UK Borders Bill

Clause 14 deals with the code of practice covering the penalties that may be imposed on a person who fails to comply with any of the regulations to be made under Clause 5(1). The amendment clarifies the first code of practice for determining whether to impose a penalty on a person who fails to comply with any of the regulations made under Clause 5(1) and, if so, the matters to be considered in determining the amount. The code may require the Secretary of State to consider the non-financial penalties that may come into play automatically under Clause 7, or they may be imposed at the entire discretion of the Secretary of State. I noticed the extensive powers granted under that paragraph more recently than I should have done. We may have to return to Clause 7(2)(e) on another occasion because it is a very sweeping power. The provisions in Clause 7 may have a drastic effect on a person’s life. For example, the withdrawal of leave to enter may cause a person’s university studies to be terminated or his leave to remain here for employment to come to an end, wrecking his future career. In view of that, I should be grateful for an assurance from the Minister that the code will require any decision made under Clause 7 to be considered when deciding whether a fine should be imposed and, if so, by how much.