HC Deb 15 November 1962 vol 667 cc541-2
7. Sir C. Osborne

asked the Secretary of State for the Home Department if he is aware that there is uncertainty in magistrates' courts about the power to compel a Commonwealth immigrant who is recommended for deportation because of conviction for crime to take his family with him; if he will introduce legislation to clarify the position; and if he will make a statement.

Mr. Fletcher-Cooke

There is no power to compel an offender's family to accompany him when he is deported and my right hon. Friend does not consider that any such provision is called for. My right hon. Friend hopes that the publicity given to this Answer will serve to remove any uncertainty that may have existed on this point.

Sir C. Osborne

Since this dilemma arose in a London magistrates' court and the magistrate said that the law was not clear on the matter, will this Answer clear up the question for all magistrates' courts?

Mr. Fletcher-Cooke

I hope so. I think that the law is quite clear that there is no power in such circumstances.

Mr. C. Royle

Will the hon. and learned Gentleman pass on to his right hon. Friend the Home Secretary the thanks of very many magistrates far the statement that he made on this subject at Durham yesterday?

Mr. Fletcher-Cooke

My right hon. Friend has heard that encomium.

Mr. Awbery

Can the Minister tell us whether any cases have been reported to him of Englishmen, Scotsmen or Welshmen being deported from the Commonwealth for committing a crime there and, if so, whether their families were sent home with them?

Mr. Fletcher-Cooke

I should require notice on the Order Paper of that question.