CLAUSE 10.—(Admission of Former) (Hansard, 17 December 1919)

§ Sir J. BUTCHER
I think that the words inserted by the Lords require a little amendment. The substance of the new Sub-section (3) is that if any former enemy alien has been in fact exempted from deportation, and then goes out of the country, he should be allowed to come back again freely; in other words, once he obtains exemption and he goes out of the country, you should not keep him out, but allow him to come back. Thai is quite reasonable. As the Sub-section is drawn, however, it would give that liberty not merely to the man who had been exempted from repatriation, but to every enemy alien who had managed to 593 slip out without getting exemption. He could say, "I am coining back, and shall remain here as long as I like." I do not think that that is the intention of the Lords Amendment, and it ought to be made clear that that is not the intention. I therefore wish to move, as an Amendment to the Lords Amendment, in Subsection (3), after the word "Act," to insert the words "and who has been exempted from deportation or repatriation by any Advisory Committee appointed since the first day of January, nineteen hundred and' eighteen" That means that the privilege to come back and remain in this country indefinitely shall be confined to those who have been exempted from repatriation or deportation, either by Mr. Justice Sankey's Committee in 1918 or by Mr. Justice Younger's Committee this year, or by any Committee appointed under this Bill.

§ Lord H. CECIL
On a point of Order. Is not the hon. Member too late? Has not the Question already been put?

Mr. SPEAKER
I have put the Question, "That this House doth agree with the Lords in the said Amendment," and the hon. Member's Amendment has only just this moment been handed to me.

§ Sir J. BUTCHER
Before you put the Question again I beg leave to move to insert certain words at the end of Subsection (4) of the Lords Amendments. Before I mention the words I should like to explain shortly what is the effect of this Amendment. It is that where a former enemy alien, formerly resident is the United Kingdom, who has a British born wife or child—

Mr. SPEAKER
Order, order. I have put the Question, "That this House doth agree with the Lords in the said Amendment," and we must dispose of that before taking any other Amendment.

§ Sir J. BUTCHER
I beg to move, at the end of the Lords Amendment last agreed to, to insert the words Provided that the provisions of this subsection shall not apply to any former enemy aliens; against whom an order for deportation or repatriation has been made. The object of the main Amendment is that where a former enemy alien formerly resident in the United Kingdom, and having a British-born wife, or child under 594 sixteen, still resident in the United Kingdom, applies within a certain time to the Secretary of State for permission to land, the Secretary of State shall refer his application to the Advisory Committee, and if the Committee recommend he shall be so permitted, that then he may be allowed to remain here for an indefinite period. That is right where an enemy alien is not already under a sentence of deportation, but if he has already been ordered to be deported I do submit that it would not be right that he should, under this Section, be allowed to come back. That seems common sense. If an order of deportation has been made, and he goes out of the country, and then within a month or so says to the Home Secretary, "Let me come back," it looks as though under this Section he could come back.

§ Sir H. NIELD
I beg to second the Amendment.

§ Mr. SHORTT
I hope the House will not press me to accept this Amendment. It really would negative the whole of the, last Amendment which the House has just agreed to. The object is that where a man has been allowed to remain here and he has gone abroad temporarily for some reason, he should be allowed to come back as though he had never left the country. Equally, Clause 4 gives a right of appeal where there may be a change of circumstances, or, may be, other circumstances can be shown, and this is decided not by the Home Secretary but by his Advisory Committee. It is simply a case of allowing a man who has a wife and children here who thinks that there are circumstances which might vindicate him with regard to that which has already been done to him to bring the matter again before the Advisory Committee. That does not weaken the Bill as it stands, and if these words are accepted it will really negative the whole of the Lords Amendments which the House has agreed to.