Clause 28

Part of UK Borders Bill – in a Public Bill Committee at 10:45 am on 20th March 2007.

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Photo of Liam Byrne Liam Byrne Minister of State (Home Office) (Immigration, Citizenship and Nationality) 10:45 am, 20th March 2007

Thank you for your guidance, Mr. Amess. The hon. Gentleman raises a number of important arguments. I will look for an opportunity to respond to some of his good points during the course of the day.

The second half of my comments are in reply to the hon. Member for Hertsmere. He asked if there is a legal barrier to us accepting the amendment—yes, there is. Article 5(5) of the European convention on human rights requires provision in domestic law of an enforceable right to compensation. However extensive my sympathy for his amendment, to have no right of enforcement against IND when IND gets something wrong is not desirable, because that would weaken the incentive for IND to perform its business effectively, efficiently and justly. I think that the amendment might set up an unhelpful set of incentives. Second, there is the bar of the ECHR, which also provides bars on our ability to deport people to certain torture, if not death. I know that that is for a debate about immigration policy in the round, but some of the protections are important and this is one of them.