Immigration Act 2014 (Commencement No. 6) Order 2016

Viscount Hailsham Excerpts

Wednesday 24th February 2016 Lords Chamber

Much as I dislike this scheme and would like to see the back of it, I do not believe we have sufficient evidence yet from piloting either to abandon it now or to roll it out nationally. As the Residential Landlords Association argues, on the basis of a whole lot of evidence, a pause would be the sensible and responsible approach at this stage. I believe the Government should stick to their promise of a phased, geographical evaluation, and there should be a proper debate in both Houses as to what the lessons are in terms of its effectiveness in meeting the Government’s objectives and any unintended consequences, particularly as regards discrimination. As it is, we can only conclude that despite the serious efforts put into the pilot by the noble Lord, Lord Best, and others, the Government are determined to roll it out nationwide regardless, as the Prime Minister made clear in his immigration speech in May.

[Viscount Hailsham (Con)]

My Lords, I am not going to support the fatal Motion, but I have a great deal of sympathy with the underlying thoughts behind it. I begin by declaring an interest: I am a small landlord and have rented property—in fact, three properties—for some 20 years, and therefore come with a degree of personal experience of the problems that landlords face when confronted by prospective tenants. I want to make only four points.

First, I endorse what the noble Earl, Lord Cathcart, said with regard to the lack of knowledge. My knowledge of these requirements has come from being a Member of this House. I have not received, from the Home Office or from anywhere else for that matter, any detailed information regarding a landlord’s obligations, and I share the reservations expressed by the noble Earl.

Secondly, it is very difficult for landlords—and, incidentally, for people employing dailies as well—to interpret the documents that prospective tenants or employees produce. Very often we are told that the relevant documents are with solicitors; very often, the prospective tenant or employee has very limited language skills. It is often very difficult to determine whether or not somebody has a residential entitlement of the kind contemplated by the Home Office.

Thirdly, landlords like rapid reletting. They do not like voids; they like certainty. If they have any doubt about when or whom, or about the identity or legitimacy of a tenant, they will go for the safe option. Surprise, surprise—that will have a discriminatory consequence; that is a certainty.

Fourthly, and with utmost deference to the noble Lord, Lord Best, should we trust the discretion of the CPS? There is one fundamental rule that this House and the other place need to bear in mind: if you give a discretion to an official, it will be abused. My general principle is to give as little discretion to officials as possible. The CPS can come along and say, “We will exercise our discretion; we will be moderate and careful”. Some of them will, but many will not. I have a great deal of sympathy with the views expressed by the noble Baroness.

[Baroness Ludford (LD)]

My Lords, I agree with everything that the noble Viscount, Lord Hailsham, said. I also agreed with everything that the noble Lord, Lord Rosser, said. He delivered forcefully and vigorously his strong objections to the scheme going ahead without fuller evaluation. I have to say that I felt that his outrage is synthetic if Labour will not join the Liberal Democrats in voting for my noble friend’s fatal Motion. It has no effect; it is just outrage without action.

The checking requirement is not expected to be onerous—that was a comment in the Government’s Explanatory Memorandum or some guidance document. Elsewhere, they state that a landlord or agent can carry out simple document checks—simple document checks. We have already heard that in fact they will have to refer to the Home Office and wait a couple of days. As the noble Viscount pointed out, landlords do not want to wait: they do not want voids. Tenants will lose the chance of the property. It is a particularly unfair responsibility on small landlords to have to check documents. The noble Lord, Lord Best, said that it was straightforward to do that checking, but that is absolutely not the case.

The judgment in the recent Ryanair case has been mentioned. The judge who found in favour of the airline said that its staff could not be expected to spot cleverly forged passports that even trained immigration officers found hard to detect.

Interesting evidence was given to the committee in the other place by Tony Smith, former director-general of the UK Border Force. He said that when he was regional director of UKBA, his enforcement teams,

“uncovered a significant number of ‘forgery factories’ in London who were manufacturing fake EEA identity cards … mainly being sold to migrants from non EEA countries who were working illegally in the UK. Although these documents would likely be identified as fraudulent at the border”—

there is no guarantee—

“they are usually sufficient to pass the ‘reasonably apparent’ test to an employer. The same is likely to apply to the implementation of landlord sanctions”.

So a former Border Force director says that the number of forgeries in circulation makes it extremely difficult, even for immigration officers. He wrote:

“Although the EU Council has called on all Member States to adopt common designs and security features”,

for identity cards for a decade,

“not all EEA countries have done so”.

Of course, the UK does not have a permanent resident card for foreign nationals with indefinite leave to remain, equivalent to the US green card, so there is no one document.

Even as a Member of the European Parliament, I was dealing with quite a lot of immigration cases, and people would often turn up with a whole batch of letters from the Home Office which apparently attested to their immigration status. I was completely unequipped to work out what they all meant. There was a set of different stamps and letters, instead of one simple document. To put this onus on landlords is not appropriate.

I also do not understand what is apparently regarded as the concession of allowing expired biometric residence documents and immigration status documents to be recognised. How is a landlord to know which expired documents can be relied on and which cannot? Perhaps the Minister can give us an answer to that.

I noticed something in the Financial Times a few months ago that reminded me that a landlord must identify all adult occupiers who will use the property as their main home, whether or not they are named in the tenancy agreement. The columnist wrote that, “Nosiness may be necessary”, to inquire who else is going to live in the property who is not in the tenancy agreement. The column also recommended that you may,

“need to pay for a professional opinion”,

which all raises the cost that will no doubt be passed on in the rent. Noble Lords opposite have made the point about how they only know about these requirements from being Members of this House. Obviously, not all landlords are Members of this House. There has been a suggestion that the dissemination of information will largely rely on electronic media and people knowing where to seek out the information. The Residential Landlords Association made the point that 90% said that they had not received any information from the Government either by email, from an advert, from a leaflet or from the internet, and 72% did not understand their obligations under the policy.

Walking and Cycling

Viscount Hailsham Excerpts

Tuesday 9th February 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

We already see very good examples of our local authorities and schools adopting excellent schemes. As a father of three children, I can assure noble Lords that local schools are very diligent in supporting both walking and cycling; that practice is widespread across the country.

[Viscount Hailsham (Con)]

May I make a minority point? Counties such as Lincolnshire have many disused railways, which provide a real opportunity for creating tracks to be shared by walkers, cyclists and riders on horseback. There is, however, a problem with the tarmac that is being put down: it is splendid for bicycles, okay for walkers but very, very bad for riders on horseback. Will the Minister, therefore, encourage the use of a material other than tarmac for these shared tracks?

[Lord Ahmad of Wimbledon]

As a resident of Wimbledon, I see many examples of shared facilities, and they are a good thing. I assure the House that I am very familiar with the shared use of tracks for bicycles, walking and, indeed, horses. However, my noble friend makes an important point and I will take it back for consideration.

Child Refugees

Viscount Hailsham Excerpts

Monday 25th January 2016 Lords Chamber

[Lord Bates]

I agree, but it is more complex than that. The noble Lord follows these issues very carefully. He should know that when we talk to the UNHCR and UNICEF, they say that there are real dangers in taking children within the European Union and that the best place for them is in the camps in the region, where they can be considered and cared for in wider family units. We must listen to that, balance it and reach a decision, which the Prime Minister will do.

[Viscount Hailsham (Con)]

My Lords, I endorse the point made from the Liberal Democrat Benches about the availability of foster parents; that is very important. Furthermore, before the Government come to a concluded view, I hope that they will carry out an assessment as to how many adults not currently in the United Kingdom might have a claim under the human rights legislation to join unaccompanied children who are admitted here.

[Lord Bates]

Yes, there would be that—and, of course, one advantage of the Syrian resettlement programme as it is currently configured is that we relocate not just children but family groups into the UK. That is something to be appreciated. We will ensure that that study is carried out.

Immigration Bill

Viscount Hailsham Excerpts

Monday 18th January 2016 Lords Chamber

[Baroness Hamwee]

My Lords, the very fact that the noble Baroness raises this issue coming—and I do not say this at all disparagingly—rather fresher to this Bill than some of us underlines the need to get the answers to questions raised around the Committee on to the record and in such as a place as they can easily be found. It should not just be in a letter in the Library but in the Bill. That becomes all the more obvious. I am glad that the noble Baroness reinforced that. Other references have been made to the report of the Delegated Powers and Regulatory Reform Committee and to flexible licensing, so I will not take the time of the Committee now.

I have a number of amendments in this group. This may be the point at which I emulate the Government Front Bench as I am in danger of losing my place—I hope they will forgive me if I do. My Amendment 40A refers to the importance of resources by providing that the new functions conferred by regulation on the GLAA should be ones for which resources have been made available.

My amendments to Amendment 41 raise some similar points which I will refer to later, so I will deal with them in a rather more general fashion. The first is a probing amendment. Amendment 41 proposes new Section 114B for the Police and Criminal Evidence Act and says that,

“regulations may apply provisions of this Act with any modifications”.

Does that refer to modifications that are necessary simply in order to tweak references to legislation; for instance, so that the legislation being modified applies quite clearly directly or is it something wider? As it is written at the moment I fear it might be wider, which is why I have raised the issue.

I also suggest that regulations should,

“provide for labour abuse prevention officers to undertake specified training and achieve specified qualifications”.

The noble and learned Baroness referred earlier to the extension of PACE powers. One should not extend those significant powers to people who do not know how to use them. Training is needed and possibly qualifications for them to be able to use those powers. I picked that up at a number of points. I also suggest with my amendments that a statutory instrument amending or repealing a provision of the Act is significant.

In new Section 22A of the Gangmasters (Licensing) Act 2004, to which the noble Lord, Lord Rosser, referred, a relevant person for the purposes of requests for assistance going either way includes immigration officers. That again conflates immigration control and labour market regulation. I am aware that the GLA has experienced some frustrations when it might undertake what you might call hot pursuit when it has discovered a likely offence but does not have the power to deal with it. I have heard Paul Broadbent say that it is very frustrating when you have to wait for the police to arrive to deal with something and you cannot stop evidence being removed. I am not sure whether I am making that point at quite the right point in the Bill but I think it comes generally within this area.

My next group of amendments deals very much with training, qualifications and resources again so I will not repeat the arguments, but I think it was again the noble Lord, Lord Rosser, who referred to the relationship between the strategies. Under Amendment 77 the GLAA will have to carry out functions “in accordance with” the labour market enforcement strategy. Everybody else involved is left with the lighter obligation of having regard to it, so why the difference? That is my Amendment 77A.

Amendments 77B and 77C are about the relationship with the Secretary of State and the Secretary of State’s powers. At the moment, to take one instance, the GLA sets fees after consultation with the Secretary of State. What will the position be in the future? My Amendment 72 would enable the GLA to require information from supply chain. It would give it powers relating to an organisation that takes supplies of goods and services. That seems to have been a lacuna that could do with filling or closing. I am not sure what one does with a lacuna, but it is rather a different amendment from the others we have been debating. Again, it is something we could very usefully address during the course of this Bill.

[Viscount Hailsham (Con)]

My Lords, I apologise for making what I suspect will be regarded as a somewhat pedantic point but I should like to raise some specific questions about Amendment 41. At this point, I am referring to the amendments to the PACE powers.

First, as regards new subsection (1), I notice that the power is permissive and not mandatory. Perhaps the Minister would be so good as to explain why it is not a mandatory power but only a permissive one. Secondly and related to that, I am sure that your Lordships would like to know whether it is the Government’s intention to exercise this power. If so, when and to what extent?

My next point is also brief. In new subsection (7)(b) I find that the regulations may apply to “particular purposes”. I think that your Lordships will be reassured to know that this power is not going to be imposed with regard to particular investigations; rather, that it is more general in character.

My last point relates to new subsection (1)(8), which concerns a very wide power. It is contemplated giving the Secretary of State a power to amend substantive legislation. I have personally always been very cautious about using statutory instruments for such a purpose. Incidentally, I am very glad to see that the affirmative procedure is being used here for that very purpose, but, as I say, I am very cautious about using statutory instruments in this way. I suspect that the Committee would like to know the extent to which the Government are minded to use this power and, if so, for what purpose and when.