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Baroness Blatch moved Amendment No. 138A:
The noble Baroness said: Amendments Nos. 138A and 140A are designed to extend the powers already available to immigration officers of the rank of chief immigration officer and above to release on bail those who are detained under powers in the Immigration Act 1971. Consequently, I hope that they will be welcomed, along with the other measures already contained in the Bill which provide a right to apply for bail to all those who are detained. The inclusion of these measures in the Bill was delayed by the need for a trial to establish their effectiveness.
Currently, chief immigration officers are able to release on bail only those who have lodged an appeal which is still outstanding. These amendments would extend their powers to release on bail all of those who can be detained under paragraph 16 of Schedule 2 to the 1971 Act.
We see two potential benefits. First, it should remove some pressure from the appellate authorities who would otherwise have to consider the requests for bail. Secondly, it would provide chief immigration officers with a greater degree of control when making a decision to release than is provided by the temporary admission arrangements.
I commend these amendments to the Committee as the last piece in the jigsaw which ensures that bail rights are as widely available as possible to all of those who are detained under powers in the Immigration Act 1971. I beg to move.
Lord McIntosh of Haringey: The Minister invited us earlier this evening and now to welcome the bail provisions. I think that she will acknowledge that we did so on Second Reading and we do so again now. It seems a little curious, when my noble friend Lord Dubs has been objecting to bureaucratic procedures and
On Question, amendment agreed to.
[Amendments Nos. 139 and 140 not moved.]
Baroness Blatch moved Amendment No. 140A:
On Question, amendment agreed to.
[Amendment No. 142 had been withdrawn from the Marshalled List.]
Schedule 1, as amended, agreed to.
Baroness Blatch moved Amendment No. 143:
The noble Baroness said: Amendment No. 143 is purely consequential on government Amendment No. 1. The amendment replaces Clause 1 with a new version re-enacting paragraph 5 of Schedule 2 to the 1993 Act. That was in response to what was said by my noble friend Lord Renton. I beg to move.
On Question, amendment agreed to.
Schedule 3, as amended, agreed to.
House resumed: Bill reported with amendments.
Page 11, line 3, leave out ("by an adjudicator") and insert ("in accordance with this paragraph.
( ) An immigration officer not below the rank of chief immigration officer or an adjudicator may release a person so detained").
Page 11, line 9, at end insert--
("( ) In sub-paragraph (2) of that paragraph--
(a) for the word "adjudicator", in the first place where it occurs, there shall be substituted the words "immigration officer or adjudicator"; and
(b) for the word "adjudicator", in the second place where it occurs, there shall be substituted the words "officer or adjudicator".
( ) In sub-paragraph (3) of that paragraph--
(a) for the word "adjudicator", in the first place where it occurs, there shall be substituted the words "immigration officer or adjudicator"; and
(b) for the word "adjudicator", in the second and third places where it occurs, there shall be substituted the words "officer or adjudicator".").
Page 13, column 3, leave out lines 14 to 16.
House adjourned at five minutes before eleven o'clock.
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