Immigration (Leave to Enter and Remain) (Amendment) Order 2010

My Lords, I thank the Minister for introducing and explaining these orders, which we support. I have a few probing questions. On the first immigration order, I understand that currently there are two types of automated gate at UK borders. The first type, e-passport gates, are designed for use by British citizens and EEA nationals who hold second-generation biometric passports and are being trialled at 10 locations in the UK. Where are the locations and how long will the trials last? When is full rollout across the UK expected? That should greatly reduce the number of people who have to queue in order to have their passport swiped. The second type of automated gate is based on a pre-enrolment scheme, which requires users to provide biometric and biographic data before they can use the system. I think that the noble Lord was talking about that type. The Explanatory Note to the order states: ""In principle, regular travellers from any country may apply to be enrolled on the scheme"." Can the Minister expand on that point? Which categories of regular traveller might not be allowed to enrol, because it suggests that there may be excluded categories? Can he also tell us what information will need to be supplied at the face-to-face interview with a border force officer that individuals apparently must have before being allowed to enrol, and what criteria are used by the officer to judge whether an individual is unlikely to abuse the scheme? It seems that the viability of the whole scheme and the notion of the automated gates providing us with adequate protection depends on the accuracy of the information that is taken at the first instance, and therefore the interview, right at the initiation of the scheme. It is important to understand what guidance is in place and what the officer will be seeking to do. What security standards are to apply to the storage of the biographical and biometric data that have been captured? We now have plenty of experience of things that can go wrong with data storage, so it would be helpful to know that. I understand that the type of gate that is to replace the present system will be simpler and easier to use, and I absolutely agree with that. But again, quite a lot of preparation has to go into getting this right. It would be helpful to know the timescale over which the next generation of pre-enrolment gate schemes will be rolled out. Is it to be a five or 10-year scheme, or one that will take six months? I gather that individuals who actually get enrolment will receive a form telling them the conditions that are applicable to their visa or entry conditions, but only when they have been granted their enrolment. Can the Minister say how the Government will ensure that these conditions—this comes to the business of how we monitor what happens when people get into the country—will not be abused? I mention the length of stay granted, prohibitions on employment, recourse to public funds and so on. We do not necessarily solve all these problems simply by having an automatic gate system. I am glad to see that the automated gates will not apply to student and marriage visitors as these are two categories which are heavily abused, and therefore it seems to us that we must have a different system for them. Presumably a lot depends ultimately, as I said earlier, on the authorisation that is received at the automated gate. How long will such an authorisation remain valid for? Will it be a standard period of time or is it going to vary according to the individual, and will there be any kind of checking system? The second order introduced by the Minister sets out the fees. We agree that it is sensible for the costs to be covered by the fees, and we accept that they therefore need to be realistic. Given the fiscal situation, that is doubly sensible. We have no objection to the principle of the notion of payment for the use and benefit of the range of immigration and nationality services, and we believe that those who use them should contribute proportionately to the costs. However, with a maximum increase, as I understand it, of 2.5 per cent for the majority of application routes versus a 6 per cent increase in UKBA costs for processing these applications over the past year, is there not likely to be a shortfall? Will the fees now actually cover the costs? My other question might be called a sensitivity analysis. It could be that the fees might be set a level which is so discouraging that instead of encouraging people to come to this country, we act to deter. Has any work been done on this kind of sensitivity which tells us what effect the level at which the fees are set might have on the number of people who choose to visit or come to this country for various purposes? This probably applies to a lot of government services, so it would be helpful to know whether any analysis lies behind the fee levels mentioned by the Minister. I turn finally to a topic that the Minister did not mention but which it would be helpful to know about—the Migration Impact Fund, towards which some of the fees go. Can he tell House for which routes the fees paid incorporate a contribution to the fund? It is not clear whether the fund is made up entirely of contributions or whether the Government also provide an input. Where, geographically, is the money likely to be spent? Is it spent generally or only in certain areas? We take the view that it is unlikely to be comprehensive in mitigating the effects of immigration, if only because there is not yet a firm limit on immigration levels. However, it would be interesting to know what kind of contribution it will make.