Select Committee on Delegated Powers and Deregulation Twenty-Seventh Report



1.  The Committee has made the following recommendations:

  • the amendment of Clause 4 to place on the face of the bill the exemption from fees of asylum-seekers under the 1951 Refugee Convention and those claiming Article 3 ECHR protection;
  • a further amendment should insert a proviso to clause 4 that no fee should be chargeable in respect of an application where it has been occasioned by a mistake of the Secretary of State;
  • the power in clause 20(3) should be removed insofar as it relates to a time limit for reporting sham marriages, and that it should be replaced by a requirement on the face of the bill;
  • the amendment of clause 64(3) to place the categories concerned on the face of the bill;
  • the deletion of clause 85(2) from the bill (or at very least the amendment of the bill so that the circumstances under which the power may be exercised are set out on the face of the bill);
  • the amendment of clause 87(3);
  • an amendment to require regulations made under clause 92(8) to be subject to consultation;
  • that regulations under Part VI of the bill and the powers in clauses 95 and 143 which are subject to negative procedure should more appropriately be subject to affirmative control.

2.  We have also recommended the amendment of the bill to provide for the affirmative procedure for those powers which raise ECHR concerns. Although the Minister has certified that, in his view, the bill as a whole is compatible with ECHR, we further recommend that when the House has to consider a resolution approving an instrument under any of these powers, the minister moving the resolution should inform the House whether he is satisfied that the instrument is compatible with the Convention rights. Such statements will be particularly important prior to the establishment of the Parliamentary Select Committee on Human Rights. We draw the attention of the House to the recommendation which we have made in our written evidence to the Royal Commission on House of Lords Reform[7] that the terms of reference of that Committee should include the scrutiny of the compatibility of secondary legislation, where much potential incompatibility may lie.

3.  Related to this is our concern about the arrangements for parliamentary control over the making of Immigration Rules. This has led us to recommend that the House should consider amending the bill to make Immigration Rules subject to affirmative procedure.

4.  There is nothing else in the bill which we wish to draw to the attention of the House.

7   Copies of our submission have been placed in the House of Lords Library. Back

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