Immigration Bill (Third sitting)
Debate between Sarah Champion and Rebecca Harris(9 years, 2 months ago)
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Sarah Champion
Q 217 Does the rest of the panel agree with that sentiment?
Adrian Berry: Yes. At the moment, the issue with the innovation in bail provisions proposed in the Bill is that there are difficulties with allowing, for example, the Home Office to vary a condition set by the tribunal. That is more than a cosmetic change. You have independent judicial provision for granting bail and for setting the terms after a hearing. A judge takes a view of what conditions should be imposed. The Home Office can then vary them at their own suit, possibly having lost the argument before an independent judge. You end up with a situation where conditions may be difficult to respect in practical terms, and that will have an impact.
The issue with the provisions in the Bill regarding bail goes beyond that, because it also deals with this idea of branding people as on bail when they have simply come to this country seeking admission. Hitherto, such people have been on temporary admission, which is a different sort of status. There is also an issue about the creation of a culture of presumption of detention and the presumption that you are on bail when, in fact, you have simply come to the country and sought admission, and you are lawfully here without any risk of absconding.
This rebranding is of a piece with the power grab, if you like, on the part of the Home Office against independent judicial scrutiny. What is really required is independent judicial oversight of bail at regular periods, so that you do not get into a situation where you have unlawful detention—in other words, where the detention is without legal foundation because it is unreasonable in most cases or it is contrary to the Home Office’s own policy. Without independent regular judicial oversight, you are going to have more unlawful detention cases and more compensation being paid out. As people have said, nobody wants that. It is not a good situation.
Colin Yeo: The Bill will have the effect of reducing scrutiny rather than increasing it. It turns independent hearings into, virtually, a charade. There is no point in having a hearing in front of an independent judge about whether you should be released and what the conditions should be, and arguing them out in court, when the Secretary of State has a power under the Bill to impose whatever conditions they want immediately afterwards. That reduces scrutiny heavily, and turns the whole thing into a charade, rather than increasing scrutiny, as we would like.
Rebecca Harris (Castle Point) (Con)
Q 218 Am I right in thinking, though, that the Government are reviewing the whole issue of detention in parallel with this Bill?
Jerome Phelps: Yes, we understand that there is an internal review taking place, and the Stephen Shaw review into welfare and detention is reporting around now. In that context, we welcome the decision to announce the closure of Dover immigration removal centre as suggesting a very positive intention to use detention more smartly. I hope that that reflects the overall direction of travel and that the Bill does nothing to get in the way of that.
Immigration Bill (Fourth sitting)
Debate between Sarah Champion and Rebecca Harris(9 years, 2 months ago)
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Sarah Champion
Q 276 So, for clarity, you think that that needs defining either in guidance or in the Bill?
Andrew Hewett: Absolutely, it needs crystal clear clarification and definition.
Karl Pike: We would like “genuine obstacle” to be defined in the legislation rather than allowing it to be subject to the regulations after the Bill has been voted on.
Rebecca Harris (Castle Point) (Con)
Q 277 I want to ask you the question that I missed the opportunity to ask this morning. We have a lot of problems with our immigration service—it sounded terrible at some stages this morning—and I wondered whether you had any relative knowledge of immigration procedures and enforcement in other countries. How do we compare with some of our European partners?
Peter Grady: Which aspect of immigration and enforcement procedures?
The Chair
Rebecca Harris
Q 304 It is not particularly on this point. Within the provision of the Bill, do you think that there is sufficient resource and support for landlords to be able to make the assessment?
Saira Grant: No, quite the opposite; the Bill is now going to criminalise landlords, which will exacerbate the sense of “I don’t want to rent to anyone who looks or appears different.” Landlords have said that the code is hard to understand. I understand that the code is being revised—I see the Minister shaking his head, but I am looking at the evaluation and quoting from it, Minister. So no, there is not any further provision, but what we do have is a situation that will exacerbate discrimination, and that is not being tackled at all in the Bill. And I am not quite certain why the haste. Why are we rushing to strengthen the provisions before the provisions of the 2014 Act have bedded down and we have even looked at the impact properly?
Sarah Champion
Q 305 My final question is about immigration officers. Their remit is being extended, so that they will become more police-like in their areas and in their reach. Do you think that there is enough oversight and independent scrutiny of immigration officers in the Bill or existing legislation to ensure that they act responsibly?
Saira Grant: No, I do not and that is a real worry. So many enhanced powers are given—arrest without warrant, especially the driving licence provisions, no warrant needed to enter premises and to search people—and it was interesting that in your earlier evidence session when the police were talking about it. These powers are not just given to the police, but given to immigration officers and to anyone designated by the Secretary of State. There is no regulatory framework for immigration officers that I can see. It is extremely concerning that ever increasing powers are given to immigration officers, with no checks in place to prevent any kind of abuse of those powers.
Sarah Champion
Q 306 Do the rest of the panel members share those concerns?
Steve Symonds: I do. I would add this: I have followed immigration legislation over many years in different capacities, and I cannot think of a Bill over the last 15 to 20 years that has not extended the powers of immigration officers. I cannot think of a time when that has not been questioned in Parliament, and when the answer has not been that there will be better oversight, training and supervision this time. Actually, I cannot think of a time when it has resulted in a more efficient and effective system, let alone fewer concerns about instances of abuse of those powers.
It strikes me as inappropriate to be constantly expanding powers when, as has been referred to in an earlier session—the first session you had this morning—even the inspectorates themselves constantly refer to lack of management records of how the powers are used, inconsistencies in how they are used and inconsistencies about the guidance to officers about how they should be using the powers. We should stop giving more powers and concentrate on the ones that have been given now, at a minimum, and get those right before thinking ahead to expanding the range of powers given to officers and the expectations on those officers, who are much pressed and who no doubt find it difficult, given the range of legislation and guidance pressed on them. Sort out what they have got now before thinking of moving ahead. Oversight is not going to be the answer. I am not criticising oversight, by the way—I am all for it—but it will not provide the answer.
Rachel Robinson: Can I come in on the point about enforcement powers? I echo many of the points made by other speakers, but I add the very serious nature of the problems with the use of enforcement powers identified by the Independent Chief Inspector of Borders and Immigration. A report covering an inspection period ending in 2013 found that in terms of, for example, the power to enter business premises without a search warrant, officers in 59% of cases lacked the required justification to exercise that power. In a further 12% of cases, there was not sufficient information to determine whether justification was there, so in only 29% of cases was the power being used properly. Yet, in the Bill, we see a massive extension in how intelligence is used by immigration officers.
We have had similar concerns from the Independent Chief Inspector of Borders and Immigration about the approach to so-called intelligence. One example given in a recent report involved a raid on a fast food restaurant. The intelligence for that raid was that previous raids on fast food restaurants had uncovered irregular workers. That is not intelligence; that is a generalisation and a stereotype. We have serious concerns about how the powers are being used, and we urge the Government to consider looking again at those powers, how they are being used and whether there are ways to make them more effective, safer and more accurate, rather than giving immigration officers a whole range of new powers.
Rebecca Harris
Q 307 You might want to reassure our witnesses that we had a housing officer as witness who thought that giving housing officers the responsibility to ask anyone to verify who they were might reduce problems with prejudice and so on. My question to all of you, with your expert knowledge of this area, is what measures you think we should be introducing to encourage people with no right to remain in this country to leave, or ensure that they do so when they refuse. What would be your solutions to that problem, if this is not the answer?
Rachel Robinson: What we see in the Bill is a shifting of responsibility from the Home Office to private citizens, when what we should be seeing is an improvement in processes within the Home Office. I think that the Committee has had ample evidence that the provisions in the Bill are liable to undermine enforcement of the immigration rules by making it more likely that people will abscond. The Committee has heard ample evidence on the provisions on asylum support.
We would say that the solution is not to foist immigration powers on members of the community with no training or expertise and expect them to carry out the functions that the Home Office has failed to carry out effectively itself. The solution is for the Home Office to do its job better.
Rebecca Hilsenrath: We start by wishing that an equality impact assessment had been produced; it might have helped to look through the draft provisions with a closer eye on equality impact. In terms of general proportionality, you could take the same approaches and consider whether, in fact, the same measures could be looked at through the lens of greater compliance with human rights legislation. If we look, for example, at the provisions giving private landlords eviction powers where tenants have been found to be disqualified from renting, we do not really understand why that process cannot involve a review by the court instead of being, as it is at the moment, enforceable as a court order.
Immigration Bill (First sitting)
Debate between Sarah Champion and Rebecca Harris(9 years, 2 months ago)
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Sarah Champion
Q 38 Your hope was that the director would be able to set established minimum standards with employers. However, in parts of the Bill, the criminal aspect has shifted from the employer to the employee. What impact do you think that is likely to have?
Professor Metcalf: You mean on illegal working? I try, as chair of the Migration Advisory Committee, to stick to my knitting and do what we have done. Frankly, I have not thought about that very much. It is a matter for you, as the Committee, and for other people to decide what they think about illegal working.
Your point about employers is really important. I hope that the CBI, which is an excellent organisation— I know from my time on the Low Pay Commission how important the CBI was in ensuring that the minimum wage worked properly—buys into this. Occasionally, the CBI is rather hostile to regulation. In a sense, that rather surprises me, because the regulation that has been proposed here will help its members. It takes away the cowboys, as it were, and the people who do the undercutting. Therefore, your point about the effect on employers is very important. I hope that the CBI buys into this.
Rebecca Harris (Castle Point) (Con)
Q 39 What impact more generally do you feel illegal or poorly regulated workers’ protections have on the domestic, legal workforce?
Professor Metcalf: We went into that in some detail in the low-skilled report last year. It is interesting. When we went out to Wisbech and Peterborough and so on, the concerns were about the exploitation of the migrants. However, the people we spoke to were well seized of the consequences for British workers: possibly some displacement, although lots of times they would not actually want to do the jobs; and, for certain, downward pressure on the wages at the bottom end of the labour market. By properly regulating this aspect of the labour market—including immigrants and the British workforce—this will go a long way towards raising the welfare of British residents. I would have thought that this is something that we should all welcome. Our report was about immigrants, but it went into what the issue was doing to British residents. We did find evidence that it was undercutting wages. The measures will be very important to stop that.