Nationality and Borders Bill

Lord Hacking Excerpts

Consideration of Commons amendments
Tuesday 26th April 2022 Lords Chamber

[Lord McColl of Dulwich (Con)]

My Lords, I will speak to Amendment 26B. This House has been united in agreeing that improvements are needed to Part 5 of the Bill. The human trafficking sector has made that very clear in briefings to your Lordships. I have kept my endeavours to the support for victims who have been through the national referral mechanism and, by the Government’s own processes, have been confirmed as victims of modern slavery—as people who, by definition, have been through exploitation and trauma.

I am grateful to the Government for their commitment that victims in England and Wales will receive 12 months of tailored support. I am nevertheless extremely disappointed that the Government did not cross the next hurdle for victims and place this commitment in statute.

Last week, the Minister in the other place said that the Government were “unshakeable” in their position on my amendment. It is with regret that I have decided not to insist again—but I shall continue to be unshakeable myself in bringing this matter before your Lordships and the Government. I hope that the Minister will tell us the timetable to produce the guidance to which the Government have committed for confirmed victims. If not, will she give me details today; and, if not, write to me and place a copy in the Library?

I want to put on the record that I am grateful to all those in this House and beyond who have supported me during the passage of the Bill and voted for victims of modern slavery, and I pay tribute to my noble friend Lady Williams for all the help she has given me; I am most grateful.

Before I finish, I also want to raise several questions which fall within the scope of Amendments 53B and 53D. I understand the Government’s need to control immigration and, in my work on modern slavery, I am clearly opposed to organised crime. I understand why the Government have decided to seek a deterrent to those crossing the Channel, but I am extremely concerned that modern slavery victims who seek asylum are the subject of paragraph 14 of the Government’s memorandum of understanding with Rwanda.

We have spent months debating the care and identification of victims of trafficking, and it seems reasonable to assume that the UK is where that identification and care will occur. Please will the Minister set out the Government’s intention on identification and care of victims of modern slavery under the agreement with Rwanda, and in which country identification and care will occur?

[Lord Hacking (Lab)]

My Lords, I have listened to a debate of extremely strong argument and extreme persuasion, but I think it is now time that we got on with the task of sending back provisions of this Bill to the other place for it to reconsider. It is very touching for me to stand up for a moment here, because it is the 50th anniversary—exactly, to the day—of my maiden speech in this House.

[Lord Mackay of Clashfern (Con)]

I have been made anxious by the intervention of the noble Lord, Lord Pannick, in this debate. I have to say that I do not think it is for me to decide whether this is in accordance with the law or not. The Law Officer of the Crown is the Attorney-General, and my understanding is that the Attorney-General has supported the Bill. Therefore, one can take it that her opinion is that it is lawful.

After all, lawyers sometimes disagree, and I am not prepared to put myself in the place of the Attorney-General of this Government. A very distinguished lady is in that office. Therefore, it is right for us to say that, so far as we are concerned, the Government have the advice of the appropriate Law Officer. It is also important that, if necessary, the Attorney-General is the adviser to this House. Therefore, it would be very difficult for us—or at least for me—to proceed on the assumption that this is unlawful. I of course understand the arguments about this, but the ultimate conclusion is that of the Attorney-General, and that, in my view, is why the Ministers in the other place asserted so strongly that this was lawful.

Nationality and Borders Bill

Lord Hacking Excerpts

Report stage
Tuesday 8th March 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, in rising to support Amendment 83, tabled by the noble Baroness, Lady McIntosh, to which I have added my name along with the noble Baroness, Lady Lister, and the noble Lord, Lord Alton, I declare my interests as set out in the register.

I set out my reasons for supporting this amendment in Committee. We should simply not have a situation whereby people, including children, are excluded from the citizenship to which they are eligible because they do not have funds. It is nonsensical for the Government to put up a barrier to people being, and feeling, fully part of our society. The Government rightly talk about the importance of integration, community cohesion and levelling up. This policy works against all three of those.

Being a British citizen is completely different from indefinite leave to remain, and this must be constantly recognised. If people are eligible to be citizens, cost should not be a barrier. The registering of British people’s citizenship should have no revenue function, and fees should be removed altogether for children in care and for those whose registration is provided to correct a historical injustice.

I simply urge the Minister to hear the strength of feeling in the House, accept this amendment and deal with it once and for all.

[Lord Hacking (Lab)]

My Lords, I am wholly familiar with Governments siphoning off funds raised for one purpose and using those funds for a quite different purpose. I was particularly conscious of that during my years as president of the Civil Court Users Association, when the Government collected very large funds on the issue of writs and the other issues needed in the litigation process, and then used that money in a quite different sector of the court system.

I am also familiar with the disproportionate fees, compared to the administration costs, involved in the process of obtaining British citizenship. The noble Baroness, Lady McIntosh, has already given examples of that which I willingly adopt. I am aware too of this problem for a rather more personal reason, in that young members of my family, who have very little resource, have been in the process of obtaining British citizenship and have been heavily penalised—not by £1,000 but by £2,000 and more. They were young, and the family were able to provide the necessary support. But that is an example of the rampant unfairness.

My recollection—I cannot put my finger on it exactly—is that one of your Lordships’ committees recently investigated this problem and issued a report, in which it said specifically that the correct level of fees involved in the obtaining of British citizenship should be based on the administration cost and nothing else. However, the practice continues, and the provision contained in this amendment to Section 68 of the Immigration Act 2014 is very well drafted and sets out precisely what should be done. It reads as follows:

“in setting the amount of any fee in relation to registration of British citizenship the Secretary of State … must not set that amount at a level beyond the Secretary of State’s estimation of the administrative costs of the function to which the fee relates”.

There cannot be a fairer or more precise way of addressing the problem, and I congratulate the tablers of this amendment on the care and precision with which they have done it.

Since I have not tabled this amendment, it is not for me to make the decision about whether a Division should be called. That is a matter for those who have brought it forward. I look down at the leaders of my own party to see how they are going to participate in this issue—we have not heard from the noble Lord on my side what position my party is taking.

I would, however, discourage a Division at this time of night. Certainly, when I was last in the House, a number of years ago, if you put forward an amendment at Report and it had been defeated in a Division, you were not entitled to take it further—to Third Reading, for example. The fact is that those who will be voting in whatever Division is called are not in this House and have not listened to the arguments. It is a kind of routine form of voting, not the measured form of voting that happens after listening to the arguments.

[Lord Hodgson of Astley Abbotts (Con)]

My Lords, I am afraid I have to plead guilty as charged to the point made by the noble Lord, Lord Hacking, since I was chair of the committee on citizenship and citizenship engagement that he was referring to, which had among its extremely able members the noble Baroness, Lady Lister, and my noble friend Baroness Eaton.

We came across this issue, so I have some sympathy with the direction of travel of this amendment. In simple terms, while our committee was sitting the fees for naturalisation were raised to £1202, with an extra £80 if you wanted to have a citizenship ceremony. We were told that the cost of administering was roughly half that, so there was an override of about £600.

To be honest, to forgo the citizenship ceremony, which we were able to attend, would be to miss something. It was an extraordinarily moving experience to watch the people enter enthusiastically into their new life. In the margin of the meeting, they did, of course, tell us about the costs that they had to incur along the way. My major reason for supporting the direction of travel, though, is the point made by the noble Lord, Lord Alton. We are trying to promote people to come forward and anything that dissuades them is a mistake. I am not sure that we must have regard to what other countries are charging. That seems to me not necessarily something that will add to the sum of human knowledge; nor do I think there is necessarily not some room for a bit of a surcharge for the overall administration. But the underlying point is that the margin between the cost of providing the service and the cost being charged is too great.

In my view, this amendment—not in this form, but something like it—would impose some financial discipline at a lower operational level because it would impose some direct responsibility. Once it becomes a sort of global figure, nobody cares about it, is responsible for it or does anything to improve the service it is providing. That is why I think this is going in the right direction, even though I do not agree with all the detail.