Clause 2 - Entering United Kingdom without passport
Asylum and Immigration (Treatment of Claimants, etc.) Bill
2:30 pm
Mr David Heath (Somerton and Frome, Liberal Democrat)
I have tabled a series of amendments in the group, and they fall into two distinct sets. One set would achieve exactly the same as the amendments tabled by the hon. Member for Woking (Mr. Malins), so I will not expand at length. Amendment No. 52 would delete the word ''and'' in the phrase
''identity and nationality or citizenship''.
In the absence of something that specifically refers to nationality or citizenship, and given that the one should and could lead to the other, that would allow
for another acceptable means of properly identifying a person. Replacing the ''and'' with a comma would extend the range of documentation that is appropriate for the identification of an individual, which seems right. The argument is exactly the one that has been expounded by the hon. Member for Woking, so I shall not repeat it. I hope that that is sufficient to explain amendments Nos. 52, 55 and 62.
I confess that I am slightly puzzled about why amendment No. 51 was not selected, as it is analogous to amendment No. 54 but relates to a different subsection. It was an attempt to improve the Bill's structure. I do not claim superiority of any kind, but I find it puzzling that the term ''immigration document'' is used in two consecutive clauses but defined differently. That is confusing and unnecessary. If you would give me the leeway, Mrs. Roe, I would like to explain what amendment No. 51 would have done had it been selected, as it will help the argument. I hope that I shall not be straying too far from the scope of the group.
Amendment No. 51 would have removed ''immigration'' from subsections (1) and (2), so the clause would have read ''if he does not have with him a document which (a) is in force, and (b) satisfactorily establishes his identity and nationality or citizenship.'' The clause would define the document for the stated purpose. Such wording would have avoided difficulties that might have arisen because the same term is defined in two different ways in two consecutive clauses. If the provision were self-defining, one would not need the definition of an immigration document in subsection (10).
I am not going to die in the ditch over that, but it might improve the Bill's structure, which should avoid later difficulties. I would be grateful for the Minister's consideration of whether that might be appropriate.