Clause 7 - Failed asylum seekers: withdrawal of support
Asylum and Immigration (Treatment of Claimants, etc.) Bill
9:10 am
Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)
When we reach clause 10, the Under-Secretary of State for Constitutional Affairs, my hon. Friend the Member for Tottenham (Mr. Lammy), will make it clear that the revised arrangements for a single tier of appeal will give people a fair opportunity to state their appeal and will not be a diminution of the opportunity to do so, or the quality of that. Notwithstanding that, hon. Members argue that they want to be sure, in cases involving children, that there is adequate time for families to be clear about the options and some of the consequences and that, if it comes to leaving, which it will do, one way or another, with families in this category, they can do so in a dignified way and make arrangements.
I hope that I have made it clear that the process that we envisage will, before certification, involve a period that, in addition to the 14 days required in legislation, means that the total time exceeds that in legislation at the moment for other groups.
Amendment No. 90 would ensure that there was a minimum of 14 days between receipt of the Secretary of State's decision that support is to be withdrawn and that taking effect. I am happy to state on the record that we have no plans to limit that period. I am wary, however, and it would not be sensible to limit the operation of the clause by saying that it will only ever be possible to extend the period. We do not know what may happen in future. The process may be changed quite substantially. The amendment would limit us unnecessarily. It is normal in legislation at this stage to use a term such as ''vary'', because it gives us options.
I realise that that will not be any comfort to the hon. Member for Winchester, because he wants me to close down one option, but the Government have no intention of reducing the period of 14 days. We feel that there should be a statutory minimum for the period between certification and any enforced removal. That is right in the circumstances. We do not want to reduce that, but none of us can predict what may affect consideration of these processes. It would not be good law making to constrain ourselves at this point. I hope that the hon. Gentleman can accept my assurance that I have no intention of reducing the period of 14 days and withdraw his amendment on that basis.