HC Deb 15 July 1996 vol 281 cc829-30

Lords amendment: No. 4, in page 3, line 17, at end insert ("by statutory instrument").

The Parliamentary Under-Secretary of State for the Home Department (Mr. Timothy Kirkhope)

I beg to move, That this House doth agree with the Lords in the said amendment.

Madam Deputy Speaker

With this, it will be convenient to discuss Lords amendment No. 5.

Mr. Kirkhope

Lords amendments Nos. 4 and 5 provide that the first order designating countries outside the European Union to which applicants can be removed without a suspensive right of appeal will be subject to the affirmative resolution procedure, and subsequent orders will be subject to the negative resolution procedure. The Government gave careful consideration to the report of the Select Committee on the scrutiny of delegated powers, and accepted its recommendation in full.

I assure the House that the initial order that we shall lay before it in draft will be as comprehensive as possible. The countries that we have identified as possible candidates for designation under this clause are the United States, Canada, Switzerland and Norway. We envisage that the order-making power will be used sparingly.

Mr. Henderson

The House will welcome the Government's conversion on this issue, which relates to an applicant's ability to appeal against the rejection of his application for political asylum after coming through a third country. The Government's original position was that, regardless of what the country was, what language was spoken there and the state of its legal system, the applicant must return to it to make an appeal. In Committee, it was emphasised to the Government that that was an impractical proposition. The Government have accepted that, and their Ministers in another place have tabled the amendments, which I am sure that the House will welcome.

I must enter one word of caution. I hope that the Government will not use the amendments to extend the list way beyond the European Union in a way that would reinstate their original proposition. Perhaps the Minister could give me an assurance on that.

Mr. Kirkhope

Perhaps the hon. Gentleman was not listening. My final remark was that we intended to use the power sparingly, and that is what we shall do. Moreover, as I said, the first list, which will be subject to affirmative resolution, will be as comprehensive as possible, thus allowing the House as much opportunity as possible to discuss it.

Lords amendment agreed to.

Lords amendment No. 5 agreed to.

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