Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2023

Baroness McIntosh of Hudnall Excerpts

Tuesday 16th January 2024 Grand Committee

[Lord German (LD)]

My Lords, the purpose of these two orders is to create a more hostile environment for those who seek to enter this country by routes other than the ones that are available to them, which are very limited indeed. I have a range of questions but my principal concern regards the perverse impact of these orders and how they will act as a deterrent to people who are legally entitled to stay in this country, have been given the right to remain and are seeking to establish themselves with a new life here.

My comment is based on the evidence provided to us. There is limited evidence that the current regime is not working. Of course, I understand that one might wish to increase the fees in line with inflation each year, which has not happened for 10 years, but one necessarily has to ask oneself this: if it is working, why does it need this extra change to make it happen? I will come back later to the evidence that the Government have provided. Without that strong evidence, there is an indication to me that this is an income stream for the Government. I am not necessarily going to complain about that but it certainly does not seem absolutely critical to the ambitions laid before it.

I want to look at the perverse impact on those who have been given the right to remain: those who are starting out on a new life here in the United Kingdom and are faced with the difficult, dual challenges of finding both a home and work. In the rented sector in particular, we currently have a housing crisis, with the private rental sector incredibly competitive for renters. Tenant demand for rental property was up by 54% in July last year. In that context, will landlords choose a tenant who may need to go through the right-to-rent checking process and risk a fine? Or will they opt for someone who has the right to rent, such as someone who has a passport versus someone who does not—or, more worryingly, someone who is of a different ethnic background?

This is a similar problem for jobseekers, who require an employer to check their right to work. We have to be live to the fact that certain profiles of people are at risk of discrimination as a result and will find it harder to find accommodation and employment than their white British counterparts. Protections and remedies need to be real and effective, and we need to consider whether this indirect impact is proportionate to achieving the stated aim of the policy: to deter irregular migrants.

The stated aim of the increase in these penalties is an effort to deter irregular migrants from entering the United Kingdom in the first place, as well as to encourage those without legal status to leave the United Kingdom. This policy has now been in force for 10 years, since 2014. Therefore, we should by now have some evidence of whether the policy works—that is, whether it has contributed to a reduction in people remaining in the United Kingdom after their leave has expired or to fewer people entering the United Kingdom without leave in order to work. My first question to the Minister is this: what is the evidence that this policy has had the desired impact on deterrence since it was introduced in 2014?

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

My Lords, I hesitate to interrupt the noble Lord but there is a Division in the Chamber. The Committee will adjourn for 10 minutes.