Immigration Bill

Lord Bourne of Aberystwyth Excerpts

Monday 10th February 2014 Lords Chamber

[Lord Bourne of Aberystwyth (Con)]

My Lords, it is a great privilege to take part in this debate. The Bill has many valuable features but there are also, as has been exemplified in this debate, some very valid and genuine concerns. As has been said, the debate was ably and fairly set out by my noble friend Lord Taylor of Holbeach.

It is important to put the Bill in its context. This country has become more vibrant, more diverse, stronger and better because of immigration. That was exemplified recently by the 2012 Olympics. Looking at the Olympic ambassadors, our troops, our spectators and certainly our competitors, you could see that they were from many different races, religions, traditions and backgrounds.

I agree with the points made by many noble Lords about the importance of asylum. Over the years under different Governments we have been a haven for refugees and asylum seekers, from Uganda and recently from Syria, and we have also looked at special cases—for example, the Gurkhas. It is also important to say that this Bill is not the full picture. Quite rightly, it looks at how we control immigration but there are other important aspects. Just last Friday we dealt with a Bill—admittedly it is a Private Member’s Bill but it has had unanimous support from all quarters in the Commons and the Lords—making it easier for some troops to qualify successfully as immigrants in this country. That is the other important facet or the other side of the coin. I also look forward to the modern slavery Bill, when we will see provisions for tackling some of the abuses in relation to people who seek to settle in this country. That is another important part of the picture.

I look at this Bill in two senses: we have to ask whether it is potentially fair and potentially effective. Some parts of the Bill fulfil both criteria. On removal or deportation, if we can aim for a quicker, more streamlined but fair system—noble Lords have made the point about the need for speed—that will be good. Similarly, it will be good if we have a streamlined, fair and effective system for appeals. Also, provided that there is provision for the destruction of some of the materials in appropriate circumstances, the provisions on biometric information will bring our system into the 21st century. Other countries have biometric testing and I see no objection per se in that provided that it is properly controlled and fair. Tougher provisions on sham marriages and civil partnerships would, again, be welcomed. If they are sham and inappropriate marriages or civil partnerships, we need to act. I also welcome tougher powers against illegal or unfit immigration advisory bodies and organisations. These provisions are to be greeted with acclaim.

I have some concerns about the health service charge in relation to students—a point that has cropped up repeatedly. However, again, I think that a health service charge properly administered and at an appropriate low level is fair and reasonable. It is practised by other European countries. Of course, it is paid up-front; it is not paid when somebody goes to the doctor—it is certainly not paid to the doctor because they are exempt. I do not think that it is paid at the hospital door; I think that it is a provision that is made when somebody makes an application. Therefore, once paid, it should not act as a deterrent from going to a hospital. Certainly, we will need to look at that to make sure that it is fair. I have concerns in relation to international students, both in that area and more widely.

Something that has not been discussed at great length but, again, is important so that we can assess the effect of immigration and whether people are returning home is proper exit controls. That provision was widely welcomed in the Commons across all parties. It is something that we need to do, it is relatively easily done and it should not hold things up. Most people leave by plane, so we will get a full and proper picture if that check can be done at exit—something that has not been effectively done until now.

That brings me to two areas of the Bill which cause me concern and which I think will need proper scrutiny as it goes through Committee. The first relates to the services section of the legislation, if I can call it that, in relation to driving licences, bank accounts and particularly accommodation. There are some problems here regarding fairness and effectiveness. It may be unfair both on the person doing the checking and on the person being checked, and it may also be unfair to people who are not being checked and who are going to be hit as collateral damage. The DVLA and the banks have the capacity—they are large enough—to be able to create a small bureaucracy to deal with this, although I ask my noble friend to say in response, if he can, what documents are going to be looked at. I have concerns about this. If we do not have ID cards in this country—and this is not a plea to have them; there are great concerns about them—how can people demonstrate that they are nationals of the UK or that they have a right to be here? As has been said, many people do not have a passport so, short of that, what documents are going to be needed? I can see the argument that we do not want to encourage people who are here illegally to be able to set up a bank account or obtain a driving licence.

I have greater concerns in relation to landlords and landladies. Some of these will be people who have got a small house where they are letting out rooms. It is extremely unfair to put them in a position where they have to police the immigration service and check what these documents are. Will the Minister say how this is going to be dealt with? Short of ID cards—which I do not want—I cannot see how you can have an effective system in those circumstances.

The danger is—and this point has been made by other noble Lords—that there could be indirect and unintentional discrimination. The tenancy example is perhaps the most serious one. People will go for tenants who they think have a right to be here. Alternatively, some of the most vulnerable in our society who do not have passports but who are nationals will suffer collaterally as well. This area causes me concern. There is potential for indirect discrimination and I should like to probe further as to how this is going to work.

However, my greatest concern is something that has been touched on by other Members of your Lordships’ House. It relates to the deprivation of nationality, particularly where the person has no other nationality. If they have dual nationality then clearly it is not so serious, but if the deprivation of nationality leaves them stateless, then I have serious concerns both about fairness and efficacy. It seems neither fair not effective. If they are in this country there is nowhere we can legally deport them to if they are stateless. Britain has a proud history of fairness and I believe my country to be better than this proposal.

There is much to welcome in this Bill, but there is much to scrutinise as well. I look forward to doing so as the legislation proceeds. I trust we shall be able to improve this Bill.