Clause 28

Part of UK Borders Bill – in a Public Bill Committee at 4:45 pm on 15th March 2007.

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Photo of James Clappison James Clappison Conservative, Hertsmere 4:45 pm, 15th March 2007

I appreciate the way in which the Minister is contributing to the debate and promising to take matters away and think about them. However,  may I come back to him on the example that he has just given to the Committee? I think that it was the amendments by my hon. Friend the Member for Monmouth that would change the wording to a sentence of imprisonment rather than 12 months’ imprisonment. The way that the Minister put it was that that individual would be liable to a sentence of imprisonment, but instead would receive a community sentence. That situation would not be covered by my hon. Friend’s amendment; there would have to be a sentence of imprisonment.

In the case that the Minister has outlined to us, if the lady in question committed an offence that resulted in a sentence of more than 12 months’ imprisonment, under his own trigger mechanism she would face automatic deportation in any case. In both cases, whether it is any sentence of imprisonment or more than 12 months’ imprisonment, that person would have the full protections afforded by exception 1, which would bring into play the question of her rights under the European convention on human rights, including the right to family life under article 8. I suspect that those rights would cover the sort of case that the Minister referred to.