UK Borders Bill

I will let noble Lords opposite think about what the noble Lord, Lord Avebury, said and ponder on the point he left with Members of the Committee to consider. I am grateful to the noble Lord, Lord Henley, for his contribution because it enables the Government to set out their view on the subject. I am sure that noble Lords will not require me to remind them, but I shall do so for form’s sake. The Government produced our strategy, Securing the UK Border, which was published in March this year. On page 13 we said that we would consult on three proposals—the very ones that have been chosen, very wisely, for this amendment, although I see that our code of practice has transmogrified into a code of conduct. We then consider what changes may be necessary as a consequence of our deliberations on these ideas. We are very close to finishing our preparations to consult on this matter, although I should inform noble Lords that we are not considering including the possibility of requiring spouses to have a basic knowledge of English in this package of measures for consultation and discussion. That is because it would take us further than targeting the complex, but, none the less, distressing practice known as forced marriage. The other proposals are designed to help to equip young people born in this country to avoid situations of coercion and pressure where forced marriage is the consequence. The other proposal for a basic knowledge of English is a requirement aimed at partners and prospective partners who are overseas and before entry. It seeks to establish that they have skills to participate fully in the economic and social sense, and we feel that it belongs to considerations about integration and long-term employment prospects, which are much wider than preventing forced marriage. Therefore, it is not being included in the consultation on visas for marriage. Members of the Committee, and many others, will be fully informed of the outcome of our work on forced marriage, and of our further work on long-term participation in life in the UK. The noble Lord, Lord Henley, rightly asked for further information about consultation. The noble Lord, Lord Avebury, quite understandably, was also very concerned about that. We intend to publish a consultation document for the traditional three-month period of consultation after the Recess. It will obviously reflect the comments made thus far on our strategy document. The noble Lord, Lord Henley, asked what impact the Baiai case had on the scheme for requiring permission to marry. It is correct that the Court of Appeal found that the way we operate the scheme is incompatible with Article 12. We are petitioning the House of Lords for leave to appeal. In the mean time we can continue to operate the scheme and still require those subject to immigration control to seek permission, but cannot refuse to grant permission without investigating whether the marriage is genuine. If we find that the marriage is a sham, we can still refuse permission. That is the position. Depending on the outcome of our petition to the House of Lords, we are considering what further action to take in relation to the scheme. The noble Lord, Lord Avebury, referred to the issue of the age limit. His comments on the subject were interesting, although I am not entirely sure I agree with him. I think there is some benefit. As I have explained, we intend to consult on these issues, and no doubt that will inform our discussions later in the year. Having advised the Committee of where we are at, I hope noble Lords will feel able to withdraw their amendment.