Immigration Bill

Debate between Lord Pannick and Lord Ramsbotham

Wednesday 19th March 2014 Lords Chamber

[Lord Pannick (CB)]

My Lords, I share the concerns expressed by the noble Baroness, Lady Hamwee, in relation to Clause 62. In particular, will the Minister give the Committee an assurance that there will be transparency as to what proportion of the fees will relate to,

“the costs of exercising the function”,

and what proportion will address other matters? It is very important that the public and both Houses of Parliament know the breakdown of the fees in that respect.

I am concerned also about Clause 66(3), which is the subject of the probing amendment in the name of the noble Baroness, Lady Smith of Basildon, and relates to “Transitional and consequential provision”. I agree with the comments of the Delegated Powers Committee that it would be highly desirable to make clear in the Bill that this power is intended to cover only existing legislation and not to give a power to amend, repeal or revoke future enactments. I am sure that that cannot have been the intention but it is highly desirable that this should be clarified.

I do not think that there is any risk, which the Delegated Powers Committee was concerned about, that Clause 66(3) could be interpreted to allow for amendment of this legislation. As I understand it, it is linked to Clause 66(2). It allows an amendment to repeal or revoke,

“in consequence of this Act”.

It seems to me that to amend this legislation could not be in consequence of this Act. But if it is the Government’s intention to confer a power by Clause 66(3) to amend this legislation, please will the Minister say so.

[Lord Ramsbotham (CB)]

My Lords, I beg the indulgence of the Committee if I raise a matter which may appear to be more relevant to an earlier part of the Immigration Bill that the House has already taken. I should like to ask the Minister at what stage either the Secretary of State or any other Minister in the Home Office became involved in the case of Alois Dvorzac, an 84 year-old Canadian who died in handcuffs at Harmondsworth detention centre? He was born in Slovenia and was on his way from Canada to Slovenia, in transit through Gatwick, when he was taken from Gatwick and put into Harmondsworth, where he died. He neither claimed United Kingdom nationality nor had it removed. Therefore, this seems to be something of which the United Kingdom should fairly be ashamed. At what stage did Home Office Ministers become involved in this tragic affair?