Clause 26 - Conditions of residence

Part of Nationality, Immigration and Asylum Bill – in a Public Bill Committee at 6:20 pm on 9th May 2002.

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Photo of Simon Hughes Simon Hughes Shadow Spokesperson (Home Affairs) 6:20 pm, 9th May 2002

Before the Division, I said that our amendments would limit the conditions that could be imposed under the clause, so that the accommodation centres do not become detention centres in practice. I hope that the Minister will accept that something should be included along the lines of amendment No. 147, which is about ensuring that the process is reasonable. I know that someone can go to court and have a judicial review, but it is better for reasonableness to be written into the Bill. Amendment No. 149 deals with the same point.

Amendments Nos. 187 and 188 relate to subsection (4) on breach of condition and are fairly important. They would ensure that there can be no penalty where there was a reasonable excuse for breach of condition, such as a transport delay. In an inquiry about the breach of condition, the Secretary of State must be satisfied that there was no good reason. It is important that we get these things right, and I look forward to the Minister's response.