Draft Immigration (Provision of Physical Data) (Amendment) (EU Exit) Regulations 2018

Afzal Khan Excerpts

Monday 16th July 2018 General Committees

[Afzal Khan (Manchester, Gorton) (Lab)]

It is a pleasure to serve under your chairmanship, Sir Christopher.

The Labour party opposes this draft statutory instrument. Significant powers to collect biometric data have been too widely defined and the regulations have been drawn up without regard to vulnerable groups, adequate consultation or the Brexit negotiations.

Our first area of concern is the scope of the powers in the draft regulations. Will the Minister clarify what data the Home Office will collect, and from whom, under this statutory instrument? The EU settlement scheme says that EU citizens will be required to provide a facial image, but does not mention other biometric data. Will she confirm that EU citizens applying for settled status will not be required to supply, beyond a facial photograph, fingerprints or other biometric data? Will she also confirm that the draft regulations do not allow any changes to those requirements without coming back to Parliament? Will she confirm that the Home Office will not have the power to collect biometric data beyond fingerprints for non-EU family members of EU citizens?

The Home Office has repeatedly emphasised that the application process will be streamlined, user-friendly and entirely digital. Will the Minister confirm that requiring applicants to provide biometric data, including fingerprints, means that an application cannot be completed online? That will place further barriers to registering this large population before the end of the implementation period, and increase the likelihood that we will have a large undocumented population, come the end of the transition period.

The draft regulations deal with family members of EU citizens, but do not specify to which family members they refer. That leaves open the possibility that British-born children, or children who have spent most of their life in the UK, may be required to pay to provide biometric data. Can the Minister confirm that special consideration will be made for children, so that they do not have to go through the lengthy and expensive process of providing biometric data? The Migration Observatory has highlighted the children of parents who either do not apply for settled status or do not know that their children need to apply as being particularly at risk. How is the Minister further protecting children who are dependent on their parents for a settled status application?

Secondly, we are concerned that not enough is being done to mitigate the impact of this measure on vulnerable groups. Not enough has been done to reduce the costs for citizens with lower income. In the case of a family of five, regardless of their financial situation, they will need to pay £227.50 to apply for a status that they did not need before. This is a significant cost for individuals and families to bear, and might even deter them from applying for settled status, which would leave them vulnerable, as they might become undocumented in the country. What financial assistance will the Government provide to low-income people who need to apply for settled status?

Can the Minister also confirm whether providing biometric data to the Home Office will be an additional cost, and therefore an additional barrier, to applicants? The former Immigration Minister spoke to the Lords EU Select Committee in December and assured it that we could forgo health insurance for students and those who are economically inactive. There is no mention of that in the statutory instrument, so can the Minister confirm those comments?

Although it is welcome that, to some extent, advice and support for applicants will be provided, it is not clear what the scope of that assistance will be, or how many caseworkers there will be and what training they will receive. The Minister has talked before about a customer contact centre. Can she provide any further information about who will staff the centre and whether information disclosed to it will be passed to immigration enforcement officials?

The question of how employers, landlords or banks have been consulted on the settled status scheme remains ambiguous. Applicants need to prove their status to these people or bodies in order to obtain a work contract, bank account or rental agreement. There is already evidence that EU citizens are being discriminated against in the rental and employment markets. What specific consultation has taken place with employers, landlords and bank groups on the settled status scheme and how has their advice been incorporated thus far?

We are concerned that successful applicants will not be given any physical document that evidences their status, as current biometric residence card holders are. This is a serious problem for the digitally illiterate. For example, there are particular concerns among the Gypsy, Traveller and Roma communities that this decision will effectively amount to exclusion of their communities, so will the Minister consider introducing physical proof of status?

Our third area of concern is around the lack of consultation. Paragraph 10 of the explanatory memorandum says:

“The Home Office has not undertaken a full public consultation, but the policy has been discussed with its internal and external stakeholders, such as groups representing EU citizens in the UK”

and other groups. What specific groups have been consulted to represent EU citizens in the UK, and how have their assessments of the amendments been incorporated in the draft? Also, what further details can be provided about the future full public consultation that will take place?

Paragraph 5 of the explanatory memorandum says that the Minister for Immigration believes this statutory instrument is compatible with the European Convention on Human Rights. However, as this statutory instrument deals with collecting biometric data, we do not believe that it is enough for the Minister to make that judgement on her own. Will she carry out a full and thorough consultation on the instrument’s compatibility with the European Convention on Human Rights?

Paragraph 12 of the explanatory memorandum says that the impact on the public sector

“is expected to be minimal as these Regulations only affect individuals.”

Tens of thousands of EU nationals work in our NHS and public sector. The Scottish Government are paying for all public sector workers’ settled status applications. Will the Minister consider doing that for other parts of the UK too?

Finally, we are concerned about the potential impact on negotiations with the EU. The statutory instrument has been drafted without regard for the Brexit negotiations or the EU law that still applies to the UK while we are a member of the EU. The Government have consistently neglected the negotiations. The previous Secretary of State for the Brexit Department hardly visited Europe for negotiations, and the new Secretary of State has decided to take an evening off rather than attend the first day of the first round of negotiations since he got the job.

[Richard Graham (Gloucester) (Con)]

The shadow Minister is making a number of points. Clearly there is a pay-off between full and maximum consultation and having something that is implemented in a timely way, so that it is available for people as soon as possible. On his second point—which is beginning to deviate into personal criticism of the politicians involved—does he accept that, for those of us on the Brexit Select Committee, this is an incredibly important development that is absolutely in kilter with the tone of the negotiations, which is to resolve problems for citizens, whether European or British?

[Afzal Khan]

I thank the hon. Gentleman for his question. I do not disagree that it is important; that is precisely why I am asking the questions. It is vital that we get this right.

What discussions has the Minister had with the EU to establish whether it will accept the provisions in the instrument, and what evaluation has she carried out to establish that the powers are legal while we are still members of the EU, given that we are not requiring UK citizens to submit the same kinds of data? There are serious concerns that the EU settlement scheme will cause an explosion of bad advice from phoney solicitors, exploiting vulnerable applicants. With vital protections stripped away in the recent Data Protection Act 2018, there is an even greater need for good advice. What is the Minister doing to make legal advice available for those who need it among the 3.6 million?

I have outlined the serious concerns that the Labour party has about the statutory instrument. The powers have been insufficiently defined, there has been no thorough consultation, and there has been too little regard for our negotiations with the EU. The EU settled status scheme is being introduced in the context of the “hostile environment”. Ministers have claimed that the process will be straightforward and streamlined, and that caseworkers will be given the benefit of the doubt. However, such an approach would require a total overhaul of the culture and training in the Home Office. I do not believe that that can be achieved in 18 months, so it is essential that we protect all the safeguards, checks and balances that we can.