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)
As I said, the Minister has reassured me up to a point, but I still envisage difficulties with such an approach. For instance, what inference would be drawn from silence in those circumstances? Could a court draw any inference on that basis? I think not, because the person is not legally represented and cannot be required to say anything that might incriminate them in a court. There are still difficulties in respect of the evidential basis on which a prosecution might be brought.
It seems to me that a clearly delineated two-stage process would be preferable—one in which, first, there is the suspicion that someone is travelling without documents due to the fact that they have destroyed them; and, secondly, a formal interview that establishes the facts behind the case is held with the appropriate precautions, at which point the offence is considered to be committed. There would therefore be an offence committed in a circumstance which is defined and which is capable of being adduced in evidence. That would put the prosecution in a stronger position.
I will consider that and I ask the Minister to consider it too. I am not trying to undermine her position; I am simply trying to get it right. She has gone sufficiently far towards my position for me to be partly reassured, but her response has raised new questions in my mind about exactly what is proposed. Between now and Report, I will consider how a first interview might be construed by a court without further definition and whether that might be an
obstacle to prosecution rather than a tool. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.