Immigration and Nationality (Fees) (Amendment) Order 2014

Debate between Lord Bilimoria and Baroness Smith of Basildon

Tuesday 28th January 2014 Grand Committee

[Lord Bilimoria (CB)]

My Lords, I know that we will be debating the Immigration Bill very shortly, but I should like to comment on this matter of fees and the premium services that are being offered—presumably to try to make it easier. Speaking as the founding chairman of the UK India Business Council, if there is one complaint about the United Kingdom and our relationship that I hear when I go back to India, as I do regularly, it is about visas. This is particularly true of students, and of the business community. We have serious problems in that the UK Border Agency, as it was, was not fit for purpose and has now been dismantled. Can the Minister confirm that the levying of fees is a caseworking function and falls within the remit of UK Visa and Immigration and not that of the UK Border Force?

Furthermore, it is quite clear when I come in and out of Heathrow in particular that it is very difficult; the queues are very long. We are not adequately resourced to cater for the passengers arriving in the UK. With this system, I presume that the Government are trying to make it easier for someone, by paying a premium fee first, to get a visa and then, once arrived, to get in quickly and escape the queues. Can the Minister confirm that? It is very off-putting, whether you are a tourist or a business traveller, to be confronted by those queues at Heathrow.

Quite apart from this, the Government—as I have said before—should surely be thinking about joining Schengen, which is much better value for money. It would encourage many more visitors to come. This government measure is a step in the right direction but it is completely avoidable if we join Schengen. That would hugely enhance the number of tourists and increase the number of business visitors. It would be much better value for money.

Next, from the point of view of students from abroad, Britain is a very expensive country to study in. They want to study in Britain—our higher education, along with that of the United States, is the best in the world—but both the fees and the cost of living in the UK are high. This has not helped countries such as India, for example, where the exchange rate has deteriorated rapidly and the rupee is now much weaker, making it even more expensive for Indian students. Having to pay an even higher fee for a premium service makes it that much more expensive for them to come to this country. The number of Indian students has dropped by 25%. Our economy desperately needs the income from foreign students—what they spend on fees and what they spend while they are here—which is estimated at possibly £14 billion a year. This is quite apart from the generation-long links that are built.

Moreover, while we are focusing on the fees, the Government are completely ignoring—again, we will address this in the Immigration Bill—the introduction of exit checks when people leave the country. It is very simple, with today’s technology, to scan every passport as people leave the country, whether they are EU or non-EU. Then we would know who has left the country and who has come into the country, which would also help to address the huge problem with illegal immigrants.

[Baroness Smith of Basildon (Lab)]

My Lords, I am grateful to the Minister for his explanation, which certainly addressed a couple of the points I wanted to ask him. I found it extremely helpful. I appreciate that this is not the order that sets the level of fees, which will come before us again. However, there are a number of questions on this.

First, I entirely agree with the point made in paragraph 7.1 of the Explanatory Memorandum, which states:

“The Home Office believes that it is right that those who benefit directly from the border and immigration system should bear a higher share of the cost of running the system and therefore reduce the contribution made by the UK tax payer”.

Noble Lords will recall that I addressed that principle in the anti-social behaviour Bill on the issue of firearms licences. The Government did not agree with me in that case and the taxpayer is shouldering a huge burden of millions of pounds every year for firearms licences. Given that it establishes a principle here, I hope it will apply to other areas of government policy, such as those I have raised previously, when appropriate.

The new provisions here talk about the new services that can be provided at a cost. The Minister said something about this but it seems to me that there is still an area of flexibility. He talked about the new optional premium service and where it could be provided. Can he can say anything more about that, or am I wrong and there is no flexibility? However, from what is here and what he was saying, it is implied that there is some flexibility in the services that can be charged for. I am interested to see whether there is a definitive list of those services that are not being charged for now but would be charged for in the future. That would be a useful list to have.

I was looking at the debate yesterday in the other place and one of the areas that struck me, and is something that I have been looking at, was the consultation. I did not think there was a consultation on these proposals. It has closed but it has never been published. As a matter of principle, it is always helpful if information on consultations is published prior to the debates on the issue because presumably the consultation was to inform policy and this debate is to help form policy. I would have greatly appreciated having the responses, or a summary of them, and the details of that consultation prior to today’s debate. Given that the discussion on fees will continue, it would be helpful if the noble Lord could circulate, at least to those interested in today’s debate, or place in the Library, details of that consultation and the Government’s response to it. We will not oppose the order today or pray against it because of that, but I do not think it is a good principle.

As I understand it, part of the proposal is that what the Government call “commercial partners”—and most people call contractors—would be able to charge for services they provide, particularly visa applications. They would also be providing new services and new fees. I hope that, when we discuss fees at a later date, more information can be given to your Lordships’ House on the method of calculation if we are talking about three new variables: new services, new fees and contractors.

I am curious about what appears to be an extended role for contractors in visa applications. Can the noble Lord can say something more about what work contractors will be undertaking that the Home Office is currently undertaking? Will there be a transfer of responsibilities or of work? I am not clear exactly what the contractors will be doing under the terms of this order. Does the Minister know which contractors will be used? Will there be new contracts to bid for? Who are the contractors, if that information is available? What will the process be and what will the work be? How long will any contracts be given for? The key point is that presumably there has to be careful monitoring and high expectations of the standards to be reached by contractors. There have been issues with some big contracts, such as security for the Olympics, which the Minister and I and debated on the Floor of the House. Recently, we have seen security concerns raised over one of the private prisons and problems with electronic tagging. I think there are multimillion-pound paybacks from some companies that the Home Office has employed to undertake work on its behalf. If this is an extension of contractors, we need some very clear assurances on what the monitoring arrangements will be and how they will be enforced to ensure high standards, especially if new fees are coming in to pay for those services.

That sums up the standards that we expect in the work being done by contractors. We also want to know a little more about the fees and what services will be covered by them. I hope that the Minister can answer those questions. If he cannot, I shall be happy for him to write to me. I have asked for a fair bit of detail, particularly on the contractors. If he could give me an overview now and then write to me, I would be equally happy with that.

--- Later in debate ---

[Lord Bilimoria]

I thank the Minister for giving way. I wish to make two points. He said that the number of overseas students has increased. However, if I may correct him, according to the Times Higher Education Supplement of 16 January, the number of non-EU students at UK universities fell by 1% last year—the first such decline ever recorded. In the Government’s defence, the noble Baroness, Lady Smith, asked if there had been consultation. My understanding is that targeted consultation took place.

[Baroness Smith of Basildon]

My point was that it has not been published and we were not able to see it before the order came before us.