I am grateful to the hon. Gentleman for raising that. He will certainly have our support if he intends to table an amendment on the issue, which is an anomaly that we need to deal with.
A national border force is necessary, but why the delay? Such a force should unite the present border control functions of HMRC, the police and the UK Border Agency, yet the proposals as drafted in part 1 of the Bill are still a muddle. They broadly extend the current powers of UKBA staff and others, as determined by the Secretary of State, but they provide no specific details. What exactly are the "general customs matters" that the UKBA will have the authority to address? The extension of powers that are exercisable by immigration officials are worrying, especially when they are so ill defined. We are concerned that the new powers blur the distinction between immigration controls and criminality. We share the concerns of Liberty, for example, that part 1 sends the signal that immigrants are, by definition, criminally suspicious. In addition, we will be pressing for clarification and reassurance from the Government on exactly how long UKBA officials would be able to detain a person at their offices, as these powers caused much confusion on all sides in the Lords.
The Liberal Democrats and the Conservatives tabled amendments on these subjects—albeit with different details—during consideration of the Bill in the other place. We will seek to address the issues again in Committee, particularly with regard to giving the Independent Police Complaints Commission a remit to investigate the UKBA, given the extent of the new powers, and to the implementation of our own integrated border force, as previously discussed.
Part 2 of the Bill amends the rules on naturalisation. Again, we have some concerns. The new rules will make naturalisation more difficult to achieve, but many of the details are absent. We do not yet know what types of visa will mean that a stay would qualify as time spent towards achieving naturalisation. Similarly, the eight or five years residency requirements to be eligible for naturalisation can be amended by secondary legislation under clause 42(2), providing no certainty at all for those embarking on the process. I very much take the point made by Conservative Back Benchers about the transitional arrangements, for those who had expected their naturalisation to be able to continue, under clause 39. We will definitely support the retention of that measure in the Bill.
The extension of the qualifying period for naturalisation is likely to have a detrimental effect on community relations, and will place applicants in difficult circumstances if they are denied access to mainstream benefits and services for longer periods. This is particularly true of asylum seekers, who are largely neglected by the Bill. We will continue to push for further changes to the Bill, to ensure that time spent in Britain by refugees prior to the determination of their claims will count as part of the qualifying period.
The introduction of a formal volunteering process is a cause for concern. Is it right that migrants should be expected to do more than those born with British citizenship? Again, the Bill does not specify what types of activity will qualify as counting towards citizenship. Neither does it address the inherently discriminatory aspects of the proposals. People in cities will find it much easier to volunteer than those living in remote communities, for example. The hon. Member for Walthamstow (Mr. Gerrard) has also made the point about people who are involved in shift work or have problems for reasons of health or of family circumstances.
The process will be an administrative nightmare, too. How will the Government track what has been done and what has not? How will they ensure that people are not bypassing the system, as we have seen happen with tier 4 of the points-based immigration system, and that there is not an explosion in the number of so-called bogus colleges? The Government's track record on managing this type of project does not inspire confidence. We do not want or need a whole new bureaucratic system to deal with voluntary activities when, by their very nature, they should be voluntary.
Borders, Citizenship and Immigration Bill [Lords]
Proceeding contribution from
Chris Huhne
(Liberal Democrat)
in the House of Commons on Tuesday, 2 June 2009.
It occurred during Debate on bills on Borders, Citizenship and Immigration Bill [Lords].
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2008-09
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