---

Lord Dholakia: I am not quite clear. Being brought up with regard to a related matter and being used are two separate things. If it is not to be used, it should not be recorded; if it is recorded and passed to the courts, then courts take into account previous offences committed by an individual. I understood that that was not the purpose of the order—that it did not involve a person being involved in the criminal justice process.

Lord Bassam of Brighton: Obviously it cannot be used, because it is not a previous conviction, so it could not be used in proceedings of a similar nature to disorder. As the noble Lord will be aware, there are disorder offences, so that could not be used in any subsequent proceedings.

The noble Lord also asked about how the police will know whether a person is drunk. I am sure that he is well aware that the police are very used to deciding whether people are drunk and disorderly, because that is already an offence. The order just makes it a penalty notice offence. I think that that responds to the noble Lord's questions.

Lord Dholakia: Forgive me, but there is a distinction here. A caution is not a criminal offence, but it can be used in a proceeding against an individual. Here is an order that is recorded, like a caution would be recorded, and yet I am told that it will not be used in future. What is the use of recording the offence in the first instance?

Lord Bassam of Brighton: It is not a criminal offence in the sense that we ordinarily understand it. Once the police have issued the penalty notice, there will be a record of it, but it is not a record that can be cited or used in criminal proceedings.

Lord Dholakia: Thank you.

On Question, Motion agreed to.
 
22 Mar 2005 : Column GC75
 

Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005

3.56 p.m.

Lord Bassam of Brighton rose to move, That the Grand Committee do report to the House that it has considered the Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005 [11th Report from the Joint Committee].

The noble Lord said: I can be brief, as this does not contain anything difficult or contentious. The Extradition Act 2003 received Royal Assent on 20 November 2003 following what I think we would agree was intense scrutiny both in your Lordships' House and in another place. So I hope we can avoid going over any arguments of principle again today.

We are concerned here with the further secondary legislation required to amend the Extradition Act 2003 (Part 3 Designation) Order 2003. This is required to reflect one of the changes that will be introduced by the Commissioners for Revenue and Customs Act 2005 when it becomes law. The order thus amends part of the earlier order, the Extradition Act 2003 (Part 3 Designation) Order 2003, which designated those appropriate persons who can apply to a judge for a Part 3 warrant under the provisions of Section 142(1) of the Extradition Act 2003.

It replaces the references relating to Customs and Excise and the Inland Revenue with that of the new post of Director of the Revenue and Customs Prosecution Office which will be introduced when the Commissioners for Revenue and Customs Bill comes into effect. The Commissioners for Revenue and Customs Bill creates a new independent prosecuting authority for all offences investigated by Her Majesty's Revenue and Customs investigators. It will be known as the Revenue and Customs Prosecution Office—the RCPO. RCPO prosecutors will assume prosecution powers previously held by the Commissioners for Her Majesty's Customs and Excise and Inland Revenue.

The Commissioners of Customs and Excise and certain Inland Revenue Officers attached to the Inland Revenue Extradition Group can currently apply to a judge for a Part 3 warrant to extradite someone to the United Kingdom. At present, Part 3 warrants can only be issued for countries that have implemented the framework decision on the European arrest warrant and who have been designated as Category 1 territories under the Extradition Act 2003.

As a result of the departmental changes introduced by the new Bill, it is necessary to replace the earlier designations relating to Customs and Inland Revenue to reflect those changes in the departments' structure. The new Director of the Revenue and Customs Prosecutions Office will now be designated as an appropriate person who can apply to a judge for a Part 3 warrant. Although the Act is unlikely to come into force until April, we must amend the earlier order now to ensure that the Revenue and Customs Prosecutions Office can apply for Part 3 warrants in relation to
 
22 Mar 2005 : Column GC76
 
extradition requests to Category 1 territories relating to Customs and Inland Revenue offences as soon as it comes into existence.

I hope that I have not been too brief in my explanation of why the order is required. It cannot in any way be regarded as contentious, as it simply reflects departmental changes that will be introduced by the new Commissioners for Revenue and Customs Bill. I therefore invite your Lordships to approve this order.

Moved, That the Grand Committee do report to the House that it has considered the Extradition Act 2003 (Part 3 Designation) (Amendment) Order 2005 [11th Report from the Joint Committee].

On Question, Motion agreed to.

Immigration (Leave to Enter and Remain) (Amendment) Order 2005

4 p.m.

Lord Bassam of Brighton rose to move, That the Grand Committee do report to the House that it has considered the Immigration (Leave to Enter and Remain) (Amendment) Order 2005 [10th Report from the Joint Committee].

The noble Lord said: The order was laid before the House for approval on 21 February. The draft order has two functions. First, it allows for the implementation of a bilateral agreement between the United Kingdom and China that facilitates organised group tourist travel to the United Kingdom for Chinese nationals. Secondly, it provides that single-entry visas may be issued to visitors to the United Kingdom. Such visas will be issued, rather than the usual multi-entry visas, in certain limited circumstances which I will describe later. I will begin by explaining in a little more detail the bilateral agreement and how it will work.

On 21 January 2005, my right honourable friend the Foreign Secretary and He Guangwei, chairman of the National Tourism Administration of the People's Republic of China, signed the approved destination status—ADS—memorandum of understanding between the United Kingdom and China. This agreement represents a major opportunity for the United Kingdom tourist industry to reap the benefits of the increasing opportunities for outward tourism now afforded by China. It will also bring the United Kingdom into line with other EU member states, all of whom have approved destination status with China.

The aim of this agreement is to facilitate Chinese tourism to the United Kingdom. It applies to Chinese groups and not individual tourism. The intention is to help strengthen tourism sectors and cultural ties in both countries. There is nothing in this agreement that weakens immigration controls in respect of Chinese tourists.

The purpose of such an agreement is for China to designate key countries as approved destinations for Chinese tour groups. This is necessary because the
 
22 Mar 2005 : Column GC77
 
Chinese Government only permit outbound group tourism to certain designated countries. In practice, the bilateral ADS agreement means that some accredited Chinese tourist agencies are now entitled to organise trips for groups of Chinese nationals to the UK. The agreement contains a framework for co-operation between Chinese and UK tourism providers to promote the UK as a tourist destination, organise tour groups and also to take responsibility for the group entering the United Kingdom during its stay and returning to China.

There is an increasing appetite in China for tourist travel fuelled by growing prosperity, an interest in the outside world and an emerging Chinese middle class.

[The Sitting was suspended for a Division in the House from 4.3 to 4.15 p.m.]

Lord Bassam of Brighton: I turn now to how the ADS agreement will operate. The aim is to regulate and facilitate tourism from China to the United Kingdom by providing a streamlined mechanism for visas to be issued to approved groups of tourists travelling with authorised tour operators. The ADS scheme will operate through a limited number of designated tour operators, accredited by the British Embassy in China, who will submit visa applications to the British Embassy for each member of a tour group. The applications will then be scrutinised to ensure that they meet the requirements of the Immigration Rules for travel to the UK as a visitor under the ADS arrangements before visas can be issued.

While the Government welcome genuine tourists to the United Kingdom, we of course recognise the potential for immigration abuse and remain acutely aware of the need to guard against it. There are very significant economic benefits to the UK from having approved destination status and it is important to both the United Kingdom and China to have a well-run ADS scheme and to minimise the possibilities for any abuse.

With that in mind, the agreement has been carefully negotiated over many months to allow genuine tourists to be issued with visas within a robust framework which contains a number of safeguards against abuse. These include rigorous ADS visa-issuing arrangements in the British Embassy and consulates in China; and zero tolerance and tough sanctions on travel agents who fail in their duty to exercise properly their responsibilities, which can include losing their accreditation.

We are committed to ensuring the correct balance between the facilitation of tourism under the agreement and maintaining effective immigration control. The scheme will be tightly regulated. We will accredit only a limited number of all travel agents authorised in China to operate outward tourism. Each United Kingdom accredited agency is selected on the basis of a thorough risk assessment and trained in the operation of the bilateral scheme.
 
22 Mar 2005 : Column GC78
 

Under the agreement, agencies are responsible for ensuring the return of tourist groups to China. They will be required to provide posts with confirmation and evidence that tour groups have returned to China and must report, within 48 hours, any group or individual tourist who fails to return, or any other case of failure to comply with the memorandum of understanding. This will allow posts abroad to set enforcement action in hand where necessary. UKvisas will undertake spot checks to ensure that tourists have returned home and under the terms of the memorandum of understanding. The Chinese authorities will be notified of cases of non-compliance and have undertaken to work closely with posts to effect the return of individuals.

It is in the interests of China and the UK to have a well-run scheme and we will work together to that end, resolving any difficulties at the earliest opportunity. If difficulties cannot be resolved, either side can suspend the operation of the scheme with 45 days' notice, and terminate it with three months' notice. We do not expect this to be something we will need to face but it is a clear and prudent safeguard.

Returning now to the implementation of the ADS agreement, in addition to this draft order, we will shortly be laying changes to the Immigration Rules to create a new category of "ADS visitor" to cater for those seeking entry to the UK under the agreement. This is necessary because the requirements for entry to the UK under the ADS agreement differ from those for ordinary visitors under the Immigration Rules. The Immigration Rules provide that an individual seeking entry to the UK as a visitor must demonstrate that he is genuinely seeking entry to the UK as a visitor for a maximum period of six months; that he has sufficient funds to support and accommodate himself and any dependants without working or recourse to public funds; and that he will leave the UK at the end of his visit.

Those seeking entry under the ADS arrangements will have to meet the same requirements as ordinary visitors, but in addition, an applicant must be a Chinese national; must intend to enter, travel and leave the UK as part of a group and will be granted a maximum of 30 days' leave, with no possibility of an extension of stay. Once these amendments have been approved by both Houses of Parliament, we will lay the changes to the Immigration Rules to reflect the terms of the ADS agreement. These ADS arrangements will exist in addition to the visitor rules, to facilitate group travel from China by allowing visas to be issued to groups of tourists via a designated tour operator.

Now let me turn to the order itself and explain why the Government are seeking to make these amendments. The Immigration (Leave to Enter and Remain) Order 2000 made provision for a visa, or other entry clearance, to have effect as leave to enter the UK. Prior to the order, entry clearance would be issued by a British mission overseas to those who had demonstrated that they qualified for entry to the UK, but the decision to grant permission to enter the UK was taken by an immigration officer at the port of
 
22 Mar 2005 : Column GC79
 
entry. From 2 October 2000, entry clearances have had effect as leave to enter the UK and the immigration officer at the port of entry simply verifies that the entry clearance is valid and in a genuine passport.

The order currently provides for visit visas to be multi-entry. This means that someone who enters the UK as a visitor may leave and re-enter the country as many times as they wish during the period for which their visa is valid as long as each visit does not exceed the maximum permitted stay of six months.

Multi-entry visas would not be appropriate—or, indeed, necessary—for ADS tourists. We need to amend the order so that visit visas issued to ADS tourists under the agreement are valid for either one or two entries to the United Kingdom during the period for which the visa is valid. Under the ADS agreement, it has been decided that tourist groups coming to the UK under this scheme will normally be issued single-entry visit visas, which can be used to enter the UK on one occasion only.

However, there is also provision in the agreement for dual-entry visas to be issued to those tour groups which wish to combine ADS tourist travel to the UK with ADS travel to other countries in Europe. These amendments will ensure that ADS tourists can be granted a visa which reflects their travel itinerary while, at the same time, enabling the United Kingdom to maintain a robust immigration control.

We are also taking this opportunity to amend the LTE/R order to make provision for single-entry visit visas to be issued in certain other circumstances—for example, where a person has been summoned and is being admitted to the United Kingdom for a short period as a trial witness; or where there is a compassionate element that adds weight to a person's application to visit—for example, to attend a funeral. I commend the order to the Committee.

Moved, That the Grand Committee do report to the House that it has considered the Immigration (Leave to Enter and Remain) (Amendment) Order 2005 [10th report from the Joint Committee].—(Lord Bassam of Brighton.)

---