UK Borders Bill

I do not think that it was claimed in the case of the young man in the Shetlands that Article 8 did come into play. The argument for his presence being conducive to the public good was that he had been living in the Shetlands for 14 years, that in all respects he was a valuable citizen to this country, that he had achieved important distinctions in his activities on behalf of the Shetlands and that a large number of people asked for him to remain. In the end their arguments prevailed. If the same circumstances arose under this Bill it would have been impossible for the Secretary of State to exercise his discretion in the young man’s favour. In the future it will not even be necessary for someone to have been sentenced to imprisonment. As the Minister can confirm, if someone receives a suspended sentence—presumably for a fairly minor offence, because the courts do not give out suspended sentences for the sorts of offences, such as drug dealing, that the noble Lord described a few minutes ago—and he breaches the terms of the licence for some reason, that will immediately call into play the automatic deportation provisions of the clause. The absence of any discretion on the part of the Secretary of State to refrain from exercising deportation in any circumstances not covered by the exceptions is too restrictive and should be altered. I can see that we will get nowhere in the debate on this clause and that we will have to return to the point on Report. Meanwhile, I beg leave to withdraw the amendment. Amendment, by leave, withdrawn. [Amendments Nos. 54 to 56 not moved.] Clause 31 agreed to. [Amendment No. 57 not moved.] Clause 32 [Exceptions]: