Clause 28

Part of UK Borders Bill – in a Public Bill Committee at 11:15 am on 20th March 2007.

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Photo of Liam Byrne Liam Byrne Minister of State (Home Office) (Immigration, Citizenship and Nationality) 11:15 am, 20th March 2007

I am grateful for the ambition behind this proposal. My slight concern is that, given the increased resources, we are trying to create a process that is as rapid and efficient as possible. Wherever possible, I am therefore seeking to minimise the necessity to write bits of paper or issue decisions that end up having to be revoked.

At the moment, an individual has 28 days to appeal against a conviction. If we were to accept an amendment requiring deportation orders to be issued 14 days after conviction, two consequences would follow. First, somebody might appeal successfully against the conviction inside the 28-day window, and we would then have to revoke the deportation order. That would involve resources in issuing the order and then revoking it, but also in tracking the case in the meantime.

The second concern is that such an amendment might limit our flexibility to issue a deportation order closer to the end of a sentence. Sometimes when a sentence is quite long, that would limit our ability to take into account the current country information available. My fear is that it would jeopardise the flexibility that we are seeking to issue deportation  orders at the right point to maximise our chances of getting somebody home with the approval, not the blocking, of the courts.