Immigration Bill

Debate between Earl Cathcart and Baroness Lister of Burtersett

Wednesday 20th January 2016 Lords Chamber

[Earl Cathcart (Con)]

My Lords, I support the amendment about delaying the rollout of the pilot scheme. This seems to focus on the likelihood of landlords potentially asking all those with foreign names or accents for evidence of their right to rent. I thought that the whole point of a pilot scheme was to ensure that what was being put forward was actually working as intended. However, as mentioned by the noble Baroness, Lady Hamwee, the Joint Council for the Welfare of Immigrants found that two-thirds of landlords had not fully understood the code of practice on preventing illegal immigration or indeed the code of practice on avoiding discrimination, and that 50% of those who had been refused a tenancy felt discriminated against, while 40% of tenants in the pilot area had not been asked for any identity documents. That is hardly a resounding success for the pilot scheme, yet the Government want to roll out this contentious scheme across the country next month. That cannot be the right answer.

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak in support of Amendment 151 in particular. The pilot scheme has done nothing to allay all the fears that have been voiced by many organisations that the policy will have unintended, discriminatory consequences, for the reasons given by the noble Earl, Lord Cathcart, and the noble Baroness, Lady Hamwee.

The noble Baroness, Lady Hamwee, referred to the JCWI’s independent evaluation. I would be interested if the Minister could tell us what view the Government take of its evaluation alongside the pilot that they have prayed in aid to suggest that everything is fine.

At Second Reading I made brief reference to concerns raised by the charity Rights of Women about the possible implications for women fleeing domestic abuse. I will quote more extensively from the briefing it sent, because it is important. Rights of Women, as noble Lords may know, is a charity which specialises in supporting women who are experiencing or are at risk of experiencing, gender-based violence, including domestic and sexual violence. It says it is,

“deeply concerned that the ‘right to rent’ scheme will place already vulnerable migrant women who have experienced domestic violence at further risk of harm as a result of a scheme that creates barriers to accessing private … accommodation … Many women, including British citizens, experiencing violence in their relationships will have been deprived of access to important documents, such as passports and biometric residence permits, necessary to prove their right to rent and therefore these provisions will have a disproportionate effect on women fleeing abusive partners or other perpetrators of abuse regardless of their nationality.

Furthermore, women with limited leave to remain in the UK on the basis of their relationship with a British or settled person are dependent on that relationship subsisting for the continuation of their leave; when the relationship ends their immigration leave is at risk and women need to take steps to regularise their status in another category. Women who have fled abusive partners often need time to recover from their trauma before starting to address matters such as regularising their immigration status. It is not uncommon for a woman to find out much later after the breakdown of a relationship due to violence that unbeknownst to her the Home Office has curtailed her leave after her abusive partner informed them of the relationship ending. Without receiving notice of a Home Office curtailment decision, a woman can find herself without leave in the UK, unable to work or access housing.

Many of the vulnerable migrant women we advise on our telephone legal advice line have left or are trying to leave abusive relationships. Of these women a significant proportion are presently undocumented though either have an existing right to reside in the UK under European law or have a strong basis on which they can submit an application to the Home Office for leave to remain. The ‘right to rent’ scheme places these already vulnerable women at further risk by preventing them from accessing their own safe private rented accommodation due to a lack of documentation”.

These women will then be,

“at risk of homelessness, renting from exploitative landlords, returning to abusive partners or being forced into entering exploitative relationships”.

The charity gives a couple of case studies which illustrate the very likely problems that could occur, which I will not cite now given the lateness of the hour. However, I will ask: how does this fit in with the Government’s laudable strategy to end violence against women and girls?