Clause 53 - Deception
Nationality, Immigration and Asylum Bill
6:45 pm
Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)
I beg to move amendment No. 275, in page 29, line 13, after 'uses', insert 'material'.
This is a threshold amendment—which is another familiar brand of amendment that we regularly come across in Committee. It is designed to ensure that the threshold is appropriate to the penalty that might be enforced. In this case, although we accept that deception may be a justifiable reason for removal, removal is a major step to take, so we seek to ensure that the threshold includes the word ''material'', so that material deception is referred to, rather than simple, bald deception.
I wish the Minister briefly to outline her view of the thresholds that will be applied in this deception provision, so that we can be assured that there will be a requirement for substantive evidence to be produced before such a drastic step as removal is enforced.
Ms Rosie Winterton (Parliamentary Secretary, Lord Chancellor's Department; Doncaster Central, Labour)
I hope that the hon. Gentleman will be reassured to know that we have looked at his point. However, we consider that the amendment is unnecessary, because it is implicit that the deception must be material. It is not specified that the deception must be material in the current power under section 10(b) of the 1999 Act, nor is that specified in the previous power in section 3(5)(aa) of the 1971 Act. The offence in section 24(a) of the 1971 Act also does not specify that, and neither does the definition of an illegal entrant in section 33(1) specify material deception.
We believe that to include the word in the clause might cast doubt on the interpretation of provisions where ''material'' is not specified, but we believe that it is implicit that the deception must be material.
I hope that that clarifies the matter for the hon. Gentleman.
Mr Richard Allan (Sheffield, Hallam, Liberal Democrat)
Following that helpful clarification, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 53 ordered to stand part of the Bill.