HC Deb 16 June 1971 vol 819 cc535-6

Amendment made: No. 27, in page 6, line 39, leave out from beginning to 'and' in line 42, and insert: (3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him.—[Mr. Sharples.]

8.0 p.m.

Mr. Sharples

I beg to move, Amendment No. 32, in page 7, line 13, leave out subsection (5).

In Standing Committee we discussed the meaning of subsection (5) and I remember having to explain its provisions, which were not completely obvious to the members of the Committee or to myself without the benefit of the brief which I had.

The intention of the subsection was to ensure that when for any reason a deportation order ceased to have effect, there would be no risk of the person previously subject to it challenging the legality of any action taken under it. This followed a provision contained in Section 9(3) of the Commonwealth Immigrants Act, 1962.

There was quite a lot of criticism of the wording by my hon. Friend the Member for Hertfordshire, South-West (Mr. Longden), the hon. Member for Roxburgh, Selkirk and Peebles (Mr. David Steel) and the hon. and learned Member for Dulwich (Mr. S. C. Silkin). I undertook to have another look at the wording and that led us to question whether the subsection was necessary, and we came to the conclusion that it was not. The effect of the Amendment is to remove it from the Bill.

As the subsection was universally criticised, I hope that the Amendment will be universally supported.

Mr. Peter Archer

For the Opposition, I can implement the hon. Gentleman's hope. We are duly grateful for the way in which he has met us. If the Government would be as frank and forthcoming on every matter, we should make much quicker progress.

Amendment agreed to.

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