HL Deb 10 January 2000 vol 608 cc78-9WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Whether they will specify each of the "immigration and nationality functions" referred to in Clause 1(1) of the Race Relations (Amendment) Bill by describing the nature of each function. [HL328]

Lord Bassam of Brighton

The main functions are:

  • the grant or refusal of an entry clearance under the Immigration Rules by an entry clearance officer;
  • the grant or refusal of leave to enter or remain in the United Kingdom under the Immigration Rules by an immigration officer, or caseworker, acting for the Secretary of State;
  • the grant or refusal of asylum in accordance with the United Kingdom's obligations under the United Nations Convention and Protocol relating to the Status of Refugees;
  • the grant or refusal of leave to remain exceptionally outside the Immigration Rules on various grounds, including compassionate circumstances;
  • the decision of an immigration officer to proceed against an individual as an illegal entrant, or of the Secretary of State to institute deportation or administrative removal action against an individual;
  • the decision to detain an individual under Immigration Service powers; and
  • the grant or refusal of British citizenship under the British Nationality Act 1981.

Lord Lester of Herne Hill

asked Her Majesty's Government:

In respect of which of the "immigration and nationality functions" referred to in Clause 1(1) of the Race Relations (Amendment) Bill they consider that it is appropriate and necessary to discriminate against an individual on the grounds of ethnic or national origins in carrying out such functions; and [HL329]

In respect of which of the "immigration and nationality functions" discrimination on the grounds of ethnic or national origins has been practised during the past three years. [HL330]

Lord Bassam of Brighton

Some discrimination on the grounds of national or ethnic origin is necessary in any immigration and asylum system. For example, an asylum claim will often rest on the treatment given in the country of origin to a particular national or ethnic group, so that discrimination in favour of individuals from such groups will be required in order to take fair decisions in accordance with obligations under international law. It may also be necessary, in order to manage the process effectively in the interests of all applicants, to give priority from time to time to particular national or ethnic groups, as was done, for example, in dealing with the cases of evacuees from Kosovo during the recent conflict and, at other times, to applicants from certain Eastern European countries making unfounded claims in large numbers.