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Lord Kingsland moved Amendment No. 113:


On Question, amendment agreed to.

[Amendments Nos. 114 and 115 not moved.]

Clause 27, as amended, agreed to.

[Amendment No. 116 not moved.]

Clause 28 [Enforceability of agreements resulting from unlawful communications]:

[Amendments Nos. 116A to 119B not moved.]

Clause 28 agreed to.

Clause 29 agreed to.

Schedule 3 [EEA Passport Rights]:

Lord McIntosh of Haringey moved Amendment No. 120:


    Page 230, line 49, leave out paragraph (b).

The noble Lord said: In moving this amendment, I should like to speak also to Amendments Nos. 132 and 259. Where an application for permission is granted under Part IV, the Bill used to require the authority to issue the applicant with a certificate of authorisation and provided that certificate with evidential weight in other matters relating to the authorised person's permission under the Bill. The intention was to ensure transparency.

Practical concerns were raised about giving evidential weight to certificates of authorisation. Those concerns involve whether the certificate of authorisation takes precedence over the register and if it were to be discontinued, whether it would have to be physically repossessed and whether that may meet a refusal or whether it could have been lost; in other words, whether it is a suitable document for these purposes.

Therefore, those provisions were removed in another place so as to enable the courts to exercise discretion as to the weight to place on the documentation issued to a person.

Consequent on those changes, Amendments Nos. 120, 132 and 259 delete provisions which refer to certificates of authorisation. The Government propose also to remove Clause 193 which deals with the reissue of certificates of authorisation. I beg to move.

On Question, amendment agreed to.

Lord McIntosh of Haringey: I beg to move that the House be now resumed.

Moved accordingly, and, on Question, Motion agreed to.

House resumed.

        House adjourned at twenty four minutes past eleven o'clock.


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