Immigration (Registration Card) Order 2008

rose to move, That the draft order laid before the House on 5 March be approved. The noble Lord said: My Lords, Section 26A(3) of the Immigration Act 1971 introduced criminal offences relating to falsifying or amending registration cards issued in connection with asylum claims. Today, in an effort to ensure consistency, we are seeking to introduce the Immigration (Registration Card) Order. The order is intended to ensure that the criminal offences contained in Section 26A(3) apply to the misuse of cards issued to failed asylum seekers supported under Section 4 of the Immigration and Asylum Act 1999, as well as to asylum seekers supported under Section 95 of the Act. The offences currently apply to cards issued by the Secretary of State to a person in connection with a claim for asylum, but not to cards issued by the Secretary of State to a person in connection with a claim for support under Section 4. This support is intended to be limited and temporary, for people who are expected to leave the United Kingdom but are unable to do so through no fault of their own because of a temporary barrier. The UK Border Agency issues all asylum applicants and their dependants with an application registration card—an ARC—in connection with their asylum claim. The application registration card contains an applicant’s personal details, including the name that they have given to the UK Border Agency and a photograph. The ARC serves a number of purposes. In particular, it is produced on reporting and when collecting asylum support at a post office. It is a valuable weapon against the fraudulent collection of support, ensuring that only those eligible receive it. In limited circumstances, failed asylum seekers and their dependants may be eligible for support, under Section 4(2) and 4(3) respectively, provided that they are destitute and meet the eligibility criteria. Under Section 4(1), the Secretary of State can also support persons who have been temporarily admitted, released from detention or released on immigration bail. Currently, those applying for support under Section 4 may not have an ARC. The card may have been mislaid, or it may have been retained by an immigration official because the details on the card are no longer accurate or because misuse has been suspected. Furthermore, individuals applying for support under Section 4 may not have an ARC because the original asylum claim predated the issue of application registration cards. It is clear that, by not having a uniform photo ID check for identity confirmation on collection of support, the potential for abuse of the Section 4 support regime is increased. The use of an ARC will also support identity checks at reporting events for individuals at the end of the process. We intend to revoke the existing Immigration and Asylum (Provision of Accommodation to Failed Asylum Seekers) Regulations 2005 covering Section 4 support and to lay new regulations by the end of 2008. It will be a condition of the continued provision of accommodation for the failed asylum seeker that they attend an appointment in connection with the issuing of an application registration card and comply with a requirement to produce the application registration card. The UK Border Agency will arrange for ARCs to be issued to all those applying for, or currently in receipt of, support under Section 4 if they do not already have one. The power to issue a registration card is administrative and does not depend on this order. The order purely extends the definition of ““registration card”” so that the offences apply to cards issued by the Secretary of State to persons in connection with a claim for Section 4 support. It is important to ensure that the existing criminal offences extend to all ARCs. To do otherwise would create an unnecessary anomaly and possible opportunities for criminal activity. Extending the definition of ““registration card”” will enable criminal offences relating to abuse or misuse of registration cards to apply to any cards issued to a person in connection with a claim for asylum, and to cards issued to a person in connection with a claim for support under Section 4. The offences include: making a false registration card; altering a registration card with intent to deceive; possessing a false or altered registration card without reasonable excuse; using or attempting to use a false registration card or an altered registration card with intent to deceive; making an article designed to be used in making false registration cards or in altering registration cards; and possessing such an article without reasonable excuse. The offences can be tried either in the Crown Court or magistrates’ court. They carry a maximum penalty of 10 years or a fine on indictment, or six months or a £5,000 fine summarily, save for the possession offences, which carry a maximum penalty of two years on indictment. In 2006, the last year for which we have published data, there were 34 prosecutions for these offences, resulting in 21 convictions. This demonstrates the importance of these provisions in maintaining the integrity of the immigration system. That is what the order seeks to achieve. I beg to move. Moved, That the draft order laid before the House on 5 March be approved. 13th Report from the Joint Committee on Statutory Instruments.—(Lord Bassam of Brighton.)