Part of Orders of the Day — Nationality, Immigration and Asylum Bill — [2nd Allotted Day] – in the House of Commons at 8:30 pm on 12 June 2002.
I was about to refer to the type of people who would be covered. The basis of the functionality of ARCs is a biometric representation of fingerprints, so it is unlikely that an ARC could be issued to anyone who could not be fingerprinted under section 141 of the Immigration and Asylum Act 1999. That helps to explain that the categories are limited to the people who could be fingerprinted.
I could give some examples if that would assist hon. Members. For example, people who fail to produce a valid passport with a photograph or other document satisfactorily establishing their identity and nationality on arrival in the United Kingdom could perhaps be given ARCs on the basis that their identity is open to doubt. We do not know their true identity or necessarily where they came from. Even if we know both those things, to remove them from the United Kingdom we would need the co-operation of their country of origin, which is by no means a forgone conclusion. I could give other examples, but I hope that I have reassured the hon. Gentleman that we seek only to extend the categories to those people.
I now come to Government amendment No. 207. Section 28B of the Immigration Act 1971 allows a justice of the peace to issue a warrant authorising an immigration officer to enter premises to arrest a person suspected of committing a relevant offence. A relevant offence for the purposes of that section is defined in subsection (5) and includes the current offence of harbouring an illegal entrant or overstayer under section 25(2).
Clause 123(2) will add new offences relating to ARCs and the possession of an immigration stamp to the list of relevant offences. However, the present 25(2) offence will be subsumed into the general offences under proposed new sections 25 and 25B, inserted by clause 117. The power to enter to effect an arrest for those offences will come under section 28C of the 1971 Act, so there is no need for the section 25(2) offence to be a relevant offence for the purposes of section 28B. Indeed, proposed new section 25(2) does not contain a separate offence. That is why we have tabled Government amendment No. 207. I very much hope that, with those reassurances, the hon. Member for Sheffield, Hallam will withdraw the amendment and accept Government amendment No. 207.