My Lords, I have asked that these regulations be brought to the attention of the House to highlight what appears not to be an isolated incident of the courts ruling against the Government, requiring the Government to change the law, and the Government not complying fully with the court’s findings. In such circumstances, the only course of action is for a further case to be brought against the Government in the courts to rectify the situation, which clearly costs both time and money and needs non-governmental organisations or philanthropists to bring such an action. Such contempt for the courts should be drawn to the attention of the House, hence this Motion.
Liberal Democrats opposed the immigration exemption when we debated the Data Protection Act in 2018. The Government sought to exempt data controllers and let them bypass and restrict fundamental data rights if officials believed compliance with data protection law was prejudicial to the maintenance of effective immigration control through what has become known as the immigration exemption. This could be used by the Home Office to withhold information from those applying for leave to remain in the UK, for example, hampering their ability to challenge Home Office decisions to withhold permission.
The Court of Appeal decided the immigration exemption contained inadequate safeguards to protect individual data subject rights and was therefore incompatible with the UK GDPR. This SI is an attempt to comply with the judgment. Legal minds greater than mine say that this statutory instrument does not bring legislation into line with the Court of Appeal judgment. The court said greater safeguards needed to be incorporated into legislation and not just placed in guidance, but that is exactly what this SI proposes to do. The court said legislation needed to be clear and precise; not simply the withholding of information which is in the interests of immigration control. The court said the consequences of the law must be foreseeable to those it is likely to affect, unlike this SI that relies on guidance that can be changed at any time, without notice and without parliamentary scrutiny.
I understand the Home Office has been distracted—have not we all?—by the Police, Crime, Sentencing and Courts Bill and the Nationality and Borders Bill. The Minister will no doubt agree with me that we need this Motion like a hole in the head, but we will not allow the totally unreasonable tabling of government business to prevent us from bringing matters to the attention of the House when we believe the Government are not complying with the orders of a court. I beg to move.
7.45 pm