UK Borders Bill

I am grateful to the noble Lord for explaining the thinking behind his amendment. The expert evidence point is beyond my reflection, although perhaps it could be taken up through the usual channels. It would be novel; but it is not a bad idea for being novel. I always like to think that we can innovate. Whether it would be appropriate for all legislation is an open question. I can see some of the arguments that the noble Lord is making and their relevance. I shall try to explain why Clause 5(1)(b)(ii) and (iii) are integral to how the biometric immigration document works, and therefore why the Government are resisting the amendment. It is perhaps worth briefly reminding your Lordships of the rationale for the introduction of biometric immigration documents. Currently, foreign nationals in this country can proffer any of around 60 types of document as evidence of their entitlement to be here, to work or to receive benefits. It would be accepted that a system with so many forms of verification is prone to abuse, and it is very difficult for those examining documents to know whether they are genuine or a forgery, or whether the person presenting them is part of a scam. Over the coming years, therefore, we intend to phase out the use of old style immigration documents and endorsements and replace them with the biometric immigration document, which will serve as the document which authorises the holder to enter or remain in the United Kingdom. It will be the way in which the United Kingdom will comply with a forthcoming European regulation that will require the UK to issue a biometric document when leave is granted. As the Bill states, we intend that the biometric immigration document should be used for specified immigration purposes, in connection with specified immigration procedures and in specified circumstances, where a question arises about a person’s status in relation to their nationality or immigration. The types of immigration procedures and circumstances relating to nationality or immigration that the Secretary of State intends to specify will be set out in regulations and will be subject to the affirmative procedure. That seems to be the right way to proceed, because it provides for that secondary level of scrutiny and accountability. Clause 5(1)(b)(ii) makes it clear that regulations can require the use of the document in the course of an immigration-related procedure. Accepting the amendment could mean that regulations could not require the holder of the document to produce the document in connection with certain immigration procedures. That could include the procedures that apply and which he must follow when the holder arrives at a port in the United Kingdom to show an immigration officer that he is entitled to enter the United Kingdom, or when a person applies to vary their leave. To avoid any suggestion that a person cannot be required to use the document as part of an immigration procedure, Clause 5(1)(b)(ii) is essential. Amendment No. 13B would mean that regulations could not require a holder of a biometric immigration document to produce the document in specified circumstances when a question arises about their nationality or immigration status. That could mean that we would not be able to require the holder of a biometric immigration document to produce it to a prospective employer as evidence of eligibility to work, nor could regulations require the holder to produce it when accessing public services where immigration status is a relevant consideration to their entitlement. As the project is rolled out, initial immigration uses will be where a person arrives at a port in the UK to demonstrate reliably their immigration status, or where a person applies to vary their leave to remain. As I have explained already, the biometric document will be used to establish whether a person is entitled to work. I hope that covers the points that the noble Lord has made, but if not I will study carefully what he said and provide more background information, if that assists.