UK Borders Bill

This one always comes around. I remember a brief that I had five years ago. It was one of those occasions on which the Leader gives you the good news that you have a fascinating new brief—home affairs. The other news is that the first Bill is in 10 days and it is an immigration Bill. That was the 2002 Bill. I admit to the noble Lord, Lord Hylton, that when I saw similar government drafting in that Bill, I tabled a series of amendments on exactly the same lines as his. I was not trying to be helpful at all to the Government. I did not see this at all as a matter of linguistics or drafting, but as a way of trying to ensure that there was a much tighter way of looking at the whole procedure and holding the Secretary of State to account. It is often very healthy to ensure that, if the Secretary of State takes powers to himself, it is a matter not of what he thinks but of being satisfied so that he provides evidence. I know that we have had this argument for the past five years and that we will keep returning to it. I am sure that the Government, like all Governments, want drafting that removes so far as possible any possible element of legal challenge to the action taken by the Secretary of State. I am grateful to all noble Lords who have taken part in the debate, but I am particularly grateful to the noble Lords, Lord Avebury and Lord Dholakia, who have tried to assist the Government to reconcile two statements. I am glad that they did, because that was the absolute intention behind my Amendment No. 15. I became extremely confused when the Minister talked about the way in which the identity card would supersede the BID, because I am not sure that this is a matter of language. It could be a substantive difference in process, and I do not think that the Government mean it to be. My understanding is that combining documents means that the two documents are different and are put together. The Minister explained initially that there would be one document—the BID—which would be discarded later and superseded. If one document is superseded, the first is discarded. New technology comes in and we have the biometric immigration document. However, that is not what the Bill seems to provide. We need to look again at that, although I will not rehearse the arguments that we have already had. There is certainly confusion in my mind. It may simply be that there is misunderstanding on this side of the Committee, but I suspect that there is not. I suspect that we may simply need to consider better drafting, or perhaps the Government will pursue a process of rolling out ID cards to which some may object. The noble Lord, Lord Avebury, and I may find ourselves on different sides of the argument at that stage. I may support the Government in the way in which they want to roll out identity documents for those who are subject to immigration control. Whatever our view, however, we need to know what the process is and whether it will be effective and proportionate. I am grateful to the Minister. As I said, I will consider the Government’s responses to my Amendments Nos. 16 and 17. Having heard the Minister today, I think that we will be satisfied, although I cannot give that assurance. I am sure that I will have to come back on Report on Amendment No. 15, but I look forward to receiving any further information between now and then. I beg leave to withdraw the amendment. Amendment, by leave, withdrawn.