indivisibility. These rights should be frozen at the date of Brexit.

All these points are very well made in the committee’s report, and I urge the Government to act on them and perhaps to confirm them this evening.

Airport Capacity

Duke of Somerset Excerpts

Monday 14th December 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

The noble Lord raises an important point about air freight, which of course contributes over 40% of the UK’s non-EU trade and over £140 billion in total, which is a very important part of the offering. As the noble Lord rightly pointed out, this is an important issue and one of the many factors we are considering. We will be working on the proposals in front of us from the Davies commission to ensure that the best decision is taken for expansion of airport capacity in the south-east. It is an important consideration and it will be part of our discussions going forward.

[The Duke of Somerset (CB)]

My Lords, might the Government consider spreading the pain and pollution by treating both Gatwick and Heathrow as just different terminals of the same London airport? A new runway at Gatwick, linked by dedicated high-speed rail link, might solve many of the problems that have been outlined this evening, as well as joining up the rail system with the other improvements that the Minister alluded to earlier.

[Lord Ahmad of Wimbledon]

The Davies commission put forward distinct proposals on south-east airport expansion. The important thing he raises, which the Government are fully committed to, as I have said earlier, is that when it comes not only to our airports in the south-east but our airports across the UK, we need to look at increased connectivity through surface transport. Indeed, a greater level of investment is going on through Crossrail, and the development of HS2 will ensure that our connectivity across our airports across the United Kingdom will be much stronger to allow for greater contributions to be made to economic development and to allow one airport to complement the other.

Aviation Security

Duke of Somerset Excerpts

Thursday 5th November 2015 Lords Chamber

[Lord Ahmad of Wimbledon]

As my noble friend will know from his own experience, these matters are very fluid. As I said, we are hoping to resume flights at the earliest possible time, as the Statement indicated. We want to ensure that we can facilitate the safe departure of those who want to leave as soon as possible. We are making sure that various factors are in place to ensure that we can facilitate that. The volume of people who wish to leave Sharm el-Sheikh requires certain logistics to be in place on the ground. As I indicated in responding to the noble Baroness, Lady Symons, we are working very closely with the airlines to ensure that the correct number of aircraft are available to facilitate the departure of this sizeable number of people. However, ultimately, we will be driven in all of this by the need to ensure that we are satisfied with the security arrangements for their safe passage and departure from Sharm el-Sheikh.

[The Duke of Somerset (CB)]

My Lords, a noble Lord asked about routeing. Some airlines have announced that they will change their routeing and some have refused to comment on their routeing. Is it possible to devise a mechanism whereby passengers can be reassured that their flights in the future will avoid some of the world’s trouble spots such as Syria and Iraq—and now we have to add Egypt?

[Lord Ahmad of Wimbledon]

Airlines share information with their passengers as they consider appropriate. All that it is appropriate for me to say at this point is that the Government receive intelligence reports from across the world. We share certain reports with airlines and we share certain levels of advice. Based on that, and in the light of events, some of which the noble Duke has articulated, airlines make certain adjustments. We could go into the mechanics of the extent to which threats can be realised in some parts of the world and the height at which planes should be flying. All these things are of a very technical nature. However, the authorities, Governments and airlines correspond with each other on a regular basis with regard to security measures to ensure that passengers of whatever nationality, wherever they are in the world, can be protected across the world.

Queen’s Speech

Duke of Somerset Excerpts

Tuesday 2nd June 2015 Lords Chamber

[The Duke of Somerset (CB)]

My Lords, I cannot find “agriculture” in the Queen’s Speech but its first sentence speaks of legislating in the interests of everyone. The UK rural economy is in a precarious position, with the volatility now prevalent in commodity prices. Many rural businesses are unincorporated and have therefore not benefited from the useful cuts in corporation tax that have helped others, so I trust that the lock on the three main taxes—income tax, VAT and national insurance—will not lead to consequent increases in other business and property taxation. I declare an interest, as in the register, as an owner of rural land.

Many farmers have suffered badly from the failure of the £150 million computer system at the Rural Payments Agency. Few agricultural sectors are profitable, while some are barely sustainable, so the failure to make budgeted support payments on time will seriously impact farmers and their relationships with their bank managers. We know that, despite protestations to the contrary from the RPA, some farmers have not—or only very recently—received their replacement paper forms. The 15 June deadline which is close at hand coincides with a period of peak activity in the industry calendar. In addition, the agency is continuing the tradition of gold-plating, as mentioned by the noble Lord, Lord Plumb, by demanding extra information on permanent ineligible features which have been easily dealt with in the past. Why are we burdening farmers and the RPA with this extra work at this crucial time? I believe that the basic payment scheme form takes about 10 hours to fill in, so can we be assured that the computer will work properly in 2016?

The Government have announced plans for a farm strategy initiative, which is greatly to be welcomed. I hope that it will put an end to the decades of vacillation and commit to effective measures to combat bovine TB, and produce a robust timetable for culls. Some 4,700 new herds were affected last year and 33,000 cattle compulsorily slaughtered. Why are the lives of one particular specie of animal—badgers—valued more highly than another—cows? They are surely equal, before any consideration of economic value, and should be treated as such. Fifty thousand badgers are killed on the roads; they are not endangered. Despite what the British Veterinary Association states, controlled shooting is effective and is routinely used to manage deer, foxes and rabbits without drama. If TB could be eradicated on the farm the remaining badgers could coexist with healthy cattle in a balanced countryside, to the benefit of all. However, this would need difficult decisions to be taken with a backbone, and with a strong explanation to the public as to why.

Many noble Lords will have experienced good mobile reception and fast broadband throughout remote parts of the rest of the world, so it is absurd that rural Britain has to suffer poor or non-existent services. All businesses, including rural ones, need a much better service. Ask HMRC why it made people fill in its forms online, or indeed the RPA. One of its directors has said:

“The new Rural Payments online service is the only way to claim your money this year”.

Is there a reason why the Queen’s Speech did not reaffirm the Budget announcement about delivering a universal service obligation on our internet providers? They need this stick to focus on the urgency of meeting delivery targets.

Leaving the EU will not benefit our farmers. It will not reduce the red tape or bureaucracy, nor is it likely to ease the nightmarish regulations and forms so loved by authorities. All our main political parties have indicated that they would reduce subsidies if left to their own devices. Such is the result of the increasing urban focus of politicians. Let us hope that the new farm strategy encourages domestically sourced agricultural produce to counter increasing imports and, most importantly, to enhance and bolster rural businesses.

I turn very briefly to forestry. The wider spread of diseases such as phytophthora in larch, and ash disease, is threatening our landscape. It is important that the Government pay attention to the importation of plants and timber from abroad, which is where these diseases largely come from. Checks and controls need to be strengthened if our countryside is not to be utterly altered, as it was at the time of Dutch elm disease.