With the leave of the House, I shall respond to some of the points that have been raised. I do not agree with the manuscript amendments to new clause 18 that were tabled by the right hon. Member for Delyn (Mr Hanson). It is right for the Secretary of State, as someone who is democratically accountable, to take the initial decision, but I confirm that there will be a full right of appeal, so a judicial process will apply. I accept that the Opposition have concerns about the new clause, so I will be happy for the Minister for Immigration to sit down with the right hon. Gentleman and go through his concerns before the provision is considered by the other place. I hope that that will be of benefit to him and that it brings him some comfort.
I stress again that I strongly support the intention behind new clause 15, which was tabled by my hon. Friend the Member for Esher and Walton (Mr Raab). Everyone in the House wants to ensure that we can deport more foreign criminals, but it is absolutely clear that the provision, as drafted, is incompatible with the European convention on human rights. Crucially, it would weaken at least two aspects of the Bill, given that it does not deal with persistent offenders who have been subject to sentences of less than 12 months. I am also worried that it provides for an exception to apply when a child has not lived in the country for a significant time and does not have a relationship with their parent. Our Bill requires that a child must be British, that they must have lived in the country for a particular period of time, and that there must be a genuine and subsisting relationship with the child. Given its drafting, the new clause would cause problems in the sort of cases that the right hon. Member for Blackburn (Mr Straw) talked about.
There are also concerns that the drafting of the new clause would lead to a number of rule 39 cases. However, I recognise that there are issues—the right hon. Gentleman said this—with some of the language in the new clause, which we can consider and come back to. As drafted, I do not think that it is appropriate, but Conservative Ministers will abstain from the vote.
I said that I would mention rule 39, on which I intervened earlier. The reasons why I am concerned that the amendment would lead to fewer deportations are:
first, because the language in the amendment in relation to children would lead to significant litigation; and secondly, because although article 8, under the current system, does not lead to rule 39 orders—
4 pm
Debate interrupted (Programme Order, 22 October 2013).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the clause be read a Second time.
Question agreed to.
New clause 11 accordingly read a Second time, and added to the Bill.
The Deputy Speaker then put forthwith the Questions necessary for the disposal of business to be concluded at that time (Standing Order No. 83E).