Clause 122

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee am 9:45 pm ar 27 Tachwedd 2007.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of David Heath David Heath Shadow Leader of the House of Commons 9:45, 27 Tachwedd 2007

I rise to support the hon. Gentleman. It seems to me, reading this element of part 11, that not only is there no appeal against designation but there is no potential challenge to any part of the process, which is all dealt with by Executive action, including any conditions that may be applied as part of that process. At no stage, other than by recourse to the Human Rights Act 1998 or, presumably, judicial review of a decision taken by the Secretary of State or an immigration officer, is there any capacity for any challenge to be made to anything that he has done to a person who is designated as having special immigration status. Of course, there is the very real assumption that in the absence of any form of legal aid provision, there is no capacity—unless the person has particularly deep pockets from elsewhere, which is unlikely in this context—to mount a judicial review application or an application under the Human Rights Act in any case. The hon. Gentleman’s point about the lack of an appeal is very serious, but I would go wider and say that it is not simply the issue of designation that is relevant, but the other factors encompassed in this part of the Bill.