My Lords, on Tuesday the noble Lord, Lord Wolfson, brought into the Chamber the Criminal Law Handbook and referred to its size. “Handbook” is a bit of a misnomer because lifting it could break one’s wrist, but it is as nothing compared to the immigration legislation and the Immigration
Rules. The rules are too many to print; one has to access them online—unless things have changed in the last year or two.
Clause 78 allows the Secretary of State, by regulations, to make “amendments and modifications” such as are
“desirable in connection with, the consolidation of the whole or a substantial part of the Acts”
listed. Perhaps it is a secondary point to remark on the potential confusion of consolidating a part of, but not the whole of, an Act. We know the difficulties with regulations—certainly, we in the Opposition would call them difficulties—the problems of scrutinising and debating them, and the impossibility of amendment.
We have been promised the consolidation of immigration law for I do not know how many years. Has it got stuck in the quagmire of legislation, or is it just that it is too difficult? It is obviously recognised that there is a problem, but I am not convinced that Clause 78 is the solution: I think it may be an addition to the problem. More in hope than expectation, I have tabled Amendment 175A—Amendment 176A is consequential on it—in order that we publish draft consolidating legislation by the end of 2025 and then consult on the work.
I do not know whether I am doing an injustice to what is proposed. Clause 78(4) proposes that regulations be made after consolidation of
“the whole or a substantial part of the Acts.”
That gives rise to potential confusion. The big question is whether the Minister has news of the consolidation exercise. I find it a little odd to provide here for regulations that cannot be made until after this long list of Acts is consolidated. I beg to move.