Immigration, Asylum and Nationality Bill — Remove a clause which allows immigrants to be removed on national security grounds — rejected — 7 Feb 2006 at 17:20
The majority Not-Contents rejected an amendment[1] to the Immigration, Asylum and Nationality Bill. The amendment would have removed a clause which gave the government the power to deport immigrants and/or asylum seekers on national security grounds[2]. The clause also enables this to be done so that any appeal against the decision would take place overseas.
In tabling the amendment Lord Dholakia explained that:
- 'A large number of organisations working in this field are of the view that the case for new legislation in this area has not been made and that the new provisions fail to respect rights and civil liberties. Existing immigration law contains ample powers to deal with those who pose a threat to national security... The clause would result in unfairness for the appellant, who, having been deported, would not be present in the United Kingdom while the national security case against him or her is heard.'[3]
However, Baroness Ashton of Upholland argued that:
- 'Decisions to deport individuals on national security grounds are taken only after the most careful consideration. If the assessment is that the person constitutes a threat, we think it is better to remove the person at once and readmit them if the appeal is allowed rather than to permit them to remain here continuing to pose that potential threat until after the often lengthy—frequently very lengthy—proceedings are concluded. That is what the clause seeks to do. It provides for the speedier removal of individuals who threaten this country's national security. It does this because it provides that the appeal would normally be able to be brought only from outside the UK.'[4]
The Immigration, Asylum and Nationality Bill became law in 2006. Its main aims were to:[5]
- Restrict appeals from those are refused entry to the UK to work or study. Only rejected asylum applications can have a full appeal
- Criminalise employers who knowingly employ illegal immigrants
- Allow biometric data to be taken from people entering the UK
- Requires that asylum is refused to anyone who is involved in terrorist activities
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- [1] Lord Dholakia, House of Lords, 7 February 2006
- [2] Clause 7 in the Immigration, Asylum and Nationality Bill
- [3] Lord Dholakia, House of Lords, 7 February 2006
- [4] Baroness Ashton of Upholland, House of Lords, 7 February 2006
- [5] Based on The Guardian's A-Z of legislation
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