§ The Earl of Sandwichasked Her Majesty's Government:
When they intend to introduce the principle of the presumption of liberty for detainees making bail applications; and why this presumption cannot be linked to existing bail hearings. [HL881]
§ Lord Bassam of BrightonPart III of the Immigration and Asylum Act 1989 introduces routine bail hearings for immigration detainees with a presumption to release on bail, subject to certain exceptions. Part III is expected to come into force in spring 2001. Section 53 of the 1999 Act also provides for regulations to be made introducing the general right to bail for detainees making applications for bail under the provisions of the Immigration Act 1971. These regulations will be based on the rules and procedures which have yet to be drafted in respect of routine bail hearings. The introduction of these provisions is part of the extensive programme for implementing the many sections of the 1999 Act. The drafting of secondary legislation, guidance and putting in place the administrative arrangements does not allow for Part III to be implemented earlier than 1 April 2001.