Woodhouse Michael: Immigration Amendment Bill (No 2) — First ReadingText is incorporated into the Bound VolumeWoodhouse Michael: Immigration Amendment Bill (No 2) — First Reading[Sitting date: 19 November 2013. Volume:695;Page:15077. Text is incorporated into the Bound Volume.]Hon MICHAEL WOODHOUSE (Minister of Immigration): I moveThat the Immigration Amendment Bill (No 2) be now read a first time. I nominate the Transport and Industrial Relations Committee to consider the bill. The integrity of our immigration system is vital for the well-being of New Zealand and this bill further ensures that our immigration system protects our borders is responsive to the use of electronic systems protects migrant workers from exploitation and gives immigration officers the power they need to enforce the Act.The bill extends the powers of immigration officers to enable them to undertake a personal search at the border search a property or place for identity documents in order to facilitate a deportation or turn-round and enter and search an employer’s premises in order to search for unlawful workers check documents and interview employees to ascertain whether the employees and the employer are complying with the Act. It will also enable immigration officers to apply for and execute a search warrant. Currently immigration officers apply to the court for a warrant and a police officer executes the warrant on their behalf. This amendment will result in more timely compliance operations and contribute to the effective functioning of the immigration system.The bill includes two amendments that will protect migrant workers from exploitation. They are part of a package of actions that this Government is taking to address the exploitation of migrants. They demonstrate that this Government is takingthe issue seriously and will come down hard on employers who take advantage of vulnerable workers. We see this as very important particularly in the context of the rebuild of Canterbury.The first measure is to make exploitation of migrants on temporary entry class visas with work conditions an offence. There is presently an inconsistency in the legislation in that employers who exploit unlawful migrant workers can face hefty sanctions whereas those who exploit lawful migrant workers face much less serious penalties. The bill will address that mismatch by adding the exploitation of lawful workers as an offence under the Act. Employers who exploit migrant workers on temporary visas could face up to 7 years’ imprisonment and/or a fine of up to $100000.The second amendment will see employers who are themselves recent migrants and who have a residence class visa for less than 10 years liable for deportation if they exploit migrant workers. This will act as a further deterrent and was a provision in the 1987 Act but was not carried over when the Act was updated in 2009.Although changes to the law are important elements in improving protection for migrant workers the most important factor in achieving that is for exploited workers themselves to speak up. I want to take this opportunity to encourage those workers to do so in order that a brighter light can be shone on the practices of exploitative employers.The bill changes the way biometric information is collected to address gaps in identity management capability which will enable faster identification and improve the Government’s ability to manage risk. These amendments will enable biometric information to be collected from persons already known to be liable for deportation or turn-round enable a compulsion order to be sought to require a person to allow their biometric information to be taken where that person is liable for deportation and where a compulsion order is made enable police to use reasonable force to take the biometric information. It will also enable biometric information to be collected from non-citizens arriving in New Zealand either before or after they have been granted entry permission and while they are still within the immigration control area.The bill will help ensure that the Act has the ability to support the increased use of technology when the new Immigration Service delivery model is in place. These amendments will help provide a more efficient modern and cost-effective service to our customers and other stakeholders. It makes changes to the way information on the passenger name record is provided in order to improve the identification of travellers who may pose a risk or require further intervention and to improve airline compliance with immigration law—compliance that I am very confident is in excellent shape. Certainly after revelations this week and my checks I am even more confident but it is important to continue to improve airline compliance. These changes specify that passenger name information can be accessed by the Ministry of Business Innovation and Employment at specified times without having to make a formal request each time and that the information can be accessed for longer than the current 14-day period before and after the arrival of an aircraft. The information will be able to be used to identify patterns and trends which will help recognise and detect risks leading to better-protected borders and a safer New Zealand.The bill clarifies that the ability to request personal information under the Privacy Act 1993 does not apply to reasons for decisions made using absolute discretion. That parallels the existing exclusion under the Official Information Act and also includes a number of other miscellaneous provisions mostly of a minor or technical nature.I am confident that when this bill is passed it will build on the strong immigration legislative framework already in place. I commend it to the House.