§ Mr. Max Madden (Bradford, West)On a point of order, Mr. Speaker. I apologise for not giving you prior notice of my point of order, but it concerns something that has arisen this afternoon. You will recall that on 22 November the Government announced their intention to introduce a charge for entry clearance. I made inquiries of the Library as to the procedure that the Government intended to use, and was advised that the provision for the fee for entry clearance for Commonwealth citizens is to be achieved by a new order under the consular Fees Act 1980 to amend the Consular Fees Order 1983. In paragraph 22 of the schedule to the order, it is proposed to add the phrase "for entry certificate". I made further inquiries this afternoon and was told that the Joint Committee on Statutory Instruments, &c. is to consider a new order this afternoon. However I am specifically advised that the words "for entry certificate" are not included.
Will you initiate inquiries of the Foreign Office, Mr. Speaker, to find out how it intends to proceed? Many of us believe that a statutory instrument that imposes a charge on Commonwealth citizens is ultra vires. We further believe that a statutory instrument cannot diminish a right conferred by statute unless the legislation under which the statutory instrument is made expressly provides for such a diminution. The Consular Fees Act 1980 does not do so. We are advised the Parliament can never have intended the Act to be construed in a way that deprives people of a widely debated right preserved by the Immigration Act 1971, and which was reaffirmed in the House by Lord Whitelaw, as he now is, as recently as 11 November 1982. I am further advised that the Joint Committee on Statutory Instruments, &c. meets next Tuesday and that it would be in order for that Committee to consider a statutory instrument including the words "for entry certificate". If that were to happen I am further advised that there would be no opportunity for Parliament to express its approval, nor would there be an opportunity for any of us to pray against such an order.
754 Widespread concern is felt about the matter. Early-day motion 200, signed by mysef and 29 other hon. Members, expresses concern and
requests reconsideration of the proposal made on 22 November to introduce, for the first time, a charge for entry certificates for Commomwealth citizens, and points out that refusal of an entry certificate, simply because the fee cannot be paid, would not be lawful under the Immigration Act 1971.I should be grateful, Mr. Speaker, if you would make inquiries about which procedure the Foreign Office intends to pursue so that Parliament and others concerned about such matters have the opportunity to make representations against the introduction of a charge which we believe to be illegal and a diminution of rights conferred by statute on Commonwealth citizens and their families.
§ Mr. SpeakerThe hon. Gentleman did not give me notice of that point of order. It is a complicated subject. From what I heard the hon. Gentleman say, surely this is a matter for the Statutory Instruments Joint Committee. The Government Front Bench will have heard what has been said. The content of a statutory instrument is not a matter for me. I cannot make a decision what is in a statutory instrument.