Lead member
Lord Carlile of Berriew
Crossbench, Life peer
Lords
Decision
Agreed
This amendment was agreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'agreed' indicates that the Clause/Schedule was removed from the Bill.
Amendment text
Clause 11, page 21, line 15
at end insert—
“(7)
None of the amendments made in this section permit detention that is inconsistent with the following principles—
(a)
the Secretary of State must intend to remove the person being detained and can only use the power to detain for that purpose,
(b)
the person being removed may only be detained for a period that is reasonable in all the circumstances,
(c)
if, before the expiry of the reasonable period, it becomes apparent that the Secretary of State will not be able to effect removal within a reasonable period, they must not seek to exercise the power of detention, and
(d)
the Secretary of State must act with reasonable diligence and expedition to effect removal.”
Member's explanatory statement
This amendment would confirm that the lawfulness of immigration detention remains subject to the principles established in the common law. It would reinstate the existing Hardial Singh principles in a single amendment and would be consistent with the JCHR’s conclusion and recommendation at para 202 of the Report.