Clause 121 — Registration card

Part of Orders of the Day — Nationality, Immigration and Asylum Bill — [2nd Allotted Day] – in the House of Commons at 8:30 pm on 12 June 2002.

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Photo of Rosie Winterton Rosie Winterton Parliamentary Secretary (Lord Chancellor's Department) 8:30, 12 June 2002

I hope that I may be able to give Mr. Allan some assurances on that matter.

Clause 121 would insert new section 26A into the Immigration Act 1971. The section would introduce a number of offences to deal with the creation, possession and use of false or altered registration cards, which are also known as application registration cards, ARCs. Those cards are at present issued to asylum seekers and their dependants as an acknowledgement of their application for asylum. They contain information about the individual asylum seeker, including his or her name, address, nationality, date of birth, photograph and fingerprints, which are stored on a computer chip, as the hon. Gentleman said. They are issued to asylum seekers when they leave the induction process.

I emphasise that the card is not an identity card, but it will certainly speed up the process of establishing a holder's identity when reporting to the immigration service and when accessing any benefits that an asylum seeker may be entitled to at a post office. Holders of the card will not be required to carry it or to produce it to a police officer. That matter was raised in our earlier debates. Obviously, however, they may find it useful to carry the card to help to establish their identity.

Although the card has been designed to incorporate a number of security features, which will certainly make it difficult to forge or to alter, attempts may be made to do so. That is the reason why we have created the forgery offences in clause 121.

The definition of a registration card in subsection (1) of the clause refers to a card

"issued . . . in connection with a claim for asylum", but it is possible that in future registration cards will be issued to other classes of person who are subject to immigration control. Subsection (7) therefore allows the Secretary of State to make an order by the affirmative procedure to change the definition of a registration card for the purposes of the offences in the clause. There would have to be an affirmative order to create the offence to ensure that if the card were extended to other areas, it would be an offence to forge it. The purpose of that power is to ensure that if registration cards are issued to non-asylum seekers, the offences contained in clause 121 will apply to those cards.

The amendment would not affect the immigration and nationality directorate's ability to issue cards to non-asylum seekers because, as I said, clause 121 is not concerned with conferring powers to issue cards, it merely creates offences in relation to cards that have already been issued.

If the amendment is intended, therefore, to restrict IND's ability to issue cards to non-asylum seekers, it would not achieve that purpose. Obviously, it would also create an anomalous and undesirable situation, as someone could commit a criminal offence if they altered a card issued to an asylum seeker, but would not commit any offence if they forged a card that was issued to, for example, an illegal entrant.

The order-making power in subsection (7) is subject to affirmative resolution, which offers a safeguard to ensure that Parliament has the opportunity to scrutinise any changes in the definition of the card.

The hon. Gentleman raises several issues about the way in which the card could be extended. Perhaps I can reassure him because, as he will know, the cards are currently issued to new asylum seekers, and we have a programme to extend them to existing asylum seekers. However, in future, the IND could consider issuing the card to other categories of people subject to control under immigration legislation. Obviously, the IND is not yet certain which additional categories of people will be covered by ARCs.