Under this order, the complaint will be processed and forwarded to the monitor. But, of course, that process will not kick in until the monitor is appointed. I will ensure that the noble Lord, Lord Avebury, is given more information on how the monitor works so that he can be fully satisfied on that point. The noble Lord also asked what requirements have been laid down under Article 3(2) of the Le Touquet agreement. Perhaps I misunderstood, but the maximum period for which an ASO can detain a person is three hours. I cannot see how Article 3(2) is entirely relevant to the order, but we are more than happy to provide the noble Lord with more detail, should he wish it. Perhaps he will flesh out his question so that we can provide a fuller response.
The noble Lord also asked about the detention of children, on which he made a number of points. We have offered to facilitate a meeting between the noble Lord and the Children’s Commissioner, Al Aynsley-Green. I am not aware that that meeting has taken place, but the offer still stands. Children detected are taken immediately to an immigration officer. If the minor does not qualify for entry to the United Kingdom, he or she is handed to the French authorities and is dealt with under its domestic law. The French have well established procedures for the welfare of unaccompanied children.
The noble Lord, Lord Avebury, also asked about ILPA and the question of vires. We will respond to ILPA’s very long and generally helpful comments. We are satisfied that we are acting within our vires and that ILPA’s comments, while useful, are not an issue. Again, I would be happy to share our response with the noble Lord if ILPA is content with that. For the avoidance of doubt, I can confirm that this order relates to the ports at Calais, Dunkerque and Boulogne.
I will undertake to write to the noble Lord, Lord Dholakia, in detail in response to his question on the IPCC, but it is my understanding that the IPCC will not oversee the juxtaposed controls. I shall of course need to ask my officials to ensure that that is the case.
That answers most of the main points but, as I said earlier, I would be more than happy to flesh out some more of the detail and specifics, particularly in relation to the pertinent questions posed by the noble Lord, Lord Avebury.
On Question, Motion agreed to.
Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006
Proceeding contribution from
Lord Bassam of Brighton
(Labour)
in the House of Lords on Monday, 30 October 2006.
It occurred during Debates on delegated legislation on Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2006.
About this proceeding contribution
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686 c25-6GC Session
2005-06Chamber / Committee
House of Lords Grand CommitteeSubjects
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