Lord Wallace of Saltaire
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Immigration Bill
Lord Wallace of Saltaire Excerpts(8 years, 9 months ago)
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“( ) The Secretary of State must by regulations made by statutory instrument provide for the application of the provisions and penalties under this section to those responsible for assuring that border controls are enforced on arrivals and departures at general aviation sites, private landing strips and helipads.”
Lord Wallace of Saltaire (LD)
My Lords, we are now on to Part 6 of the Bill on border security. This is the first of a number of amendments on that. I welcome government Amendment 239C, which recognises that border security is not only about maritime security; we have a land border in Northern Ireland. Many years ago when I was at Chatham House and dealing with the beginnings of European co-operation in police, I kept coming across policemen, as well as Conservatives, who said, “But we’re different. We only have a maritime border”. They should go to Dublin and try to explain that. The delicacy of the border between Northern Ireland and southern Ireland is very considerable and would be very sharply affected if we were to leave the European Union. It is very good to see the government amendment.
My initial interest in this area came from looking at the Channel Islands as a very odd, semi-British dependency. I noted that the owners of the Daily Telegraph—a newspaper that bangs on about border security and the defence of British sovereignty—have a company that owns at least one helicopter, which advertises that it flies between Brecqhou and Monaco. Since the Channel Islands’ authorities rarely, if ever, send a policeman to Brecqhou, let alone a border security officer, I assume that this is a means of entirely avoiding border security. I mark that as one of the many oddities of the way the debate on sovereignty and border security in this country takes place.
Thinking more widely on this, we can see that it is clearly a serious loophole. I am one of those people who occasionally looks at the Financial Times weekend supplement, How to Spend It, just to see how people who earn £3 million a year or more get through it. The editor of the Daily Mail, another newspaper that bangs on about sovereignty and border security, is supposed to earn £3 million a year, so now doubt he thinks about spending his money on things such as that. There are advertisements in How to Spend It for yachts with their own helicopters, so you can fly directly from your yacht in the Mediterranean to your helipad on your estate in Surrey—or, for that matter, the helipad close to us in Yorkshire, where you can get straight on to the grass moors, if you like, again without passing through border controls.
As the super-rich extend their ability to fly in light aircraft and helicopters across national boundaries, there is a growing problem that needs attention. When I first came into government I was briefly spokesman for that aspect of the Home Office that dealt with counterterrorism and border control. I spent a very interesting day with the West Yorkshire Police and the combined Yorkshire serious crime squad, learning about how they work. One of the things I remember most strongly from that was that there is no domestic serious crime. All serious crime involves criminal networks; all important criminal networks are cross-border.
The idea that we do not need to be too careful about helipads at luxury hotels, golf courses or estates in Surrey because the people who go there are rich and therefore law-abiding is not necessarily accurate. Some of them may be rich and not entirely law abiding. Some of the richest people in this country are Russian oligarchs. They may, or may not, be law abiding in this country, but the origins of their wealth may not have been entirely according to British legal standards. Others are from Gulf royal families. Most of them are entirely honourable people, but occasional ones claim diplomatic immunity because they represent St Lucia on the International Maritime Organisation or whatever. There are, therefore, occasions when they may not be entirely in accordance with British law. We have no idea who they may bring in and out of Britain in their private aircraft or helicopters. They may even be bringing domestic workers without visas to work for them here under conditions which we regard as illegal and against the Modern Slavery Act.
I raise this question as there is a major loophole in border security and incursion into British sovereignty. I hope the Government will provide a sign that they are aware of the seriousness of this loophole, which is growing as air traffic from private aircraft and helicopters grows, that they are doing something about it and that they will close the loophole. I beg to move.
Lord Teverson (LD)
My Lords, I shall speak to Amendment 241A in my name. At the end of the debate at Second Reading, the noble Lord, Lord Bates, responded extensively to a wide range of questions and comments. One of them, brought up by me and a number of other noble Lords, was about the fact that we have so little information in this area. In his response, the Minister read off a whole lot of evidence and research that the Government had possession of. I was unsatisfied by that, because most of the information did not help to determine an evidence-based policy towards migration, particularly the illegal migrants who are in the country. I therefore set myself a challenge: if I was making a decision, as a Minister, on the basis of evidence, what would I want to know? If, in my business life, I was looking at market research, what would I try to determine? I then asked myself if it was possible to determine them, because that is clearly the second stage of this. I have put in the amendment the sort of information that I would want to know if I was a Minister or Secretary of State making decisions about how I approached this subject. Illegal migrants in the country are clearly a problem: no one denies that. If they are here illegally they should not be here, and we should be able to take action. I have a list of eight or 10 things that I would want to see. I will be interested in the Minister’s response in terms of actually finding those things out. Are they, indeed, the sort of things they should know?
The second question is: is it possible to know about and explore something that is an illegal activity? There have been studies of the number of illegal migrants in the UK but I understand that the last major one—maybe by the LSE—was in 2009. It estimated that there were somewhere between 400,000 and 800,000 in the UK. There is quite a large margin of error between the minimum and maximum numbers in that estimate. Is it possible to measure illegal activities? I expect that noble Lords are aware that in May 2014 the Office for National Statistics started to include in GDP figures the amount of GDP generated by illegal drugs and prostitution. Prostitution is not strictly illegal, but in terms of how it is carried out it is broadly seen as an illegal activity and therefore had not been brought into GDP before. The total GDP for those two activities was about £12 billion; more or less 50%, or £6 billion, related to illegal drugs, and approximately the same figure related to prostitution. It is therefore possible to estimate those types of figures with a reasonable standard error, if not with certainty.
The techniques that have been used to measure illegal migration are the Delphi method, the capture-recapture method and the residual method, which has been used to make these estimates in the United States. I am not for a minute saying that this is an easy or totally accurate exercise, but for decisions around such important areas as this, which we all want to solve, we should spend a little more resource and time moving away from rhetoric and into understanding what is going on. By doing so, we might have a lot better decisions about migration management, and there might be legislation that we can all agree on, rather than taking rather normative views.
Lord Ashton of Hyde
The Home Office understands that because it takes advice from the law enforcement agencies. Of course, we also take advice from my noble friend. It is not true to say that the Home Office does not recognise the security situation. In fact, the Home Secretary regards it as her highest priority.
Lord Wallace of Saltaire
My Lords, the noble Lord must clearly be too young to remember who abolished exit controls. It was indeed Margaret Thatcher, when Prime Minister, as an economy measure. She thought that they were unnecessary and cut the number of people employed by the border service. That was some time ago.
Lord Green of Deddington
Perhaps I may correct the noble Lord. Exit checks to Europe were abolished by the Conservative Government in 1994 and exit checks to the rest of the world were abolished by the Labour Government in 1998. Both decisions were wrong.
Lord Wallace of Saltaire
My Lords, I tabled my amendment simply to make sure that the Government and, in particular, the Home Office took this point on board. I am very happy to talk further. We are looking for a response from the Government on this. Of course we recognise that 3,000 private airports cannot be entirely covered. One has to use intelligence. As the noble Lord replied, I was thinking of the days when as a schoolboy I used to dip sheep on a farm. The policemen always turned up to check that you were dipping the sheep properly. In those days, there were ways in which they made sure that the law was enforced in all sorts of places around the country. Clearly, we need a degree of intelligence.
The use of private planes and private helicopters is clearly growing. This is not a static situation. The Government’s response therefore cannot be entirely static. They have to be much more aware of what is going on and of the potential for abuse and for people who are engaged in illegal activities, possibly even terrorism, to use this route as well as many legitimate people.
The noble Lord did not mention the Channel Islands loophole. I have asked a number of Written Questions on it. I am struck that the liaison between the British Border Force and the authorities in the Channel Islands may not necessarily be as tight and mutual as we would wish. If one looks for areas where our border controls may not be entirely secure, the Irish land border and the Channel Islands maritime border are the most vulnerable. I will be interested to hear what the Government have to say on that in particular.
Above all, we need to be sure that the Government do not give the impression that there is one law for the rich and another for the rest of us. There are a number of other areas where the Government are edging towards a situation where unkind people, or Private Eye, could indeed suggest that there is now one law for the rich and another for the rest of us. I look forward to further discussions off the Floor with the Government. I beg leave to withdraw my amendment.
Lord Wallace of Saltaire
My Lords, when I was in government I asked on a number of occasions how many British citizens hold dual nationality. We all know that we run into a number of problems with dual nationality, particularly when a British citizen of origin of another country is taken into custody in the country of origin. Dual nationality is a very cloudy concept. I should simply like to add that it would be very helpful if the Government would take this back and possibly even provide a Green Paper on the whole issue of dual nationality within Britain. We all have friends in that situation. I have a nephew and niece who hold British and Irish passports and a nephew who holds British and South African passports. My niece, who works for a development charity, sometimes finds it extremely useful not to be a British citizen when she is in a rather difficult country.
There are some major issues here. A substantial minority have British and Pakistani citizenship, and another substantial minority have British and Bangladeshi citizenship. These are delicate issues. They raise large public policy questions and some security questions. It would be useful if the Government would commit to looking at this matter further and reporting back to Parliament.
Lord Ashton of Hyde
My Lords, I am grateful to all noble Lords who have spoken. Perhaps I should first declare an interest in that one of my daughters has dual nationality. Indeed, she has two passports.
I start by saying that the noble Lord, Lord Green, very kindly asked me to ask my officials rather than answer his question. I certainly will ask my officials. Equally, I will take on board the comments of the noble Lord, Lord Wallace, and take them back to the department.
My noble friend Lord Marlesford has form on this question. I am conscious that I am but the latest in a long line of Ministers—“distinguished Ministers” is being whispered to me—including my noble friends Lady Anelay, Lord Taylor of Holbeach and of course Lord Bates, who, within a very short space of time, have answered the question put by my noble friend Lord Marlesford during debates on immigration Bills, counterterrorism Bills and in Questions in the House. As I said, I am just the latest in a long line and so, in hope rather than in expectation, here goes.
My noble friend will be aware from his long-standing interest in this matter that Her Majesty’s Passport Office requires holders of passports issued by another country to provide details of that passport at the time of application. He made the point that he understood that; the question was whether it would be on an electronic, searchable register. The reason for asking for other passports is to minimise the ability of the British passport applicant to obtain a British passport in a name and identity which is not consistent with an overseas passport. The holding of dual or second nationality is not in itself relevant to the issuing of a British passport. Instead, HMPO collects the information on any other passport held in order to help confirm the identity of the applicant. It provides an additional element of identity verification.
Therefore, requiring a British passport holder who holds or held dual nationality to supply information outside the British passport application process would be an unnecessary and additional function for HMPO. Failure to notify any acquisition or loss of citizenship would require an enforcement and penalty structure. This would in our view be disproportionate and likely result in legal challenges as the failure to notify would have no impact on the validity of the British passport. As I said, it is already a mandatory requirement for all applicants to submit any other passports that they hold, British or otherwise, when applying for a new passport. However, I can tell my noble friend that the Home Office continues to explore ways in which information held within the department is shared effectively to help to prevent and detect crime. My noble friend will be pleased to learn that HMPO is looking at enhancing how information at the point of application is collected and shared across Home Office agencies by making better use of technology. This would include information collected on dual national passport holders at the point of application. Information is held by the Home Office on dual nationals who apply for British citizenship and who subsequently apply for a British passport. Such information is necessary to progress the application for citizenship or when making jointly an application for citizenship and a passport. Outside of either process, the need for information on dual nationality would be unnecessary and would not serve any useful purpose.
Finally, I recognise that my noble friend has concerns about the security implications if his suggestions are not accepted, and I agree that the security of the public is of the highest importance. That is why we ask the views of the law enforcement agencies each time this matter is raised. Their response remains consistent—that the establishment of a dual national database is not considered operationally essential. Despite that, I fear that my noble friend will not be convinced by this response, but I hope that he will acknowledge that information on dual nationality is already collected and maintained. We do not see additional security benefit in extending the data collection process. I respectfully request that the amendment be withdrawn.
“( ) Regulations under this section must provide for exemption from a charge in the case of an application made—
(a) to fill a skills gap directly concerned with the provision of education;(b) by an institution whose primary function is the provision of education or skills training;(c) to fill a skills gap directly concerned with the provision of health services;(d) by an institution whose primary function is the provision of health services.”
Lord Wallace of Saltaire
My Lords, I recognise that it is late. This is an important proposal on which the House of Commons spent precisely five minutes during its wind-up in Committee. I have another important amendment still to come, Amendment 242S on the tier 1 investor charge, to which I attach a great deal of importance. I have received quite a lot of outside support and some outside briefing on both these amendments. I am conscious that time is short, but these are important issues. It is always the case that the last clauses of a Bill get the least attention.
The proposal for an immigration skills charge is a major innovation, not yet fully developed. It was first floated in a speech by the Prime Minister two weeks after the May election, less than nine months ago. He said,
“we will reform our immigration and labour market rules— reducing the demand for skilled workers and cracking down on those who exploit low-skilled workers. That starts with training our own people.
For too long we’ve had a shortage of workers in certain roles. Engineers, nurses, teachers, chefs—we haven’t had enough Brits trained in these areas and companies have had to fill the gaps with people from overseas. With Sajid Javid as the new business secretary we’re going to get far better at training our own people. This involves creating 3 million more apprenticeships—and we will consult on getting the businesses that use foreign labour to help fund them through a new visa levy.
And today I can announce we will consult on another big change. As we improve the training of British workers, we should—over time—be able to lower the number of skilled workers we have to bring in from elsewhere. So as we embark on this massive skills drive, we will ask the Migration Advisory Committee to advise on significantly reducing the level of economic migration from outside the EU”.
Note that the Prime Minister emphasised that the Government would focus on a massive skills drive and consult on another big change that would follow. He noted that some of the skills in greatest shortage are for teachers and nurses—he could have added doctors. However, in spite of an earlier reference in his speech to “a whole government approach” to the immigration issue, he does not note that these are public sector jobs, for whose training the Government lay down targets and conditions, and for which government departments such as health and education bear some responsibility. There is no mention of these departments in the speech—BIS is the only one mentioned.
The Government asked the Migration Advisory Committee to advise on how to take this loosely defined idea forward. The Migration Advisory Committee report was published on 19 January 2016, just three weeks ago, after the Commons had completed its consideration of the Bill. It addresses the issue of the introduction of a skills charge in the context of a review of the entire tier 2 visas category. It recommends raising the minimum salary thresholds, limiting the period in which skills shortages can be declared for any particular sector, and introducing a charge at a level it suggests should be between £500 and £2,000 per year—I emphasise “per year”. The Government intend this to be a perpetual charge, and they have chosen £1,000 for every year that someone from outside the EEA is employed by a British company, university, school or hospital. One university has estimated that this will cost it £800,000 a year; others suggest higher figures, particularly for universities with global reputations in science and engineering. The CBI has warned that it will impose additional charges on top of the new apprenticeship levy on innovative firms.
This new MAC report also notes in paragraph 1.25 that,
“the public sector may require time to transition to the new salary thresholds”,
since it is in the public sector that recruits from outside the EEA are paid less than their UK equivalents, rather than more. The MAC’s “strongest recommendation”,
“is for any changes to be kept under active review”.
It is hardly surprising, therefore, that James Brokenshire, in a speech in London in late January, declared that the Government are “in listening mode” on this proposal, which, as we all know, is code for saying that Whitehall has not yet worked out what it means and still needs advice from the outside.
So why are we being presented with such a blunt proposal today? Why have the Government not consulted further on its implications for the public sector, above all for the health service, universities and schools? The Prime Minister said that he was going to do so, but it has not yet happened. Have the Government yet consulted with the NHS and the education sector on the likely impact of this charge? Have the Treasury and the Department of Health taken into account the impact of this charge on the NHS budget once it is applied, or on BIS and the DfE, given the implications for the education sector? Will the Government allow the public sector time to manage the transition or are they going to impose it, just like that?
Overall, the Government are relying on the market to provide the 3 million additional apprenticeships they are promising, with the penalty of the apprenticeship levies to spur it on. The massive skills drive that the Prime Minister promised is to be left to the market; it neither starts nor finishes with the Government, in spite of what the Prime Minister says.
The Explanatory Notes to the Bill suggest that the Prime Minister’s creation of 3 million additional apprenticeships will depend almost entirely on this charge. It says:
“The primary purpose of this clause is to increase funding available for apprenticeships in the UK and address the current skills gap in the UK workforce”.
How many apprenticeships will the estimated £240 million to be raised from this charge pay for? Will it get anywhere near funding 3 million apprenticeships? Business, not unnaturally, sees the double imposition of the levy and the immigration skills charge as adding to the burdens on the private sector, without a coherent government approach to labour market policy that is linked to education, at all levels, and to training. In the public sector, the Government have lifted the cap on numbers in nurse training while, at the same time, ending nursing bursaries, and so deterring potential nurses from entering the profession. They have done that at the same time as they recognise the need to increase their numbers.
There are particular issues for UK universities and for medicine—and I thank Universities UK for the brief that it gave me. The global reputation and quality of UK universities and medical research depends on the international circulation of academic and medical careers, with British students spending time studying and working abroad, and overseas students and professors coming to work in the UK. I have visited universities in several countries as an academic where the majority of the staff began their careers as local students, moved on to conduct graduate research there, and were then appointed to the faculty, without much, if any, intellectual challenge from exposure to other institutions or countries. None of these universities is anywhere in the global rankings, but our world-class universities depend on scholars coming in and out. The Prime Minister loudly declared that he wanted to attract the “best and the brightest” from outside the UK; imposing this charge is more likely to keep them out.
This charge will obstruct the circulation of scholars into the UK, and impose additional burdens on university budgets. It will have a particularly adverse effect on the STEM subjects, where over 15% of current staff are from outside the EU. But then, a substantial proportion of UK citizens in these disciplines in British universities have studied and taught overseas in their turn. Have the Government thought through how far this principle of penalties and charging might extend? Should British universities receive credits, say of £1,000 a year in perpetuity, for attracting British scholars with American PhDs back to this country? My son has just taken up a post at a UK university, having benefitted from American funding for his entire graduate education and two post-doctoral fellowships. Should that benefit to the UK as he returns generate a financial credit for the British university that has hired him, or does the Home Office assume that the traffic in academic excellence is all one way—foreigners into Britain? If we are so concerned about the nationality of those employed in the higher education and medical sectors, should the Government also impose fines on UK-trained doctors who then opt to leave Britain to practise elsewhere? Would the British Government be happy if a future Republican Administration in the United States were to impose charges on American institutions that sought to recruit from the UK?
I see no evidence that this has yet been thought through. Some free market economists, no doubt from some right-wing think tank, appear to have convinced the Home Office that the price mechanism will sort everything out, without the need for more active government intervention. That is as daft an idea as imposing central London economic rents on core government buildings in Whitehall, to be then taken off existing departmental budgets—but then the Government have just said that they are going to do that as well. What is even more striking is that the Government do not propose to apply the price mechanism to tier 1 investor visas, in spite of recommendations from the Migration Advisory Committee, where super-rich foreigners would no doubt bid happily against each other for the privileges offered. We will come to that in a later amendment.
We therefore offer in this group a number of amendments which protect the public sector, require consultation with those affected by the charge, and require, as the MAC report suggested, the earliest possible review. We particularly emphasise that it would be idiotic to impose the charge on teachers in shortage subjects in the UK, given the Government expect that domestic demand for education and training in shortage sectors will have to rise, and when funding for further education is already being cut savagely. Two weeks ago, I met three secondary head teachers who told me that maths and computer technology teachers are so hard to recruit that they are looking to Australia to find them, without yet realising, of course, that that would bring an extra charge on their budgets of £1,000 per maths teacher for the foreseeable future.
This clause attracted almost no attention in the Commons. In any event, the Government had not provided the information on which to assess the proposal. That makes it even more appropriate to test the opinion of the House on Report, unless the Government can come up with their own substantive amendments and a good deal more explanation of what this means in practice. I beg to move.
Baroness Hamwee
My Lords, before my noble friend responds on our amendments, I wonder whether the Minister can advise the Committee how noble Lords should deal with this when further government thinking becomes clear. As he well knows, we can scrutinise to our heart’s content but we cannot actually do anything about what is in regulations.
I thought that the Minister said at the beginning of his response that there had not been a decision and that this was permissive of regulations, but at the end he confirmed that this is what is in the Government’s mind, which is obviously common sense. However, by bringing forward such a significant new policy proposal as this, having given the Commons five minutes to debate it, as my noble friend said, I do not know how we can really deal with this just through regulations.
Lord Wallace of Saltaire
That is precisely what I was about to say. At present, the House is extremely nervous about allowing the Government to legislate by regulation for very obvious reasons based on what has recently happened. Having listened to the Minister, the words “pig” and “poke” come very much to mind. We are being asked to accept something on which the Government have not quite made up their mind about how it will work. They have not yet managed to consult, but if we pass this they will produce some regulations when they work out what they want to do. If we are no clearer than that when we get to Report, it will be very difficult to persuade any of the major groups in the House, apart from the Conservatives, to accept something so unclear.
The noble Lord, Lord Green, and I agree strongly on one thing in the migration debate—that better training and education in Britain are absolutely part of what we need to have—but that should not replace the circulation of highly skilled and intelligent people which is a vital part of our research network in medicine, STEM subjects and elsewhere. If we are beginning to block that, which this suggests it will do, we will damage our standing in the global academic and intellectual world. That is what universities are most concerned about at present. We absolutely need some assurances on that. Last week, I was talking to a vice-chancellor in Wales who was not aware of the implications of this proposal. As the Minister will know, the academic lobby in the Lords is not entirely without a degree of influence. I will do my best to make sure that it is aware of it by the time we get to Report.
There are some large issues here about the private and public sectors, including the question of how we persuade the private sector to invest more in training. This is a Government who need a rather more active and concerned labour market policy. Someone said to me last week that further education funding is about to fall off a cliff. If the Government are looking to further education colleges to help to train apprentices, this proposal is not a good thing to do as part of a whole-government approach.
This proposal suggests that some young man aged 23 in either Policy Exchange or the Institute of Economic Affairs, with a first from some university or other, has written it at speed and the Government have swallowed it. There have been previous occasions in other Governments when those sorts of things have happened. This clearly has not been thought through. If the Government can publish some more detail on what they have in mind by Report, we might be able to make some progress. If they do not know by Report what the details of the policy will be, the House will find it very difficult to accept the proposals in the way the Government have put them before it.
The Deputy Chairman of Committees (Lord Geddes)
I assume that the noble Lord would like to withdraw his amendment?
“Tier 1 (Investor) visa
(1) The Secretary of State must make rules which shall come into force no later than 1 January 2017—
(a) to close the Tier 1 (Investor) route;(b) to close applications to extend leave under Tier 1 (Investor) to applicants in the United Kingdom before 1 January 2017.(2) Nothing in this section shall affect leave to enter or remain of the holder of a Tier 1 (Investor) visa granted before that date in accordance with that leave.”
Lord Wallace of Saltaire
My Lords, special arrangements for foreigners from outside the EU, the EEA and Switzerland who were willing to invest—actually, only to loan by investing in government bonds—a minimum of £1 million were introduced by the Conservative Government in 1994. The introduction of a tiered categorisation for visas in 2008 placed them in tier 1.
The Migration Advisory Committee issued an extremely critical report in 2014. The chairman’s foreword is strongly written. It says that,
“the main beneficiaries are the migrants”,
although,
“the law firms, accountants and consultancies that help organise the affairs of such investors”,
argue that their arrival is “self-evidently beneficial” to the UK—that is, these advisers to the very rich act as a lobby to bring more very rich in—“But”, the chairman continued,
“we do not need such investment to fund the deficit”,
and, if we were hoping that they might become entrepreneurs in the UK,
“we already have an entrepreneur route”.
The foreword goes on that,
“it would be injudicious for the UK to enter into a ‘race to the bottom’, matching special offers recently introduced by, for example, Malta, Portugal, and Antigua”—
and, I might add, St Kitts and Nevis.
Lord Wallace of Saltaire
My Lords, I have some sympathy with the noble Lord in having to reply to this debate. I am fascinated by the caution expressed by the Labour Front Bench and I hope that the Labour Party will not find itself in a position of wanting to defend the super-rich against the criticism from the Liberal Democrats—of course, I speak for the Liberal Democrat Front Bench on this. Perhaps the Labour Party will reflect a little further on that between now and Report. I hope that I will not miss Report. I have to admit to everyone here that I am going on holiday for the first two weeks of March. I am going to Antigua, but I shall not ask whether I can buy citizenship while I am there.
Lord Bates
I will put a special plea to the business managers that we schedule Report then.
Lord Wallace of Saltaire
My Lords, I hope that the Minister will be able to write to all noble Lords on the Committee between now and then with a number of answers. Have the Government examined the Canadian experience and looked at why the Canadians abolished their category? Have we considered the same? Can the Government explain why they accepted all of the Migration Advisory Committee’s proposals on tier 2 for the immigration skills charge, but did not accept two rather important proposals from the Migration Advisory Committee that there should be a limited number of sealed bids and a substantial donation to a good causes fund as part of the conditions?
I admit that the origins of my interest in this are from when I went as a representative of Her Majesty’s Government to the capital of a former Soviet state and found myself talking with someone who was clearly very much part of the oligarchy running the country. He told me that he had just been appointed ambassador to Britain and this was rather difficult for him because at that moment he held British citizenship as well as citizenship of his state. He was going to have to come back to his own country for some weeks while this was sorted out, but he had recently bought his son the house next door to his in Chelsea and as his son was rather young he did not want to leave him on his own for so long, so he was not quite sure how he was going to manage it. I began to think it was a little odd. I decided in my two days in that country that it was not a particularly democratic one and the distribution of wealth was clearly in the hands of a very small number of people, although one or two of them offered me some extremely generous gifts, which I, of course, had to pass on. It opened my eyes to something not desirable, not in the interests of this country and not contributing to our economy.
I would have been much happier if the figures I had discovered on tier 1 had shown that the exceptional talent category had 2,000 to 3,000 people in it, the entrepreneur category 3,000 to 4,000 people and the investor category 50. That is the sort of thing we should have if we believe the Prime Minister in his commitment to attract the brightest and the best. We have got it the wrong way round at present. I wish the coalition Government had been able to push a little further in that respect, but we will make up for it. We will do our best to push the Minister and see how far we can go. For the moment, I beg leave to withdraw the amendment.
Lord Wallace of Saltaire
My Lords, at this stage I shall be extremely brief although I am very happy to talk further, out of Committee. The purpose of the amendment is to probe. A Government who are deeply and publicly committed to the promotion of marriage appear to be imposing charges on it. Before I run off to the Daily Mail to tell it that the Conservatives are making marriage more difficult, perhaps we could explore the implication of some of these additional charges and discuss what the Government really intend with them. We are in favour of settled relationships, both civil partnerships and marriage. The Government have said many times before that they want to promote them. That is the purpose of this probing amendment. I beg to move.
Lord Bates
Currently, both the local registration service and the Registrar General provide a range of services in connection with the registration of births, marriages, civil partnerships and deaths for which, in some instances, there is currently no power to charge a fee. The existing fee-raising powers are restrictive and out-dated and do not cover the full range of services provided. For example, the Registrar General is involved with the verification of around 5,000 divorce documents each year which have been obtained overseas and also provides blank certificate stock to over 30,000 buildings for use in certificate issue. These are just two examples of services provided by the Registrar General for which there is currently no provision to charge a fee to the end-user and where the expense must be recovered from central funds.
Schedule 12 will modernise the process of setting fees for registration services and enable fees to be set for those services which have previously been provided without charge. The provisions also move existing fee-charging powers into regulations, providing more flexibility and making it easier to amend them in the future. This will allow the local registration service and the Registrar General to recover more of the costs of providing registration services. It will reduce the reliance on central funding and ensure that, where possible, any costs are borne by the users of the services on a cost-recovery basis in line with Treasury guidelines.
I hope that helps the noble Lord and he will feel able to withdraw his amendment.
Lord Wallace of Saltaire
That is extremely helpful. I am happy to withdraw the amendment.