UK Borders Bill

My Lords, I understand the background to the amendment and know that it arose from concern about the scale of increases to certain fees charged from April. Sufficient safeguards already exist in the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, which is amended by the clause. It requires the instrument that sets fees above cost-recovery level to be agreed through the affirmative process in both Houses. Before the statutory instrument that sets the fees is made, the Secretary of State is required to consult such persons as she deems appropriate. As the noble Lord, Lord Avebury, said, the consultation has been extensive. We held some 13 or 14 stakeholder meetings to underpin it. The Act also requires that fees set above normal cost-recovery levels should reflect the benefits to applicants after a successful application. That is not an unreasonable criterion and it is right that we incorporate it in the Bill. It is important that the Secretary of State’s discretion, with the approval of Parliament, to set the fees at the appropriate level to recover the costs of a service provided should not be fettered by a limit on the percentage increase to a fee. There are a number of instances where an increase above inflation may be appropriate; for example, to correct an anomaly in the charging structure or, perhaps more importantly, to reflect wider policy changes affecting the benefits and entitlements offered through a successful application. Whom did we consult? Migrants who might qualify for settlement are a disparate group with no key representative bodies with which we can engage in the same way as, for example, in the education sector. We recognise that that presents difficulties in ensuring that key policy changes are communicated effectively and in good time. We are exploring how we might do this differently in future. The consultation document was freely available on the BIA website and the UKvisas website, and we welcome responses from members of the public as well as stakeholder groups. As for how new fees compare with other countries, international comparisons of migration systems and fees are complex—I think that most noble Lords would accept that—and do not always readily read over huge differences in the benefits to successful applicants. We believe that our fees compare very favourably; the entitlements that we grant with our various services are highly valued and, I would argue, bear any international comparison. Direct comparisons of price where that is the case can be difficult, because we cannot easily compare like with like. End-to-end migration costs vary considerably in all comparative economies and are usually dependent on the particular circumstances of the applicant, such as their current location, category of stay and relationship to the settled person. Visas can be for different lengths of time, allow more than one visit, confer particular entitlements to work or bring in dependants. So we believe that it is right to charge those who directly benefit from our services, but that we can also do so and keep the UK competitive as a destination for those whom we wish to attract. For all those reasons, I cannot accept the amendment.