HL Deb 07 July 2000 vol 614 cc1746-8

1.20 p.m.

Lord Bach rose to move, That the draft rules laid before the House on 27th June be approved [24th Report from the Joint Committee].

The noble Lord said: My Lords, I invite the House to approve the rules. These draft rules amend the Special Immigration Appeals Commission (Procedure) Rules 1998. A Special Immigration Appeals Commission, known as SIAC, was established in 1997 to deal with cases where the Home Secretary exercises his power to deport or exclude someone from the United Kingdom on national security grounds or other public interest reasons.

It was created in response to criticism by the European Court of Human Rights that arrangements for challenging the Home Secretary's decision in cases involving deportation on the grounds of national security did not comply with the European Convention on Human Rights. The commission is headed by a High Court judge. The Lord Chancellor appoints its members and makes its procedural rules. Unlike the non-statutory advisory panel, which it replaced, decisions of the commission are binding on the Home Secretary, appellants are entitled to representation and the commission can deal with bail applications. It also pioneered the arrangement for a special advocate to be appointed to safeguard the interests of the appellant when he and his representative have to be excluded because confidential information is being considered. The Home Secretary exercises his powers only occasionally. The House will be interested to know that the commission has heard three appeals so far.

The Lord Chancellor will probably want to review the rules fairly soon in the light of experience. However, the main purpose of the current amendments is to give effect to new provisions arising from Part IV of the Immigration and Asylum Act 1999, which we intend to bring into force on 2nd October this year. These are the one-stop appeal procedure and the transfer of cases from the immigration appellate authorities to the commission. There is also some tidying up of the original rules.

The one-stop procedure will require applicants to cite at an early stage all the grounds they have for wishing to remain in the United Kingdom, rather than, as now, making a series of applications and appeals. As part of the one-stop process, members of an applicant's family will also need to raise any additional grounds which they may have for wishing to remain in the United Kingdom.

By providing a framework for all aspects of an appellant's case and those of his family to be dealt with at the same time, the one-stop procedure represents a real streamlining of the system and one which will help us to realise our vision of a fairer, faster and firmer process for immigration and asylum appeals.

The way the procedure will work is that when the Secretary of State serves a negative decision attracting a right of appeal in the United Kingdom, he will require a statement of any additional grounds for remaining in the UK. If the person is appealing, that must accompany the notice of appeal. The Secretary of State will review the case in the light of the appeal and any statement of additional grounds. If he maintains his negative decision, he will explain why. Further appeal rights may arise from any additional grounds given for remaining in the UK and appellants will be able to supplement their appeal notice in respect of those. The time limits for appealing mirror those proposed for appeals to the immigration appellate authorities.

Those appealing from abroad will have 28 days to lodge their appeal. We believe it essential that those anxious to enter the UK should appeal against a refusal of entry very quickly. We consider that 28 days is a reasonable time for them to do that.

Those appealing within the UK will have a two-stage time limit. First, they will have five days to lodge their appeal and any statement of additional grounds. That is fast, but it is surely vital that people facing possible removal should say straightaway if they think the Secretary of State has made a mistake and raise any other grounds they wish to have taken into account. Secondly, if the negative decision is maintained, they will then have another five days to supplement their appeal if there are appealable issues arising from any additional grounds they gave for remaining in the United Kingdom. Importantly, between those two steps, they will have time for reflection while the Secretary of State considers their appeal and additional grounds. There is, of course, no reason why a person should not raise all their reasons for staying here in the very first instance, and applicants will be encouraged to do so.

Apart from the one-stop appeal procedure, the amendments enable the transfer of appeals from the immigration appellate authorities to the commission. This will cater for cases in which national security considerations are introduced either by the appellant or by the Secretary of State when an appeal is already before the immigration appellate authority.

The rest of the amendments remove inconsistencies arising from the introduction of the new procedures, and tidy up ambiguities in the 1998 rules. I invite the House to approve the rules.

Moved, That the draft rules laid before the House on 27th June be approved [24th Report from the Joint Committee].—(Lord Bach.)

Viscount Bridgeman

My Lords, in supporting these rules, I have no doubt that the issue will come up in a debate later today.

Lord Bach

My Lords, I am grateful to the noble Viscount for supporting the rules.

On Question, Motion agreed to.