Clause 39 - Position where asylum claimed

Part of Extradition Bill – in a Public Bill Committee at 10:30 am on 14 January 2003.

Alert me about debates like this

Photo of Mr Nick Hawkins Mr Nick Hawkins Conservative, Surrey Heath 10:30, 14 January 2003

Our Amendment No. 49 is quite small, and the Liberal Democrat amendment No. 142 is grouped with it. Our amendment would replace the words ''must not'' with the word ''may''. Although it is a small amendment, it has a significance well beyond the small changes to the wording, as often happens in the law.

We suggest that the legislation, rather than stating,

''The person must not be extradited in pursuance of the warrant before the asylum claim is finally determined.''

should say ''may be extradited.'' That reverses the power of the courts.

I shall wait to hear what the Minister says about that, but I believe that it is a potential toughening up of the legislation. There is great concern in the United Kingdom that people can find legal loopholes by which they can stay in the country, when they should not be able to stay. We have repeatedly said that the Bill gives the Government powers that are too draconian, but we believe that, in this instance, there

should be the opportunity to give the Government greater powers. We do not say that the wording of our amendment is perfect, and we will be interested to hear what the Minister has to say about the matter.

Clause

A parliamentary bill is divided into sections called clauses.

Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.

During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.

When a bill becomes an Act of Parliament, clauses become known as sections.

amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

Minister

Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.