UK Borders Bill

Part of the debate – in the House of Lords at 12:45 pm on 11 October 2007.

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Photo of Baroness Carnegy of Lour Baroness Carnegy of Lour Conservative 12:45, 11 October 2007

My Lords, I shall not continue this discussion. Of course, we are all extremely worried—in fact, we are more than worried; we are horrified—at the effect that the policy has had, which I do not think was expected or anticipated. I want to ask the Minister one question relating to Clause 17(6), which states:

"This section shall be treated as always having had effect".

We do not legislate retrospectively. This clause is welcome; it is doing something that everyone has said is good, but why is it drafted in this way? I do not remember seeing such a subsection in legislation. The clause should be treated as "always having had effect"—that is, turning it into retrospective legislation. Can the Minister tell us why it is drafted in this way? It is rather worrying.