Criminal Justice and Immigration Bill – in a Public Bill Committee at 9:45 pm on 27 November 2007.
Edward O'Hara
Labour, Knowsley South
With this it will be convenient to discuss new Clause 59—Appeals against designation—
‘(1) A designated person may appeal against his designation.
(2) The Secretary of State must make regulations about appeals under this section.
(3) Regulations under this section are to be made by statutory instrument and are subject to Amendment in pursuance of a resolution of either House of Parliament.’.
Harry Cohen
Labour, Leyton and Wanstead
This is about appeals—there are none. However, I think that, out of natural justice, there should be an appeal if someone feels aggrieved because they have been designated in this way. Also, the JCWI again makes the point that there appears to be no route out of designated status.
David Heath
Shadow Leader of the House of Commons
I rise to support the hon. Gentleman. It seems to me, reading this element of part 11, that not only is there no appeal against designation but there is no potential challenge to any part of the process, which is all dealt with by Executive action, including any conditions that may be applied as part of that process. At no stage, other than by recourse to the Human Rights Act 1998 or, presumably, judicial review of a decision taken by the Secretary of State or an immigration officer, is there any capacity for any challenge to be made to anything that he has done to a person who is designated as having special immigration status. Of course, there is the very real assumption that in the absence of any form of legal aid provision, there is no capacity—unless the person has particularly deep pockets from elsewhere, which is unlikely in this context—to mount a judicial review application or an application under the Human Rights Act in any case. The hon. Gentleman’s point about the lack of an appeal is very serious, but I would go wider and say that it is not simply the issue of designation that is relevant, but the other factors encompassed in this part of the Bill.
David Burrowes
Shadow Minister (Justice)
I wish to follow on from those remarks, rather than repeat them. They are valuable in relation to the lack of appeal. I ask the Minister to consider whether by not having an appeal mechanism, we may have built a delay into the process when the only option left to an applicant is to go to the European Court of Human Rights or seek judicial review. Would it not be appropriate to have an appeal mechanism at least to allow any challenge to proceed expeditiously and appropriately?
Vernon Coaker
Parliamentary Under-Secretary (Home Office) (Crime Reduction)
I am sorry to disappoint hon. Members, but the Government’s view is that someone who fulfils those criteria should expect to be deported. If that is not possible for ECHR reasons, we should not be obliged, as we currently are, to grant them leave under the Immigration Acts. In many cases, judicial review is open to them, and those people would have legal aid available to them. I am sorry to disappoint hon. Members, but we feel that it is appropriate in the circumstances.
Harry Cohen
Labour, Leyton and Wanstead
I beg to ask leave to withdraw the Amendment.
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.
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.
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.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
Also referred to as the ECHR, the European Court of Human Rights was instituted as a place to hear Human Rights complaints from Council of Europe Member States; it consists of a number of judges equal to the number of Council of Europe seats (which currently stands at 45 at the time of writing), divided into four geographic- and gender-balanced "Sections" eac of which selects a Chamber (consisting of a President and six rotating justices), and a 17-member Grand Chamber consisting of a President, Vice-Presidents, and all Section Presidents, as well as a rotating selection of other justices from one of two balanced groups.
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.
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.
