§ Lords Amendment: No. 44, in page 26, line 31, at end insert "in the United Kingdom".
§ Mr. SharplesI beg to move, That this House doth agree with the Lords in the said Amendment.
§ Mr. SpeakerIt might be for the convenience of the House to take at the same time Lords Amendment No. 66, in Schedule 2, page 45, line 28, after "Kingdom" insert:
or before the directions for his removal have been fulfilled".
§ Mr. SharplesAmendment No. 44 paves the way for Amendment No. 66, which is the substantive Amendment affecting paragraph 17 of Schedule 2. Its purpose is to ensure that, where directions are given under paragraphs 8 to 14 of that Schedule, after refusal of entry or illegal entry, or under paragraph 1 of Schedule 3 which refers to deportation, for the removal of a person from the United Kingdom, the captain of the ship or aircraft may be required to prevent him from disembarking until the directions are fulfilled, and has express legal authority to detain him on board until he reaches his destination.
As the Bill stands there is an anomaly that, although the removal directions will specify a destination and the person concerned has an appeal as to destination under Clause 17, the captain of the ship or aircraft to whom directions are given has no clear authority to enforce them by restraining the person from attempting to disembark at some other destination. The Amendment is made to ensure that a carrying company is not put at risk of legal action being taken against it in this country because it has sought to enforce directions lawfully given to it by the Immigration Service.
§ Mr. Merlyn ReesThe Minister referred to a carrying company. Does this refer to carrying companies of any nationality and not just our own?
§ Mr. SharplesYes, the lion. Gentleman is quite correct. This was at the representation of B.O.A.C. and the Chamber 634 of Shipping, but it refers to a carrying company or carrier of any nationality.
§ Question put and agreed to.