Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Lord Kennedy of Southwark Excerpts

Monday 18th March 2019 Lords Chamber

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

My Lords, this SI makes changes to 21 separate pieces of primary legislation. Again—and this has been a running theme through many of the SIs today—that is just wrong. Can the Minister explain why there is no suitable Bill which this could have formed part of? Can she also explain why the immigration Bill passing through the other place is not a suitable vehicle?

Putting these changes in a Bill would have allowed Members of this House and the other place to scrutinise exactly what they mean for each of these different Acts, and to table amendments if necessary. If we are to be told that these are just technical, that is fine—we get technical matters in legislation all the time and, as noble Lords will know, they are nodded through without any fuss. But it is this House which should take the decision, not the Government, on whether they should be nodded through or not.

I am aware of the concern about how the rules affect individuals. It is sometimes almost impossible for lawyers, judges and Home Office officials to understand the rules and regulations, let alone the average person applying for a visa with or without the help of legal aid. Good parliamentary scrutiny helps to improve legislation, but by bringing these instruments forward in this manner the Government are not allowing themselves the benefits of that, as there are many experts in this House who can help the Government improve what they want to do.

It could also be said that the instrument seems to be overreaching itself. The immigration Bill has not yet completed its parliamentary passage—it has certainly not got to this House. This statutory instrument makes changes for a post-Brexit immigration landscape that is not yet assured.