Borders, Citizenship and Immigration Bill [HL]

My Lords, the way in which this Government have persistently treated the fight against terrorism and the control of our borders as separate and unconnected issues is a failure of duty to the British people. This is the seventh piece of primary legislation since 1997 and, frankly, it is a ragbag. It will of course have to be replaced by the next Conservative Government with a much better-thought-out and comprehensive Bill, and I would urge the leadership of my party to start work on the provisions of such a Bill now. None the less, this Bill gives us the opportunity, within its scope, to put in place by amendment further urgent and important safeguards. I shall focus my remarks on one subject only: the use and abuse of passports. It is an issue which I have followed for several years, and indeed my noble friend Lady Anelay took a particular interest in it too when she spoke on home affairs matters from the Front Bench. I have given the Minister notice of a question I should like to put to him: what are the arguments for and against putting the Identity and Passport Service into the UK Border Agency? I am grateful to the Minister for his prompt responses to a number of Questions for Written Answer I have tabled recently which have given me ex-cathedra facts with which to support my case. I start from the simple premise that the Government have constantly told us that we are at war with terrorism and that our troops are fighting in Afghanistan to prevent terrorism coming to Britain. It is hugely more costly, in lives and in pounds, to fight terrorism by military means abroad than by efficient border control at home. From this it follows that the Government have an obligation to ensure that our troops abroad are backed by measures at home that minimise the risks of such terrorism entering this country. Indeed, this is an obligation similar to that which they have to ensure that our troops are properly equipped overseas, but that is a matter for debate on another day. Special risks arise from the opportunities for unmonitored travel by certain UK passport holders who may have been groomed as terrorists in Britain and then sent abroad for terrorist training. I am, of course, thinking of dual passport holders, would-be jihadists, who might then use their dual passports to travel to madrassahs and training camps in countries such as Pakistan. This matter was vividly referred to by the noble Baroness, Lady Falkner, on 15 December. As I shall demonstrate, her concerns and mine are not dealt with by reference to the e-borders system, which will not cover even 60 per cent of passenger and crew movements by the end of this year and will not reach 95 per cent until December 2010—and that assumes no glitches in the installation of this large computer project. There is something wildly disproportionate in the massive resources which have been directed to ID cards for all when the long-standing passport control system remains so inadequate. In a letter to me on 22 January, the Leader of the House explained: "““There is nothing in the British Nationality Act 1981 or any of its predecessors to prevent a person with British nationality holding another nationality””." I do not believe that, even in a situation where the Government remind us on the screen each day that terrorism is at a severe level, it is necessary or desirable to ban dual nationality. But I do believe that it is essential that the Government as a whole should be fully aware of every detail of the holding and use of dual passports, and, indeed, of dual nationality. The first fact that astonished me was that the Government do not know how many UK passport holders hold the passport of another country. They should at once establish a database so that they do know. The Minister told me: "““Although applicants for British passports are asked for details of any other passport held at the time of application, any system of recording passports obtained or renewed during the validity of a UK passport would be costly and difficult to enforce where a person with dual nationality chose not to notify the acquisition of a passport in their other nationality””.—[Official Report, 9/2/09; col. WA167.]" We should amend this Bill to make it compulsory that any applicant for a UK passport discloses the possession or subsequent acquisition of a foreign passport. A failure to comply would have a simple penalty: the immediate cancellation and withdrawal of the UK passport. As the noble Baroness, Lady Royall, explained in her letter: "““British passports are issued at the discretion of the Secretary of State under the Royal Prerogative””." Are there any limitations on the use of the prerogative in relation to passports? We all remember that Queen Elizabeth I said, ““My dogs wear my collars””. She was, of course, referring to decorations, but I am sure that she would have taken the same view of passports if they had existed. At present, the electronic reading of passports at border points does not reveal the details of other passports held, even when they are known to the passport service. It should. I propose, therefore, that details of any other non-British passport held should be entered in the UK passport of the holder. I also propose that all immigration and other appropriate authorities be authorised to demand sight of any other passport held. That would help them to check the movements of dual passport holders. There are other matters relating to passports that need attention. At present there is no enforceable obligation on the executors of a deceased person to return a UK passport to the authorities for cancellation. The result is that the street value of an unexpired dead person’s passport is higher than that of a stolen passport because there is no record at the passport agency of the death. We need to ensure that all deaths are notified by the Registrar General to the Passport Agency. Similarly, those serving custodial sentences should be notified to the Passport Agency so that a temporary stop can be put on the validity of any passport that they may hold while they are in prison. There should be a realistic fee to cover the total cost of the very careful checks that should be made on the application of someone for the replacement of a lost or stolen passport. I have raised this in the past, and the Home Office reply has been that it would be unfair on those of limited means. That, of course, is nonsense; the loss of a passport is an insurable risk like any other property, and I doubt whether it would even mean an increase in the premiums. The replacement fee should be even higher for a second or subsequent loss of a passport. Another important aspect of dual nationality is the obligation to, or indeed the possibility of, a British citizen serving in, and indeed fighting as a member of, or for, the Armed Forces of another state. It is interesting that this was raised in the House as recently as 26 January by the noble Lord, Lord Ahmed, in relation to service in the Israel Defence Forces. The noble Lord, Lord Malloch-Brown, declared, "““This has raised important issues, and we need to look at them””.—[Official Report, 26/1/09; col. 9.]" What progress are the Government making with that ““look””? The Minister told me this week: "““There are no restrictions in law in the United Kingdom to prevent British nationals serving in the Armed Forces of other countries””.—[Official Report, 9/2/09; col. WA 168.]" There should be, and this issue should be debated. One point should be corrected at once. To my surprise, the noble Baroness, Lady Taylor, told me this week, in relation to serving members of the Armed Forces: "““Personnel have an obligation at the recruitment stage to inform the recruiting office that they hold dual nationality status, but if they hold a British passport they are not normally required to reveal the country of origin of their non-British passport””.—[Official Report, 9/2/09; col. WA 167.]" I find this incredible. Not only should they be required to do so but they should make available for inspection any other passport that they hold. There may be other matters in connection with passports that I shall seek to raise in Committee. I am aware that the Home Office is not receptive to outside advice; however, I know that the Minister does not share that view, and I hope that I may be able to assist the Government in improving the Bill. The first obligation on any Government is to protect the realm, and border control is a central part of that obligation. Let the noble—and, in my book, gallant—Lord, Lord West, focus all his efforts on it in the months that remain for this Government.