Clause 2 - Entering United Kingdom without passport
Asylum and Immigration (Treatment of Claimants, etc.) Bill
9:45 am
Mr David Heath (Somerton and Frome, Liberal Democrat)
I hope that this is a simple starter for 10 for the Committee. I believe that my amendment is entirely in tune with what I hope is the Minister's intention with the Bill; I cannot believe that she anticipates that the offences created under clause 2 would be applicable to a child entering the country unaccompanied. There is, of course, provision for a child who is dependent on another person entering the country but it would be entirely inappropriate for a child entering the country unaccompanied, who had been told by a carrier to destroy their passport, to be subject to the criminal law.
Amendment No. 49 would establish that, in this instance, the term ''person'' refers to an adult. The terms ''adult'' and ''child'' are well construed in immigration law, so I do no think that there is a need for subsequent definitions of those terms. I seek from the Minister reassurance that it would not be appropriate to use the clause against a child, who may have been pressured or may have misunderstood what to do. A child could certainly not be held responsible for maintaining the accuracy of their immigration documents. An adult could, quite properly, be held responsible for destroying their passport or other travel documents. We accept that principle.
Can the Minister reassure me of her intention? I hope that she will accept my amendment. If not, could she explain why there is an understanding that ''person'' in this instance means an adult, rather than an adult or child, which would be that phrase's normal construction?