Moved by
Lord Bates
91: Schedule 9, page 148, line 38, leave out sub-paragraphs (3) to (5) and insert—
“(2A) Sub-paragraph (1B)(a) does not apply to a person who is granted immigration bail by the Secretary of State if the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
(a) impractical, or
(b) contrary to the person’s Convention rights.
(2B) Where sub-paragraph (2A) applies, the Secretary of State must not grant immigration bail to the person subject to an electronic monitoring condition.
(2C) Sub-paragraph (1B)(a) does not apply to a person who is granted immigration bail by the First-tier Tribunal if the Secretary of State informs the Tribunal that the Secretary of State considers that to impose an electronic monitoring condition on the person would be—
(a) impractical, or
(b) contrary to the person’s Convention rights.
(2D) Where sub-paragraph (2C) applies, the First-tier Tribunal must not grant immigration bail to the person subject to an electronic monitoring condition.
(2E) In considering for the purposes of this Schedule whether it would be impractical to impose an electronic monitoring condition on a person, or would be impractical for a person to continue to be subject to such a condition, the Secretary of State may in particular have regard to—
(a) any obstacles to making arrangements of the kind mentioned in paragraph 4 in relation to the person,
(b) the resources that are available for imposing electronic monitoring conditions on persons to whom sub-paragraph (1A) applies and for managing the operation of such conditions in relation to such persons,
(c) the need to give priority to the use of those resources in relation to particular categories of persons to whom that sub-paragraph applies, and
(d) the matters listed in paragraph 3(2) as they apply to the person.
(2F) In this Schedule “Convention rights” is to be construed in accordance with section 1 of the Human Rights Act 1998.”