Lords report stage second day. Amendment 152 agreed to on division (153 to 128). Amendment 154 agreed to. (Part 2 of 2).

Lords report stage second day. Amendment 152 agreed to on division (153 to 128). Amendment 154 agreed to. (Part 2 of 2).

Moved by

Baroness Chakrabarti

152: Leave out Clause 53

Moved by

Baroness Chakrabarti

152: Leave out Clause 53

My Lords, the rule of law requires that Ministers are subject to the same rules as everyone else. This includes the possibility of discretionary interim relief in circumstances where courts believe that irreparable harm to one side in any litigation needs to be prevented while both parties await the final...

My Lords, the rule of law requires that Ministers are subject to the same rules as everyone else. This includes the possibility of discretionary interim relief in circumstances where courts believe that irreparable harm to one side in any litigation needs to be prevented while both parties await the final...

My Lords, my noble friend Lady Ludford, who is unable to be here today, has her name to these amendments so I am speaking on her behalf, as it were, and on behalf of these Benches.

I make the general point that interim relief is an intrinsic and sensible part of...

My Lords, my noble friend Lady Ludford, who is unable to be here today, has her name to these amendments so I am speaking on her behalf, as it were, and on behalf of these Benches.

I make the general point that interim relief is an intrinsic and sensible part of...

My Lords, I hope that the Minister when he speaks in a moment will explain what this is intended to deal with. It is only specific to these circumstances; is it that a certain number of lawyers are making a certain amount of money and he thinks that that is...

My Lords, I hope that the Minister when he speaks in a moment will explain what this is intended to deal with. It is only specific to these circumstances; is it that a certain number of lawyers are making a certain amount of money and he thinks that that is...

My Lords, we support my noble friend Lady Chakrabarti in her defence of the rule of law and interim relief in cases involving the alleged expulsion of people to unsafe places. The Government were happy to support the court’s decision not to grant such relief in the current Rwanda cases,...

My Lords, we support my noble friend Lady Chakrabarti in her defence of the rule of law and interim relief in cases involving the alleged expulsion of people to unsafe places. The Government were happy to support the court’s decision not to grant such relief in the current Rwanda cases,...

My Lords, the Bill establishes a bespoke claims and appeals process which provides for a person subject to the duty to remove to challenge their removal to a safe third country. The duty to remove will be temporarily suspended while consideration is given to any suspensive claim or appeal resulting...

My Lords, the Bill establishes a bespoke claims and appeals process which provides for a person subject to the duty to remove to challenge their removal to a safe third country. The duty to remove will be temporarily suspended while consideration is given to any suspensive claim or appeal resulting...

My Lords, I am so grateful to all noble Lords who have stayed. I say to all noble Lords that the length of debate does not indicate its importance. I am particularly grateful to the Minister for his indication that productive discussions are still in train between His Majesty’s Government...

My Lords, I am so grateful to all noble Lords who have stayed. I say to all noble Lords that the length of debate does not indicate its importance. I am particularly grateful to the Minister for his indication that productive discussions are still in train between His Majesty’s Government...

Moved by

Lord Bellamy

154: Clause 55, page 58, line 19, at end insert—

“(6) The Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is amended in accordance with subsections (7) and (8).

(7) In Article 14 (decisions about provision of funded services), after paragraph (2A) insert—

“(2AA) But paragraph (2A) does...

Moved by

Lord Bellamy

154: Clause 55, page 58, line 19, at end insert—

“(6) The Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) is amended in accordance with subsections (7) and (8).

(7) In Article 14 (decisions about provision of funded services), after paragraph (2A) insert—

“(2AA) But paragraph (2A) does...

My Lords, Clause 55 will ensure that individuals who receive a removal notice under the Bill have access to free legal advice. The clause at present applies only to England and Wales. In Committee, the noble Lord, Lord Ponsonby, properly asked what the position is regarding Scotland and Northern Ireland....

My Lords, Clause 55 will ensure that individuals who receive a removal notice under the Bill have access to free legal advice. The clause at present applies only to England and Wales. In Committee, the noble Lord, Lord Ponsonby, properly asked what the position is regarding Scotland and Northern Ireland....

My Lords, I will speak to my Amendment 155, which is in the same terms as it was in Committee. I am extremely grateful to the noble Baronesses, Lady Ludford and Lady Prashar, and of course to the noble Lord, Lord Carlile of Berriew, for putting their names to this...

My Lords, I will speak to my Amendment 155, which is in the same terms as it was in Committee. I am extremely grateful to the noble Baronesses, Lady Ludford and Lady Prashar, and of course to the noble Lord, Lord Carlile of Berriew, for putting their names to this...

My Lords, it is a pleasure to follow the noble Lord, Lord Bach, who moved this amendment with great skill. I am not going to make a long speech in support of him, because he does not need it. My observation, from refugees and asylum seekers whom I have met...

My Lords, it is a pleasure to follow the noble Lord, Lord Bach, who moved this amendment with great skill. I am not going to make a long speech in support of him, because he does not need it. My observation, from refugees and asylum seekers whom I have met...

My Lords, my noble friend Lady Ludford has put her name to the amendment in the name of the noble Lord, Lord Bach, which he explained very fully, and these Benches support. One often hears that immigration law is too complex for non-lawyers to understand—I have long held the view...

My Lords, my noble friend Lady Ludford has put her name to the amendment in the name of the noble Lord, Lord Bach, which he explained very fully, and these Benches support. One often hears that immigration law is too complex for non-lawyers to understand—I have long held the view...

My Lords, I am a Member of this House whose memory of legal aid probably goes back to before others were here. I was called to the Bar in 1963 and took an active part in legal aid, being not only a recipient of legal aid cases but sitting on...

My Lords, I am a Member of this House whose memory of legal aid probably goes back to before others were here. I was called to the Bar in 1963 and took an active part in legal aid, being not only a recipient of legal aid cases but sitting on...

My Lords, I am glad to follow the noble Lord, Lord Hacking. I think the 1949 measure was a good measure following the Rushcliffe report. It had cross-party support then, and legal aid continues to have cross-party support.

I agree in principle with the noble Lord, Lord Bach, that it would...

My Lords, I am glad to follow the noble Lord, Lord Hacking. I think the 1949 measure was a good measure following the Rushcliffe report. It had cross-party support then, and legal aid continues to have cross-party support.

I agree in principle with the noble Lord, Lord Bach, that it would...

My Lords, I open by thanking the noble and learned Lord, Lord Bellamy, for moving government Amendment 154, which, as he said, includes Northern Ireland for the purposes of this Bill.

Regarding my noble friend Lord Bach’s Amendment 155, I agree with every word he has said. He introduced it by...

My Lords, I open by thanking the noble and learned Lord, Lord Bellamy, for moving government Amendment 154, which, as he said, includes Northern Ireland for the purposes of this Bill.

Regarding my noble friend Lord Bach’s Amendment 155, I agree with every word he has said. He introduced it by...

My Lords, clearly, the Government entirely accept that legal advice is fundamentally important in the present context. That is why we introduced Clause 55. The Government are well aware that, if the procedures for obtaining legal advice under the Bill are not appropriate, legal challenge will follow. That is constraint...

My Lords, clearly, the Government entirely accept that legal advice is fundamentally important in the present context. That is why we introduced Clause 55. The Government are well aware that, if the procedures for obtaining legal advice under the Bill are not appropriate, legal challenge will follow. That is constraint...

Tabled by

Lord Bach

155: After Clause 55, insert the following new Clause—

“Duty to make legal aid available to certain detained persons

(1) The Lord Chancellor must secure that civil legal services in relation to—

(a) a suspensive claim within the meaning of section 37(2) of this Act, and

(b) any of the matters set...

Tabled by

Lord Bach

155: After Clause 55, insert the following new Clause—

“Duty to make legal aid available to certain detained persons

(1) The Lord Chancellor must secure that civil legal services in relation to—

(a) a suspensive claim within the meaning of section 37(2) of this Act, and

(b) any of the matters set...

My Lords, as far as Amendment 155 is concerned, I thank all noble Lords who have spoken in this fairly short debate. The person who took much the longest was me, and I am not going to make any apology for that because this is an important subject in the...

My Lords, as far as Amendment 155 is concerned, I thank all noble Lords who have spoken in this fairly short debate. The person who took much the longest was me, and I am not going to make any apology for that because this is an important subject in the...