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

Debate between Lord McNicol of West Kilbride and Lord Kerslake

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

[Lord Kerslake (CB) [V]]

My Lords, I am pleased to add my name to this amendment, and again thank the noble Lord, Lord Oates, for his diligent pursuit of this issue. Unfortunately, I was not able to join the debate in Committee on 14 September, but I have read the record of the debate. The case for providing access to physical records has been so compellingly made by the noble Lord and other Peers across the Chamber that I do not feel the need to repeat it tonight.

The question I have reflected on is why on earth the Government would not be willing to agree to this. It does not cut across a manifesto commitment, set an unwelcome precedent, or involve major cost or administrative difficulty. As other noble Lords have pointed out, we already have such physical proof available for non-EEA citizens. Having read through the records, I think that the only arguments put forward by the Government are that they are committed to the path of digital, and that it is not necessary.

On the first of these arguments, nothing in this amendment implies that the Government should divert from the path of increasing the use of digital technology —this is really important. It simply says that in the particular circumstances we are dealing with here, the opportunity to also have physical proof is a very important, indeed vital, reassurance. On the second argument, the3million group and the individual representations have provided very good evidence that it is seen as necessary by those affected. However, if it is not necessary, we can expect the take-up to be very small, and there would be an opportunity in the future for the Government to revisit the issue. This is a straightforward and deliverable change to the Bill that would be widely welcomed by a group of people caught up in this process through no fault of their own. It is a small bit of humanity and common sense.

If the Minister is so sure of her ground—of the certainty that the systems will work exactly as intended, without error—she may hold on to her position and I hope that it goes to a vote. But I ask her to think again, because none of us can give that level of certainty to something that is so vital to people’s lives.

[Lord McNicol of West Kilbride (Lab)]

My Lords, the noble Lord, Lord Oates, has, in his opening contribution, clearly outlined many of the arguments why this simple, short amendment on physical documentation should be accepted by Her Majesty’s Government. It is only five lines long, but within those five lines, so much future heartache and pain could be averted—averted for the most vulnerable in society.

As we have heard, this amendment is tempered and moderate. The words

“and who request such proof”

in subsection (1) show how measured this cross-party amendment, proposed by a grouping of the noble Lords, Lord Oates, Lord Polak, Lord Kerslake and me, is an attempt to be. I hope that the Minister can be as accommodating as we have been.

There have been calls under previous amendments for physical documentation to be automatically provided for all. I have sympathy with that call but, in the hope that we can get to a position where our amendment could be accepted by the Minister and Her Majesty’s Government, the words

“and who request such proof”

have been added. It would be a very sad day if the Minister cannot accept this short and sensible amendment.

In rereading the Commons Committee debate and previous debates on this amendment in your Lordships’ House, like others, I am still at a loss to understand why the Minister feels she cannot accept or support it. The arguments against have been, at best, vague. When responding on 14 September, the Minister said, when referring to the Home Office letter:

“I must say, it is not proof; it is confirmation. This should reassure individuals about their status when dealing with the Home Office in the future”—[Official Report, 14/9/20; col. 1094.]


Well, no. It is the issuing of the physical proof that is vital and will give those individuals the reassurance they need. We all heard the noble Lord, Lord Russell, in his contribution on Amendment 16 talking about the issues surrounding the Home Office. It is vital for so many reasons—for work, for housing, for the feeling of belonging.

Like many others who spoke earlier, I fully support the digitisation and the move to online processing and ordering, but there are issues and concerns with the only form of access to proof being digital and online. We have heard some of those. What happens if the online systems fail—like our voting system last Wednesday, when it was critically and crucially needed? Only this weekend, we have seen the failures in relation to Covid testing and the errors that have occurred with the digitisation there. But it is not just the errors: there are also those who are not digitally literate. What support will the Government offer to them, if they will not accept the amendment?

I hope that, with the cross-party support of this simple, short amendment, it can be accepted and introduced.