My Lords, I am not quite clear about the noble Lord’s point. If the educational establishment is not properly registered and we do not recognise it, we would not allow that to be a way for the person to come into this country in the first place to study. Therefore, we do not think it appropriate for him or her to come here and then say after a matter of months, ““I am moving to the school of guerrilla warfare in northern so-and-so””. We want them to go to properly recognised educational establishments. If they move, we should be aware of the fact and their telling us should be of no difficulty to them. Then we can monitor and keep track of all those people, which we are unable to do at the moment.
Clause 48 ensures comprehensive powers to take the fingerprints of foreign criminals subject to automatic deportation. Clause 49 extends powers already available in Northern Ireland, England and Wales to Scotland to allow immigration officers to detain at port for up to three hours a person subject to a warrant for arrest.
In Part 4, Clause 50 will provide the administrative court and equivalents in devolved areas greater flexibility in handling immigration judicial reviews. It will allow the transfer of suitable cases to the Upper Tribunal of the new unified tribunals system established under the Tribunals, Courts and Enforcement Act 2007. That clause will be commenced only if it is decided to move the Asylum and Immigration Tribunal to that system.
Finally, the Bill introduces a duty on the UK Border Agency to safeguard and promote the welfare of children in its work, a clause welcomed by the Children’s Commissioner for England, Sir Al Aynsley-Green, in the following terms: "““a significant step forward to creating an immigration regime that places the best interests of all children at the heart of the decision making process””."
In conclusion, as I have made clear, the Bill is focused on immediate changes necessary to build the UK Border Agency and bolster its ongoing work, and to implement the Government’s new approach to earned citizenship. It makes important provisions which will make our system both firmer and fairer, while our wider work to reform and simplify immigration law continues. I beg to move.
Borders, Citizenship and Immigration Bill [HL]
Proceeding contribution from
Lord West of Spithead
(Labour)
in the House of Lords on Wednesday, 11 February 2009.
It occurred during Debate on bills on Borders, Citizenship and Immigration Bill [HL].
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2008-09Chamber / Committee
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