§ `.—(1) No rule made by virtue of Schedule 2 of this Act shall provide for a notice of appeal against an asylum decision to be given, unless it provides for a period of ten days after receiving notice of the decision to give notice of appeal.
§ (2) Asylum decision in this section means a decision to refuse leave to enter the United Kingdom or to remove a person from the United Kingdom or to refuse to vary the leave of a person in the United Kingdom, or to make a decision to deport, or to refuse to revoke a deportation order, or to refuse entry clearance to the United Kingdom where the grounds of appeal are that the decision is contrary to the United Kingdom's obligations under the Convention.
§ (3) Where the Secretary of State has given a certificate under paragraph 4 of Schedule 2 to this Act the period of ten days shall be read as a period of five days.'.—[Mr. Blair.]
§ Brought up, and read the First time.
§ Mr. Deputy Speaker (Mr. Michael Morris)With this it will be convenient to discuss the following amendments:
No. 24, in page 13, line 28, at end insert—
'(4)(A)(1) The time limit for giving notice of any appeal shall be no less than 10 days unless the Secretary of State has certified that in his opinion the person's asylum claim is without foundation.(2) In the event that he shall so certify, the time limit shall be 2 days provided that the person is in detention and has submitted a claim for asylum on arrival to an immigration officer.'.No. 25, in page 13, line 33, leave out from 'he' to 'refer' and insert 'shall'.
§ Mr. BlairThe new clause and the amendments raise two issues: first, when the accelerated procedure for lodging appeals arises under the legislation—in other words, the 48–hour rule—and, secondly, whether that time limit is sufficient for those with appeals to be able to lodge them properly.
In respect of the first issue, the category of cases to which the 48–hour rule applies, the intention of the Government was put on the record in Committee when the Minister made it clear that the accelerated procedure—the fast-track procedure—for hearing appeals should apply only to port entry cases where the person was in detention and the Secretary of State had certified the claim as groundless. It was made clear that those two preconditions should apply. That is somewhat at odds with the explanation of the legislation given by the Secretary of State on Second Reading, but we will let that pass.
667 The problem is that the interpretation and intention of the Government is by no means clear from the legislation and the rules themselves. Rule 5(2) of the draft appeal rules states:
The time limit for giving notice of appeal shall be two days in a case where the appeal is made under section 7(1) of this Bill.Clause 7(1) applies in any case where there has been personal service on the appellant of the notice of decision. On the face of it, the combination of the rules plus clause 7 means that this accelerated procedure applies in any circumstance when notice of the decision is served personally. As I understand it, the Government's answer to that is that, as a matter of practice, it will apply only to those in detention and, again as a matter of practice, the only people detained will be those whose claims are deemed groundless. Therefore, the Government say that the practical effect of their procedure is that the accelerated procedure will apply only to those with groundless claims who are in detention.I should be grateful if the Minister would address the following two points. First, the limitation on the plain meaning of the rules and the clause is not stipulated anywhere in the rules. Secondly, it does not appear to accord with practice. I am advised, and I have checked with a number of those operating in this area, that some people are detained even though their claims are not groundless, while some are served notices personally even though they have neither been detained nor are their claims groundless. The notion that this applies in practical circumstances—that personal service is effected only on those in detention whose claims have been certified as groundless—does not appear to be the case. Some notices arc served personally even though that applicant is neither in detention nor is his claim groundless.
If the Government's intention is clear and not in dispute. the simple solution would be to alter the rules to ensure that the stated intention accords with the precise letter of the rules. Since it is now three months since this matter was first raised on Second Reading, I should have thought that the Minister would be able to give us an undertaking about the rules and their nature.
The other issue on which I seek clarification is the time limit. I do not want to go back over the territory that we explored in relation to clause 6, but it has become increasingly clear from debates in Committee and in the House that when we talk about an accelerated procedure weeding out bogus claims, in reality the term "bogus" is a misdescription and a particularly pejorative one. Claims will be made in good faith but will concern the category of people who, although not strictly refugees under the United Nations convention, are in fear of their lives because they are fleeing from civil distress, civil war or some other calamity.
The two days for the accelerated procedure has been criticised by many of those who operate in that area. It has also been criticised by the Law Society, the Bar Council, churches, and experts on and representatives of refugee groups. As there is a procedure for that time limit to be extended, our amendment extending the two-day period to five days is not unreasonable.
I draw the Minister's attentition to the strong case that was made in the other place, when the matter was debated before the general election. Lord Ackner said that if the 668 appeal procedures are truncated and there is insufficient time for people to prepare and launch an appeal satisfactorily, the only danger that we face is an increase in the number of applications for judicial review. That is a much more protracted and costly process and would slow down the procedure for determination. If there were a possibility of that happening as result of shortening the appeal period, it would not be in the interests of applicants, the Government or those with a view of the public interest.
Will the Minister respond, first, to the time limit, which we believe is too short to allow proper preparation of the case, and, secondly, ensure that the draft appeal rules are brought into accordance with the Government's stated intentions so that there can be no mistake about people's rights or to whom the accelerated procedure will apply?
§ Mr. Charles WardleFirst, I give the assurance which the hon. Member for Sedgefield (Mr. Blair) seeks. I confirm that the draft rules will be amended in accordance with the undertakings that I gave in Committee. If those who are detained are refused but it is deemed that their case is not groundless, the accelerated timetable will not apply, so there will be a longer period. 1 hope that that clarifies another point which the hon. Gentleman raised.
New clause 4 and amendment No. 24 deal with time limits for bringing appeals and the accelerated procedure for certain unfounded cases. Although the hon. Member for Sedgefield said that he was reluctant to go back over that ground, I hope that he will be patient with me if I cover a little of it rapidly with the aim of clarification.
Paragraph 4 of schedule 2 sets up a special procedure for appeals against refusal of entry, refusal to revoke a deportation order or directions for removal as an illegal entry where the Secretary of State certifies the asylum claim to be without foundation. Where a special adjudicator agrees with that view, there is no further appeal to the tribunal. Where he does not agree, he may either allow or dismiss the appeal or he may refer the case back to the Secretary of State for reconsideration.
In addition, the draft procedure rules contain a provision for a shorter time limit for lodging an appeal against refusal of entry—two days instead of 10—where the notice of refusal is served in person. In practice, that means that the applicant will be detained. My right hon. and learned Friend made it clear on Second Reading that this shorter time limit is intended to apply only in cases where the claim is certified to be without foundation and I confirm that that will be incorporated into the draft procedure rules when they are revised.
Amendment No. 24 correctly summarises the position in which the shorter time limits will apply. However, time limits are appropriately dealt with in the procedure rules, rather than the primary legislation.
New clause 4 is misconceived in a number of ways. For example, it includes in the definition of an asylum decision a refusal of entry clearance to come to the United Kingdom. The Bill does not confer a right of appeal to a special adjudicator against refusal of entry clearance, since a person must be in the United Kingdom to claim asylum here.
Amendment No. 25 would require a special adjudicator who disagreed with the Secretary of State's view that a claim was without foundation to refer the case back for reconsideration rather than allowing or dismissing the appeal. In most such cases reference back will be the 669 appropriate course as there will not have been substantive consideration of the claim—for example, where my right hon. and learned Friend the Secretary of State considers the claim not to engage our obligations under the convention because it is proposed to remove the appellant to a safe third country. In cases where there has already been substantive consideration of the claim, however, the special adjudicator may have before him the necessary information to enable him to dismiss or allow the appeal and there is no good reason to prevent him from doing so.
I therefore urge the House to reject the new clause and both amendments.
§ Question put, That the clause be read a Second time:—
§ The House divided: Ayes 231, Noes 290.
672| Division No. 106] | [7.15 pm |
| AYES | |
| Abbott, Ms Diane | Darling, Alistair |
| Ainger, Nick | Davies, Bryan (Oldham C'tral) |
| Ainsworth, Robert (Cov'try NE) | Davies, Rt Ron Denzil (Llanelli) |
| Allen, Graham | Davies, Ron (Caerphilly) |
| Alton, David | Davis, Terry (B'ham, H'dge H'l) |
| Anderson, Donald (Swansea E) | Denham, John |
| Anderson, Ms Janet (Ros'dale) | Dewar, Donald |
| Armstrong, Hilary | Dixon, Don |
| Austin-Walker, John | Dobson, Frank |
| Banks, Tony (Newham NW) | Donohoe, Brian H. |
| Barnes, Harry | Dowd, Jim |
| Battle, John | Dunnachie, Jimmy |
| Bayley, Hugh | Eagle, Ms Angela |
| Beckett, Margaret | Enright, Derek |
| Beith, Rt Hon A. J | Etherington, Bill |
| Bell, Stuart | Evans, John (St Helens N) |
| Benn, Rt Hon Tony | Fatchett, Derek |
| Benton, Joe | Faulds, Andrew |
| Bermingham, Gerald | Field, Frank (Birkenhead) |
| Berry, Dr. Roger | Flynn, Paul |
| Betts, Clive | Foster, Derek (B'p Auckland) |
| Blair, Tony | Foulkes, George |
| Boateng, Paul | Fraser, John |
| Boyce, Jimmy | Fyfe, Maria |
| Bradley, Keith | Gapes, Mike |
| Bray, Dr Jeremy | Garrett, John |
| Brown, Gordon (Dunfermline E) | George, Bruce |
| Brown, N. (N'c'tle upon Tyne E) | Gerrard, Neil |
| Bruce, Malcolm (Gordon) | Godman, Dr Norman A. |
| Burden, Richard | Godsiff, Roger |
| Byers, Stephen | Golding, Mrs Llin |
| Callaghan, Jim | Gordon, Mildred |
| Campbell, Mrs Anne (C'bridge) | Graham, Thomas |
| Campbell, Menzies (Fife NE) | Grant, Bernie (Tottenham) |
| Campbell, Ronnie (Blyth V) | Griffiths, Nigel (Edinburgh S) |
| Canavan, Dennis | Griffiths, Win (Bridgend) |
| Carlile, Alexander (Montgomry) | Grocott, Bruce |
| Chisholm, Malcolm | Gunnell, John |
| Clapham, Michael | Hain, Peter |
| Clark, Dr David (South Shields) | Hall, Mike |
| Clarke, Eric (Midlothian) | Hanson, David |
| Clelland, David | Hardy, Peter |
| Clwyd, Mrs Ann | Harman, Ms Harriet |
| Coffey, Ann | Harvey, Nick |
| Cohen, Harry | Hattersley, Rt Hon Roy |
| Connarty, Michael | Henderson, Doug |
| Cook, Frank (Stockton N) | Heppell, John |
| Cook, Robin (Livingston) | Hill, Keith (Streatham) |
| Corbett, Robin | Hinchliffe, David |
| Corbyn, Jeremy | Hogg, Norman (Cumbernauld) |
| Corston, Ms Jean | Home Robertson, John |
| Cox, Tom | Hood, Jimmy |
| Cryer, Bob | Hoon, Geoffrey |
| Cummings, John | Howarth, George (Knowsley N) |
| Cunliffe, Lawrence | Howells, Dr. Kim (Pontypridd) |
| Cunningham, Jim (Covy SE) | Hoyle, Doug |
| Dafis, Cynog | Hughes, Kevin (Doncaster N) |
| Dalyell, Tam | Hughes, Robert (Aberdeen N) |
| Hughes, Roy (Newport E) | Prentice, Gordon (Pendle) |
| Hughes, Simon (Southwark) | Prescott, John |
| Hutton, John | Primarolo, Dawn |
| Ingram, Adam | Purchase, Ken |
| Jackson, Glenda (H'stead) | Quin, Ms Joyce |
| Jackson, Helen (Shef'ld, H) | Radice, Giles |
| Jamieson, David | Randall, Stuart |
| Janner, Greville | Redmond, Martin |
| Jones, Barry (Alyn and D'side) | Reid, Dr John |
| Jones, Jon Owen (Cardiff C) | Robertson, George (Hamilton) |
| Jones, Lynne (B'ham S O) | Robinson, Geoffrey (Co'try NW) |
| Jowell, Tessa | Roche, Mrs. Barbara |
| Kaufman, Rt Hon Gerald | Rogers, Allan |
| Keen, Alan | Rooker, Jeff |
| Kennedy, Jane (Lpool Brdgn) | Rooney, Terry |
| Khabra, Piara S. | Ross, Ernie (Dundee W) |
| Kinnock, Rt Hon Neil (Islwyn) | Rowlands, Ted |
| Leighton, Ron | Ruddock, Joan |
| Lestor, Joan (Eccles) | Sedgemore, Brian |
| Lewis, Terry | Sheerman, Barry |
| Lloyd, Tony (Stretford) | Sheldon, Rt Hon Robert |
| Lynne, Ms Liz | Shore, Rt Hon Peter |
| McAvoy, Thomas | Short, Clare |
| McCartney, Ian | Simpson, Alan |
| Macdonald, Calum | Skinner, Dennis |
| McFall, John | Smith, Andrew (Oxford E) |
| McKelvey, William | Smith, C. (Isl'ton S & F'sbury) |
| Mackinlay, Andrew | Smith, Rt Hon John (M'kl'ds E) |
| McLeish, Henry | Smith, Llew (Blaenau Gwent) |
| Maclennan, Robert | Snape, Peter |
| McMaster, Gordon | Soley, Clive |
| McNamara, Kevin | Spearing, Nigel |
| Madden, Max | Spellar, John |
| Mandelson, Peter | Squire, Rachel (Dunfermline W) |
| Marek, Dr John | Steinberg, Gerry |
| Marshall, Jim (Leicester, S) | Stevenson, George |
| Maxton, John | Stott, Roger |
| Meale, Alan | Strang, Dr. Gavin |
| Michael, Alun | Taylor, Mrs Ann (Dewsbury) |
| Michie, Bill (Sheffield Heeley) | Tipping, Paddy |
| Milburn, Alan | Turner, Dennis |
| Miller, Andrew | Walker, Rt Hon Sir Harold |
| Mitchell, Austin (Gt Grimsby) | Wallace, James |
| Moonie, Dr Lewis | Walley, Joan |
| Morgan, Rhodri | Wardell, Gareth (Gower) |
| Morley, Elliot | Wareing, Robert N |
| Mowlam, Marjorie | Watson, Mike |
| Mullin, Chris | Wicks, Malcolm |
| Murphy, Paul | Williams, Rt Hon Alan (Sw'n W) |
| O'Brien, Michael (N W'kshire) | Wilson, Brian |
| O'Brien, William (Normanton) | Winnick, David |
| O'Hara, Edward | Worthington, Tony |
| Olner, William | Wray, Jimmy |
| Orme, Rt Hon Stanley | Wright, Dr Tony |
| Pendry, Tom | Young, David (Bolton SE) |
| Pickthall, Colin | |
| Pike, Peter L. | Tellers for the Ayes: |
| Pope, Greg | Mr. Peter Kilfoyle and |
| Powell, Ray (Ogmore) | Mr. Eric Illsley. |
| Prentice, Ms Bridget (Lew'm E) |
| NOES | |
| Adley, Robert | Batiste, Spencer |
| Ainsworth, Peter (East Surrey) | Beggs, Roy |
| Alexander, Richard | Bellingham, Henry |
| Alison, Rt Hon Michael (Selby) | Bendall, Vivian |
| Allason, Rupert (Torbay) | Beresford, Sir Paul |
| Amess, David | Biffen, Rt Hon John |
| Ancram, Michael | Blackburn, Dr John G. |
| Arnold, Jacques (Gravesham) | Bonsor, Sir Nicholas |
| Ashby, David | Boswell, Tim |
| Aspinwall, Jack | Bottomley, Peter (Eltham) |
| Atkins, Robert | Bottomley, Rt Hon Virginia |
| Atkinson, Peter (Hexham) | Bowden, Andrew |
| Baker, Rt Hon K. (Mole Valley) | Bowis, John |
| Baker, Nicholas (Dorset North) | Boyson, Rt Hon Sir Rhodes |
| Baldry, Tony | Brandreth, Gyles |
| Banks, Matthew (Southport) | Brazier, Julian |
| Banks, Robert (Harrogate) | Bright, Graham |
| Bates, Michael | Brooke, Rt Hon Peter |
| Brown, M. (Brigg & Cl'thorpes) | Hannam, Sir John |
| Browning, Mrs. Angela | Hargreaves, Andrew |
| Bruce, Ian (S Dorset) | Harris, David |
| Budgen, Nicholas | Haselhurst, Alan |
| Burns, Simon | Hawkins, Nick |
| Burt, Alistair | Hawksley, Warren |
| Butler, Peter | Hayes, Jerry |
| Butterfill, John | Heald, Oliver |
| Carlisle, John (Luton North) | Heathcoat-Amory, David |
| Carlisle, Kenneth (Lincoln) | Hendry, Charles |
| Channon, Rt Hon Paul | Heseltine, Rt Hon Michael |
| Chaplin, Mrs Judith | Hicks, Robert |
| Chapman, Sydney | Higgins, Rt Hon Terence L. |
| Churchill, Mr | Hill, James (Southampton Test) |
| Clappison, James | Hogg, Rt Hon Douglas (G'tham) |
| Clark, Dr Michael (Rochford) | Horam, John |
| Clarke, Rt Hon Kenneth (Ruclif) | Hordern, Sir Peter |
| Clifton-Brown, Geoffrey | Howard, Rt Hon Michael |
| Coe, Sebastian | Howarth, Alan (Strat'rd-on-A) |
| Colvin, Michael | Howell, Rt Hon David (G'dford) |
| Congdon, David | Howell, Ralph (North Norfolk) |
| Conway, Derek | Hunt, Rt Hon David (Wirral W) |
| Coombs, Anthony (Wyre For'st) | Hunt, Sir John (Ravensbourne) |
| Coombs, Simon (Swindon) | Hunter, Andrew |
| Cope, Rt Hon Sir John | Jack, Michael |
| Cormack, Patrick | Jackson, Robert (Wantage) |
| Couchman, James | Jenkin, Bernard |
| Currie, Mrs Edwina (S D'by'ire) | Jessel, Toby |
| Curry, David (Skipton & Ripon) | Johnson Smith, Sir Geoffrey |
| Davies, Quentin (Stamford) | Jones, Gwilym (Cardiff N) |
| Davis, David (Boothferry) | Jopling, Rt Hon Michael |
| Day, Stephen | Kellett-Bowman, Dame Elaine |
| Deva, Nirj Joseph | Key, Robert |
| Devlin, Tim | Kilfedder, Sir James |
| Dicks, Terry | King, Rt Hon Tom |
| Dorrell, Stephen | Kirkhope, Timothy |
| Douglas-Hamilton, Lord James | Knapman, Roger |
| Dover, Den | Knight, Mrs Angela (Erewash) |
| Duncan, Alan | Knight, Greg (Derby N) |
| Duncan-Smith, Iain | Knight, Dame Jill (Bir'm E'st'n) |
| Dunn, Bob | Knox, David |
| Durant, Sir Anthony | Kynoch, George (Kincardine) |
| Dykes, Hugh | Lait, Mrs Jacqui |
| Eggar, Tim | Lamont, Rt Hon Norman |
| Elletson, Harold | Lang, Rt Hon Ian |
| Emery, Sir Peter | Lawrence, Sir Ivan |
| Evans, David (Welwyn Hatfield) | Legg, Barry |
| Evans, Jonathan (Brecon) | Leigh, Edward |
| Evans, Nigel (Ribble Valley) | Lester, Jim (Broxtowe) |
| Evans, Roger (Monmouth) | Lightbown, David |
| Evennett, David | Lilley, Rt Hon Peter |
| Faber, David | Lloyd, Peter (Fareham) |
| Fabricant, Michael | Lord, Michael |
| Fenner, Dame Peggy | Luff, Peter |
| Fishburn, Dudley | Lyell, Rt Hon Sir Nicholas |
| Forman, Nigel | MacGregor, Rt Hon John |
| Forsyth, Michael (Stirling) | MacKay, Andrew |
| Forth, Eric | Maclean, David |
| Fox, Sir Marcus (Shipley) | McLoughlin, Patrick |
| Freeman, Roger | McNair-Wilson, Sir Patrick |
| French, Douglas | Madel, David |
| Gale, Roger | Maitland, Lady Olga |
| Gallie, Phil | Malone, Gerald |
| Gardiner, Sir George | Mans, Keith |
| Garel-Jones, Rt Hon Tristan | Marland, Paul |
| Gill, Christopher | Marlow, Tony |
| Gillan, Cheryl | Marshall, John (Hendon S) |
| Goodlad, Rt Hon Alastair | Marshall, Sir Michael (Arundel) |
| Goodson-Wickes, Dr Charles | Martin, David (Portsmouth S) |
| Gorst, John | Mawhinney, Dr Brian |
| Grant, Sir Anthony (Cambs SW) | Merchant, Piers |
| Greenway, Harry (Ealing N) | Milligan, Stephen |
| Greenway, John (Ryedale) | Mills, Iain |
| Griffiths, Peter (Portsmouth, N) | Mitchell, Andrew (Gedling) |
| Grylls, Sir Michael | Mitchell, Sir David (Hants NW) |
| Hague, William | Moate, Roger |
| Hamilton, Rt Hon Archie (Epsom) | Molyneaux, Rt Hon James |
| Hamilton, Neil (Tatton) | Monro, Sir Hector |
| Hampson, Dr Keith | Montgomery, Sir Fergus |
| Hanley, Jeremy | Moss, Malcolm |
| Needham, Richard | Squire, Robin (Hornchurch) |
| Nelson, Anthony | Stanley, Rt Hon Sir John |
| Neubert, Sir Michael | Steen, Anthony |
| Newton, Rt Hon Tony | Stephen, Michael |
| Nicholls, Patrick | Stern, Michael |
| Nicholson, David (Taunton) | Stewart, Allan |
| Nicholson, Emma (Devon West) | Streeter, Gary |
| Norris, Steve | Sumberg, David |
| Onslow, Rt Hon Cranley | Sweeney, Walter |
| Oppenheim, Phillip | Sykes, John |
| Ottaway, Richard | Tapsell, Sir Peter |
| Page, Richard | Taylor, Ian (Esher) |
| Paice, James | Taylor, John M. (Solihull) |
| Patnick, Irvine | Taylor, Sir Teddy (Southend, E) |
| Patten, Rt Hon John | Temple-Morris, Peter |
| Pawsey, James | Thompson, Sir Donald (C'er V) |
| Peacock, Mrs Elizabeth | Thompson, Patrick (Norwich N) |
| Pickles, Eric | Thornton, Sir Malcolm |
| Porter, Barry (Wirral S) | Thurnham, Peter |
| Porter, David (Waveney) | Townsend, Cyril D. (Bexl'yh'th) |
| Portillo, Rt Hon Michael | Tracey, Richard |
| Powell, William (Corby) | Tredinnick, David |
| Rathbone, Tim | Trend, Michael |
| Redwood, John | Trotter, Neville |
| Renton, Rt Hon Tim | Twinn, Dr Ian |
| Richards, Rod | Vaughan, Sir Gerard |
| Riddick, Graham | Viggers, Peter |
| Robathan, Andrew | Walker, Bill (N Tayside) |
| Roberts, Rt Hon Sir Wyn | Waller, Gary |
| Robertson, Raymond (Ab'd'n S) | Ward, John |
| Robinson, Mark (Somerton) | Wardle, Charles (Bexhill) |
| Roe, Mrs Marion (Broxbourne) | Waterson, Nigel |
| Rowe, Andrew (Mid Kent) | Watts, John |
| Sackville, Tom | Wells, Bowen |
| Scott, Rt Hon Nicholas | Whitney, Ray |
| Shaw, David (Dover) | Whittingdale, John |
| Shaw, Sir Giles (Pudsey) | Widdecombe, Ann |
| Shephard, Rt Hon Gillian | Wiggin, Jerry |
| Shepherd, Colin (Hereford) | Wilkinson, John |
| Skeet, Sir Trevor | Willetts, David |
| Smith, Sir Dudley (Warwick) | Wilshire, David |
| Soames, Nicholas | Wolfson, Mark |
| Speed, Sir Keith | Wood, Timothy |
| Spencer, Sir Derek | Yeo, Tim |
| Spicer, Sir James (W Dorset) | Young, Sir George (Acton) |
| Spicer, Michael (S Worcs) | |
| Spink, Dr Robert | Tellers for the Noes: |
| Spring, Richard | Mr. Robert G. Hughes and |
| Sproat, Iain | Mr. James Arbuthnot. |
§ Question accordingly negatived.