UK Borders Bill

I am grateful to noble Lords for their contributions to a lively and stimulating debate. I well understand the concerns that have been expressed. Naturally, the Government have carefully studied the JCHR report on the Bill. I offer the assurance that the Government are clear that neither the biometric immigration document nor its implementation should give rise to de facto racial profiling. An amendment was made to the Bill in another place that there would be no requirement for the biometric immigration document to be carried at all times. On implementation, Clause 5(2)(a) is designed to enable the biometric immigration document to be rolled out incrementally. If we were to accept Amendment No. 14, the Government would have to introduce the biometric immigration document to all third country nationals more or less simultaneously. We do not think that would be very workable. The purpose of an incremental roll-out is to avoid having a very large number of individuals applying for a biometric immigration document within a specific time frame. Perhaps I can outline briefly how we intend to conduct that incremental roll-out. In order to ensure that these documents have the optimum chance of success and to best help those subject to their registration, I am sure noble Lords will accept that we need to manage the roll-out with some care. It is best achieved by a gradual and systematic implementation in accordance with a set of rational criteria. First off, it would be best to include students from outside the EU, those seeking to settle in the United Kingdom having completed a five-year qualifying period, those applying to extend their work permits, and those seeking leave to remain on the basis of marriage to a UK citizen. In addition, it is important to appreciate that rolling out the biometric immigration document incrementally should minimise the burden placed on organisations that may be required to use it. We do not wish to jeopardise the success of the document when its value to border control and employers alike is very clear. It is therefore our intention from 2008 to roll out progressively biometric documents to qualifying foreign nationals subject to immigration control who are already in the United Kingdom and reapplying to stay here. This will allow us to trial the biometric recording and card production processes. These will need to be thoroughly tested to ensure that a robust and reliable system is in place, and it is then our ambition to cover by 2011 all new in-country applications for permission to stay in the United Kingdom. I can assure noble Lords that the roll-out will be undertaken on a rational basis in accordance with existing discrimination laws and the European Convention on Human Rights. To do otherwise would be unlawful and we would be rightly subject to challenge. I was interested in the suggestion of the noble Lord, Lord Avebury, that we should have an independent monitor. I am sorry that he did not volunteer a name from the Liberal Democrat Benches because they seem to be rich in individuals who like undertaking that sort of work, and we greatly respect the political tradition of which that is a part. There is to be a chief inspector of the BIA, which will be created by this Bill. The responsibilities of the chief inspector will cover the need to monitor and report on several matters, including compliance with the law on discrimination. Rather than cause confusion by creating yet another position to undertake matters of compliance in that regard, it is probably best to leave that provision as it is. The noble Lord, Lord Dholakia, challenged me to say whether we had consulted with the CRE. I would be extremely surprised if we have not done so, but I will check on this and ensure that the organisation or its successor body, the Equality Commission, is fully apprised of these parts of the legislation.