UK Borders Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2011

Lord Judd Excerpts

Thursday 7th July 2011 Lords Chamber

[Baroness Hamwee]

My Lords, I will not repeat the arguments that my noble friend made so powerfully. I have one point and one question for the Minister. My noble friend mentioned the validation pilot. Before hearing about that, it struck me that the problem may lie in a lack of clarity about the evidence required, and in poor initial investigation. Can the Minister say anything about that?

I will not talk about making rods for our own back, but as a country we owe it to those who are applying for visas to be as clear as possible about what is required. We have talked in many debates about immigration and the importance of warm feelings on the part of other countries towards this country—the reputational area. I will mention that in this context.

[Lord Judd]

I will follow on from that sentiment, but first I feel that it is important to congratulate the noble Lord, Lord Avebury, on raising this matter. In this House, there is sometimes—shall I say?—exaggerated and even slightly operatic flattery, but it is impossible to overdo our appreciation of the noble Lord. Throughout his parliamentary career, he has been a model of what disciplined, detailed scrutiny is about. We may have big and emotional debates and focus on sensational issues, but the noble Lord has demonstrated that for Parliament, doing scrutiny well requires a great deal of detailed application and thoroughness. He does not easily let points of principle escape his attention, and we should all be grateful to him.

The issues on which it would be important to hear comments from the Minister include retrospective legislation of any kind. I deprecate retrospective legislation because on the surface it always casts doubt on the principle of legal certainty. From that standpoint, there has to be a very special case for anything that involves retrospective legislation.

My second point is one that the noble Baroness has just emphasised, namely that we spend a lot of time preaching to the world about the absence of the rule of law. Immigration policy puts us in the front line of relationships with people from other countries. It is terribly important that in our policy we demonstrate an absolute commitment to the rule of law. There is a perception—we could debate this more fully on another occasion—that what we take as important in the general administration of law does not always apply to immigration; that the task of immigration is to say no and to get people to go home rather than to find the truth behind the application; and that it is not to put ourselves in a position to understand a person’s desperate plight and to determine that no stone shall be left unturned in ensuring that justice is fulfilled in their case. From that standpoint, what the noble Lord has put before us today is an applied illustration of why it is so important to take these matters seriously. I hope that the Minister will deal fully and convincingly with what he has put before us.

[The Lord Bishop of Ripon and Leeds]

My Lords, I support the Motion of the noble Lord, Lord Avebury. Like the noble Lord, Lord Judd, I thank him for his persistence on this issue of justice for those coming to or remaining in this country, in particular to work or study. That includes a significant number of people who come at the invitation of churches and other faith communities, as well as academic bodies, to be a part of the life of churches, universities and so on in this country.

The points-based system has proved problematic for many long-established relationships with other countries. It is in some danger of causing the lack of warmth to which the noble Baroness referred moments ago. The order adds to the perception that we are more interested in obtaining decisions in favour of UKBA than in achieving justice for applicants.

I stress again the point made by the noble Lord, Lord Judd. Why do we move so fast on immigration law? Why does it appear to be different from other laws that we consider in this House? I would like the Minister to indicate as clearly as she can what we are doing here. What we should be doing is seeking justice for claimants based on all the evidence that we can possibly have at a particular moment. Any legislation that looks as though it is seeking to exclude available evidence must be dangerous and problematic. The order also appears to ignore the fact that many of those applying have little in the way of resources, and that new applications, which would be possible, will add significantly to the costs.

There ought to be an absolute rule, first, that our legislation is not retrospective, and, secondly, that commencement orders such as this should provide proper notice to those affected. As the noble Lord, Lord Avebury, indicated, this order applies to appeals already in the pipeline, and there was only a weekend between it being published and coming into effect, so it fails the test on both counts. I, too, regret this unnecessary threat to justice being done and being seen to be done for those applicants whom it affects.