Immigration Bill — House of Lords, 2016-03-15
Topic: Immigration
Michael Bates (Conservative, Centre-right): What a sweet prospect—a judge with a northern accent. That is a very fine example of social mobility under the modern government procedures that we have—I should quickly move on The noble Baroness asked how the scheme is working in terms of the detention of illegal migrants, and the serving of penalty notices. The scheme has now been in operation for over a year and has led to the detection of illegal migrants. The evaluation document that was produced, to which I draw the noble Baroness’s attention, pointed to 37 immigration enforcement visits which took place during that time. More than 100 individuals were identified who did not have the required legal documentation to be here. The scheme is now in operation. The extension of the scheme across England has worked smoothly, and further illegal migrants have been detected In terms of restrictions that are already in place to access social housing, it is reasonable to expect that migrants who remain here without permission should regularise their position or leave the UK. Successive Governments have sought to ensure that the immigration system is fair. In fact, we discussed this in Committee when the point was made that for some time—from about 1999—it has been a requirement on social landlords in the public sector to carry out checks that the person has the right to be here. We are now extending that into the private sector The noble Baroness, Lady Ludford, asked about the evaluation and said that she did not feel that it demonstrated that the scheme had achieved its aim. The statement in the evaluation report that just "26 referrals" of irregular migrants were specifically related to the scheme is a partial and selective quotation of the research report. As the evaluation report makes clear, this number specifically related to referrals, "formally recorded on the Home Office’s intelligence database within the first six months of the scheme. More intelligence referrals had been received but were not recorded in this database as they were sent directly to enforcement teams" As stated in the evaluation report, in the first six months of the scheme in phase one, "109 individuals … were identified, of whom 63 were previously unknown to the Home Office" The noble Lord, Lord Rosser, and the noble Baroness, Lady Ludford, raised the issue of the evaluation that was carried out by JCWI and the YouGov poll. These findings are at odds with the Home Office’s wide-ranging evaluation—specifically the mystery-shopping exercise carried out by independent contractors examining discrimination and documentation issues as one of the mystery-shopping scenarios involved a prospective tenant who did not hold a passport My noble friend Lord Howard asked what would happen if a person moves into a property without the landlord’s knowledge. I think I have dealt with this already, but the landlord will fall liable for the offence only if they have knowingly let the property to an illegal immigrant and have done so having reasonable cause to believe that the tenant or occupant is a disqualified person, or where they have subsequently become aware that someone disqualified is renting or occupying their property The noble Baroness, Lady Lister, asked a fair question about permission-to-rent guidelines and advised me to write to her on that. I am very happy to give an undertaking that I will do so and hope that that will be helpful. We do not accept the suggestion that the policy conflicts with the public sector equality duty. The Home Office prepared a policy equality statement and took into consideration the results of a thorough evaluation of the scheme in discharging this duty. Both the statement and the evaluation focused on the potential for discrimination; the findings of both are in the public domain. Having set out our criteria, we consider that it should, in most cases, be clear to migrants whether they have a right to rent or are likely to be given permission to rent. It is not something that we expect people to apply for, but it is open to any migrant to contact the Home Office about their case.