Immigration Bill

Lord Rosser Excerpts

Monday 10th February 2014 Lords Chamber

[Lord Rosser (Lab)]

My Lords, we have had a lengthy, interesting and, at times, passionate debate. Some noble Lords have addressed the general approach to immigration and the overall thrust of the measures contained in the Bill. Other contributions have homed in on the implications of specific clauses and proposals, such as limiting the right of appeal for First-tier Tribunal cases when the real problem that needs addressing is the number of decisions appealed that are determined as being wrong.

Among other areas of concern regularly referred to this evening have been the impact of the proposals on international students, undocumented migrant children and landlords and prospective tenants. However, in the comments at the beginning of the debate, my noble friend Lady Smith of Basildon pointed out that it is equally relevant in this debate to talk about what is not in the Bill.

Before moving on any further, it is worth pointing out that the Bill has not been subject to the most thorough of consultation processes. Prior to the Bill, there was no draft Bill, Green Paper or White Paper. The Bill also appeared to be delayed in the other place for reasons which may have had more to do with internal issues within the larger party in the coalition than any other factor.

Then, 24 hours before the four-and-a-half-hour debate that was Report stage in the other place, followed immediately by a very brief Third Reading, the Government published a major new clause on deprivation of citizenship for conduct seriously prejudicial to vital interests of the United Kingdom. This left little or no time for the Government’s proposed new clause, giving a significant power to the Secretary of State, to be considered in detail, including, for example, what would happen to people made stateless—my noble friend Lady Kennedy of The Shaws referred to this—and why there was no provision for judicial oversight. These were hardly the actions of a Government keen on providing the appropriate opportunities for scrutiny of their proposals by Parliament.

We also had the spectacle on Report in the other place of the Home Secretary’s speaking against one of her own Back-Bencher’s amendments, on deporting foreign criminals, to her own Immigration Bill. Having said that the amendment would be incompatible with the European Convention on Human Rights, and would significantly undermine the United Kingdom’s ability to deport foreign criminals, the Home Secretary then failed to vote against it.

Finally, this weekend we heard that the Minister for Immigration, who proved himself not to be the greatest admirer of this House during the controversy on House of Lords reform, had resigned, since it appeared he had employed someone who was an illegal immigrant. This happened after the Government have repeatedly said that there will be no real difficulties for landlords in carrying out the new requirements in this Bill to ensure they are not renting accommodation to illegal immigrants. If a Minister for Immigration can get it wrong, there must now be even bigger question marks over the practicality of at least some of the proposals in this Bill and over the actual impact they will have on immigration in contrast to the headlines when they are first put forward.

My noble friend Lady Smith of Basildon made clear earlier our agreement that immigration needed to be properly and effectively managed, our agreement that we need to tackle illegal immigration and our agreement that we need to ensure that, when appropriate, foreign criminals are deported. On these important points, however, the Government have been wholehearted in their rhetoric and half-hearted in their actions. The infamous van and its advert, to which some noble Lords have referred, sums up this Government’s approach. Border and immigration staff have been reduced, the number of illegal immigrants deported has fallen and the number of businesses fined for using illegal workers has almost halved between 2009 and 2012. The Bill is silent on remedying the causes of these failures by the Government.

How much better it would have been for community relations in this country and for the whole tenor of the debate on immigration if the Government’s action had been wholehearted and the Government’s rhetoric half-hearted rather than the other way round. What is needed is a reasoned debate about making sure that immigration delivers positively for our country. That includes having appropriate measures to control immigration, tackling illegal immigration and abuses of the system, having an overall approach to addressing the impact of immigration on people’s lives—to give two examples, in the labour market and the housing market—but also recognising the benefits that immigration has brought to our country. That will not be achieved through legislation that was not properly scrutinised in the Commons and through legislation whose passage appears to be geared, as far as the Government are concerned, to deadlines related to elections in the middle of this year, if not beyond.

The Government have said they are going to reduce net migration to the tens of thousands by May 2015. The objective is presumably 99,999, even if that means its being secured at the cost, to our country, of people leaving whom we should want to stay and highly qualified people, including university students, whom it would be in our interests to attract, not coming to this country. Can the Minister tell us whether the Government are on track to meet their declared policy objective within the timescale laid down and what contribution the Bill is expected to make, if any, towards meeting the Government’s target on net migration and over what timescale?

Much of the Bill relates to illegal immigration, which is not covered by the Government’s “tens of thousands” objective. The Bill seeks to transfer some responsibility for controlling illegal immigration to specific groups of citizens of this country and, by implication, away from the Government. It does not, however, address the issue of exploitation and abuse of immigrants which, for so long as it is allowed to continue, contributes to the level of illegal immigration. Although we share the Government’s objective of wanting properly controlled and managed immigration, it does not let them off the hook of having to make the case for each one of their proposals in the Bill.

Making the case means providing hard evidence on the extent and nature of the problem or issue that the Government are seeking to address; providing hard evidence that the practical implications and feasibility of what is proposed have been thought through; and providing hard evidence that the claimed impact of what is proposed on the problem or issue that the Government are seeking to address is also a realistic expectation. For a start, the Government’s own impact assessment states, without any caveats, that the Bill,

“will make a significant contribution to reducing illegal immigration”.

That could be the case but I hope that the Minister will be able to provide the hard evidence and figures on which that statement is based, including telling us by how much the proposals in the Bill will reduce illegal immigration.

It will also help detailed consideration of the Bill if the Minister could indicate which of the measures proposed in it the Government consider will make the biggest contributions towards reducing illegal immigration or impacting on the net migration figure. It is only right that we should have that information because concerns have been raised about some specific proposals in the Bill and, in some cases, the potential unintended consequences on law-abiding British citizens, legal visitors and visa holders who contribute positively to our country. People need to be in a position to make their own judgment on whether the evidence on the changes that the proposals will actually deliver justifies the risk of any associated unintended consequences if these cannot be addressed. What will not help would be if it becomes clear that there are proposals in the Bill that are here for show rather than effectiveness.

One proposal on which there has been some comment is that defining public interest in relation to Article 8 of the European Convention on Human Rights when considering immigration cases. The Bill seeks to put on the statute book the terms of the most recent Immigration Rules. It is moving guidance or rules into law passed by Parliament, with a view to tying down how the judiciary interprets the public interest and the weight that should be attached to it in immigration cases. That is a significant development and the Minister set out the reasons for the Government going down this road in introducing the Bill. We have a whole raft of guidelines on sentencing across a range of offences and on the weight that should be attached to different factors. It would be helpful to know whether the way that the courts are interpreting other guidelines or rules is also a cause of concern to the Government and, if so, whether they are considering enshrining any of those in statute.

Coming back to the reasons for the Government including Clause 14, can the Minister give some indication of the number of judgments since the revised Immigration Rules came into effect which the Government have felt did not properly reflect the terms of those rules, in respect of what the public interest requires and the weight that should be attached to it? What number of judgments have there been which the Government feel have reflected the terms of those rules? Can the Minister also indicate what the Government anticipate will be the effect of passing Clause 14 into law on the number of people coming into and leaving this country in a calendar year?

Finally in respect of Clause 14, can the Minister spell out the evidence the Government are relying on to insert, as a statement of fact, its wording that,

“persons who seek to enter or remain in the United Kingdom”,

and who are able to speak English,

“are less of a burden on taxpayers”,

than—one assumes, although the Bill does not say it—those who cannot speak English and who are seeking to enter or remain in the United Kingdom? I am not saying that the proposed wording is factually incorrect but if such wording is to be enshrined in the law of the land, the Government ought to be clear about the hard evidence on which it is based and place it on the record.

In his introductory speech, the Minister spoke about policies and proposals in the Bill striking the right balance, and the Bill not making the United Kingdom less attractive to legal migrants. From the speeches today it is clear that most of your Lordships do not share this somewhat idyllic view of the Bill as currently worded. However, one opinion expressed by the Minister that will not be disputed is that over the coming weeks, as he said, this House will give this Bill the serious scrutiny that it now demands and needs.