Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022

Duke of Somerset Excerpts

Tuesday 7th June 2022 Lords Chamber

[Lord Berkeley of Knighton (CB)]

My Lords, given what we have heard from my noble friend—I certainly support his Motion—it occurs to me that where these unfortunate people have language problems, it follows that the police, immigration officers and Border Force will have the same problems. Surely, it would solve a lot of their problems if a card could be produced to show that somebody had the right to stay and to prove their identity. I think it works both ways.

[The Duke of Somerset (CB)]

My Lords, I should like to add my voice to support this Motion to regret. The strong impression given by these regulations is that they have been developed entirely for the benefit of government and others, such as landlords and businesses, who have to check other people’s status. The needs of those with biometric residence cards or permits are not being treated with due consideration.

Apparently, 2.5 million non-EU citizens are being stripped of their right to use these cards to prove their right to work and rent, and that is a huge number. This contrasts starkly with the identity document validation technology, which is of course, by right, available to British and Irish citizens to prove the status digitally. Generally, they will do this by an identity app on their phone, which then allows them to use the physical passport in the many cases where digital proof does not work, or where a checker does not wish to use the IDVT process.

Why this disparity? What about the lack of privacy implicit in the digital-only system? Why are these people being treated as second-class? For that is what they perceive and many of us perceive them to be.

We have heard, and we all know, that technology fails. We are all familiar with the error messages that are normally infuriating, but when a process is vital—say, to secure a job or a house to live in—the risk of losing that opportunity is very real. That is why so many people prefer physical documents, including the devolved Governments, businesses and the status seekers themselves.

We have heard a little about the Ukrainians. They are also in this mess, arriving from a country at war. This Government are actively arming Ukraine brilliantly but have been pretty slow to accept its fleeing citizens. They are not English-speaking and, incidentally, many have had their dogs removed by the Home Office when they have full documentation for them, just to add to the difficulties they are suffering.

Can you imagine the further distress suffered when messages such as “service is currently unavailable” pop up on the portal website? I trust the Minister will tell the House why because the inadequate impact assessment really considers only the effects on those checking others. It ignores the needs of those being checked. I believe it certainly will have an impact on businesses, charities and local authorities, contrary to the statement in the Explanatory Memorandum.

There is nothing inherently wrong with digital but it needs backing up with physical documentation. I know the country voted for Brexit and the hard border controls that go with it, but the people we are considering this afternoon have a right to live and work here so can we not welcome them decently, humanely and with proper regard for their welfare, mental as well as physical?

[Lord Cromwell (CB)]

My Lords, I rise with a depressing sense of déjà vu. We had exactly the same discussions about EU citizens during the Brexit debates and it forces me to come to exactly the same conclusion, which I do not think anyone has mentioned so far. I suspect this resistance to physical proof derives from an almost fetishistic resistance to the idea of anything that feels like an ID card, despite the fact that every Member of this House in the Chamber right now is wearing one. I ask the Minister: is that what the impasse is? Does it feel like ID cards coming in by the back door and there is resistance to that? I would be very grateful for her clarity.