In its 33rd Report of Session
24-25, the cross-party House of Lords Secondary Legislation
Scrutiny Committee has once again expressed concern about the
lack of information provided by the Home Office in support of
measures which make significant changes in immigration policy.
The report comes after the Committee considered the department's
latest Statement of Changes in Immigration Rules (HC 977) – the “Statement”.
First, the Statement implements changes to the Skilled Worker
visa route by tightening the conditions for granting such visas
and removing the social care sector from the list of occupations
that can recruit migrant workers. This will have a wide impact,
affecting around 180 occupations.
The report highlights the lack of any consultation exercise in
advance of these changes and that no impact assessment (IA) has
been carried out. The lack of an IA is particularly regrettable
given the changes are likely to have significant economic
effects. Its absence suggests that the measures in the Statement
were formed before these effects had been fully analysed and
understood. Moreover, the lack of an IA makes it impossible for
the Committee to fulfil its duty to scrutinise the Statement. The
Home Office accepted that its approach “should not be common
practice”. The Committee has called on the
department to publish the IA by the end of the current
Parliamentary summer recess.
Second, the Statement closes two schemes that assisted Afghans
who supported UK operations and aims in Afghanistan to resettle
in the UK. A submission to the Committee argued that this would
mean “permanently abandoning” people who need support,
particularly in the context of information about a data leak in
February 2022 revealed by the recent lifting of a
superinjunction. In response, the Home Office told the Committee
that the majority of those who are eligible had already applied
under the schemes, and that 95% of current applications are being
found to be ineligible.
The report draws the Statement to the special attention of the
House on the ground that the explanatory material
laid in support provides insufficient information to gain a clear
understanding about the instrument's policy objective and
intended implementation.
, Chair of the
Secondary Legislation Scrutiny Committee, said:
“It is a point we have made repeatedly, particularly to the
Home Office, that whenever the Government lays
legislation which potentially has significant real world
consequences, it must provide information on the
impact. Despite acknowledging this to be correct
practice, the Home Office has again failed to provide adequate
supporting information on the effect of these
changes.
“The restrictions on Skilled Worker visas are expected to
lead to a drop of 40% in the grant of these visas. The effects on
the care sector may be particularly acute. It is inexplicable
that information on the impact of this was not included in the
Explanatory Memorandum accompanying the Statement. We are
severely hampered in fulfilling our parliamentary scrutiny role
as a Committee, on behalf of the House of Lords, when we are not
given the level of detail necessary to enable effective scrutiny
of secondary legislation and we will continue to highlight
examples where departments fall short of this
obligation.
“The Minister has told us that an Impact Assessment will be
published as soon as possible. We have called on it
to be published before the end of the Parliamentary summer recess
and we will not hesitate to ask the Minister for an explanation
if our calls are ignored.”
Notes to Editors
- The Statement of Changes in Immigration Rules (HC 997) was laid by
the Home Office on 1 July 2025. The measures in the Statement
came into effect on 1 July 2025 and 22 July 2025.
- The Regulations are subject to the negative resolution
procedure and will not therefore be debated unless a Member of
the House puts down a motion. Under the negative resolution
procedure, if any Member wishes to object to regulations, a
motion (called a “prayer to annul”) must be debated within 40
days of laying (“the prayer period”). The prayer period for this
Statement of changes ends on 16 September 2025.
- The Secondary Legislation Scrutiny
Committee scrutinises policy aspects of all secondary
legislation laid before the House of Lords and subject to
proceedings in Parliament and reports on them weekly. More
information about the Secondary Legislation Scrutiny Committee
and its activities in scrutinising government legislation
is available on its webpage
