Special Immigration Appeals Commission Bill [H.L.]

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Special Immigration Appeals Commission Bill [H.L.]

EXPLANATORY AND FINANCIAL MEMORANDUM

    The Bill establishes a body to be known as the Special Immigration Appeals Commission, sets out its jurisdiction and makes other provisions relevant to the operation of the Commission.

    Clause 1 establishes the body to be known as the Special Immigration Appeals Commission. Schedule 1 contains various provisions relevant to the constitution and general proceedings of the Commission.

    Clause 2 provides a right of appeal to the Commission in respect of a number of categories of cases which are detailed in the Immigration Act 1971 and the Immigration (European Economic Area) Order 1994. Schedule 2 contains various supplementary provisions.

    Clause 3 provides that the Commission has a bail jurisdiction in certain cases where a person is detained in the interests of national security. Schedule 3 makes the necessary modifications to the Immigration Act 1971 in this respect.

    Clause 4 makes provision for the way in which the Commission is to determine appeals.

    Clause 5 provides that the Lord Chancellor may make rules to regulate appeals to the Commission and to establish the practice and procedure for dealing with those appeals. It provides that section 9(1) of the Interception of Communications Act 1985 will not apply to proceedings before the Commission.

    Clause 6 makes provision for the appointment by a Law Officer of a lawyer to represent the interests of the appellant in any proceedings before the Commission from which the appellant and his legal representative are excluded.

Financial effects of the Bill

    The Commission is expected to deal with only a handful of cases each year. It is expected that one member of the Commission will qualify to be paid a daily rate for attendance. The annual cost on current projections will be no more than £3,000.

    In most cases before the Commission a Law Officer will appoint a lawyer to represent the interests of the appellant, and the Secretary of State will be represented by Counsel. It is estimated that this will cost approximately £20,000 per year.

    The power under section 23 of the Immigration Act 1971 for the Secretary of State to fund voluntary organisations which give advice and assistance is extended by the Bill to cover the new appeals. But the amount of grant is expected to remain the same.

Effect of the Bill on Public Service Manpower

    In view of the small case-load of the Commission it is not anticipated that the Bill will have any effect on public service manpower.

Business Compliance Cost Assessment

    The Bill will not result in any costs to business.

© Parliamentary copyright 1997
Prepared 16 July 1997

Special Immigration Appeals Commission Bill [H.L.]

	EXPLANATORY AND FINANCIAL MEMORANDUM
	The Bill establishes a body to be known as the Special Immigration Appeals Commission, sets out its jurisdiction and makes other provisions relevant to the operation of the Commission.
	Clause 1 establishes the body to be known as the Special Immigration Appeals Commission. Schedule 1 contains various provisions relevant to the constitution and general proceedings of the Commission.
	Clause 2 provides a right of appeal to the Commission in respect of a number of categories of cases which are detailed in the Immigration Act 1971 and the Immigration (European Economic Area) Order 1994. Schedule 2 contains various supplementary provisions.
	Clause 3 provides that the Commission has a bail jurisdiction in certain cases where a person is detained in the interests of national security. Schedule 3 makes the necessary modifications to the Immigration Act 1971 in this respect.
	Clause 4 makes provision for the way in which the Commission is to determine appeals.
	Clause 5 provides that the Lord Chancellor may make rules to regulate appeals to the Commission and to establish the practice and procedure for dealing with those appeals. It provides that section 9(1) of the Interception of Communications Act 1985 will not apply to proceedings before the Commission.
	Clause 6 makes provision for the appointment by a Law Officer of a lawyer to represent the interests of the appellant in any proceedings before the Commission from which the appellant and his legal representative are excluded.
	Financial effects of the Bill
	The Commission is expected to deal with only a handful of cases each year. It is expected that one member of the Commission will qualify to be paid a daily rate for attendance. The annual cost on current projections will be no more than £3,000.
	In most cases before the Commission a Law Officer will appoint a lawyer to represent the interests of the appellant, and the Secretary of State will be represented by Counsel. It is estimated that this will cost approximately £20,000 per year.
	The power under section 23 of the Immigration Act 1971 for the Secretary of State to fund voluntary organisations which give advice and assistance is extended by the Bill to cover the new appeals. But the amount of grant is expected to remain the same.
	Effect of the Bill on Public Service Manpower
	In view of the small case-load of the Commission it is not anticipated that the Bill will have any effect on public service manpower.
	Business Compliance Cost Assessment
	The Bill will not result in any costs to business.