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

Baroness Altmann Excerpts

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

[Lord Alton of Liverpool (CB)]

My Lords, I support Amendment 16, to which I am a signatory. I wholeheartedly endorse the remarks of the noble Baroness, Lady Lister, who has become the terrier-in-chief on this issue, and I am grateful to the Minister for making time to discuss this issue with me last Thursday in advance of today’s debate.

Amendment 16, as we have just heard in the noble Baroness’s speech, is modest in its aim, merely requiring the Secretary of State to consult and report to the House upon both awareness of British citizenship and the exercise of the rights that such citizenship confers. I said a lot about citizenship in Committee and why it is a completely separate matter from issues such as immigration and naturalisation. I will not rehearse all those arguments all over again today; suffice it to say that the amendment does nothing to affect those contested issues.

This thoughtful, moderate, reasonable new amendment simply tries to take the debate forward in a constructive and helpful way. It is also in sync and compatible with the rights to British citizenship that were enacted in Part 1 of the British Nationality Act 1981. I shall summarise what the amendment does. Its new clause contains six subsections. Subsection (1) requires the Secretary of State to lay a report. The people who report concerns are the people defined as “relevant persons” in subsection (6)—that is, in summary, people with rights to British citizenship who are losing EU free movement rights in the UK.

Subsection (2) sets out what that report must contain. It must contain an assessment by the Secretary of State of two matters: the level of awareness among people of their rights to British citizenship and the level of exercise of these rights. In making those assessments, the Secretary of State must have regard to several factors identified within subsection (2)(c), each of which concerns barriers to people being able to exercise their statutory rights to British citizenship.

Subsection (3) requires the Secretary of State to pay particular regard to her equalities duties in producing this report and to make some comparison of the situation of two groups of people with rights to British citizenship: the group of people with rights to British citizenship who are losing EU free movement rights in the UK—this group is the focus of the report required by the amendment—and the group of people with rights to British citizenship who do not have EU free movement rights.

Subsection (4) requires the Secretary of State to undertake consultation in the preparation of her report. Subsection (5) requires the Secretary of State to give particular attention to the situation of various groups of particularly marginalised children and young people, referred to by the noble Baroness, Lady Lister; Appendix B provides some case studies relating to those groups of children and young people, similar to those outlined by the noble Baroness; and Subsection (6), which contains definitions, defines children and young people as people under the age of 25.

I shall unpack the amendment in a little more detail. Subsection (2)(c)(i) touches on the impact that fees can have on the rights of citizenship. I appreciate that the Minister cannot comment on the court case in which the High Court found against the Home Office. In earlier proceedings, I mentioned that I had given a witness statement. The Royal Courts of Justice will hear the department’s appeal on 5-7 October, and I understand that the case will be livestreamed.

However, what the Minister can comment on is a reply that she gave me to a Written Question on 10 September. I had asked her about the costs of mounting an appeal, and she replied:

“The information that you have requested on legal and administrative costs is not available”,


and added that

“we are not able to provide an accurate assessment of legal costs.”

I will repeat that:

“we are not able to provide an accurate assessment of legal costs.”

This inability to establish what the legal taximeter is clocking up contrasts starkly with the ability of the Home Office to work out how much it costs to operate this system of fee collection, and which, at over £1,000, the former Home Secretary Sajid Javid rightly said is a prohibitively expensive system. Why is it that we are able to work out how much we can generate in fees above the administrative costs, but cannot work out the costs of fighting legal actions which simply compound one mistaken decision with another? What other litigant would embark on a major legal action without any idea of what it could cost? I am sure that the TaxPayers’ Alliance, which keeps a weather eye on how taxpayers’ money is used, will have something to say about that.

Even more serious, however, is the principle of putting a major financial roadblock in the path of those who need to feel that they belong, that they are part of the web and weave of British society, and that they are true citizens of what is a truly great country. The importance of knowing you belong is something that I know is close to the heart of the Minister; we are at one on that. This amendment would seek an examination of such barriers.

Throughout preceding debates, noble Lords have repeatedly pressed the Government about children’s rights, especially those of looked-after children. Surely their vulnerable and special position alone should justify at least an examination of their special circumstances. Let us recall, as the noble Baroness, Lady Lister, has done, that the High Court said that fees cause many children caught up in this fee-generating arrangement to feel

“alienated, excluded, isolated, ‘second best’, insecure and not fully assimilated into the culture and social fabric of the UK”.

We have a duty to address the implications of those words.

To that group I would add another, which is covered in proposed new subsection 3(a) of the amendment: those with protected characteristics under the Equality Act 2010. The House will recall that in Committee I raised the position of the Roma—something to which the noble Baroness also referred in her remarks. I would especially draw the Minister’s attention to the position of Roma children, who have been cited by the European Children’s Rights Unit as being especially disadvantaged and at risk.

I truly hope that the Minister will feel able to accept this amendment. I am sure that even if, in the first instance, it was confined to the most at-risk categories, it would represent a good start. Seeking a consultation and a review is not an unreasonable ask. I commend this amendment to the House.

[Baroness Altmann (Con) [V]]

My Lords, I have added my name to this amendment. I congratulate the noble Baroness, Lady Lister, on her persistence and dedication to this issue. Her passionate advocacy, particularly for vulnerable children, has always been impressive. I share her concerns.

I must admit that I truly cannot understand why the Government are resisting this extremely modest amendment. Indeed, the problem has been going on for so long, and this amendment is so reasonable in wanting to encourage the Government to agree at least to look at this issue carefully, seriously and thoroughly, that it would seem almost impossible to reject it. Perhaps we will hear from my noble friend the Minister that the Government are indeed minded to look at this more seriously and accept it after all.

The wording could clearly have been much stronger. The strength of feeling across the House at previous stages of the Bill has been clear. Children who have been born here and have the right to citizenship but then have to register to obtain this right, perhaps having to pay significant amounts that they cannot afford, seems to undermine some of the principles on which we base our country and citizenship.

The noble Baroness, Lady Lister, and the noble Lord, Lord Alton, have described the details of this lengthy amendment. I will not repeat them, but the principles referred to are so important to many individuals in this country, and to their rights as granted to them by Parliament. I find it puzzling, as well as disappointing, to see the Government so far refusing to agree to this.

Indeed, the Public Accounts Committee in the other place, in its report laid last month entitled Immigration Enforcement, has criticised the inadequacy of information available to my noble friend’s department and called for an urgent report to be carried out. Accepting this amendment could indeed assist the Government in that regard. For example, in one of its recommendations, the Public Accounts Committee says:

“Building on its response to the Windrush lessons learned review, the department should mobilise its evidence base and evaluations to challenge its own assumptions and beliefs about the user experience within the immigration system.”


That is part of what this amendment is attempting to do.

If my noble friend the Minister could accept the thrust of this amendment, and announce this at Third Reading, I believe that many of us on these Benches would be delighted and that there would be support from every side of the House.

[Baroness Whitaker (Lab)]

My Lords, the Home Office funded a project in 2019 which led to findings that many migrant children from the European Union who were eligible to apply for settlement status were also eligible to register as British. It was found especially that Roma children are both more likely to be eligible than many other EEA or Swiss migrants and more disadvantaged by Brexit; for instance, in supplying the correct documentary evidence, and given that the information on the need to register before the age of 18 is not effectively transmitted. The noble Lord, Lord Alton, referred to this report. The disadvantage that it exposes needs to be redressed. Is the Minister aware of the University of Liverpool study which sets out the problems in detail?

As my noble friend Lady Lister of Burtersett said in her powerful speech, an important point is that the scale of the fees has deterred many eligible applicants. As she and the noble Lord, Lord Alton, indicated, the High Court agreed that these costs were so disproportionate and prohibitive as to constitute a breach by the Secretary of State of her duty to safeguard and promote the welfare of children and undermined the objective of the British Nationality Act. I agree with my noble friend that it is really unfortunate that the Government are appealing this decision. The hearing is set for 6 October to 7 October, so a precipitate provision should not be put forward by the Government.

Finally, in addition, there are Roma people who were granted asylum and ILR status before their countries joined the European Union but who do not have documentary evidence of this. Importantly, neither do their children, so the children are also at risk of deportation. This amendment would go far to rectify the injustice.