Draft Immigration
(Biometric Registration) (Amendment) Regulations 2012
The Committee consisted of the following Members:
† Brake, Tom (Carshalton and Wallington) (LD)
† Bryant, Chris (Rhondda) (Lab)
† Crockart, Mike (Edinburgh West) (LD)
† Cruddas, Jon (Dagenham and Rainham) (Lab)
† Duddridge, James (Lord Commissioner of Her Majesty's Treasury)
† Field, Mr Frank (Birkenhead) (Lab)
† Green, Damian (Minister for Immigration)
† James, Margot (Stourbridge) (Con)
† Lefroy, Jeremy (Stafford) (Con)
Meacher, Mr Michael (Oldham West and Royton) (Lab)
Paisley, Ian (North Antrim) (DUP)
† Roy, Lindsay (Glenrothes) (Lab)
† Rudd, Amber (Hastings and Rye) (Con)
† Rutley, David (Macclesfield) (Con)
† Smith, Mr Andrew (Oxford East) (Lab)
† Wheeler, Heather (South Derbyshire) (Con)
† Wilson, Phil (Sedgefield) (Lab)
Alison Groves, Committee Clerk
† attended the Committee
First Delegated Legislation Committee
Monday 16 January 2012
[Sir Roger Gale in the Chair]
Draft Immigration (Biometric Registration) (Amendment) Regulations 2012
4.30 pm
The Minister for Immigration (Damian Green): I beg to move,
That the Committee has considered the draft Immigration (Biometric Registration) (Amendment) Regulations 2012.
It is a pleasure to serve under your chairmanship in your newly enhanced state, Sir Roger. Approval of the regulations will mean that the UK Border Agency can complete the in-country roll-out of biometric resident permits to foreign nationals staying in the UK for more than six months.
These documents, known in legislation as biometric immigration documents, are a significant development in combating illegal immigration and abuse of the immigration system through identity swapping. Recording fingerprints and photographs means that we can check against immigration and police fingerprint databases before permitting foreign nationals to stay in the UK. This leads to better decisions, because we can easily confirm and fix identity details or stop those who try to conceal an adverse history. Importantly, we can then securely tie the person’s details to the document that we issue as evidence of their right to be here. This makes it easier and more reliable for the UK Border Agency, employers and public authorities to confirm a migrant’s immigration status and entitlements in the UK.
The UK Border Agency is committed to helping employers and others who are required to check immigration status by simplifying and upgrading the documents it issues to foreign nationals. Secure biometric residence permits lend themselves to a one-stop check of immigration status, identity and the right to work, and provide the opportunity for fast and simple checking.
In addition to rationalising the documents that we issue in the UK, biometric permits lead to obvious benefits in standardising the format of documents issued across Europe. The UK opted into EU legislation—regulation EC 1030/2002, as amended by EC 380/2008—that determines the format of residence permits issued to non-European economic area nationals given permission to stay on in territories for more than six months. Aligning with these regulations ensures that we are not a weak link for immigration abuse.
This will be the fifth set of affirmative regulations made under the UK Borders Act 2007, which gave the Secretary of State powers to make regulations requiring foreign nationals who are subject to immigration control to apply for a biometric immigration document. We have made significant progress since the incremental roll-out of biometric permits began in September 2008, and will complete the in-country roll-out to new applicants before the EU deadline. The planned date for implementation is 29 February 2012.
Roll-out to overseas applicants coming to the UK for more than six months requires significant infrastructure and system changes. To ensure that the integrity and robustness of business-critical systems are maintained during the 2012 Olympic and Paralympic games, no major technical changes will be made during the accreditation period between 30 March 2012 and 8 November 2012. Therefore, in respect of that final stage of the roll-out of biometric permits to those granted permission overseas to come here for more than six months, we will return to Parliament with our plans, including policy proposals, after the accreditation period of the games.
We will continue to issue a sticker—a vignette—as evidence of leave to migrants who apply before 29 February and whose decisions are made before 1 December 2012. Any migrant who is granted leave of more than six months from this date will be required by the regulations to apply for a biometric residence permit if they have not done so already. This ensures that from this date the agency will issue only one format of document to non-EEA nationals who are here for more than six months.
More than 600,000 biometric residence permits have already been issued, and with increased volumes of biometric residence permits in circulation, this format of document is increasingly familiar to those checking them. Volumes will be significantly boosted by the completion of the roll-out for applications made in the UK, and that will enhance the benefits. Research with biometric residence permit holders has indicated that they find the permits effective and have confidence in them. Feedback informs us that they are well received by employers and service providers. Moreover, we are developing document-checking services to provide further reassurance, including implementing an automated checking service this year.
The requirement to provide fingerprints for comparison is extended to situations in which a biometric permit is presented for employment purposes. This is intended to give those conducting right-to-work checks the potential to verify fully that the person presenting the document is its rightful holder, and during 2012 we will trial technology to achieve that with a select number of external organisations.
The infrastructure for enrolling biometrics and issuing permits is embedded. Applicants typically receive their permits within a few days of being notified that their application has been successful.
Biometric enrolment provision is being substantially expanded to meet increased demand, and following a successful pilot with 17 Crown post offices, a contract has been awarded to Post Office Ltd to provide a network of more than 100 locations offering a walk-in service for the agency’s customers from spring this year.
The regulations introduce other minor amendments necessary to reflect the new categories being incorporated.
The regulations make it clear that where the person has made an application for recognition as a refugee or stateless person, or where they are in need of humanitarian protection, the sanctions imposed for non-compliance are limited. That is to ensure there is no conflict with the UK’s obligations under international conventions and domestic human rights legislation.
We remain satisfied that the biometric residence permit scheme complies with UK legislation on human rights and discrimination, and provides legitimate migrants with convenient evidence of their immigration status and right to work, as well as facilitating access to services. That is what the regulations seek to achieve, and I trust that hon. Members will support them.
4.36 pm
Chris Bryant (Rhondda) (Lab): Sir Roger, it is a delight to serve under your chairmanship, not least because you have been knighted. Some have greatness thrust upon them, although I have always thought it rather ironic that, on being knighted, people stop using their surnames and suddenly start using their Christian names. I feel much closer to you, Sir Roger, and I feel that a more personable relationship is developing now that you are no longer Mr Gale.
I am afraid I am going to disappoint any member of the public who might mistakenly have strayed into the Room thinking that there would be an interesting debate, because the Opposition completely and utterly agree with the Government—in large measure because they are completely and utterly agreeing with what we did in government. This set of proposals is very sensible, and I have just a few brief questions.
First, how many more permits does the Minister expect to be issued under these provisions? Secondly—this was in the 6 December written ministerial statement, some of which he read out—he said that proposals for the next stage will be brought forward for consideration by Parliament when the accreditation period for the Olympics and Paralympics has been completed. When does he expect the legislation to be brought forward? Does he need any primary legislation? I assume he needs only to introduce secondary legislation on the back of the previous legislation.
Finally, there is the cost of implementation overseas. How does the Minister anticipate that cost being met out of his budget? Otherwise, Sir Roger—to be intimate—I am glad to say that we wholeheartedly support the proposals.
4.38 pm
Damian Green: I am grateful to the hon. Gentleman for his support. As he shrewdly observes, the regulations stem from the UK Borders Act 2007, which was introduced
by the Labour Government of which he was such a distinguished member, so it is unsurprising that there is no difference between us. As I remember from having sat in his place over many years, my only objections to the original version of the regulations was that they were being used as a way of smuggling in identity cards for British nationals. Given that the first Act passed by this Government put an end to that very bad idea, I am happy to have the hon. Gentleman’s support.The hon. Gentleman asked some pertinent questions. Based on the 2010 published figures, about 250,000 residence permits a year will be issued in the new categories we have established. However, a reduction to about 200,000 a year could be expected, given the significant numbers of grants made on a discretionary basis in 2010. Most of those were to eliminate backlogs.
The hon. Gentleman asked about future legislation. I am happy to be able to reassure him that there is no need for primary legislation. The regulations will be a continuation of secondary legislation and we will proceed as soon as we can after the Olympics. The costs are still being examined, but, as he will be aware, approximately 40% of the total immigration system is funded through visa charges and other charges, many of which will be residence permits, as people tend to apply for other visas as well. Obviously, if they are coming from overseas, we will try, as much as we can, to roll up the cost in that.
I hope the hon. Gentleman and the Committee agree that recording this information is important as it enables the UK Border Agency to check against existing records to ensure that the person in question is not known to the police, and to establish a reliable link between the document and its holder. The document provides details about the holder’s right to be in the UK in a secure format that meets very high technical standards to safeguard against counterfeiting and falsification, and lends itself to automatic checking. As I have said, we have engaged with businesses and they have informed us that these permits make conducting checks on people’s right to work much easier. I commend the regulations to the House.