Immigration, Asylum and Nationality Bill

I am always a bit apprehensive of getting a filthy look when I am taxing the Minister’s patience, but I have looked at the draft code and am sorry to say that what we are talking about is not there. I am sure she agrees that nothing in the Bill says that the penalty must be proportionate. The only way in which it is dealt with is by saying that you can appeal—you can make an objection that it is too high and make an appeal. That gets you into the toils of the system and is fine. But when you go back to the code, the governing guidance to immigration officers and the Minister, page 5—the framework—gives what I can only regard as characteristic Home Office rubbery and elusive language. It does not say anything about an overriding obligation not to use a sledgehammer to crack a nut—not to be disproportionate. The framework states:"““The reductions provide guidelines to Immigration Officers and are indicative only””," whatever that means. It continues:"““Immigration Officers retain discretion to adjust the amount of penalty according to the facts of each individual case. Where an objection is made to the Secretary of State, this framework will be considered, but the amount of penalty will be finally determined by issues raised and evidence provided””." That simply does not provide the standard on which the Minister apparently agrees—that the penalty must be properly proportionate. Can that be put into the Bill or the code to make it clear, please?