Immigration Act 2014 (Commencement No. 6) Order 2016

Debate between Lord Rosser and Earl Cathcart

Wednesday 24th February 2016 Lords Chamber

[Earl Cathcart (Con)]

My Lords, in Committee on the Immigration Bill on 20 January, I said that I supported delaying the roll out of the pilot scheme. I said:

“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”.—[Official Report, 20/1/16; cols.873-874.]

I still hold that view. I have great reservations about rolling out the scheme before the work has been properly done. The Residential Landlords Association recently surveyed almost 1,500 landlords across the country and showed that the vast majority of landlords simply do not have the information they need to undertake the checks properly. I am one of over 90% of landlords who said that they had not received any information from the Government about the right-to-rent checks by mail, email, from an advert or leaflet or from the internet, while 72% of landlords said that they did not understand their obligations under the policy. I only know about the right-to-rent checks because I am a Member of your Lordships’ House. I have received no other information.

Since Committee on the Bill on 20 January, the Minister has held a number of meetings with noble Lords, for which I thank him. My noble friend Lord Howard of Rising and I had one such meeting on not criminalising landlords who had done their best not to rent to illegals. We discussed whether immigration enforcement officers should be issued with clear guidance about when not to prosecute landlords who had done their best, so that only the deliberate flouters of the law could be pursued and prosecuted. I know that other such meetings with the Minister have also taken place on this subject. I do not know what the Minister has managed to achieve as a result of those meetings, so I will listen with great interest to what my noble friend says.

[Lord Rosser (Lab)]

We will not support the Motion in the name of the noble Baroness, Lady Hamwee, if it is put to a vote. I believe that this is the fifth or sixth such Motion moved by the noble Baroness’s party in respect of a statutory instrument in this Session. There appears to be a difference of view between us on the role of this House—the unelected House—in relation to such Motions on statutory instruments and the very exceptional circumstances in which voting on such a Motion might be justified in this House. I may be wrong, but I believe that we voted on just two such Motions in relation to statutory instruments during the five-year period of the coalition Government.

The terms of our Motion express regret that the Immigration Act 2014 (Commencement No. 6) Order 2016 was laid following inadequate consultation, and asks the Government to undertake a further consultation before the terms of the order are implemented. This order extends the right-to-rent scheme to the whole of England, and the scheme restricts the access of illegal migrants to privately rented accommodation. The first phase of the scheme has been in operation in certain local authority areas in the West Midlands.

The Immigration Act 2014 was passed by the then coalition Government. Under it, landlords who failed to undertake the required checks whether prospective tenants had the necessary immigration status were liable to payment of a civil penalty. During the passage of that Bill, the then Government said in respect of the first phase of the scheme that they understood,

“the desire of noble Lords to ensure that the landlords scheme is ‘workable’ and that the provisions are tested and carefully evaluated”.

They said that it was their intention,

“to adopt a carefully phased approach to implementation and to ensure that we get the guidance and support services absolutely right before considering wider implementation beyond the first phase”.—[Official Report, 3/4/14; col.1089.]

The Government also said that,

“one of the reasons why the rollout is important is that we need to check to see if there are any adverse implications in this policy”.—[Official Report, 12/3/14; col.1800.]

The Secondary Legislation Scrutiny Committee commented in its recent report on this statutory instrument that:

“The Home Office … needs to clarify the consequential impact on local authorities”,

and whether the demand for local authority housing would increase as a result. The committee also said that,

“it appears to us that the Home Office needs to do more to publicise the checks, in particular to the majority of small landlords who do not belong to a professional association”.

In the light of just those two observations by the Secondary Legislation Scrutiny Committee, there must be doubts as to whether the commitment given by the Government during the passage of the Immigration Bill 2014 to ensure that the guidance and support services were absolutely right before considering wider implementation beyond the first phase has been met. Likewise, there must be doubts about whether the commitment given to check if there were any adverse implications of the policy has been met in the light of the committee’s comment that the Home Office needed to be clear about the consequential effects of this legislation on local authorities and whether the demand for local authority housing would increase as a result.

Local Government Bill [HL]

Debate between Lord Rosser and Earl Cathcart

Wednesday 30th June 2010 Lords Chamber

[Lord Rosser]

My Lords, I note that that is the noble Lord’s view, but I doubt that it is universally held. I accept that he is entitled to his view, as I am entitled to my view and this side is entitled to its view on these issues.

The situation is that Norfolk County Council and Devon County Council object to Norwich and Exeter respectively being given the much greater freedom to manage their affairs that unitary authority status would provide, apparently on the basis that it would make life more difficult for them. If other county councils, such as Wiltshire County Council, can prosper with separate unitary authorities in their major urban areas, why not Norfolk County Council and Devon County Council? As the judge said, the decision by the previous Secretary of State was not irrational; he was entitled to reach the view that he did on the merits of the proposals. However, it is irrational for a coalition Government who preach the language of devolving power and moving away from big centralised government to deny the right of Norwich and Exeter to break free from what they obviously feel are the shackles of Norfolk County Council and Devon County Council respectively, both of which on this issue seem to have a adopted an attitude more akin to that of a colonial power, resisting to the end the desire for independence of those whom they currently rule.

There is a decisive majority on Norwich council and either unanimity or near unanimity on Exeter council, which goes across parties, in favour of unitary authority status. However, their views seem to count for nothing with this coalition Government, which is a clear message that, despite the rhetoric to the contrary, the wishes of locally elected representatives will be ignored by them.

We often hear it claimed that those who live in urban areas do not understand the culture and needs of those in rural areas. This issue with Norwich and Exeter is the reverse: there is a feeling that the rural-dominated county councils do not understand the culture and needs of the urban area. Frankly, at a time when the Secretary of State has so demonstrably failed to stand up for local government in England, which faces cuts in funding in the current financial year of £1.165 billion, there will be an inevitable feeling in Norwich and Exeter, which will no doubt prove justified, that their respective county councils will not exactly fall over themselves to ensure that the brunt of any coalition government cuts will not be borne by the two major cities within their areas.

It is Norwich and Exeter that seek unitary authority status.

[Earl Cathcart]

My Lords, the noble Lord seems to be arguing so passionately for their cause that I wonder whether he feels that the Merits Committee got it wrong.

[Lord Rosser]

My Lords, my recollection is that the Merits Committee said that it did not come to a definitive view on the arguments relating to unitary authority status for either Norwich or Exeter. It is not the role of the Merits Committee to make that view. The Merits Committee put certain issues in front of the House for the House to decide whether it wished to take them into consideration.

There was no attempted imposition by the previous Government. The imposition is coming from the new Conservative-Liberal Democrat coalition Government, who, contrary to the overwhelming wishes of locally elected representatives from different parties, have decided to ride roughshod over their views and deny them what cities of comparable size in other parts of the country already have—unitary authority status. That is what the coalition Government call “freedom, fairness and responsibility”.

I hope that the Government will think again and move away from the “central government knows best and will decide” stance that they are adopting on this issue and on a number of other issues in the short time that they have been in office. If the coalition Government are not prepared to think again, Norwich and Exeter will, unfortunately, have to be patient for a little longer, but at least the cross-party support for a unitary authority in those two fine cities will know where support can be found—and it is not on the Benches opposite.