It is a convention to say that it is a pleasure to follow the preceding speaker. I shall not go as far as that, but it is probably appropriate for me to follow the hon. Member for Henley (John Howell). He focused on provisions relating to new regulations for private landlords, and I, too, shall focus the substance of my remarks on that aspect of the Bill.
Before I do so, however, I want to make a few general observations about the Bill as a whole, which is a combination of the good, the bad and the ugly. Tightening the law on sham marriages, improving our ability to deal with dodgy immigration advisers, and speeding up the deportation of foreign criminals are good ideas. Addressing the length of time that it takes to deal with immigration applications, thereby reducing the number of years in which people have to live in limbo, literally not knowing whether they are coming or going, is a
reasonable aspiration. However, I am not convinced that the right checks and balances exist in the new decision making and appeal process outlined in the Bill. It is a complex area. The hon. Member for Brent Central (Sarah Teather) is right to draw attention to the fact that briefings on this part of the Bill were issued late in the day. The Government cannot be confident that the review that they wish to implement on immigration decisions will be any better or of higher quality than the initial decision-making process in the Home Office. There should be an independent review mechanism for appeals on immigration decisions.
Where the Bill is undoubtedly ugly is in its unworkable and unrealistic proposals to outsource the job of immigration officials to letting agency staff and private landlords up and down the country. Such a change in the law may or may not contribute to creating the Home Secretary’s “hostile environment”, but it undoubtedly risks inflaming racial tensions and smacks of the era in which landlords in the UK put signs above their doors proclaiming “No blacks, no Irish”. I for one do not want to return to those days. I want an immigration system that is firm and fair, and which is in the best interests of everyone in our country. I want a system in which the rules are enforced properly and in a timely fashion. No matter what Ministers say, the immigration arm of the Home Office—the former UK Border Agency—is a total mess. No amount of nasty rhetoric turned into sentences on the statute book will make up for the basic failures in administration, efficiency and competence that have characterised the Home Office for far too long.
I said that I wanted to focus on the Government’s proposals for private landlords. Part 3 introduces a new duty on landlords to check the immigration status of prospective tenants before properties are let with hefty fines if flats and houses are rented to people without leave to remain. There are already tight rules about who can access homes rented from councils and housing associations. On a superficial level, I suspect that many people would say, “What’s the problem with asking private landlords to do that? It sounds like a good idea.” However, there is a serious problem with the proposals because of the way in which that would work in practice.
I have been a Member of Parliament for three years, and in that time I have dealt with my fair share of immigration cases. When people come to my surgery with reams of paper from the Home Office I sometimes find it difficult to ascertain exactly what their status is. It can be complex and confusing: people do not always fall into neat, defined categories. Sometimes three people in a family have indefinite leave to remain, but one, inexplicably, is still waiting to hear from the Home Office. Sometimes a Home Office decision to refuse an application is overturned by the tribunal, but then there are inordinate delays in sending individuals new documentation to confirm their status. Perhaps all small private landlords and letting agents have an insight or training in the immigration system, or a special link to the Home Office, which I do not have, but I think that is unlikely.
What is going to happen? Let us imagine a busy letting agency in south-east London, where demand for rented property routinely exceeds supply. Two people turn up to rent a flat that has just been put on the
market. One is a woman of Nigerian heritage—someone who came to this country as a child, went to school here and now works as a nurse. She has indefinite leave to remain and she has become a British citizen. The other person is also a British citizen—a white woman, a nurse too, but with an English-sounding surname. The admin person in the letting agency is presented with Home Office papers by one, but not the other. They know that if they let to an “illegal immigrant” they might be fined £3,000. They are confused by the papers. They have a stream of people waiting to be seen, and they have other things to do. Which of the two people do they go for? I do not think that I need spell out to hon. Members what might happen in that set of circumstances.