§ 8.15 p.m.
§ The Minister of State, Home Office (Lord Falconer of Thoroton) rose to move, That the draft order laid before the House on 28th February be approved [13th Report from the Joint Committee].
§ The noble and learned Lord said: I beg to move that the draft Nationality, Immigration and Asylum Act 2002 (Consequential and Incidental Provisions) Order 2003, laid before the House on 28th February, be approved.
§ Ideally, every last consequential and incidental provision would normally be settled before Royal Assent to an Act. It became clear, when we put additional provisions into the Act, including the safe country list and non-suspensive appeals, that it would be impossible to ensure that all consequential amendments had been identified prior to Royal Assent. We tabled an amendment to Section 157(4), with Parliament's agreement, giving us the power to do so later by affirmative order. This order allows for the amendment of previous statutes affected by the coming into force of the various provisions of the Nationality, Immigration and Asylum Act 2002. They relate mainly to appeals and nationality.
§ The consequential amendments that relate to appeals amend Section 12 of the Immigration and Asylum Act 1999. Without them, the new appeals framework at Part 5 of the 2002 Act, which also contains new provisions on the certification of clearly unfounded claims by the Secretary of State, could not operate. The Part 5 provisions of the Act are due to commence on 1st April.
§ Several nationality provisions at Part 1 of the 2002 Act are also due to commence in April, including deprivation of citizenship and several categories relating to registration of citizenship. The consequential amendments that are required relate to deprivation and the ceremonies associated with citizenship.
§ The consequential and incidental amendments in the order are necessary to ensure that previous pieces of legislation affected by the coming into force of various provisions of the 2002 Act sit with the new legislation. The order forms a small but vital part in the restructuring of the appeals and nationality systems. I commend the order to the House.
§ Moved, That the draft order laid before the House on 28th February be approved [13th Report from the Joint Committee].—(Lord Falconer of Thoroton.)1036
§ Lord Dholakia
My Lords, many of the provisions relating to new registrations and naturalisation procedures and matters relating to appeals, such as detention, are consequential and incidental provisions. We have no difficulty in approving the order.
§ On Question, Motion agreed to.