Immigration and Nationality (Fees) (Amendment) Order 2024

Lord Murray of Blidworth Excerpts

Monday 11th November 2024 Grand Committee

[Lord Murray of Blidworth (Con)]

My Lords, I welcome this amendment order, which proposes to adjust the fees in relation to certain immigration and nationality services, and in particular the English language qualification process. It is one of the features of the complexities of the system that these kinds of situations arise, and I am not going to be critical of the Home Office for laying an amendment order in these circumstances. It is obviously right that the Secondary Legislation Scrutiny Committee has picked up on a perception that Explanatory Notes did not set out in enough detail the purpose of the instrument. Perhaps the Minister could let us know whether it is proposed to provide revised Explanatory Notes and, if so, when. Perhaps he could also reassure the Committee on the quality of Explanatory Notes, which I know officials in the Home Office strive hard to ensure are accurate and detailed. I am sure that the Minister will take back to the department the message that crystal clarity is required in Explanatory Notes.

Of course, the fees structure is essential in maintaining a secure system of immigration control, and indeed provides an element of being self-funding. That, of course, itself achieves the kind of immigration system that we wish to see and strengthens British immigration policy. Therefore, I welcome the order and would be grateful for an answer in relation to Explanatory Notes.

[Lord Hanson of Flint (Lab)]

I am grateful to both opposition Front Benches for their comments. I find myself in the genuinely strange position of moving an order to rectify something that happened when we were nowhere near the legislation that is being rectified. I hope that both opposition Front Benches will recognise the fact that my honourable friend Seema Malhotra bringing forward this order in the Commons and me doing so in in the Lords are attempting to rectify an issue that was spotted prior to the general election, which would have been brought forward had the general election not been held in July.

I genuinely cannot say with any certainty why the fees for the services were not regulated when they were first set out. The rules relate to the historic nature of the issue and potential changes in a complex interaction of regulations at the time. I do not know why that happened but I am grateful that previous Ministers, with the advice of civil servants who have reviewed this as part of the procurement exercise that commenced earlier this year, have noticed a gap and therefore have asked Ministers to sign off the measures that will close that gap. Minister Malhotra, who is the lead Minister for this area in the Commons, and myself as the responsible Minister here in this House, have both agreed to take this order through accordingly.

I say to the noble Baroness, Lady Brinton, that there are no issues on the quality of the education and training provided under the orders. I am not aware of a slew of complaints about the fee levels in the past. This is simply an order to rectify what was seen to be an illegality. The Committee should welcome that and understand that that is why this order is being brought forward.

The regulations are being laid at the earliest opportunity to begin the process of rectifying the issue that has been identified. I want to assure this Committee that structures and processes are in place to ensure that the fees for new visa routes and requirements are captured in the immigration and nationality fees regulations when associated changes are made to the Immigration Rules. As has been mentioned, we are hoping to bring forward at an early opportunity, we hope before Christmas, the revised fee structure to rectify where we are currently. That will, I hope, set those fees on a proper legal footing and rectify the challenges that we have had to date.

Again, the noble Baroness, Lady Brinton, mentioned the sharing of information between Administrations. I find that hard. I was in Parliament in 2008. I was in the Ministry of Justice then, not the Home Office, but to be honest with her, I cannot really answer on what happened in 2008 in the Home Office with this order and its background at that time. I can simply say to her again that it is unusual for previous Administrations’ paperwork to be passed to a subsequent Administration. It did not happen in 2010 and it is not happening now. I can ask questions of officials and get good responses about issues but there is not an automatic assumption of access to previous papers. That might be something to be considered but that is a far greater sandwich display than we have before us today, if I may put it that way.

I note and take the noble Baroness’s point. However, we have to reflect on the fact that this measure is brought forward as a joint enterprise between two Administrations handing over a baton to rectify a particular problem identified previously, which this Administration are now taking forward.

Both noble Lords asked about the Explanatory Memorandum. Again, it is important to recognise that it was not the best Explanatory Memorandum in place. It is what it is now. The noble Baroness, Lady Brinton, asked about a review. For the Home Office, and for other departments, given the view of statutory instruments and the importance of SIs to both Houses of Parliament, the new Government have asked for a Minister to be appointed in each department with oversight of the statutory instrument process. I am that Minister now in the Home Office, and I have to look at, clear and be held to account for the SIs that come through any part of the Home Office department. They will have to be cleared and signed by myself. That does not guarantee—because we are all human—that something that I see and clear is going to be perfect. But I hope it gives oversight to that process, which we have not had before. The Leader of the House of Commons, Lucy Powell MP, has been clear that both Houses of Parliament need to up their game on the Explanatory Memoranda, the oversight and the accountability of SIs to both Houses. Four months into the job, I ask the noble Baroness, Lady Brinton, to give me space but to hold me to account in due course, as I know she will, on the performance on SIs particularly.

If there are further points that I have missed, I will reflect on them with colleagues and respond in writing, certainly to the noble Baroness, Lady Brinton. I hope that we can agree this order today and rectify the gap that has been identified. I look forward to bringing forward future SIs to continue that process in relation to the meat of this order.