UK Borders Bill

moved Amendment No. 69: 69: Before Clause 56, insert the following new Clause— ““Report on overseas marriage and civil partnership visas The Secretary of State shall lay a report before both Houses of Parliament within one year of the coming into force of this Act on the desirability of— (a) raising the age limit for marriage visas and civil partnership visas; (b) the introduction of a requirement for spouses to have a basic knowledge of English; and (c) the development of a code of conduct for entry clearance officers and Home Office officials.”” The noble Lord said: This amendment, tabled in the names of my noble friends Lady Anelay and Lord Bridgeman, addresses the issue of whether or not marriage visa restrictions should be tightened, and if so, how. It requires the Secretary of State to produce a report setting out, first, the arguments for and against raising the minimum age limit for marriage visas and civil partnership visas; secondly, the merit of introducing a requirement for spouses to have a basic knowledge of the English language; and, thirdly, details of the development of a code of conduct for entry clearance officers and Home Office officials. Any United Kingdom citizen can bring in a spouse from another country as long as both the spouse and the sponsor are aged over 18. In 2005, 41,560 fiancés and spouses came to this country—an increase of 26 per cent on 2000 when the total was 32,950. It is a significant increase and one wonders why that has happened. Spouses come to the UK on a visa which allows them to remain for two years prior to applying for settlement. We have considerable concern about the vulnerability and welfare of young women, often from rural backgrounds with no command of English, who are brought into the UK and cannot play a full part in British society. We believe that they need better protection. It has also been argued that this process can hold back integration for a further generation as children are born into households where English is not spoken by the mother. I believe that the Government share these concerns because they have increased the lower age limit for marriage partners from 16 to 18 and have said that they will consult on raising it further, although at the moment there is little sign of that consultation taking place. I understand that raising the minimum age for a spouse and their sponsor from 18 to 21 years would not require primary legislation, but could be done simply by changing the Immigration Rules. Perhaps the Minister would like to confirm that that is the case. Can he also tell us what consultation, if any, the Government have carried out on raising the minimum age, with what results, and when it is to be put before Parliament? Article 8 of the European Convention on Human Rights covers the issue of marriage by stating that: "““Everyone has the right to respect for his private and family life””." Article 12 then confirms the right to marry. However, as no doubt the noble Lord will be aware, states have a wide margin of appreciation under Article 8, and immigration control has consistently been held by the ECHR to relate to the preservation of the economic well-being of the country, the prevention of disorder and crime, the protection of health and morals, and the protection of the rights and freedoms of others. The measure must nevertheless be necessary and proportionate to such an aim, and we would certainly argue that proposals to tighten up the marriage visa restrictions are both necessary and proportionate to such an aim. I also note that the Court of Appeal recently made a decision that appears to be directly relevant to the debate. I refer the Minister to the case of Crown against the Secretary of State for Home Affairs on behalf of Baiai and others, which was reported in the Times on 26 June. The Court of Appeal held that the statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the UK illegally contravened Articles 12 and 14 of the European convention guaranteeing the right to marry and prohibiting discrimination on grounds of nationality or religion. What impact has that judgment had on the power of the Home Secretary to persist with the scheme that requires permission for marriage, especially in the light of the judgment of Lord Justice Buxton that, in the light of convention jurisprudence, the Home Secretary could interfere with the exercise of Article 12 rights only in cases that involved, or very likely involved, sham marriages entered into with the object of improving the immigration status of one of the parties? My amendment is tabled as a probing amendment for three reasons: to probe the Government's current intentions on the matter, to ask the Government to explain what procedures they intend to put in place as a consequence of the Court of Appeal decision, and because the provisions of the amendment form part of the process of consultation that we have embarked on about the proposals. I beg to move.