Identity Cards Bill

My noble friends Lady Turner and Lord Lea have identified an issue of concern. I fully understand why they have that concern. Before compulsory registration is introduced, the position of those foreign nationals here illegally, especially those who are in settled employment and have resided here for a period of time, should be considered sympathetically. I understand why they say that. Undoubtedly, this is one of the areas that would be looked at before compulsion is introduced. Nevertheless, it is right to remind Members of the Committee that the Immigration Rules already allow people who have been here lawfully for 10 years, or unlawfully for 14 years, to seek indefinite leave to remain. So, if the move to compulsion brought to notice people who had been here for a considerable period, those who had been here for 10 or 14 years in the categories that I have mentioned, could already apply for settlement here under the Immigration Rules. As we have just discussed, it is likely to be a number of years before the compulsion provisions are introduced. So I would hope that no one here illegally will wait that long in the hope that his or her stay will be regularised. Anyone who wants to work or reside in this country should seek to do so now under the Immigration Rules. Members of the Committee will know that we have tried to make it as easy and as straightforward for those who have a legitimate basis to be in this country to do so under the rules that we have now provided. I understand my noble friend’s concern and I am sure that he will understand that it would be wrong to promise any blanket amnesty. I hope that I can further reassure my noble friend. The introduction of a general requirement to register and obtain an identity card is for the future once the initial rollout of the identity card scheme is complete. However, I am confident that the government of the day will give sympathetic consideration to the cases of any person or people who did not quite benefit from these existing long residence provisions, but whose time here was such that it would be wrong to expect their departure from the United Kingdom to be enforced. I agree with my noble friend Lord Lea that it is right to be ready to look at such cases if and when they arise, but I do not think that it would be right to include a commitment to do so in this legislation. I acknowledge the support that the noble Lord, Lord Crickhowell, gives to this measure. I see the force of what was said. There is a risk that accepting my noble friend’s amendment would imply that special treatment will be accorded to illegal immigrants. There will also be a risk of uncertainty that this Government are serious about the aim of controlling immigration. One of the key purposes of the scheme is immigration enforcement, and this would be undermined. Not only that, but I fear that there is a risk that accepting this amendment might even be seen—I know that this is not what my noble friend seeks—as encouraging people to overstay their leave to remain by offering a prospect of regularisation in the future. It would not be right to do that. Identity cards are intended to reduce the pull factor by making it harder for people to live here illegally, not to imply that we will be bound to regularise the position of people here illegally when identity cards become compulsory. I reiterate to my noble friends and the noble Lord, Lord Crickhowell, that we recognise their concerns. But, having voiced them, I would ask him to withdraw his amendment.