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Immigration, Asylum and Nationality Bill 2005-06

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Immigration, Asylum and Nationality Bill 2005-06 (153)

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My Lords, I am grateful to the explanations given by the noble Lords, Lord Hylton and Lord Avebury. Sadly, I will resist the amendments because, apart from anything else, one has to be clear about the amount of effort and energy that would be appropriate, particularly because it would place a particularly burdensome...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c568-9
House
House of Lords

My Lords, the noble Lord, Lord Hylton, has brought us back to the question of what limitations there should be on the purposes for which information obtained under the new powers in Clauses 32 and 33 should be disclosed to foreign law enforcement agencies, how we can ensure in the Bill that none of these...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c566-8
House
House of Lords

My Lords, as far as I am aware, we do not have a list. The reason is that there are different nations which have different approaches to data protection, but that does not mean that they do not take it seriously. As far as I know, we have not gone down that...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c569-70
House
House of Lords

My Lords, the noble Baroness has made a very useful comment about how the data protection principles are applied. I was also suggesting that if these chief police officers have at least a list of the countries with which we do not have a data protection agreement, they would know that...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c569
House
House of Lords

My Lords, I am very disappointed that the Minister resists the amendment. I had thought that it improved the drafting of the clause. I point out that we are talking about the whole world; we are not limited to the European Union which, on the whole, has fairly good practices, although they may...

Member
Lord Hylton (Crossbench)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c570
House
House of Lords

moved Amendment No. 30:"Page 21, line 42, leave out subsection (5)." The noble Lord said: My Lords, we have a profound aversion to Clause 40, as the noble Baroness knows, because it allows powers of detention and search and the use of reasonable force for these purposes to be exercised by private contractors. We...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c571-3
House
House of Lords

My Lords, I am perfectly well aware that this is Report stage. I am inviting the Minister to write to me, or to communicate with me by some other means. Perhaps she could indicate later whether there will be very clear guidance sent from the Secretary of State to all 43 chief police officers...

Member
Lord Hylton (Crossbench)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c571
House
House of Lords

My Lords, that is some help because Clause 33 deals only with freight information and it is hard immediately to see how that would prejudice the rights of people in this country. On the other hand, Clause 32 deals with passenger information which could perfectly well be information about citizens and bone fide residents...

Member
Lord Hylton (Crossbench)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c570
House
House of Lords

My Lords, this is Report stage and I am conscious that I am not able to speak again, but yes, it is restricted to Clauses 32 and 33. I hope that that reassures the noble Lord.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c570
House
House of Lords

My Lords, I am grateful to noble Lords for covering many issues on the important point of ensuring that we contract out appropriately. Noble Lords have moved for deletion of the clauses, but I am taking many of the comments to be on ensuring that the system we are designing is fit...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c575-8
House
House of Lords

My Lords, will the Minister confirm that, as the Children’s Commissioner and the Chief Inspector of Prisons both told Sub-Committee F last week, they have complete freedom of access to the juxtaposed controls any time they please?

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c578
House
House of Lords

My Lords, my name is to these amendments and I spoke on Clauses 40 and 41 in Grand Committee. At that time I was speaking on a brief supplied by the Public and Commercial Services Union, the union to which immigration officers belong. They are concerned about the provisions in the clauses for part of...

Member
Baroness Turner of Camden (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c573-4
House
House of Lords

My Lords, I also support these amendments. I have an amendment in this group—Amendment No. 35, which would delete Clauses 40 and 41. I go slightly beyond the concerns of other speakers in that I am also concerned about extending these powers to customs and police officers. This is important work because it relates to vulnerable children arriving...

Member
Earl of Listowel (Crossbench)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c574-5
House
House of Lords

My Lords, I thank the noble Baroness. That is a useful assurance. The codes of conduct are of material importance to those of us who are anxious about the employment of private contractors generally. It is not simply about incorporating adequate safeguards into the system. Some of us go further: we...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c579-80
House
House of Lords

My Lords, I have replied. I shall write.

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c579
House
House of Lords

My Lords, the purpose of holding somebody is—if you like, it is an administrative detention—to establish their identity, nationality and/or immigration status. The vast majority of people, therefore—we are back to maximum times—will be held for much shorter lengths of time than 12 hours. Twelve hours, as I have indicated, is a maximum....

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c580-1
House
House of Lords

moved Amendment No. 38:"Page 24, line 32, at end insert ““and shall have the right to contact a legal representative and his embassy or high commission at any time during that period””" The noble Lord said: My Lords, the amendment deals with what is appropriate in an arrest or a detention. The clause,...

Member
Lord Dholakia (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c580
House
House of Lords

My Lords, I am grateful to the Minister for her careful and considered reply, and for her assurance that the contractors’ documents concerning the training of the officers who will be employed on these duties will be placed in the public domain. The Minister also spoke about the detailed operational requirements...

Member
Lord Avebury (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c578-9
House
House of Lords

My Lords, indeed if that is what they said, that must be right. I sought to deal with the specific point about the Children’s Commissioner. I referred to the meetings that we need to have for these issues to be discussed with my honourable friend Mr McNulty and officials. I undertook to ensure that...

Member
Baroness Ashton of Upholland (Labour)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c578
House
House of Lords

My Lords, I thank the Minister and beg leave to withdraw the amendment. Amendment, by leave, withdrawn. Clause 43 [Accommodation]:

Member
Lord Dholakia (Liberal Democrat)
Type
Proceeding contributions
Date
7 February 2006
Reference
678 c581
House
House of Lords