Immigration Bill

Debate between Lord Mackay of Clashfern and Lord Phillips of Worth Matravers

Wednesday 9th March 2016 Lords Chamber

[Lord Mackay of Clashfern (Con)]

My Lords, in relation to the point made by the noble Lord, Lord Rosser, as against the clause as introduced, the virtue of the clause as amended by the government amendment is that the prosecutor would have to prove that the person in question knew or had reasonable cause to believe that he was disqualified, whereas in Amendment 46, which was proposed by the noble Lords, Lord Rosser and Lord Kennedy of Southwark, the onus would be the other way: in other words, the defence would have to prove that the matter was done without reasonable cause. I think that that is the nature of the law in this matter. So in a sense the government amendment has greater protection for the person alleged to have committed the offence than Amendment 46 would have done.

[Lord Phillips of Worth Matravers (CB)]

On that point, my Lords, I have had occasion under another statute to consider the phrase “without reasonable excuse” in a judicial capacity, and I found it impossibly imprecise.