Again I am sorry to prolong the proceedings but the noble Lord has not answered my precise question. The penalties are described in Clause 14, and the code which covers the penalties may require the Secretary of State to consider the non-financial penalties in Clause 7. My question to the Minister was whether, instead of giving the Secretary of State the option of considering the penalties under Clause 7 when deciding whether to impose a financial penalty, the code would oblige him to do so. The penalties which may come into play under Clause 7 could have a devastating effect on the lives of the persons concerned and should be taken into consideration in deciding whether to impose a financial penalty.
If the Bill were left alone and the Government do not give me the assurance that I seek, it would allow them to impose a financial penalty on a person who fails to comply with any of the provisions in the regulations in Clause 5(1) and can then remove his leave to enter or to remain. We seem to be imposing two penalties for the same offence and therefore, at the very least, the Secretary of State should have to consider the impact of the penalties imposed under Clause 7 when deciding whether to impose a financial penalty as well.
UK Borders Bill
Proceeding contribution from
Lord Avebury
(Liberal Democrat)
in the House of Lords on Thursday, 12 July 2007.
It occurred during Debate on bills
and
Committee proceeding on UK Borders Bill.
About this proceeding contribution
Reference
693 c234GC Session
2006-07Chamber / Committee
House of Lords Grand CommitteeSubjects
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