Clause 60
Borders, Citizenship and Immigration Bill [Lords]
6:00 pm

Photo of Phil Woolas

Phil Woolas (Minister of State (the North West), Home Office; Oldham East and Saddleworth, Labour)

We have a very unusual situation whereby the Conservative spokesperson is urging the Government to implement their Bills. So I welcome his support on that.

If you will allow me, Mr. Gale, I want to reflect on the fact that, in our debate on clause 39 as was, on the transitional arrangements, if hon. Members were to get their way, the implementation date would be put back, would it not? In some cases, I was urged—not in this room, but elsewhere—to put the implementation back by several decades.

However, let me try to address the hon. Gentleman’s serious point. There was indeed a parliamentary question on this issue, which was put to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Hackney, South and Shoreditch (Meg Hillier). We commend the hon. Gentleman on his research and for making this point. As I said at the start of our consideration, I am in favour of post-legislative scrutiny;  I think that the House should do that and I believe that the public would respect us more if we did look at laws after they are passed.

The answer to the hon. Gentleman’s question is that 18 of the substantive provisions of the Bill, if both Houses agree to it, will come into force by order. That includes those provisions in part 2, including earned citizenship, provisions on a common travel area, the judicial review clause and the children’s duty.

Let me reassure you, Mr. Gale, and the Committee that the Government have every intention of implementing everything in the Bill within the next two years. A total of 43 clauses, including provisions in part 1 on border functions, and clause 52 on restriction on studies, come into force immediately on Royal Assent. Part 1 is essential as it will allow for the formal transfer to UKBA of about 4,500 officers who are currently employed by HMRC, to enable the full integration of customs and immigration work at the border. All the other provisions in the Bill will begin implementation by the end of 2010.

The only exception where I cannot assure the Committee relates to clause 54, because we remain committed to consulting Scottish Ministers in advance of laying any orders and I will not prejudge those conversations by announcing the implementation date now. I take the hon. Gentleman’s point but do not think that you, Mr. Gale, would allow me to answer all the questions he asked, which are outside the scope of the amendment and the Bill. I assure him, however, that the Bill, which is small, modest and perfectly formed, will fit together like a jigsaw puzzle with the simplification Bill, which will come later.

I wish that the hon. Member for Ashford, who criticised us for bringing forward legislation to the House, would co-operate with us in getting more timetabling for immigration Bills so that we did not have to keep coming back. If we get that co-operation, he will not be able to use the amendment when we debate the simplification Bill. That apart, I hope I have convinced him that my timetable for implementation of the Bill, which is what we are discussing, is sure, on track and necessary.

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