Immigration Asylum and Nationality Bill. Lords Committee stage second day. Grand Committee off the floor of the House (Moses Room). Clauses 4 to 19 agreed to. Schedule 1 agreed to.
Immigration, Asylum and Nationality Bill 2005-06
About these Parliamentary proceedings
Reference
677 c69-136GC Session
2005-06Legislative stage
Committee stageChamber / Committee
House of Lords Grand CommitteeRelated items
Immigration Asylum and Nationality Bill. Brought from Commons. Explanatory note HL Bill 43-EN also published.
Thursday, 17 November 2005
Bills
House of Lords
Thursday, 17 November 2005
Bills
House of Lords
Proceeding contributions
Lord Dholakia | 677 c73GC (Link to this contribution)
How will the Government ensure that the decision that the entry clearance officer takes and the ques...
Baroness Ashton of Upholland | 677 c76GC (Link to this contribution)
I am grateful to the noble Baroness for raising the point. The DCA is responsible for defining how c...
Show all contributions (106)
Lord Avebury | 677 c78-81GC (Link to this contribution)
I must apologise for having made two errors as regards the independent monitor on Monday. First, I s...
Baroness Ashton of Upholland | 677 c76GC (Link to this contribution)
Of course I did not infer any disrespect on the part of the noble Earl. It is only that I had alread...
Earl of Sandwich | 677 c76GC (Link to this contribution)
I hope that the noble Baroness does not think that I intended any disrespect by not moving Amendment...
Lord Dholakia | 677 c88-9GC (Link to this contribution)
The Minister seems to have placed considerable emphasis on the points-based system to remove the sub...
Baroness Ashton of Upholland | 677 c123GC (Link to this contribution)
I cannot say that offhand. I shall see what information we have.
Lord Avebury | 677 c123GC (Link to this contribution)
I am grateful to the Minister for that information. She says that during the most recent calendar ye...
Lord Lester of Herne Hill | 677 c122GC (Link to this contribution)
I know about that, but is the appropriate information in the code of practice?
Baroness Ashton of Upholland | 677 c124GC (Link to this contribution)
It will be in the next draft of the code.
Lord Avebury | 677 c127GC (Link to this contribution)
Am I right in thinking that the draft code just circulated by the noble Baroness is applicable to th...
Viscount Bridgeman | 677 c130GC (Link to this contribution)
I am most grateful to the noble Lord, Lord Avebury, for clarifying both for my understanding and the...
Lord Lester of Herne Hill | 677 c109-10GC (Link to this contribution)
I hope that I may make another point without tiring the Committee. I am not suggesting that the Gove...
Baroness Ashton of Upholland | 677 c119-20GC (Link to this contribution)
Again, I am grateful to noble Lords for their comments. Earlier today I had the privilege of meeting...
Baroness Ashton of Upholland | 677 c122-3GC (Link to this contribution)
I am told that it is implicit in the code. If the noble Lord cannot find the information, I will be ...
Baroness Ashton of Upholland | 677 c121-2GC (Link to this contribution)
Implicit in the code is exactly that expectation of the Secretary of State. The noble Lord will have...
Lord Dholakia | 677 c128GC (Link to this contribution)
This group of amendments includes Amendment No. 43, which we support. The Government talk of a ““fai...
Lord Dholakia | 677 c129GC (Link to this contribution)
I thank the noble Baroness for that.
Lord Lester of Herne Hill | 677 c132GC (Link to this contribution)
I shall make two points. First, I have raised the issue about the convention on the legal status for...
Lord Avebury | 677 c133GC (Link to this contribution)
We are talking about the United Nations convention on the protection of migrant workers. However, as...
Lord Hylton | 677 c133GC (Link to this contribution)
Does the noble Lord, Lord Avebury, agree that we are in fact talking about a Council of Europe conve...
Baroness Ashton of Upholland | 677 c134-5GC (Link to this contribution)
Or, indeed, the noble Lord’s digestion. The information that I have is about the European convention...
Viscount Simon | 677 c136GC (Link to this contribution)
The Committee stands adjourned until next Tuesday.
Baroness Ashton of Upholland | 677 c136GC (Link to this contribution)
I suggest that the Committee stands adjourned until next Tuesday.
Baroness Anelay of St Johns | 677 c91GC (Link to this contribution)
I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
[Amendments Nos. 20 to 23 n...
Lord Avebury | 677 c90-1GC (Link to this contribution)
I apologise for disrupting the order in which things ought to happen. I wanted to ask the Minister a...
Lord Dholakia | 677 c95GC (Link to this contribution)
I thank the Minister and I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Cl...
Lord Lester of Herne Hill | 677 c105GC (Link to this contribution)
I have already cast my vote in her favour.
Baroness Ashton of Upholland | 677 c105-8GC (Link to this contribution)
I have already cast my vote, but I am not sure that I can say the same.
I say to the noble Lord, Lo...
Baroness Ashton of Upholland | 677 c113-4GC (Link to this contribution)
As the noble Lord has indicated, the amendment provides for leave to continue following a decision t...
Baroness Ashton of Upholland | 677 c110GC (Link to this contribution)
The question is, should it be balanced and, if so, how? That may be an important factor which brings...
Lord Dholakia | 677 c114-5GC (Link to this contribution)
I thank the Minister for the little bit of comfort that there may be some changes to Clause 1. Certa...
Lord Avebury | 677 c114GC (Link to this contribution)
Does that mean that we have to rely on the Government finding a solution to Clause 1? There is not a...
Lord Hylton | 677 c119GC (Link to this contribution)
I am sure every Member of the Committee is totally opposed to, on the one hand, employers exploiting...
Lord Dholakia | 677 c120GC (Link to this contribution)
I hope that the Minister will be able to supply copies of the book to all Members of the Committee s...
Lord Avebury | 677 c120GC (Link to this contribution)
That is a good idea.
Lord Lester of Herne Hill | 677 c121GC (Link to this contribution)
Before the Minister leaves the question of penalty, will she say whether the Secretary of State will...
Viscount Ullswater | 677 c115GC (Link to this contribution)
I must advise the Committee that if Amendment No. 36 is agreed to I cannot call Amendment No. 37 due...
Baroness Carnegy of Lour | 677 c75-6GC (Link to this contribution)
I want to raise a point in relation to what the noble Baroness has just said in response to Amendmen...
Baroness Warwick of Undercliffe | 677 c81-2GC (Link to this contribution)
Amendments Nos. 19, 20 and 21 probe the Government’s intention on the future role of the independent...
Lord Dholakia | 677 c76-7GC (Link to this contribution)
I am grateful for the Minister’s comments on Amendment No. 16 because I too had intended to raise so...
Lord Avebury | 677 c86GC (Link to this contribution)
It was very kind of the Minister to give the figures. Does the increase in the number of cases that ...
Baroness Anelay of St Johns | 677 c89-90GC (Link to this contribution)
I am grateful to the noble Baroness for the great care and attention that she has taken in addressin...
Baroness Anelay of St Johns | 677 c90GC (Link to this contribution)
I am grateful. I have had a hint that the noble Lord, Lord Avebury, wishes to speak before I withdra...
Baroness Carnegy of Lour | 677 c88GC (Link to this contribution)
I am still wondering about the people for whom there is no appeal, which will happen in future. Is e...
Baroness Ashton of Upholland | 677 c88GC (Link to this contribution)
The reasons are recorded; I am not certain whether that is on a form, a tape or whatever. The way in...
Lord Dholakia | 677 c124GC (Link to this contribution)
The Minister was good enough to give the figures of 1,600 operations and 3,000 illegal immigrants. I...
Lord Lester of Herne Hill | 677 c123-4GC (Link to this contribution)
I am always a bit apprehensive of getting a filthy look when I am taxing the Minister’s patience, bu...
Baroness Ashton of Upholland | 677 c124-5GC (Link to this contribution)
The draft code is available to the noble Lord because that is the document which we hope to turn int...
Viscount Bridgeman | 677 c126-7GC (Link to this contribution)
moved Amendment No. 40:"Page 8, line 29, at end insert ““, or"
( ) the amount of the penalty w...
Lord Lester of Herne Hill | 677 c124GC (Link to this contribution)
Will we get a draft code so that we will be able to see other points of this kind where we can get h...
Baroness Ashton of Upholland | 677 c127-8GC (Link to this contribution)
Perhaps I may pick up that point because it might save a little time. The code is applicable at the ...
Baroness Ashton of Upholland | 677 c128-9GC (Link to this contribution)
I am extraordinarily grateful to the noble Lord, Lord Lester, for his comments, particularly on the ...
Baroness Ashton of Upholland | 677 c129-30GC (Link to this contribution)
I hope that we are going to tackle the important and legitimate concerns that have been raised on ho...
Lord Avebury | 677 c132GC (Link to this contribution)
I warmly welcome the amendments in the name of the noble Baroness, Lady Turner. I particularly endor...
Lord Lester of Herne Hill | 677 c134GC (Link to this contribution)
Leaving aside domestic matters, I was actually thinking of the UN convention, which is now much more...
Baroness Ashton of Upholland | 677 c133-4GC (Link to this contribution)
I am grateful to noble Lords for this important debate. My noble friend Lady Turner has sat through ...
Baroness Ashton of Upholland | 677 c94-5GC (Link to this contribution)
I do not have any figures with me. I agree that the number is probably very small, but such circumst...
Lord Avebury | 677 c93-4GC (Link to this contribution)
Does the Minister have any figures relating to what happens at the moment? As I understood the speec...
Baroness Ashton of Upholland | 677 c94GC (Link to this contribution)
I will try to address the point briefly but, I hope, effectively. The position that exists now will ...
Baroness Ashton of Upholland | 677 c91GC (Link to this contribution)
I can only reiterate the information that I have, but of course I would not want to mislead the Comm...
Lord Lester of Herne Hill | 677 c103-5GC (Link to this contribution)
I apologise that I could not be here for half of the speech by my noble friend. I put my name to the...
Lord Avebury | 677 c100GC (Link to this contribution)
I have no option but to withdraw the amendment as that is how things work in Grand Committee. It is ...
Baroness Ashton of Upholland | 677 c100-1GC (Link to this contribution)
I used the Ullahcase not to highlight the point about religion but to describe what happened in thos...
Lord Avebury | 677 c101GC (Link to this contribution)
As the Minister will be aware, she must satisfy not only this Committee but also the Joint Committee...
Lord Avebury | 677 c95-8GC (Link to this contribution)
moved Amendment No. 25:"Page 4, leave out lines 33 to 35."
The noble Lord said: I believe that Clau...
Lord Dholakia | 677 c111-3GC (Link to this contribution)
moved Amendment No. *27A:"Page 6, line 7, leave out ““(2)(b) and”” and insert ““(2)””"
The noble Lo...
Baroness Ashton of Upholland | 677 c114GC (Link to this contribution)
If I am successful in coming up with a solution under Clause 1—if I consider that that is an appropr...
Baroness Ashton of Upholland | 677 c109GC (Link to this contribution)
The noble Lord makes his case very well, but I will make two points. First, in the subsequent cases,...
Viscount Bridgeman | 677 c115-7GC (Link to this contribution)
moved Amendment No. 36:"Page 7, line 37, leave out from ““he”” to end of line 41 and insert ““took r...
Lord Dholakia | 677 c119GC (Link to this contribution)
This group of amendments contains Amendments Nos. 36 and 38. The Committee will see that this side s...
Lord Dholakia | 677 c69-71GC (Link to this contribution)
moved Amendment No. 17:"Page 3, line 20, at beginning insert ““for the purposes of subsection (1)(b)...
Lord Avebury | 677 c71-2GC (Link to this contribution)
My noble friend kindly invited me to make any comments that occurred to me after the noble Baroness ...
Baroness Ashton of Upholland | 677 c72-3GC (Link to this contribution)
I am grateful to the noble Lord, Lord Avebury, for his final comments about entry clearance officers...
Lord Avebury | 677 c74GC (Link to this contribution)
My noble friend was suggesting, not that the Government were trying to reintroduce the primary purpo...
Baroness Ashton of Upholland | 677 c73-4GC (Link to this contribution)
Primary Purpose Rule 50, introduced in 1980, stated:"““An entry clearance will be refused if the ent...
Baroness Ashton of Upholland | 677 c74-5GC (Link to this contribution)
I am grateful to the noble Lord for going into more detail about that. The purpose of the whole syst...
Baroness Ashton of Upholland | 677 c83-6GC (Link to this contribution)
I am always grateful to noble Lords for going into detail on the issues that they want me to cover. ...
Baroness Carnegy of Lour | 677 c82-3GC (Link to this contribution)
If I may say so, that was a very important contribution from someone who has been quite close to man...
Baroness Carnegy of Lour | 677 c87GC (Link to this contribution)
I may be being stupid about this, but the Minister said that the independent monitor would report si...
Lord Lester of Herne Hill | 677 c124GC (Link to this contribution)
I am very grateful indeed.
Baroness Ashton of Upholland | 677 c124GC (Link to this contribution)
That is a very interesting point. I do not have the answer at my fingertips, but I will let the nobl...
Viscount Bridgeman | 677 c126GC (Link to this contribution)
I am most grateful for the support in depth from noble Lords on the Liberal Democrat side and from t...
Lord Lester of Herne Hill | 677 c128GC (Link to this contribution)
When I first saw that this is described as a civil penalty, my suspicious mind caused me to wonder w...
Baroness Turner of Camden | 677 c132GC (Link to this contribution)
Perhaps I could clarify that. I had sought a system of regularisation to enable illegal workers to b...
Baroness Turner of Camden | 677 c130-2GC (Link to this contribution)
moved Amendment No. 46:"Page 10, line 11, at end insert—"
““( ) The factors to be considered b...
Lord Avebury | 677 c132-3GC (Link to this contribution)
The noble Baroness did not say that the Government had set their face against the United Nations con...
Baroness Anelay of St Johns | 677 c135GC (Link to this contribution)
Perhaps I may try to clear up some of the confusion I caused by saying that I would speak to Amendme...
Baroness Turner of Camden | 677 c135-6GC (Link to this contribution)
I thank my noble friend for her sympathetic response. I look forward to reading it in Hansard. I am ...
Baroness Ashton of Upholland | 677 c135GC (Link to this contribution)
I am grateful for that. What the noble Baroness says is absolutely right but I will confirm that to ...
Lord Dholakia | 677 c94GC (Link to this contribution)
Can the Minister give us any indication of how many cases there are of someone coming to this countr...
Lord Dholakia | 677 c91-3GC (Link to this contribution)
moved Amendment No. 24:"Page 4, leave out lines 10 and 11 and insert—"
““(b) section 92(3C) appl...
Lord Hylton | 677 c93GC (Link to this contribution)
The amendment gives me the opportunity to ask a question, although in doing so I shall probably disp...
Baroness Ashton of Upholland | 677 c105GC (Link to this contribution)
I am grateful to the noble Lord, Lord Avebury, and the noble Lord, Lord Lester, who I of course forg...
Lord Avebury | 677 c101-3GC (Link to this contribution)
moved Amendment No. 27:"Page 5, leave out line 1."
The noble Lord said: The effect of the amendment...
Baroness Ashton of Upholland | 677 c98-100GC (Link to this contribution)
I am grateful to the noble Lord for giving me the opportunity to talk a little more about the purpos...
Lord Avebury | 677 c110-1GC (Link to this contribution)
We do not really know what arguments the noble Baroness’s colleagues will present at Strasbourg, but...
Lord Lester of Herne Hill | 677 c108GC (Link to this contribution)
I am extremely grateful to the Minister. She has certainly answered, but whether she has answered sa...
Baroness Ashton of Upholland | 677 c120-1GC (Link to this contribution)
The implication of that is that I have any control whatever over the Home Office budget. However, I ...
Lord Avebury | 677 c117-9GC (Link to this contribution)
With this amendment, we are also discussing Amendment No. 39, which stands in my name and that of my...
Baroness Anelay of St Johns | 677 c71GC (Link to this contribution)
As the noble Lord, Lord Dholakia, said, my name is on Amendment No. 22. I am grateful for his suppor...
Baroness Anelay of St Johns | 677 c77-8GC (Link to this contribution)
moved Amendment No. 19:"Page 3, line 32, at end insert—"
““( ) A person who may not appeal und...
Baroness Ashton of Upholland | 677 c86-7GC (Link to this contribution)
I am not saying that the number of cases will rise. If the noble Lord will permit me, I shall write ...
Baroness Ashton of Upholland | 677 c90GC (Link to this contribution)
Any letters that I send to any Members of the Committee I will immediately copy to all Members of th...
Baroness Ashton of Upholland | 677 c87-8GC (Link to this contribution)
The noble Baroness is never stupid; in fact, I am always wary when she gets up at the end of a debat...
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