§ Lord Lester of Herne Hillasked Her Majesty's Government:
Why references to Article 8 of the European Convention on Human Rights, and to the case law of the European Court of Human Rights applying Article 8 in deportation cases, which previously appeared in instructions (DP/2/93) issued to the enforcement staff of the Immigration and Nationality 71WA Directorate, have been removed from the new version of these instructions.
Whether, following the issue of new instructions (DP/3-5/96) to the enforcement staff of the Immigration and Nationality Directorate, in considering whether the deportation or removal of an illegal immigrant is the appropriate course of action on the merits of the case, these staff are still required to consider whether any consequent interference with his or her family life in the United Kingdom is necessary in a democratic society for one of the reasons stated in Article 8(2) of the European Convention on Human Rights.
§ Baroness BlatchThe policy in DP/3-5/96 is based on the Immigration Rules (HC 395), which themselves aim to be consistent with Article 8 of the European Convention on Human Rights. Staff have regard, in considering whether enforcement action is appropriate, to this article and to decisions of the European Court of Human Rights on its effect.