As the noble Baroness, Lady Hamwee, has said, this clause gives the Secretary of State the power by regulation to amend immigration legislation in order to make pre-consolidation changes for the purpose of facilitating a consolidation Bill. It provides a power for the Secretary of State, by regulation, to make those amendments and modifications to Acts relating to immigration that
“in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with”
the consolidation of the Acts. It also provides that regulations made under this section do not come into force unless a consolidation Act is passed.
The consolidation of immigration law has long been sought and is a recommendation of the Windrush Lessons Learned Review, which was published in July 2018 and said:
“It is widely accepted that immigration and nationality law is very complex.”
We strongly support the consolidation of our complex and unwieldy immigration law as recommended by the Windrush Lessons Learned Review, but we share the concerns already expressed about the provisions of this clause, not least the part that I have already
referred to—namely, the extremely broad powers it seems to give the Secretary of State to amend and repeal provisions that
“in the Secretary of State’s opinion facilitate, or are otherwise desirable in connection with”
the consolidation of the Acts.
We support the addition of a requirement for the Secretary of State to consult appropriately before making regulations under this section. I hope the Minister, on behalf of the Government, may be able to give some encouragement on that score. Is it intended that the Home Secretary would consult before undertaking such a task? If not, why not? If so, would the Government see fit to include that requirement in the Bill?
I have another question on the issue of regulations under this section. On what issues or matters are regulations under the section necessary that could not be achieved in the primary consolidation Bill? There appear to be two stages. What is it that has to be achieved by these regulations, under which the Secretary of State has such broad powers, that could not wait or be enshrined in the primary consolidation Bill?
As I think the noble Baroness, Lady Hamwee, asked, can the Minister give the House an update on when we might be able to expect a consolidation Bill? Has the Law Commission been tasked to consider immigration statute? If so, what progress or otherwise is being made? I hope the Minister may be able to address some of the concerns expressed over the drafting of this clause, the possible interpretation of what it might mean and the powers that it might give to the Secretary of State.