HL Deb 29 October 1998 vol 593 cc2102-3

22 Clause 7, Page 6, line 3, leave out from ("may") to end of line 9 and insert (", to the extent he considers it necessary to ensure that the tribunal can provide an appropriate remedy in relation to an act (or proposed act) of a public authority which is (or would be) unlawful as a result of section 6(1), by order add to—

  1. (a) the relief or remedies which the tribunal may grant; or
  2. (b) the grounds on which it may grant any of them.").

Lord Williams of Mostyn

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 22. I shall speak also to Amendment No. 24.

The noble Earl, Lord Russell, is just departing but he ought not to, because I deal with a question that he raised on an earlier occasion. I caught him just in time. I was about to pay a glowing tribute to him and did not wish him to read it at second hand and stale tomorrow morning. Amendment No. 22, to which I link Amendment No. 24, clarifies the intended effect of the power in Clause 7(13) to make an order in relation to tribunals. When we considered what became the Asylum and Immigrations Appeals Act 1993, the noble Earl pointed out that there might be the consequence that a special adjudicator would be prevented from determining whether an appellant's removal would breach his convention rights. When the noble Earl raised it with me, I said that I would give it careful consideration. We have done so, and we think that the current wording might be misinterpreted. It might be read as implying that no tribunal would be able to take account of convention rights unless and until a Minister made an order under Clause 7(13).

Therefore, we have introduced these amendments in order to bring about the consequence which the noble Earl wanted, namely, to make it quite plain that the gap he feared is not to exist. I beg to move.

Moved, That the House do agree with the Commons in their Amendment No. 22.—(Lord Williams of Mostyn.)

Earl Russell

My Lords, I thank the Minister warmly and apologise for my mistaken intended departure.

Lord Lester of Herne Hill

My Lords, these amendments are most welcome. I believe that the gap was exposed first, not only by my noble friend Lord Russell but also by two prominent members of the Bar, Murray Hunt and Rubindar Singh. I too was involved in it at one stage. It is obviously right to make quite clear that the tribunals will give full effect to the convention rights, as these amendments do.

Lord Williams of Mostyn

My Lords, I commend the amendment to the House.

On Question, Motion agreed to.

4.45 p.m.