HL Deb 09 May 2001 vol 625 c196WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–259), whether they consider that discrimination on grounds of ethnic origin in the examination of passengers and in the granting of leave to enter into the United Kingdom as permitted in the Race Relations (Immigration and Asylum) (No. 2) Authorisation 2001 is contrary to Article 26 of the United Nations International Convenant on Civil and Political Rights; and, if so, what are their reasons for this opinion; and [HL2082]

Further to the Written Answer by Lord Bassam of Brighton on 1 May (WA 258–259), why they consider that any particular risks posed to the effective operation of immigration controls by members of the ethnic groups against whom discrimination is permitted by the Race Relations (Immigration and Asylum) (No. 2) Authorisation 2001 cannot be countered by heightened scrutiny of passengers from the relevant countries on the grounds of their nationality and country of origin, as distinct from their ethnicity. [HL2083]

Lord Bassam of Brighton

The Government do not believe that this authorisation is contrary to Article 26 of the International Covenant on Civil and Political Rights. Decisions on a passenger's entitlement to enter or remain in the United Kingdom will continue to be taken on the merits of each individual case in accordance with the Immigration Rules. Therefore, any discrimination will be in the procedure by which the decision is taken. Like Article 14 of the European Convention on Human Rights, Article 26 must be read as prohibiting discrimination in circumstances where this is not justified. Procedural discrimination in the operation of the immigration control is fully justifiable in the circumstances covered by the authorisation, and does not breach Article 26.

Sole reliance on the nationality authorisation in respect of the examination of passengers would result in additional unnecessary delay for passengers in other groups not covered by the authorisation, reducing the speed and efficiency of the on-entry control.