Immigration and Nationality (Fees) Regulations 2018

Lord Bishop of Derby Excerpts

Tuesday 12th June 2018 Lords Chamber

[Baroness Sheehan (LD)]

My Lords, I rise to support the noble Baroness, Lady Lister, and thank her for bringing this regret Motion to your Lordships’ House. She has drawn our attention to the iniquity of the Government’s position, which would add insult to injury by seeking to increase the fee for registering children entitled to British citizenship and thus increase the Government’s profit.

As we have heard, the figure of more than £1,000 per child that is being demanded is, according to the Government’s own figures, comprised of £372 in administration fees with the remaining £640 being pure profit: profit, including even on the backs of children in care. According to the current Home Secretary, it is a “huge amount of money” to ask children to pay for citizenship, a comment he made just a few weeks ago. I agree with him, and he has the power to do something about it. The noble Lord, Lord Kirkhope, pointed out that he does have vestiges of power that remain.

The Home Secretary has come close to recognising that the imposition of the fee is part and parcel of the wish of the previous Home Secretary but one—perhaps Amber Rudd also, but certainly Theresa May—to create a “hostile environment” in this country for—but this is where I come unstuck. Who precisely is the hostile environment aimed at? We are told that it is to deter illegal immigrants, but the events of the last few weeks have shown us that innocent people, those who have every right to be here and who believe themselves to be utterly British, are finding that they are ensnared in these pernicious rules. Without British citizenship, these children face the same issues as the Windrush generation, which have been exposed recently: being refused access to healthcare, employment, education, social assistance and housing; being held in detention centres; and potentially being removed and excluded from the country altogether.

The briefings that we have received from the Coram Children’s Legal Centre and Amnesty International tell us the human stories of the economic hardship and psychological trauma of being unable to surmount the barriers to gaining citizenship. We have heard a couple of the stories this evening; they are heartbreaking. These children have statutory rights—that cannot be stressed enough—to be registered as British citizens, conferred on them by the British Nationality Act 1981. No child should be denied their British citizenship rights by a fee. I add my support to that of others in asking for the removal of any element of the registration fee over and above the actual cost of administration, the removal of the entire fee in the case of children in local authority care and the introduction of a waiver of the fee in the case of any child who is unable to afford the administrative cost of registration.

Of course, I also support the call in the regret Motion of the noble Baroness, Lady Lister, asking the Government to withdraw the fee increase until they have published a children’s best interests impact assessment and established an independent review of fees for registering children as British citizens, as recommended by the report of the Select Committee on Citizenship and Civic Engagement.

[The Lord Bishop of Derby]

My Lords, I support the Motion of the noble Baroness, Lady Lister, and associate myself with the remarks of the noble Lord, Lord Alton. I will not go into the mathematics—which are very simple, in a way—but I invite the Minister to help us understand the Government’s role in dealing with citizenship. This is about citizenship, not immigration, although sometimes they are linked.

All of us were probably born into citizenship—that is, children become citizens in our country. Obviously, there has to be a system looking at qualification if people come here by other routes. Citizenship is the privilege that glues a country together and enables a Government to have a culture of law and order that people respect and work in and where they support each other. In a market-driven economy, the role of citizenship is even more important because the market will cover some things, but you need a lot of energy and commitment underneath to look after people, look out for them and go the extra mile. There is enormous evidence of social breakdown, including the breakdown of families and communities, isolation and alienation, one of the causes of which seems to be what I call a “citizenship deficit”—that is, many people are not public-spirited, wanting to be citizens with others and live in a joined-up way for a common good.

Noble Lords will know that church people in particular give millions of hours every month to voluntary activity to improve the life of the community. That is what citizenship is: going the extra mile. Many others do this, not just church people. People engaged in such work could give lots of examples of how the civic energy that we need to offer welfare, support, friendship and kindness to make human life more bearable is under stress more and more. We need more recruits. The challenge facing the Government is to create a culture where citizenship is good, creative and worth while.

This issue points to the giving of signals that increase the citizenship deficit. I want to tell two stories from my diocese. I could take you to a parish where an Australian family with three children who were all born here, who have lived over half their lives in this country, claim citizenship. They could afford to pay, so there was not that kind of struggle, but from knowing the family I know that they feel insulted and undervalued. They are citizens living among citizens and making contributions, but suddenly they have to find quite a lot of money to register that.

More poignantly, there is an enormously poor Nigerian family in the parish. They struggle tremendously. Their children are entitled to become citizens, but the fees are way above their possibility. Local church people work hard to try to raise the money, but it is a double whammy: the people becoming citizens feel that the state does not want people to be part of it—it has no commitment to them, so why should they commit to the state?—and all the people of good will who raised the money think, “Golly, what is happening to citizenship in our country, when it is not a right that can benefit society, but some kind of financial transaction that people struggle to meet?”.

If we are not careful, we give out a message that society is just a heap of things that have to raise money to pay the costs of things. A rich society is one in which we give ourselves to each other, generously, graciously and compassionately—that is what citizenship is about. If we cannot induct children into that culture, but give the contrary message that it is a very expensive privilege, and then you just live for yourself, or that very poor people cannot afford to be citizens despite their legal rights and their participation in communities, then I think we are contributing through this scheme to the citizenship deficit and the continuing disintegration of our society.

--- Later in debate ---

[Lord Judd (Lab)]

My Lords, in welcoming strongly what the right reverend Prelate said, does he not agree that, in the breakdown of society, what is repeatedly demonstrated is that children need to belong? There has to be a culture, an overwhelming culture, of being wanted and belonging, and if that is not there, disintegration increases. Does he not also agree that, in the kind of society he is talking about, phrases such as “hostile environment” have absolutely no place, because they generate the wrong kind of context?

[The Lord Bishop of Derby]

I would be very happy to say that belonging is what it is about—that is what a citizen is. It is about belonging, not just to your close family but to your community, your society and your state. We want people to feel proud of that, to feel welcome and fully participative.

[Lord Haskel (Lab)]

My Lords, I congratulate my noble friend on bringing this regret Motion. I sit on the Secondary Legislation Scrutiny Committee and, yes, this regulation did cause us concern: that is why we reported it to the House. For the Minister’s convenience, that was regulation 330. Last week, regulation 680 came before the committee with an almost identical title, dealing with fees for children and immigrants, and this one caused us even more concern: this one dealt with the waiving of fees for the Windrush generation. As my noble friend said, they came here as children. Here again, the Home Office’s uncompromising attitude towards immigrants caused a lot of disruption and difficulty for a lot of people—people legally entitled to be here but whose family settled in the UK prior to 1 January 1973, when the Immigration Act 1971 commenced.

People were not informed and only recently has Parliament become aware of these problems, and the difficulties and expense to which people have been put. The Government quickly introduced the Windrush scheme to put it right and this enabled the Home Office to waive fees for those eligible for the scheme. Yes, in this case the Home Office has apologised and rushed to put things right. Indeed, it has rushed so much that regulation 618 came into force without the normal period for people to pray against it. Indeed, the Immigration Minister wrote to your Lordships’ committee explaining the need to bring these regulations in immediately instead of waiting the usual 21 days. Your Lordships’ committee asked the Home Office how many people it anticipated would use the scheme, the cost and the end date. The answer was that it did not know.

This later regulation 618 proves that my noble friend is absolutely right to raise this question, because there was more trouble in the pipeline; trouble which, at least on this occasion, the Government have apologised for and tried to put right. The effect of having a hostile environment in the Home Office towards immigrants—presumably to get numbers down to the tens of thousands—and the damage done to innocent people will not be put right by an apology.

This policy has done the NHS an enormous amount of harm, as today’s first Oral Question illustrated perfectly, with concern expressed on all sides of the House. Only a change in policy will put it right, so I hope the Minister will carry my noble friend’s message to the Home Secretary and the Prime Minister and that they will accept my noble friend’s proposal.