Clause 53 - Deception
Nationality, Immigration and Asylum Bill
6:45 pm
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.