UK Borders Bill

moved Amendment No. 20A: 20A: Clause 5, page 4, line 38, at end insert— ““( ) The Secretary of State may issue a code of practice relating to the issuing of biometric immigration documents by UK Visas providing— (a) the maximum processing times and maximum costs for biometric immigration documents; (b) the minimum level of service that visa applicants could expect from UK Visas and their partners; and (c) any other guidance that he deems appropriate.”” The noble Lord said: The current plan is that a person who wants to enter the UK from outside the EEA area even for a couple of days will require a biometric visa, as we discussed earlier. However, if a person wants to stay here for six months or less, they will not have to apply for a BID, at any rate initially. The Minister in another place said that there had been debates about whether that period should be reduced to three months, but so far as I know, those discussions have taken place behind closed doors in the Home Office and not in either House of Parliament. We would like to know what the arguments are for reducing the period from six to three months and we would like to be given a chance to join the discussion. The vast majority of ordinary tourists come here for three months or less, so it would be hugely expensive to force them all to get BIDs unless the Government are planning to make the holders pay for them, which might be something of a damper on the tourist market. This is the first occasion on which I have had to ask the question: is there any suggestion that persons applying for BIDs will be charged, and will the charging regime be what it has been in some other cases recently, where the Government have been putting up the fees; that is, charging a sum that recovers more than the total cost of providing the service? What is the estimated cost of the document and how exactly is it to be paid for? Also, where has the discussion about three months or six months got to? Does the Minister agree that when we reach the Report stage, we should add words to Clause 5 to provide that no one who is given leave to enter the UK for six months or less will be asked to apply for a BID? Rather, if it is necessary, the Secretary of State could, by order subject to the approval of Parliament, require the period to be reduced from six months to three. The Minister, Mr Byrne, also said in the Public Bill Committee that UKvisas would not issue BIDs because they were only for long-term entrants. That is a non sequitur. There are several categories for which initial leave to enter may be for longer than six months and for which it might make sense for UKvisas to do the job. Although its performance has been abysmal, the latest report by the UK entry certificate monitor shows that it has been making improvements. It would make sense for UK monitors to issue BIDs for investors, persons wanting to establish a business, innovators, writers, composers or artists, who can be initially admitted for two years, so that the BIDs could be issued together with their visa in their country of origin. Other categories for which that would be appropriate are retired persons of independent means and—the largest category of all—students coming to attend courses at our universities, who are given leave to enter for more than the six months that we discussed earlier. Like the other medium-term entrants mentioned, they will all have to be fingerprinted for their biometric visa. Polishing off the BID at the same time would save trouble and expense. Universities are already voicing concern about the UK becoming less competitive, and we should be doing everything possible to reduce the bureaucracy faced by overseas students, which can be a strong deterrent. I entirely agree with what my honourable friend the Member for Rochdale said about the past performance of UKvisas. Maybe the answer would be to allow the Secretary of State to make regulations requiring UKvisas to accept applications for BIDs for categories to be determined by order. I am trying to be helpful and to reduce the work required to issue the BIDs. I hope that the Minister will find this a useful suggestion. I do not expect an immediate answer, but I hope that, in the course of our proceedings, he will be able to discuss it with his officials and let me have his views. I beg to move.