I am most grateful to other noble Lords for those interventions. They highlight the fact that, although we are considering a small number of cases, we have not conceded the proposition that they can all be dealt with on a discretionary basis. From the experience that we have had with Section 27(1) on the Hong Kong issue, where discretion was not exercised in favour of a particular small group, we think that as a result of the discussions that we will have with the Minister we will end up with certain amendments to the statutes that will bring in the small number of persons involved in each case.
We are not talking about the exercise of an individual ministerial discretion in any of the amendments that we have moved. We are talking about trying to persuade the Government that these are matters that have to be dealt with by primary legislation or by order, although there may be one or two cases—I am not conceding that; I am just speaking off the top of my head—where the exercise of discretion would be adequate. We think that in nearly every case we are going to have to persuade the Government that some modification of the BNA will be necessary to give effect to the proposals that we have made, even though they relate to a very small number of persons. For the time being, I beg leave to withdraw the amendment.
Amendment 100 withdrawn.
Amendments 101 to 101B not moved.
Borders, Citizenship and Immigration Bill [HL]
Proceeding contribution from
Lord Avebury
(Liberal Democrat)
in the House of Lords on Wednesday, 4 March 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Borders, Citizenship and Immigration Bill [HL].
About this proceeding contribution
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2008-09Chamber / Committee
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