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Lord Falconer of Thoroton moved Amendment No. 206A:


Page 102, line 31, leave out paragraph (f).

On Question, amendment agreed to.

[Amendment No. 207 not moved.]

Lord Falconer of Thoroton moved Amendments Nos. 207A to 207D:


Page 102, line 36, after ("7,") insert--
("( ) section (General right to be released on bail)(6),").
Page 102, line 37, leave out paragraph (b).
Page 102, line 37, at end insert--
("( ) section 135,").
Page 102, line 42, leave out (" 158(4)") and insert (" 158(2), (4) or (7)").

On Question, amendments agreed to.

[Amendment No. 208 not moved.]

Baroness Williams of Crosby had given notice of her intention to move Amendment No. 209:


Page 102, line 43, at end insert--
("( ) Any statutory instrument or draft statutory instrument subject to the affirmative procedure must be accompanied by a certificate by the relevant Minister to the effect that it is fully compatible with the European Convention of Human Rights.").

The noble Baroness said: Perhaps I may add one grace note to the chorus of praise that has attended the promotion of the noble Lord, Lord Williams of Mostyn, to the position of Attorney-General. My noble friend

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Lord Russell informs me, perhaps unreliably, that one of the noble Lord's predecessors as Attorney-General in this House was Francis Bacon. My noble friend further informs me that the latter's comment on his experience was that he would prefer the upper world to the upper House. I notice that the noble and learned Lord is shaking his head. He will have to sort it out with my noble friend, rather than with me.

However, like the noble Lord, Lord Cope of Berkeley, I cannot end on a grace note; indeed, I wish I could. I, too, deeply regret the Minister's rejection of these two amendments. The noble Lord, Lord Cope, referred to his own proposals for the strengthening and the widening of affirmative resolution procedures. We strongly agree with that. We did not table a further amendment because the noble Lord's amendment was one which completely met our own requirements in this respect.

I have to say that I have an equal concern about the decision not to accept the strong proposal of the Select Committee on Delegated Powers and Deregulation that secondary legislation should be accompanied by a resolution informing the House that the Minister is satisfied that the instrument is compatible with convention rights.

I make a practical point to the Minister but, I think, one that is not completely unworthy. Like the noble and learned Lord and the noble Lord, Lord Cope of Berkeley, I too have been a Minister. As a Minister one is aware of the perpetual pressure on one's time. It becomes a kind of nightmare. If a requirement is laid on a Minister, Ministers have to assess how that requirement can be met. If no such requirement is laid, it is always tempting to let the matter rest and hope that no one will notice.

When we have so recently accepted the incorporation of the European Convention on Human Rights into British law, that seems to us--as it did to the Select Committee--a crucial moment to draw Ministers' attention to the importance of compatibility with convention rights. I think the committee was absolutely right to recommend that to Parliament and to make it a requirement of secondary regulation under the affirmative procedure. I hope that the Minister will think again. It is important that he does, not least on a Bill that has been described by both Justice and the Select Committee precisely as a Bill that could give rise to incompatibilities at the level of secondary legislation.

I do not wish to detain the Committee for much longer, except to say that I fully agree with the noble Lord, Lord Cope of Berkeley, that to reject a recommendation of the Select Committee on Delegated Powers is a grave thing to do because that Select Committee has proved to be an amazing defender of all our liberties and of the rights of this Chamber. I believe that that is a tradition that we should continue and that we should reject one of the committee's recommendations only for the strongest possible reasons. I shall not move the amendment.

[Amendment No. 209 not moved.]

Clause 154, as amended, agreed to.

[Amendment No. 210 not moved.]

28 Jul 1999 : Column 1663

Clause 155 [Interpretation]:

Lord Falconer of Thoroton moved Amendment No. 210ZA:


Page 103, line 7, after ("VI") insert ("and section 132").

The noble and learned Lord said: This amendment has already been spoken to. I beg to move.

On Question, amendment agreed to.

Lord Falconer of Thoroton moved Amendments Nos. 210A and 210B:


Page 103, line 10, at end insert--
(""the Commission" means the Special Immigration Appeals Commission;").
Page 103, line 35, at end insert--
(""illegal entrant";").

The noble and learned Lord said: These amendments have already been spoken to. I beg to move.

On Question, amendments agreed to.

Clause 155, as amended, agreed to.

Clause 156 [Expenditure and receipts]:

Lord Falconer of Thoroton moved Amendment No. 210C:


Page 104, line 2, after ("39(3)") insert ("or (Forfeiture of securities)(4)").

The noble and learned Lord said: This amendment has already been spoken to. I beg to move.

On Question, amendment agreed to.

Clause 156, as amended, agreed to.

Clause 157 agreed to.

Clause 158 [Short title, commencement and extent]:

[Amendment No. 211 not moved.]

Clause 158 agreed to.

Schedule 13 [Consequential Amendments]:

Lord Falconer of Thoroton moved Amendment No. 211A:


Page 137, line 7, at end insert--
(" .--(1) Section 10 (entry otherwise than by sea or air) is amended as follows.
(2) In subsection (1), omit from "and any such Order" to the end.
(3) After subsection (1), insert--
"(1A) Her Majesty may by Order in Council direct that paragraph 27B or 27C of Schedule 2 shall have effect in relation to trains or vehicles as it has effect in relation to ships or aircraft.
(1B) Any Order in Council under this section may make--
(a) such adaptations or modifications of the provisions concerned, and
(b) such supplementary provisions,
as appear to Her Majesty to be necessary or expedient for the purposes of the Order."
(4) In subsection (2), for "this section" substitute "subsection (1)".").

The noble and learned Lord said: The Government have made provision in Clauses 14 and 15 of the Bill to extend the current powers to require carriers to disclose certain information about passengers carried on board their ships or aircraft. This is achieved by way of amendment to paragraph 27 of Schedule 2 to the 1971 Act. Amendments Nos. 211A and 217C amend

28 Jul 1999 : Column 1664

Section 10 of the 1971 Act and will ensure that the power to require disclosure of certain passenger information under the new paragraphs 27B and 27C of Schedule 2 should be capable of extension by Order in Council to entry or departure by train or vehicle.

I should make it clear that these amendments are not necessary to require disclosure of information about passengers carried on board through trains and shuttle trains arriving in or departing from the United Kingdom via the Channel Tunnel. Section 11 of the Channel Tunnel Act permits such extension. The circumstances at which these amendments are aimed relate to entry into and departure from the United Kingdom via the land border with the Republic of Ireland. We feel that the new passenger information clauses for this should be capable of being extended in this way in response to future operational needs in exactly the same way as the present powers contained in the 1971 Act are extendable under the current Section 10.

This is the last amendment we shall be debating in full. Before I leave it, perhaps I may extend my thanks and those of the noble Lord, Lord Williams of Mostyn, for the extremely courteous, helpful and effective way in which the Committee stage of the Bill has been effected by those who have spoken regularly in the debates. In particular, perhaps I may mention the noble Lord, Lord Cope of Berkeley; the noble Viscount, Lord Bridgeman; the noble Baroness, Lady Williams of Crosby; the noble Lord, Lord Avebury; the noble Earl, Lord Russell; the right reverend Prelate the Bishop of Ripon, who has left; the right reverend Prelate the Bishop of Southwark; the noble Lord, Lord Hylton, who is not with us; the noble Earl, Lord Sandwich, who has also played an important part in our debates; the noble Viscount, Lord Astor, who is not with us; the noble Lord, Lord Alton of Liverpool, who is not with us; and the noble Lord, Lord Dholakia, who was here a moment ago. Everybody has had the same aim. Although we have disagreed on certain matters, I do not think that we are singing from different song sheets. I commend the amendments to the Committee. I beg to move.

On Question, amendment agreed to.


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