Clause 96 - Authority to carry
Nationality, Immigration and Asylum Bill
9:30 am
Mr Gregory Barker (Bexhill and Battle, Conservative)
I beg to move amendment No. 301, in page 47, line 10, leave out 'nationality'.
I rise on this beautiful morning to speak briefly on this gentle and probing amendment. The terms of clause 96 have been queried by a leading and much-respected NGO and although the amendment is gentle, it touches on an important point of principle and is designed to see how far the Government intend to use the clause to discriminate against incoming passengers. As the Minister will know, under new section 19B in the Race Relations (Amendment) Act 2000, it is not always unlawful for a relevant person, which includes necessary public authorities, to discriminate against another person on grounds of nationality or of ethnic or national origins in carrying out immigration and nationality functions. Nevertheless, it is still somewhat worrying that a ministerial order under the Act can authorise racial discrimination, which has obviously been done for immigration officials.
Will the Minister assure us that it will still be unlawful for a carrier to discriminate against passengers under the 2000 Act? The clause seems to authorise something that is unlawful. Although I accept that the legislation is intended to create a more efficient, faster and fairer system, do the Government intend to extend the existing law on discrimination? Will the Minister assure us that there is no intention to extend the practice of lawful racial discrimination through the implementation of clause 96?