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Immigration bill – the devil's in the detail Immigration bill – the devil's in the detail
(4 months later)
It looks as though it is likely to be months before the flagship measure of David Cameron's third Queen's Speech – the immigration bill – is actually published.It looks as though it is likely to be months before the flagship measure of David Cameron's third Queen's Speech – the immigration bill – is actually published.
Ministers from across government in the inter-ministerial group on migrants' access to benefits and public services (IMG) have already been discussing for more than six months how to deliver Cameron's pledge to make the rules for new migrants the toughest in Europe.Ministers from across government in the inter-ministerial group on migrants' access to benefits and public services (IMG) have already been discussing for more than six months how to deliver Cameron's pledge to make the rules for new migrants the toughest in Europe.
The tough-sounding headlines about a "crackdown" on new migrants, especially from within the EU, are easy enough to generate but coalition agreement on how they should operate in detail has proved far harder.The tough-sounding headlines about a "crackdown" on new migrants, especially from within the EU, are easy enough to generate but coalition agreement on how they should operate in detail has proved far harder.
As one Downing Street source put it recently: "The problem is that once you scratch the surface it suddenly gets very complicated."As one Downing Street source put it recently: "The problem is that once you scratch the surface it suddenly gets very complicated."
One set of leaked emails showed in March that the Liberal Democrats' David Laws has already blocked a Tory proposal to ban the children of illegal migrants from schools in Britain. GPs and other doctors, social housing officers, and welfare benefits staff are similarily deeply reluctant to act as proxy immigration officers.One set of leaked emails showed in March that the Liberal Democrats' David Laws has already blocked a Tory proposal to ban the children of illegal migrants from schools in Britain. GPs and other doctors, social housing officers, and welfare benefits staff are similarily deeply reluctant to act as proxy immigration officers.
The net result is very little progress in the development of detailed proposals, especially of those which could impact on the movement of new migrants from other European Union states, such as Romania and Bulgaria, by the end of this year when the labour market restrictions on them will be lifted.The net result is very little progress in the development of detailed proposals, especially of those which could impact on the movement of new migrants from other European Union states, such as Romania and Bulgaria, by the end of this year when the labour market restrictions on them will be lifted.
This is why the Downing Street briefing on the contents of the immigration bill is very sketchy on any actual detailed measures. Instead, it talks of wanting to "regulate migrant access to the NHS, ensuring that temporary migrants make a contribution" without spelling out whether it means they will be required in future to have private health insurance or to post some kind of "NHS bond" before they come. Coalition talks on this remain deadlocked.This is why the Downing Street briefing on the contents of the immigration bill is very sketchy on any actual detailed measures. Instead, it talks of wanting to "regulate migrant access to the NHS, ensuring that temporary migrants make a contribution" without spelling out whether it means they will be required in future to have private health insurance or to post some kind of "NHS bond" before they come. Coalition talks on this remain deadlocked.
There were only two specific measures mentioned by Downing Street that will be in the new immigration bill. They are putting the existing secondary legislation enshrined in an immigration rule on deporting foreign national prisoners into primary legislation and threatening 2 million private landlords with heavy fines if they let their property to illegal migrants.There were only two specific measures mentioned by Downing Street that will be in the new immigration bill. They are putting the existing secondary legislation enshrined in an immigration rule on deporting foreign national prisoners into primary legislation and threatening 2 million private landlords with heavy fines if they let their property to illegal migrants.
Both of these will make little practical difference to the likely scale of Romanian and Bulgarian migration from the end of this year. The existing rules on deporting foreign national prisoners already require judges to balance the national interest against the prisoner's right to a family life in Britain when considering their expulsion.Both of these will make little practical difference to the likely scale of Romanian and Bulgarian migration from the end of this year. The existing rules on deporting foreign national prisoners already require judges to balance the national interest against the prisoner's right to a family life in Britain when considering their expulsion.
As there are only about 180 successful such "article 8" appeals against deportation a year out of the 5,000 foreign prisoners who are sent home the impact is likely to be marginal. Contrary to some media accounts this move will have no impact on the case of Abu Qatada, who can't be deported because he faces a trial based on evidence obtained through torture, not because his family lives here.As there are only about 180 successful such "article 8" appeals against deportation a year out of the 5,000 foreign prisoners who are sent home the impact is likely to be marginal. Contrary to some media accounts this move will have no impact on the case of Abu Qatada, who can't be deported because he faces a trial based on evidence obtained through torture, not because his family lives here.
The widely trumpeted new duty on private landlords to check the immigration status of their new tenants won't make any difference to Romanians or Bulgarians or any other EU citizen. They already have the right to live in Britain as do Britons in any other EU country. Even so the proposal would be unworkable without a register of private landlords and a compulsory scheme of residence permits or migrant ID cards. This is why the health secretary, Jeremy Hunt, struggled to explain how it would work. He insisted it was only about "announcing areas we are going to tackle" and will provide further details only "when the time is right".The widely trumpeted new duty on private landlords to check the immigration status of their new tenants won't make any difference to Romanians or Bulgarians or any other EU citizen. They already have the right to live in Britain as do Britons in any other EU country. Even so the proposal would be unworkable without a register of private landlords and a compulsory scheme of residence permits or migrant ID cards. This is why the health secretary, Jeremy Hunt, struggled to explain how it would work. He insisted it was only about "announcing areas we are going to tackle" and will provide further details only "when the time is right".
To fill the gap in the meantime, the government is highlighting minor changes to the existing rules on migrants on not being allowed to claim jobseeker's allowance for their first six months and tightening a two- to five-year residency requirement for their access to social housing. In the first case, the language is very similar to the existing Jobcentre rules. In the second, local authorities can already set such residency requirements; for example, Newham specifies two years. The only difference is that the new guidance will make it statutory for all local authorities to do it. This will not require legislation.To fill the gap in the meantime, the government is highlighting minor changes to the existing rules on migrants on not being allowed to claim jobseeker's allowance for their first six months and tightening a two- to five-year residency requirement for their access to social housing. In the first case, the language is very similar to the existing Jobcentre rules. In the second, local authorities can already set such residency requirements; for example, Newham specifies two years. The only difference is that the new guidance will make it statutory for all local authorities to do it. This will not require legislation.
At the heart of the problem for the coalition is the stark fact that a system of migrants' residents permits or foreigners' ID cards is needed to police such restrictions on access to public services based on the time someone has lived in Britain. That is likely to prove unpalatable for two political parties who were elected on a pledge to scrap identity cards.At the heart of the problem for the coalition is the stark fact that a system of migrants' residents permits or foreigners' ID cards is needed to police such restrictions on access to public services based on the time someone has lived in Britain. That is likely to prove unpalatable for two political parties who were elected on a pledge to scrap identity cards.
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