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UK Borders Bill

I am grateful to the noble Lord for the explanations that he has given, but will he look again at his assertion that the detentions provided for under Clause 35 are invariably covered by Schedule 3 of the Immigration Act 1971? He is perfectly correct in relation to Clause 35(2), which indeed states that, "““the Secretary of State shall exercise the power … under paragraph 2(3) of Schedule 3””," but I am talking about detentions provided for under Clause 35(1), which states, "““while the Secretary of State considers whether section 31(5) applies, and … pending the making of the deportation order””." My assertion is that that detention is not covered by Schedule 3 to the 1971 Act. I seriously suggest that the Minister takes advice on that point from the lawyers in the department. If I am right, certain other things follow from that conclusion, first, that the Secretary of State has no power to tag anybody who may be released during that period, because tagging applies only where a person is dealt with under Section 36 of the treatment of claimants Act, which applies only to those who are liable to be detained under the 1971 Act. If I am right that a person who is dealt with under Clause 35(1) is not covered by the relevant clause, the noble Lord would have no power to apply electronic tagging to them. I shall not ask the noble Lord to give me a reply this afternoon, because I can see that it requires further advice. However, since it has fairly important consequences, I hope that we can get it right. Clause 35 agreed to.