Immigration (Restrictions on Employment and Residential Accommodation) (Prescribed Requirements and Codes of Practice) and Licensing Act 2003 (Personal and Premises Licences) (Forms), etc., Regulations 2022 — House of Lords, 2022-06-07
Topic: Immigration
Jonathan Oates (Liberal Democrats, Centre to centre-left): My Lords, I welcome the noble Earl, Lord Clancarty, moving this regret Motion. I thank him for his kind comments and I reciprocate Although I welcome us discussing the regret Motion, I regret that we are returning to the issue of digital-only proof of status—not because the Home Office is showing any willingness to listen to those affected, to understand the problems it is causing them or to empathise with the deep anxieties they are suffering as a result, but because it has determined to ignore all the warnings it is given and all the actual cases of hardship that have been reported to it. Far from sensibly conceding that physical proof should accompany digital proof of status, it has decided to extend the imposition of digital-only from holders of EU settled and pre-settled status to almost everybody else. Huge numbers of people will recently have discovered that their biometric residence cards, biometric residence permits and frontier worker permits have been rendered invalid for the purpose of proving status to landlords and employers since 6 April this year, even if the validity of their card had years to run These measures do not apply to British and Irish citizens, who will be able to prove their status digitally by having their identity documents validated by an identity validation technology service provider and will retain physical documents as an option when digital proof does not work. Of course, they have the right to vote in general elections—I wonder whether that was a consideration of the Home Office In advance of digital-only proof of status being imposed, Members of this House warned repeatedly about the sort of problems it would cause. The Home Office ignored those warnings. Now that these problems are manifesting themselves in hardship cases, the Home Office is ignoring them too. As the noble Earl, Lord Clancarty, pointed out, the Explanatory Memorandum states: "There is … no significant … impact on charities or voluntary bodies" and "no significant … impact on the public sector." It says absolutely nothing about the individuals who have to operate that system, which tells you everything you need to know about the Home Office’s approach. The arguments for providing physical proof alongside digital proof have been aired extensively in this House on previous occasions, including during the passage of the immigration and social security co-ordination Act, when your Lordships gave overwhelming support to an amendment to that effect Credible government arguments were entirely elusive and, as the noble Earl has already mentioned, the Government’s pilot scheme expressly warned against a digital-only system. So not only do the Government lack credible arguments but there is the question of equity, which was also raised by the noble Earl. By denying physical proof of status to EU citizens and others, we are denying something which is available to all our citizens in the European Union by right I shall not rehearse all the arguments we have been through, but I want to highlight to the House some of the impacts that are being felt by those who have digital-only status imposed on them. In doing so, I acknowledge the excellent work of the3million, the Anti Trafficking and Labour Exploitation Unit, City Hearts and the Snowdrop Project in keeping us informed on these matters. They have reported a series of problems and distress, with the "view and prove" system throwing up multiple errors, such as, "You are already logged in", "The details don’t match our records", "Service currently unavailable" and, most chillingly, "We can’t find your status." There are problems when updating status because, for example, the person has a new passport. There are problems accessing mortgages and loans and problems when trying to return home to the United Kingdom. One of the3million’s staff recounted this experience recently. She said, "I was denied boarding in Palma de Mallorca because I have a Romanian passport and I’m going back to the UK, where I have lived for the last 12 years. They asked for additional photo ID, which they said would prove I have an immigration status in the UK." It was only because she was a staff member of the3million that she knew her rights and was able to board. Pity the person who did not know all the details There are problems accessing employment. The Snowdrop Project reports a client who got a job as a care assistant. Having passed DBS checks and references, her employer asked for a share code. She went to the Home Office site, but every time she tried it, it said it could not find her details. Eventually she managed to speak to someone at the Home Office who confirmed that the issue was on its side. The issue was still unresolved weeks afterwards. This has meant a month of no pay while waiting for the job to start and not knowing when the issue will be resolved, and one less carer in an already overstretched care system. Do the Government have any understanding of how distressing these sorts of incidents are to the people concerned? Will Ministers at least try to walk a little distance in the shoes of others and to understand the impact this policy is having There is not time today to list the many case studies and examples provided by the organisations I have mentioned, but the Government can read their briefing materials as well as I can. I hope the Minister will do so and will react with compassion and understanding and do something to deal with the situation. All this is avoidable if the Home Office would move on the issue which is causing such evident problems. As the noble Earl mentioned, the3million has made a proposal which could work along the lines of the Covid passes in our NHS app. That app gives us confidence and means that when there is a problem with the digital service we have a back-up. Sadly, when this idea was put in a comprehensive manner to the Home Office it put its hands over its ears once again and rejected it without properly discussing it with those who proposed it At the time of the Windrush scandal the Home Office commissioned the Windrush Lessons Learned Review. It had this to say at page 137: "Warning flags about the potential consequences of the policy were raised at various stages, in various ways and by various interested parties. Yet ministers and officials were impervious to these warnings because of their resolute conviction that the implementation of the relevant policies was effective, should be vigorously pursued and would achieve the policy intent. Efforts to address concerns were superficial at best and served to deal with the symptoms rather than the root causes of the problem."