Immigration Bill

Debate between Lord Jackson of Peterborough and John Howell

Tuesday 22nd October 2013 Commons Chamber

[John Howell (Henley) (Con)]

It is a great pleasure, as always, to follow the hon. Member for Slough (Fiona Mactaggart), although I shall not be agreeing with her. It was also a great pleasure to hear from my hon. Friend the Member for Poole (Mr Syms), who is no longer in his seat. I agree with him about the reasons to support the Bill. He spoke of the impact immigration has on the streets and it is true that this is a matter of great concern. The immigration rules have been reformed to cut out abuse where it is rife, but there is still more to do, particularly on landlords.

Let me start with the report by the Migration Observatory in Oxford entitled, “Migrants and Housing in the UK: Experiences and Impacts”. It is a very short report that sets out some key findings, one of which is that the foreign-born population has significantly lower home ownership rates than the UK-born population. The detail shows that the foreign-born population is three times as likely as the UK-born population to be in the private rented sector. If we drill down further, we can see that recent migrants are more than twice as likely as the normal foreign-born population to be renters—76% are more likely to rent. Foreign-born individuals have lower ownership rates than UK-born individuals and have greater representation in the private rented sector.

Recent migrants have very different accommodation standards. The report states that

“new migrants moved into temporary accommodation upon arrival…However, after realising that their stay in the UK could be permanent it is common for migrants to look for better housing choices”.

The evidence from that statement is clear: if we want to look for new migrants and potentially illegal immigrants, we need to look at the private rented sector. It is a key part of trying to ascertain where they might lie within the system. The evidence so far suggests that that is what is happening.

The UKBA and Ealing council recently visited six properties and the agency found that 22 out of 39 individual tenants, a large percentage, were illegal immigrants. Of those 22, 19 were detained. Of those 19, nine entered the country without leave, eight were overstayers, one was a failed asylum seeker and one was working in breach of his visa conditions. In such circumstances, the correct duty should be for the landlord to check for residence status. There is a long list of excluded tenancies in the Bill and the Secretary of State has the right to grant such a right to a person who would otherwise be disqualified.

The obligation on landlords—the choice of words is crucial—is to make “reasonable enquiries”. Private landlords are not expected to be experts in immigration; they are expected to make reasonable inquiries. They are not supposed to know the details of all the 400 or so immigrant visas that were mentioned earlier. They are merely meant to make reasonable inquiries. We are looking to secondary legislation to include a list of acceptable documentation.

[Mr Stewart Jackson]

My hon. Friend is making an important point. He will no doubt be aware of a 2006 study by Cambridgeshire constabulary that considered crime trends arising from the 2004 accession, particularly in houses in multiple occupation in Peterborough. That showed the disproportionate impact of crime on women living among largely male occupants of such houses as a result of poor landlord stewardship. Is that not an important issue that the Bill will address?

[John Howell]

I am grateful to my hon. Friend for mentioning that. I was not aware of that valid point and I am sure it adds to our debate.

The penalty payment is £3,000 per individual. A public consultation ran over the summer and the majority of landlord representative organisations opposed and disagreed with the principle of the policy. Most of the comments related to untrained British civilians undertaking the work of immigration officials, but the policy is a positive way of landlords contributing to British society given the proven link between migrants and rented accommodation. That contribution to British society will also involve freeing up the housing stock.

The policy will not conflict with landlords’ contractual arrangements. Indeed, if we ask the members of the organisations rather than the representative organisations we find that many members undertake such checks anyway—63%, I think. The Minister is nodding. The Bill is simply asking that all landlords do what the best landlords already do.

There is no reason why the system should not be clear and easy to comply with, and I accept that it must be. However, I do not accept that landlords will be confused about who is caught by the provision and I do not accept that any substantial cost burden will be passed on to tenants. I accept that publicity is important, and that we have to let landlords know what is happening. There is a need to be precise if we are to get the message out. I received calls from constituents on the matter when it was first mooted, as they were confused and wanted assurances about what was right. I was able to give those assurances. The issue of potential discrimination, which the hon. Member for Slough raised, is a real one, and I look forward to guidance from the Government to overcome that.

I shall conclude, as other Members wish to speak. This is a simple process for landlords, and it is something that they already do in the main. I urge the Government to make it simple, so that we can keep a check on migrants.