UK Borders Bill. Lords Committee stage fifth day. Grand Committee held in the Moses Room.
UK Borders Bill
About these Parliamentary proceedings
Reference
694 c115-72GC Session
2006-07Legislative stage
Committee stageChamber / Committee
House of Lords Grand CommitteeRelated items
UK Borders Bill. Brought from the Commons. Explanatory Notes HL Bill 68-EN also published.
Thursday, 10 May 2007
Bills
House of Lords
Thursday, 10 May 2007
Bills
House of Lords
Proceeding contributions
Baroness Carnegy of Lour | 694 c151GC (Link to this contribution)
Is the Minister able to confirm or deny the suggestion of the noble Lord, Lord Hylton, that some 50 ...
Lord Brougham and Vaux | 694 c115GC (Link to this contribution)
Good afternoon and welcome to the fifth day of the UK Borders Bill. There may be a Division. If ther...
Show all contributions (93)
Lord Hylton | 694 c121GC (Link to this contribution)
Since the Official Opposition are so bashful, I shall go next.
Baroness Anelay of St Johns | 694 c128GC (Link to this contribution)
Before the noble Lord, Lord Judd, seeks to withdraw his amendment, perhaps I may first thank the Min...
Lord Bassam of Brighton | 694 c145GC (Link to this contribution)
The particular wording applies to all of the exceptions in Clause 32(7), and is intended to ensure t...
Lord Bassam of Brighton | 694 c161-2GC (Link to this contribution)
I would like to be able to give the noble Earl an answer because he is trying to make a fair point. ...
Lord Judd | 694 c152-4GC (Link to this contribution)
moved Amendment No. 60:
60: After Clause 35, insert the following new Clause—
““Detention by the S...
Lord Bassam of Brighton | 694 c151GC (Link to this contribution)
On the noble Lord’s first point, Clause 35(2) requires the Secretary of State to detain a person onc...
Lord Judd | 694 c118-9GC (Link to this contribution)
moved Amendment No. 51:
51: Clause 30, page 16, line 8, at end insert—
““(5) Where there are reaso...
Lord Bassam of Brighton | 694 c116-7GC (Link to this contribution)
At present, there is no specific offence of assaulting an immigration officer. Assaults on immigrati...
Earl of Listowel | 694 c126GC (Link to this contribution)
I apologise to the Minister for not having made myself clear. I did not really want the Minister to ...
Lord Avebury | 694 c126-7GC (Link to this contribution)
I think I know the case to which the noble Earl is referring. I believe that the person was charged ...
Baroness Anelay of St Johns | 694 c121GC (Link to this contribution)
As I have explained before, it is for the convenience of the House that the opposition spokesman sho...
Lord Judd | 694 c129-30GC (Link to this contribution)
I thank the Minister for his very courteous and characteristically full reply to this interesting de...
Lord Henley | 694 c137GC (Link to this contribution)
As the noble Lord, Lord Avebury, explained, Amendments Nos. 53 and 56 restore some of the discretion...
Lord Bassam of Brighton | 694 c135GC (Link to this contribution)
I want us to move on. I do not want to detain the Committee but will happily write to the noble Lord...
Lord Avebury | 694 c136-7GC (Link to this contribution)
moved Amendment No. 53:
53: Clause 31, page 16, line 23, leave out ““is”” and insert ““shall be pr...
Lord Judd | 694 c144GC (Link to this contribution)
That last intervention by the Minister is at least a marginal encouragement. My noble friend sometim...
Lord Hylton | 694 c144GC (Link to this contribution)
This enables me to raise a small point in Clause 32(7), which says that an exception, "““does not pr...
Lord Avebury | 694 c138-9GC (Link to this contribution)
I do not think that it was claimed in the case of the young man in the Shetlands that Article 8 did ...
Lord Avebury | 694 c140-1GC (Link to this contribution)
I have a great deal of sympathy with the amendment proposed by the noble Lord, Lord Judd. In decidin...
Lord Avebury | 694 c143GC (Link to this contribution)
Before the noble Lord, Lord Judd, replies, I point out that the Minister has not dealt with an extre...
Lord Bassam of Brighton | 694 c143GC (Link to this contribution)
I will consider it, but whether I will agree is another issue. I will give it some thought.
Lord Bassam of Brighton | 694 c147GC (Link to this contribution)
I am entirely at one with the intention behind the amendment. Indeed, one could argue that it would ...
Lord Avebury | 694 c146GC (Link to this contribution)
The amendment requires the notice of intention to deport to be made within three months of the end o...
Lord Bassam of Brighton | 694 c144GC (Link to this contribution)
The exception is there to protect those who may have been suffering from some mental ill health at t...
Lord Hylton | 694 c171GC (Link to this contribution)
There are two minutes to go. I question whether Clause 50 is necessary and whether it ties the hands...
Lord Bassam of Brighton | 694 c172GC (Link to this contribution)
The noble Lord is testing me; I do not have an answer to his question. I think that he will have to ...
Lord Hylton | 694 c157GC (Link to this contribution)
I support everything that has been said so far on this group. I particularly pick out Amendment No. ...
Lord Bassam of Brighton | 694 c159-60GC (Link to this contribution)
I pay tribute, as ever, to my noble friend Lord Judd for his diligence and passion on these issues. ...
Baroness Anelay of St Johns | 694 c157-9GC (Link to this contribution)
I support Amendment No. 63 to which I have added my name. I thank both UNICEF UK and ECPAT UK for th...
Lord Bassam of Brighton | 694 c160GC (Link to this contribution)
That is a reasonable question. Cases of families with children in detention are referred to the Mini...
Earl of Listowel | 694 c160GC (Link to this contribution)
Does the Minister know how many of those children had previously been detained? Can he indicate whet...
Lord Avebury | 694 c170GC (Link to this contribution)
Before the Minister sits down, I wish to clarify that when he says that he does not wish to lose the...
Lord Bassam of Brighton | 694 c168-70GC (Link to this contribution)
I suspect that this will be the last group of amendments we discuss this evening. I express my grati...
Lord Avebury | 694 c166-8GC (Link to this contribution)
The noble Baroness wants the chief inspector to have the power to investigate individual cases, but ...
Lord Judd | 694 c147-8GC (Link to this contribution)
I am very grateful to the noble Lords, Lord Avebury and Lord Hylton, for their interventions on this...
Lord Avebury | 694 c148-9GC (Link to this contribution)
We have just been talking about how the Secretary of State can continue to detain a person after the...
Lord Hylton | 694 c151GC (Link to this contribution)
I may have misheard the Minister, but I thought he said that something in this clause obliged the Se...
Lord Bassam of Brighton | 694 c151GC (Link to this contribution)
I am advised that the noble Lord’s statistics are not far off; they are about right.
Lord Avebury | 694 c151-2GC (Link to this contribution)
I am grateful to the noble Lord for the explanations that he has given, but will he look again at hi...
Lord Avebury | 694 c117-8GC (Link to this contribution)
Obviously I have no option but to withdraw my objection to the clause, because that is how the proce...
Lord Hylton | 694 c116GC (Link to this contribution)
I fail to see why such assaults on immigration officers could not be dealt with under normal crimina...
Lord Avebury | 694 c119-21GC (Link to this contribution)
I pay tribute again to the noble Lord, Lord Judd, on his remarkably assiduous work on the Joint Comm...
Earl of Listowel | 694 c122GC (Link to this contribution)
During a meeting two weeks ago with the Director of Public Prosecutions about trafficking, an exampl...
Lord Roberts of Llandudno | 694 c121GC (Link to this contribution)
I strongly support the amendment. I also reinforce the suggestion made by my noble friend Lord Avebu...
Lord Bassam of Brighton | 694 c132-3GC (Link to this contribution)
I am grateful to the noble Lord, Lord Avebury, as this debate gives us a chance to focus a little at...
Lord Hylton | 694 c132GC (Link to this contribution)
I support this amendment because I am concerned that Clause 31(1)(b) simply says, "““who is convicte...
Baroness Anelay of St Johns | 694 c130GC (Link to this contribution)
The noble Lord, Lord Judd, has come to the end of his peroration but he makes an extremely important...
Lord Judd | 694 c130-1GC (Link to this contribution)
I am grateful to the noble Baroness for that intervention. Of course, this applies also to adults. W...
Lord Avebury | 694 c130GC (Link to this contribution)
It was reinforced.
Lord Judd | 694 c130GC (Link to this contribution)
Indeed. I thank the noble Lord for making that point.
The observations of the noble Baroness, Lady ...
Lord Avebury | 694 c133-4GC (Link to this contribution)
The Minister said that the list of offences defined under Section 72(4)(a) is constantly changing, a...
Lord Avebury | 694 c135GC (Link to this contribution)
I am grateful to the Minister for that supplementary remark. He said in the first part of his remark...
Lord Avebury | 694 c134GC (Link to this contribution)
I am very surprised to hear the Minister say that fraud and counterfeiting cannot attract a sentence...
Lord Avebury | 694 c135-6GC (Link to this contribution)
The noble Lord may not think so but the courts which have to interpret these Acts may find difficult...
Lord Judd | 694 c139-40GC (Link to this contribution)
moved Amendment No. 58:
58: Clause 32, page 17, line 6, leave out ““conviction”” and insert ““the ...
Lord Roberts of Llandudno | 694 c141-2GC (Link to this contribution)
I support this amendment. During the previous day in Committee, we discussed how we establish the ag...
Lord Bassam of Brighton | 694 c142-3GC (Link to this contribution)
I am grateful to my noble friend for raising the issue. I think that I will disappoint him, but I do...
Baroness Anelay of St Johns | 694 c146-7GC (Link to this contribution)
I agree entirely with the noble Lord, Lord Hylton. I support the amendment, but perhaps for complete...
Lord Judd | 694 c145-6GC (Link to this contribution)
moved Amendment No. 59:
59: Clause 33, page 17, line 42, leave out ““at a time chosen by the Secre...
Baroness Anelay of St Johns | 694 c145GC (Link to this contribution)
I am a bit concerned. I do not entirely agree with the noble Lord, Lord Hylton, on this, but I see w...
Viscount Simon | 694 c172GC (Link to this contribution)
The Committee stands adjourned until Wednesday.
Baroness Anelay of St Johns | 694 c170GC (Link to this contribution)
That was a very helpful final question from the noble Lord, Lord Avebury. As ever, I shall read with...
Lord Avebury | 694 c160GC (Link to this contribution)
The rigorous and frequent review includes reference to the Minister at certain points, does it not? ...
Lord Avebury | 694 c160GC (Link to this contribution)
How many times has the Minister not agreed to continued detention?
Earl of Listowel | 694 c155-7GC (Link to this contribution)
Amendments Nos. 63 and 64 in this group are in my name. Amendment No. 63 deals with record keeping. ...
Baroness Anelay of St Johns | 694 c165-6GC (Link to this contribution)
moved Amendment No. 67:
67: Clause 47, page 26, line 30, leave out subsection (4) and insert—
““(4...
Earl of Listowel | 694 c163-4GC (Link to this contribution)
I thank the Minister for that lengthy and helpful response. On the keeping of records, to which the ...
Lord Avebury | 694 c162GC (Link to this contribution)
Having visited Dungavel myself, I endorse the chief inspector’s comments, but that was not the estab...
Lord Avebury | 694 c154-5GC (Link to this contribution)
I reiterate my thanks to the Minister for his helpful letter of 19 July in which he goes into a cert...
Lord Bassam of Brighton | 694 c149-51GC (Link to this contribution)
I am grateful to the noble Lord for raising those issues. Clause 35 gives the Secretary of State the...
Lord Avebury | 694 c115-6GC (Link to this contribution)
I wonder what we shall do on wet Monday afternoons for the rest of the summer when we no longer have...
Lord Bassam of Brighton | 694 c124-6GC (Link to this contribution)
I do not think that there is a great deal of difference between Members of the Committee on how we v...
Lord Bassam of Brighton | 694 c127-8GC (Link to this contribution)
I am not going to express a general view on this, because it would be unwise to do so. One has to lo...
Lord Hylton | 694 c121-2GC (Link to this contribution)
I am intrigued to know what line the Conservative Party is taking on this important amendment which ...
Baroness Anelay of St Johns | 694 c122-4GC (Link to this contribution)
I shall also speak to Amendment No. 65, which is tabled in my name.
Noble Lords have tended to conc...
Lord Avebury | 694 c131-2GC (Link to this contribution)
moved Amendment No. 52:
52: Clause 31, page 16, line 16, leave out ““12 months”” and insert ““two ...
Earl of Listowel | 694 c128-9GC (Link to this contribution)
I was grateful for the Minister’s reply to my concerns and for the comments of the noble Lord, Lord ...
Lord Bassam of Brighton | 694 c134GC (Link to this contribution)
Only if the sentence is activated; in other words, if a person is sent to prison by the court.
The ...
Lord Avebury | 694 c134GC (Link to this contribution)
The second question was whether a person who is given a suspended sentence of imprisonment for any o...
Lord Bassam of Brighton | 694 c134GC (Link to this contribution)
I can confirm the noble Lord’s first observation about the number of offences covered by the section...
Lord Bassam of Brighton | 694 c134-5GC (Link to this contribution)
I made a note to refer to that, which I did not do. I was interested in that line of argument, altho...
Lord Bassam of Brighton | 694 c137-8GC (Link to this contribution)
I am grateful to noble Lords who have contributed to this short debate. Clause 31(5) places an oblig...
Lord Hylton | 694 c141GC (Link to this contribution)
This is an important amendment, because the Bill does not take account of the delays that can occur ...
Lord Hylton | 694 c146GC (Link to this contribution)
I support the amendment. Earlier in Committee, I expressed the hope—which has not so far been satisf...
Viscount Simon | 694 c171GC (Link to this contribution)
The Question is that Clauses 50 to 55 be agreed to.
Baroness Carnegy of Lour | 694 c157GC (Link to this contribution)
These are clearly crucial matters. A report on what is happening is a good way of following the fact...
Lord Bassam of Brighton | 694 c160GC (Link to this contribution)
The noble Lord is testing the edge of my knowledge of detention periods. My understanding is that th...
Lord Judd | 694 c164-5GC (Link to this contribution)
First, I am very grateful to all those who have participated in the debate. The more I have sat on t...
Lord Bassam of Brighton | 694 c162-3GC (Link to this contribution)
I do not have a response to that point, except to say that the inspector made some positive comments...
Lord Bassam of Brighton | 694 c170GC (Link to this contribution)
The intention is that she will continue to inspect the detention estate.
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