New Clause 15 — Exceptions to automatic deportation

Immigration Bill – in the House of Commons at 4:00 pm on 30th January 2014.

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‘(1) The UK Borders Act 2007 is amended as follows.

(2) In section 33 (Exceptions), in subsection (2)(a), for “Convention rights”, substitute “rights under Articles 2 or 3 of the Convention”.

(3) In section 33, after subsection (6A), insert—

“(6B) Exception 7 is where the Secretary of State thinks, taking into account all the circumstances of the case including the seriousness of the offence, that removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would cause such manifest and overwhelming harm to his children that it overrides the public interest in removal.”.

(4) In section 38 (Interpretation)—

(a) after subsection (3), insert—

“(3A) In section 32, “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).”;

(b) omit paragraph (4)(b);

(c) after subsection (4) insert—

“(4A) In section 33, “rights under Articles 2 or 3 of the Convention” means Articles 2 or 3 of “the Convention” as defined in the Human Rights Act 1998 (c. 42).”.’.—(Mr Raab.)

Brought up.

Question put, That the clause be added to the Bill.

The House divided:

Ayes 97, Noes 241.

Division number 199 Immigration Bill — New Clause 15 — Exemptions to Automatic Deportation of Criminals on Human Rights Grounds

A majority of MPs voted against only allowing human rights grounds to be used to prevent a foreign criminal being deported in cases where there would be a breach of the right to life, or right not to be tortured; and against adding a new exemption to deportation for cases where harm to the criminal's children outweighs the public interest in removal.

Aye: 96 MPs

No: 240 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Absent: 308 MPs

Abstained: 1 MP

Absents: A-Z by last name

Abstaineds: A-Z by last name

Question accordingly negatived.