§ Mr. Youngerasked the Secretary of State for the Home Department whether he is in a position to make a statement about the reference of deportation cases under the Aliens Order to an advisory body.
§ Major Lloyd-GeorgeThe European Convention on Establishment, to which the United Kingdom recently became a party, provides that, except where imperative considerations of national security otherwise require, a national of any contracting party who has been lawfully residing for more than two years in the territory of any other party shall not be expelled without first being allowed to submit reasons against his expulsion and to appeal to, and be represented for the purpose before, a competent authority or a person or persons specially designated by the competent authority. Although the Convention expresses only the agreement of the members of the Council of Europe who have signed it, it seems right that the safeguards for which it provides against arbitrary expulsion should be made available to aliens in general and not merely to the nationals of member States.
The Chief Metropolitan Magistrate, to whom I am greatly indebted for his ready 175W help, has agreed that he and his colleagues at Bow Street shall be designated by myself, as the competent authority, for the purpose of this provision of the Convention. In future, therefore, when a deportation order has been made, or is contemplated, against an alien otherwise than on the recommendation of a court of law, it will be open to the alien, except in circumstances that are set out later in this Answer, to ask for a hearing by the magistrate of any representations that he may wish to make, either in person or by solicitor or counsel, against the order. The magistrate, after such examination of the objection and the objector as he may deem sufficient, will make a recommendation to me as to whether or not the order shall be carried into effect. I should perhaps make it clear that the function of the magistrate will be advisory: and that while I should normally act on his recommendation I do not bind myself to do so.
The procedure will not be applicable to cases where a deportation order has been made on grounds of public security; or on the ground that the alien has landed in the United Kingdom without permission or, having been in the United Kingdom less than two years, has failed to observe the conditions attaching to his stay.