Nationality and Borders Bill Committee Stage
Dear Colleagues, The Nationality and Borders Bill has started line-by-line scrutiny for Committee Stage today. I am writing to provide an update about the Bill; this is the cornerstone of our New Plan for Immigration.
The plan has three key objectives:
• To make the system fairer and more effective so that we can better protect and support those in genuine need of asylum.
• To deter illegal entry into the UK, breaking the business model of criminal trafficking networks and saving lives.
• To remove from the UK those with no right to be here, including Foreign National Offenders.
In July, we introduced this Bill with six placeholder clauses which were designed to be replaced by Government amendments now at Committee Stage. Having previously made our intentions known, we have now tabled amendments to replace the following marker clauses:
Visa Penalties
As part of our commitment to remove those with no right to be in the United Kingdom, other countries must co-operate in taking back their own citizens. Where they do not, this amendment will give the Home Secretary the power to take action, which could include slowing down or suspending key services with that country (e.g. visa processing) or to impose a £190 surcharge on visa applications. This would bring the UK’s powers in line with those held by the United States of America and the European Union.
Early Removal Scheme
We will expand the window in which foreign criminals can be removed under the Early Removal Scheme from 9 months to 12 months. This will speed up the removal of FNOs and increase the number of prison spaces available by removing from the UK FNOs who would otherwise be kept in prison at the British taxpayers’ expense.
Electronic Travel Authorisation
We will introduce an Electronic Travel Authorisation scheme as part of measures to further increase the security of our borders. Foreign nationals intending to travel to the UK for short stays who do not have a visa, entry clearance or other specified immigration status will need to provide information about themselves in advance, including past criminality. Those who have travelled to the USA will be familiar with their ESTA visa-waiver scheme. The scheme will enhance our ability to screen arrivals, improve our ability to count people in and out and prevent those deemed to be a threat from getting to the UK.
Along with a series of tidying up amendments, I would like to also draw your attention to the following new clauses tabled:
Special Immigration Appeals Commission
Where an immigration case involves sensitive information, we have a power to certify it so that it is heard by a Special Immigration Appeals Commission, which specialises in hearing these types of cases. However, currently, there are some types of legal challenges against immigration decisions that cannot be certified. This means that in some cases we cannot rely on evidence which is relevant, and which supports our case, because it is sensitive and cannot be disclosed. This has the potential to be damaging to national security. The change we are making closes this gap and allows all legal challenges against immigration decisions to be certified (where the relevant criteria is met) meaning we can rely on sensitive information in support of our case.
Authorisation to work in UK waters
The Government is clarifying the legal framework so that the requirement that permission to work is needed and the way in which that permission operates for migrant workers in UK waters is clearer. The clause does not invoke a policy change as it has always been the Government’s position that permission to work is needed for foreign national workers in UK waters. To obtain that permission they will need to apply for a visa under the points-based system, in the same way as when coming to work on land.
Broadening Schedule 7 to the Terrorism Act
We are making the UK safer by strengthening existing counter-terrorism powers so that anyone entering the UK illegally by sea can be questioned by counter-terrorism police away from their location of entry. This will add another precautionary layer to our existing measures for illegal Channel crossings and ensure illegal arrivals by sea are subject to the same powers as if they had arrived conventionally. Deprivation of Citizenship We are amending the law to disapply the requirement to serve notice of the decision to deprive a person of British Citizenship, ensuring that dangerous criminals no longer have the right to be in the UK, protecting our communities and keeping our country safe.
We are also tabling clauses this week to replace the final marker clause:
Age Assessment
We will seek to improve the framework for determining age, including through the use of scientific technology, to ensure we quickly identify vulnerable children needing support and address the safeguarding risks from adults posing as children. The UK is one of the only countries in Europe not to currently use scientific age assessment methods, so this important measure brings us into line with this. I look forward to continuing to work with you all to deliver this important legislation and further discussing these important issues as the Bill moves through Parliament
