Part of Nationality and Borders Bill – in a Public Bill Committee am 4:15 pm ar 2 Tachwedd 2021.
With this it will be convenient to discuss the following:
Amendment 108, in clause 70, page 58, line 42, leave out paragraphs (d) and (e).
This amendment is consequential on an Amendment 109.
Amendment 109, in clause 70, page 59, line 9, at end insert—
“(5) Sections 27 to 35 may not be commenced before—
(a) the Secretary of State has consulted with such parties as the Secretary of State considers appropriate on—
(i) the compatibility of each section with the Refugee Convention; and
(ii) the domestic and international implications of the UK adopting each section;
(b) the Secretary of State has laid before Parliament a report on the outcome of that consultation stating which parties were consulted, and stating in respect of each section—
(i) the views of the parties consulted on its compatibility and implications;
(ii) the differences between the interpretation of the Convention provided by the section and any interpretations provided by the higher courts before the passing of this Act;
(iii) the reasons why the Secretary of State concludes that the section should be commenced; and
(c) both Houses of Parliament have considered that report and approved the commencement of each of the sections that is to be commenced.
(6) For the purposes of subsection (5)—
“interpretation provided by the higher courts” means an interpretation provided by any judgement of the High Court or Court of Appeal in England and Wales, of the Court of Session in Scotland, of the High Court or Court of Appeal in Northern Ireland or of the United Kingdom Supreme Court that has not been superseded.”
This amendment would require the Secretary of State to hold consultations on the compatibility of Clauses 27 to 35 with the Refugee Convention, and to report to Parliament on such consultations, before the relevant Clauses enter into force.