My Lords, on looking at Amendment 179A and Amendment 179B in the names of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, your Lordships might think that they are not necessary. They insert only the word “reasonably” in both cases. I would not agree with that. They are very important additions in the context of this part of the Bill, which concerns the circumstances whereby an individual may be required by an immigration officer or a police officer to state their nationality.
The words “reasonably” or “reasonable” are often used in a legal context. Your Lordships can find the word “reasonable” in this part of the Bill. I refer noble Lords to page 163, where at line 28 we have “without reasonable excuse”, at line 31 “not a reasonable excuse”, and at line 35 “reasonable cause”.
These uses of “reasonable” place obligations on the person being arrested for an offence. It is right that in the same part of the Bill the same obligation to act reasonably should be placed on the immigration officer or police officer when requiring someone who has been arrested to state their nationality. They must have some reasonable suspicion that the individual may not be a British citizen. Acting in the way that any prudent person in a similar situation would act is a proper duty to be placed on officers when in that situation.
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Amendment 180, in the name of the noble Baroness, Lady Williams of Trafford, makes this subsection much clearer and I am happy to support it, but the clause would be even better with Amendment 180A in the names of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, as it helps make clear that you need go only so far to establish nationality or citizenship.
Amendment 181 in the name of the noble Baroness, Lady Williams of Trafford, proposes that pilot schemes should be established and then assessed before the requirements to state your nationality under Clause 144 and to produce nationality documents under Clause 145 come into force generally. It would be helpful to your Lordships’ House if the noble Baroness could set out what the evaluation process will be for these pilot schemes. Who will do the evaluation? Will it involve external stakeholders? Will a report be published on the evaluation before any move is made to commence the provision nationally?
Amendment 181B in the names of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, is important as it puts a requirement into the Bill for the reporting of that assessment. Amendment 181A, again in the names of the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, and which I also support, ensures that it is established, as part of the assessment of the pilot scheme, whether particular nationalities or ethnic groups have been disproportionally affected. If the noble Baroness is going to tell the House that this amendment is not necessary, I hope she will state clearly for the record that any review undertaken would look at whether any particular group or nationality had been disproportionally affected.
Amendment 181BA, which again I support, proposes a requirement for a full review within 12 months of the commencement of these provisions. It is always wise, where possible, when bringing in new requirements which could be deemed controversial or as affecting certain people disproportionately, to build in a review process. That enables good law to be made and, where necessary, for problems to be highlighted and action taken.