Nationality and Borders Bill — House of Lords, 2022-02-10
Topic: Immigration
Keith Stewart (Conservative, Centre-right): My Lords, I am grateful to the noble Baroness, Lady Hamwee, and the noble Lord, Lord Rosser, for their contributions to this debate. Amendments 175A and 176A remove the power to make regulations to facilitate the consolidation. We have to be clear about the scope of the regulation-making power. It cannot be used to make policy changes; it can be used only to ensure the future consolidation of the whole or substantial parts of the Acts relating to immigration listed in the clause. Subsection (4) is clear that regulations made under this power do not come into force unless such a consolidation Act is passed The regulation-making power is limited to changes to facilitate the consolidation, such as updating terminology and aligning any inconsistencies. It is standard practice to take such a regulation-making power when consolidating legislation, and this power is drafted in terms familiar to Members of the Committee The noble Baroness, Lady Hamwee, asked for news of the consolidation process, and the noble Lord, Lord Rosser, echoed that call. Without the power, any inconsistencies in many immigration Acts could not be resolved as part of consolidation; it would require further primary legislation, which would delay, potentially for some time, the important work to consolidate immigration legislation, which has started. The Law Commission has already started its work on consolidation, and it hopes to complete that work in 2023. It is unlikely that the timetable will be met if further primary legislation is required to address inconsistencies or issues which need to be resolved to facilitate consolidation and which could otherwise have been dealt with within regulations before the consolidation Act can be finalised Members of the Committee are concerned about the ability to change primary legislation by regulation. The regulation-making powers are necessary to ensure that if amendments are identified which facilitate or are otherwise desirable in connection with the consolidation, they can be made for that purpose, but I seek to provide the Committee with further reassurance that appropriate safeguards are in place. The safeguards are twofold. First, the regulations are subject to the affirmative procedure, so any attempt to go beyond what is necessary to facilitate consolidation can be identified in scrutiny by both Houses. Secondly, the Joint Committee on Consolidation Bills will review this Bill, ensuring that it does not start amending the law beyond minor corrections and improvements The amendments would also impose a duty to consolidate and a duty to consult. Amendment 175A requires publication of a draft Bill, a consultation and a report on that consultation within six months of publication. Under that amendment, there is no regulation-making power. I am grateful to the noble Lord, Lord Rosser, for reminding the Committee that the impetus behind consolidation of immigration law stems from the Windrush Lessons Learned Review, and these procedures follow from that recommendation that the simplification of immigration law be desirable. For the reasons given, I invite the noble Baroness to withdraw her amendment at this stage.