HC Deb 16 April 1970 vol 799 cc1555-8
12. Mrs. Knight

asked the Secretary of State for the Home Department whether he will take steps to end the situation whereby an immigrant who enters Great Britain illegally need only remain undetected for 28 days to have his entry accepted.

30. Mr. Montgomery

asked the Secretary of State for the Home Department why an illegal immigrant must only remain undetected for 28 days to have his entry accepted; and what plans he has to remedy this situation.

Mr. Merlyn Rees

A Commonwealth citizen who enters the United Kingdom without being examined by an immigration officer commits an offence for which he can be prosecuted up to six months from his illegal entry.

Mrs. Knight

But since the Commonwealth Immigrants Act, 1968, specifically extended from 24 hours to 24 days the period within which a Commonwealth citizen may be required to submit to examination by an immigration officer, does the hon. Gentleman not feel that there is a widespread belief that the situation by which many of those who traffic in the filthy business of helping people to come into this country illegally ought to be altered?

Mr. Rees

There may be a widespread belief, but I hope the hon. Lady will help to dispel it, because people who believe that are wrong. What in fact happens is that, up to 28 days, an immigration officer can deal with the case and send a person back as if the person had not entered the country. Up to six months, as with other summary jurisdiction, the person concerned can still be prosecuted. Therefore, it is not 28 days, but six months.

Mr. Montgomery

Does the hon. Gentleman not feel that this is completely illogical? Is it not tantamount to saying that somebody who has committed a criminal offence and who remains undetected for six months should then go free? Why do we have this discrimination in favour of people who enter the country illegally?

Mr. Rees

There is no discrimination, because under the general provisions of the law, which are concerned with all people whatever their colour or wherever they have come from, under the Magistrates' Courts Act, 1952, a person cannot be prosecuted after six months have elapsed. It is not a special rule in this case, but is something to be found in many walks of legal life.

Mr. Hogg

While I agree with the hon. Gentleman that the period of six months is the ordinary period for summary offences, is he not aware that what is done in these cases sometimes amounts to common law conspiracy, in relation to which the period is indefinite and can be followed by deportation?

Mr. Rees

The right hon. Gentleman is correct with regard to common law conspiracy. This policy ought to be brought to the notice of those who are wrongly informed on this matter. Because of the problems involved in the period of six months, the matter is worth keeping an eye on if it is felt that a large number of people are entering the country in this way. But our evidence is that this is not the case.

13. Mrs. Knight

asked the Secretary of State for the Home Department whether he will end the practice whereby immigrants who enter this country illegally and remain without detection for 28 days are entitled to entry certificates for their dependants.

Mr. Merlyn Rees

The wife and children under 16 of a Commonwealth citizen resident in the United Kingdom have an entitlement to join him, provided they have obtained entry certificates. My right hon. Friend has in mind the possibility of amending the law so as to remove this entitlement if the man's entry was unlawful or he has exceeded his permitted stay.

Mrs. Knight

Could the Minister assure his right hon. Friend that such a move would be warmly welcomed, because there is no excuse for anybody who has entered the country illegally to be able to bring in a wife and dependants, particularly at a time when so many holders of Commonwealth passports are not able to come to this country?

Mr. Rees

The dependants have to have an entry certificate in the country of origin, so that it is not likely that people who are illegally here would apply in under six months. In my experience the large majority of people who are here illegally came here longer than four or five years ago, because immigration control is much firmer and tighter in recent years than it was in the past.