HC Deb 12 June 2002 vol 386 cc927-8
Ms Rosie Winterton

I beg to move amendment No. 239, in page 51, line 34, after "66(1)", insert— 'of the Nationality, Asylum and Immigration Act 2002'.

Mr. Deputy Speaker

With this, it will be convenient to discuss the following: Government amendments Nos. 240, 241, 208 to 212 and 248.

Ms Winterton

These are mainly minor and technical amendments, but it might help if I run through them briefly in a little more detail—[Interruption.]

Mr. Deputy Speaker

Order.

Ms Winterton

rose—

Mr. Deputy Speaker

Will the Minister please resume her seat while I am on my feet? I am trying to restore peace for her. Will hon. Members who are not staying for this debate please retire quickly and quietly?

Ms Winterton

New clause 13 and new schedule 2 make provision relating to changes to the civil penalty and carriers' liability. Amendments Nos. 210, 211 and 212 to schedule 7 are minor and consequential amendments necessitated by new clause 13 and new schedule 2.

7.30 pm

The exception is the amendment to section 37(3)(c) of the Immigration and Asylum Act 1999, which addresses a non-binding concern of the Court of Appeal in Roth. It strengthens the rights of an applicant seeking the release of a detained vehicle by removing the requirement for them to have a "compelling need" for its release.

Amendment No. 208 repeals section 25A(7) of the 1971 Act, which is being renumbered as section 25D. Section 25A relates to the detention of ships, aircraft and vehicles in connection with offences of assisting illegal entry and harbouring. Subsection (7) is no longer necessary, as the definition of an owner is being added to the interpretation section by new clause 12.

Amendment No. 209 repeals references in section 28A of the 1971 Act to powers of arrest when a person is suspected of having committed an offence under the present section 25(2) of the Act. Section 25(2) is being repealed, and the new section 25(2) will not contain a separate offence. These repeals follow from that.

On amendment No. 248, hon. Members will recall that we discussed yesterday new clauses 14 and 15. Non-suspensive appeal rights will come into force on Royal Assent as a result of those new clauses, but the other provisions of part 5 will come into force at a later date. Therefore, there will be a transitional period while part IV of the 1999 Act continues to operate at the same time as the new non-suspensive system. Amendment No. 248 amends part IV so that there is no conflict between the new and old systems.

Amendments Nos. 239 to 241 correct a drafting error. Clause 97 introduces a new version of section 3C of the 1971 Act to extend a person's leave while their application is outstanding. However, the clause lacks references to the Act that is being referred to. I am amazed that Opposition Members—especially the hon. Member for Upminster (Angela Watkinson), who has a reputation for spotting these problems—did not notice that and table such an amendment themselves.

Having given that explanation, I hope that hon. Members will accept the amendment.

Amendment agreed to.

Amendments made: No. 240, in page 51, line 38, at end insert "of that Act)."

No. 241, in page 52, line 1, leave out— 'the Nationality, Immigration and Asylum Act 2002' and insert "that Act)."—[Beverley Hughes.]

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