New Clause 3 - Arrest pending deportation
Immigration, Asylum and Nationality Bill
1:00 pm
Tony McNulty (Minister of State (Immigration, Citizenship and Nationality), Home Office; Harrow East, Labour)
I beg to move, That the clause be read a Second time.
I congratulate the Clerk on remembering new clause 2, which has sort of been the legislative equivalent of a hanging chad; it was floating around somewhere in our deliberations. I momentarily forgot about it, so my apologies for that.
This matter should be straightforward. The clause confirms that the power of arrest in deportation cases is available when notice of intention to deport is ready but has not yet been given to a prospective deportee. The clause will ensure that immigration officers and constables can continue to seek a warrant to enter named premises in order to search for and arrest a prospective deportee and serve him with a notice of decision to deport.
I assure the Committee that all previous warrant applications were lawful; they were properly made and lawfully granted. The new clause effectively puts into statute the current practice, which is entirely lawful. I commend the clause to the Committee.