My Lords, as the Minister has outlined, these rules make amendments to bring the 2003 rules into line with the provisions of the Immigration Act 2014. The first change to the rules is the removal of the current right of appeal to SIAC against deportation decisions where there are no human rights grounds and the application of a new section of the Special Immigration Appeals Commission Act 1997 allowing SIAC to deal with these by way of a statutory review. Appeal rights properly and rightly remain for human rights matters. Will the Minister comment on whether any thought has been given to whether the restriction of these appeal rights is likely
to increase the number of cases claiming human rights as a reason? Has any further work been done on the potential cost in that case? Have the Government taken account of those costs when they looked at the savings they think they will make?
On the forum for appeals, we are always concerned when there is an extension of the use of closed material procedures. Will the Minister say something further about the matters that will be dealt with by SIAC rather than the High Court by a process of statutory review rather than by judicial review? I assume that the terms will be of a similar effect. I was pleased when the Minister confirmed that asylum will be looked at on human rights grounds, using the same criteria as the High Court. I agree with his comments about the members of the judiciary who work in that court.
On the question of bail, some concerns have been raised as to what constitutes material change. Could the Minister say a bit more about that as well? I get his point about renewed bail applications being permitted only when there has been material change. I assume that I am right in thinking that a procedural defect would be a very serious material change. Could he outline any further things that would constitute material change? With that, I accept that these are important and serious matters and matters of national security and I am happy to support the rules.