Immigration Bill

Lord Mackinlay of Richborough Excerpts

Tuesday 13th October 2015 Commons Chamber

[Craig Mackinlay (South Thanet) (Con)]

I pay tribute to the Immigration Minister for bringing this Bill to the House, and offer sincere thanks for much of the preamble before today, which has given us a flavour of what the Bill is all about. To my mind, the Bill is about fairness—fairness to those who come here legally and do the right thing in seeking to work in our country, but also fairness to those who are already in this country and are trying to make the best of often low wages, which can be further reduced by illegal working.

Much has been said, particularly by the right hon. Member for Orkney and Shetland (Mr Carmichael), about whether the Bill is fit for purpose. When I have spoken to the public, to my constituents and to those across the country, I have found that they are very concerned about immigration, so many Members must live in a vacuum.

[George Kerevan (East Lothian) (SNP)]

Will the hon. Gentleman give way?

[Craig Mackinlay]

Of course. I am grateful for the extra minute.

[George Kerevan]

I respect the hon. Gentleman’s impression of his own constituency, but he must understand that it is simply not true that concerns about immigration dominate other parts of the United Kingdom. In Scotland, immigration regularly comes about ninth on the list of voters’ concerns.

[Craig Mackinlay]

I appreciate that there are differences across the country, but in my constituency in particular, the issue of immigration was on the lips of many.

I pay tribute to my hon. Friends the Members for Monmouth (David T. C. Davies) and for Rochester and Strood (Kelly Tolhurst), who have visited many of the camps in Calais. Like them, the mayor of Calais herself has recognised that many of the problems that she faces daily result from the perception of Britain as an easy touch when it comes to working and doing the wrong thing. The Bill will deal with that.

I want to say something about under-the-counter working. The existing civil sanctions were stiffened last year by the Immigration Act 2014, under which illegal employers face a £20,000 civil fine. According to the figures for the last few years, 2,150 civil penalties were issued in 2014, but I would guess that that figure is probably much lower than the reality. The companies involved are often low-asset businesses, or have no assets at all; and the fines have been levied only on businesses. The figures suggest that that the number of illegal employers has not been reduced by the increase in the fine to £20,000.

I welcome the criminal action that will result from the Bill. I pay tribute to the former shadow Attorney General, the hon. Member for Islington South and Finsbury (Emily Thornberry), for the question that she asked on 11 November 2014, at about the same time that she took some photographs during the Rochester and Strood by-election. It was an extremely pertinent question about the number of criminal sanctions that had been imposed under the Immigration, Asylum and Nationality Act 2006. The answer was just 19. We need the criminal sanction in the Bill, because the civil penalties do not seem to be doing the job.

I also want say something about driving offences. It is considered to be far too easy for illegal immigrants to secure driving licences. That is an issue for the DVLA to address, but I was reassured when the Home Secretary said earlier today that 9,000 licences had been revoked last year. The hon. Member for Glasgow North East (Anne McLaughlin) asked my hon. Friend the Member for Eastleigh (Mims Davies) how many deaths there might have been. I do not know the answer, and I suggest that the hon. Lady ask the appropriate written or oral parliamentary question, but to my mind one death caused by an illegal driver is one too many.

[Anne McLaughlin]

I agree. One death caused by any driver is one too many, so let us not misunderstand what I was saying.

--- Later in debate ---

[Craig Mackinlay]

I have not misunderstood the hon. Lady at all. It comes down to this. A person with an illegal licence, or no licence at all, has no insurance. I therefore welcome the new six-month sentence for summary offences, and the imprisonable offence of driving with a revoked licence.

I also warmly support the changes in banking arrangements. Under the 2014 Act, the law on the illegal holding of a bank account has applied only to new accounts, and I am pleased that it is to be extended to all accounts.

As I have not much time left, let me end by saying something about the rights of the first-tier tribunal, which has had the power to impose electronic monitoring tags under the common law presumption of the right to bail. I would not want to interfere with the judiciary, but my guess is that that power has been used in fairly limited circumstances, and I therefore welcome the power that the Bill gives the Secretary of State to allow increased use of electronic tags. Unfortunately, the current electronic tags involve 1970s technology, and the fulfilment of our manifesto commitment to start using proper satellite tracking technology—no different from what we all have in our telephones—will be useful in ensuring that illegal overstayers are found. I should like electronic and satellite tracking technology to be used in tagging generally, throughout the criminal justice system.

It is sensible to simplify things by replacing the six different legal statuses of immigration—whether we are talking about immigration bail or temporary admission—with a single status. I warmly support the words of my hon. Friends the Members for Bedford (Richard Fuller) and for Harrow East (Bob Blackman), because this is about compassion for those who come here properly and do the right thing. This is a step in the right direction.

[Several hon. Members rose—]