Immigration (Leave to Enter and Remain) (Amendment) Order 2018

Lord Berkeley Excerpts

Thursday 14th February 2019 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, I thank the Minister for explaining the draft order. I ask your Lordships to bear with some cynicism on my part.

The obvious questions are: why this order and why now? The Minister said that it is required. It is not, on the face of it, Brexit related—we have enough Brexit-related secondary legislation to fill the Order Paper—yet the Government have said that EU citizens must not be allowed in future to jump the queue at the border. You take your choice as to whether that is a political observation or because of the chaos that would be caused if they had to be checked in by Border Force in addition to those who are now. A different way of looking at the order is that we have to let some non-EU citizens in by equivalent arrangements because we cannot let EU citizens uniquely use the e-gates.

We have heard about the cohort who will be affected. I have got nothing against EU nationals or any of these nationals, quite the contrary, but they will be allowed to enter without any form of visa—unless, as the Minister said, they are coming for work purposes and so on—and without an explanation as to the duration of the stay, though it should be six months, the purpose of the stay or the means by which they will support themselves. The assumption is that all will be seeking to enter temporarily.

This leads to my first question: what if they want to stay longer? Presumably if they know that before they arrive they will have applied in their own country, but what if they take the decision during the six-month period? Will they have to leave the UK and apply out of country, which is what many people in difficult immigration situations have to do at present?

UK visitors to the United States need an electronic visa waiver before they depart. They are questioned at the border, can still be refused entry and have their fingerprints and photographs taken. The Department of Homeland Security assumes that all visitors are seeking to enter to remain permanently—in other words, illegally—until the visitor proves otherwise. So the rhetorical question is: border control?

Will there be further instances of UK citizens acting on behalf of the state as a result of this new arrangement—employers, landlords and banks checking on the status of an extra group of people who are living here? We are often told that the largest number of people in the UK without leave to be here are over-stayers, and we know how much more difficult it is to find and remove them than to not give them leave in the first place. I wonder whether this is a false economy.

The Explanatory Note tells us that there will be no significant impact on the private, voluntary or public sectors and that therefore there is no impact assessment. Should we really accept that without questioning?

I am all for efficiency and the use of reliable technology, but by identifying these nationalities as lower risk, by implication others are higher risk. I simply observe—there is no accusation in it; I say it to myself as well as to others—that we must be careful not to appear to be prejudiced in any way.

It is not news to any noble Lord that my instincts are to want the UK to be as open and welcoming to visitors as possible. I do not subscribe to the rallying cry of “take back control”—none of my noble friends do—but one must ask whether this order is taking back control of our borders.

[Lord Berkeley (Lab)]

My Lords, I apologise for not being here at the beginning of the Minister’s introduction.

In relation to the noble Baroness’s questions, what will happen between the Republic of Ireland and Northern Ireland when these checks have to take place in both directions and there is, apparently, to be a no-check border? How will that be done?

[Lord Kennedy of Southwark (Lab Co-op)]

My Lords, I thank the Minister for setting out the purpose of the order in respect of the e-passport gates and the additional countries selected to benefit from the new arrangements. The noble Baroness, Lady Hamwee, has raised a number of important points, to which I am sure the Minister will respond.

I have not been to the United States of America for three or four years but I am conscious that when you arrive at the border you have your photograph and fingerprints taken. You have to fill out a form in the UK and you can be refused at that point; and, as the noble Baroness, Lady Hamwee, said, you can be refused at the border. Will these arrangements be reciprocal? Will the current arrangements apply to British citizens when they arrive in the United States? US citizens seem able to get into our country fairly easily.

Can the Minister explain why these countries were selected? She said that they are low-risk countries. Is there a list of low-risk, medium-risk and high-risk countries? Are there plans to extend this scheme to further countries? What will other countries have to do to qualify to use the e-gates and what criteria will the department use in selecting them? More generally, apart from the US, will these arrangements be reciprocal with other countries? I want to live in a free and open country but, equally, when I am abroad I want to benefit from as much freedom of travel as possible. It would be useful if the Minister could answer that point. The noble Baroness, Lady Hamwee, also made the point that we should not be seen as prejudiced in the countries selected.

With those comments, I look forward to hearing the Minister’s response.