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Immigration (Biometric Registration) (Amendment No. 2) Regulations 2009

My Lords, I, too, thank the Minister for explaining this statutory instrument with such thoroughness and brevity. I am afraid that, like the noble Baroness, Lady Hamwee, I may have to take a little longer than he did. The Government’s experience in using ID cards for migrants in this country in increasing numbers and categories is surely not unconnected to their desire ultimately to see them carried by every citizen. As the Minister will know, we are against such use. The Minister will not be surprised that I, like the noble Baroness, Lady Hamwee, have a number of questions on these regulations. First, the Explanatory Memorandum to the regulations states that the extension of use of biometric immigration documents, or identity cards for foreign nationals—which is what they really are—will, ""make it easier for these foreign nationals to demonstrate their entitlements to their sponsor and access other benefits. It will also make it easier for employers to confirm any entitlement to work as the card clearly sets out the holder’s entitlements"." However, have the Government not failed to prepare business and public services to be able to check these ID cards? The noble Baroness, Lady Hamwee, mentioned that the Minister’s colleague in another place had said that 12 identity card readers had been issued by the Government. I believe that this statement was first made shortly after the beginning of October. Be that as it may, can the Minister update the Committee on the number of readers that will be issued? Twelve, I agree, seems a very small number. To my knowledge, there is no timetable for the rollout of the readers. I should also appreciate knowing how many readers the Government believe are needed and where they will be sited. The noble Baroness mentioned ports and airports but, surely to goodness, for the scheme to work properly, they should be much more widely disseminated. Does the Minister also accept that the inability of organisations to scan or read these biometric documents has already resulted in the creation of a black market in fake ID cards? The Explanatory Memorandum further states that employers will not be required to undertake any additional checks. Does that mean that employers will not have to check the ID cards of foreign nationals whom they already employ, and who will be required to apply? How can one possibly expect someone who employs, for example, a foreign cleaner to know whether their employee is domiciled legally in this country? Secondly, part of the Government’s justification for extending the categories of foreign nationals required to apply for identity cards is the need to, ""phase out less secure documents"." Which documents are classed as "less secure" by the Government? Why are biometric visas considered more secure, given that they are already being produced by the criminal fraternity? Thirdly, the Explanatory Memorandum states: ""Once the National Identity Register is fully operational it is the Government’s intention that the identity card for foreign nationals will be designated as a document under section 4 of the Identity Cards Act 2006, as soon as it is practical"." Is it therefore the Government’s intention eventually to store the details of foreign nationals on the national identity register alongside those of British citizens? What would be the rationale for joining those data sets, if the Government intend so to do? Somewhat related to this, can the Minister confirm that further information will be added to the identity cards at a later date? Finally, one of the Government’s rationales for issuing identity cards to those granted further leave to stay in the United Kingdom under tier 2 of the points-based system is, ""to enable UKBA to bring forward the rollout of identity cards to higher risk categories"." Will all high-risk categories now be covered? If not, what are the remaining high-risk categories and when do the Government intend to roll out ID cards to them? Does the Minister accept that foreign students remain a high-risk category, despite being covered by ID card legislation? How many foreign students in the UK have ID cards and is it compulsory for students applying from abroad to register for them in advance? Would it not be better for the Government to focus their efforts on tackling the gaps in the student visa regime rather than being distracted by attempts to roll out ID cards? I should probably know the answer to my next set of questions, but I am afraid that I do not. Are student visas time-limited? What happens at the end of their courses? Do students return to their country of origin and, if they want to work here, reapply for a visa or work permit from there, or can they do it from this country? Despite what I have said, we on these Benches support biometric identification for foreign nationals in the form of biometric visas. Those details should be kept on the appropriate Home Office database, whether it is the asylum registration card or immigration casework database and so on, and not the national identity register. We shall not on this occasion oppose the regulations, but the Government should not be distracted or justify failing to address the many weaknesses in existing systems by putting in place an expensive measure from which I can see no prospect of stopping illegal immigration or terrorism.