Immigration and Asylum Bill (Hansard, 19 July 1999)

HL Deb 19 July 1999 vol 604 cc660-744 660

§ 3.3 p.m.

§ Lord Williams of Mostyn
My Lords, I beg to move that the House do now again resolve itself into Committee on this Bill.

§ Moved, That the House do now again resolve itself into Committee.—(Lord Williams of Mostyn.)

§ On Question, Motion agreed to.

§ House in Committee accordingly.

§ [The CHAIRMAN OF COMMITTEES in the Chair.]

§ Clause 31 [Assisting illegal entry and harbouring]:

§ The Minister of State, Cabinet Office (Lord Falconer of Thoroton) moved Amendment No. 54:

§ Page 21, line 30, after ("acquitted") insert (" , the charge against him is dismissed or the proceedings are discontinued").

§ On Question, amendment agreed to.

§ Lord Falconer of Thoroton moved Amendment No. 55:

§ Page 22, line 6, at end insert— ("() In the application to Scotland of subsection (1)—

(a) in paragraph (a), for "charge the arrested person with" substitute "institute criminal proceedings against the arrested person for";
(b) in paragraph (b), for "if the arrested person has been charged" substitute "if criminal proceedings have been instituted against the arrested person"; and
(c) at the end insert "and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service of an indictment or complaint on him".").

§ The noble and learned Lord said: This is a minor amendment to adapt subsection (1) of the new Section 25A for Scotland to take account of the differences in Scottish criminal procedure and proceedings. The amendment makes clear that the ship, aircraft or vehicle may be detained until the first appearance of the arrested person before the sheriff on petition or until the indictment or complaint is served on him.

§ There may be a need to bring forward a further, tidying amendment at Report stage, but this amendment is necessary to make proper provision for Scottish procedures. I commend the amendment to the House. I beg to move.

§ On Question, amendment agreed to.

§ Clause 31, as amended, agreed to.

§ Lord Williams of Mostyn moved Amendment No. 56: After Clause 31, insert the following new clause—

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