Lord Pannick (CB)

My Lords, I will add a few words about the noble Lord, Lord Ponsonby: I too greatly appreciated all the work he did and the courteous manner in which he addressed this House. I look forward to working with the noble Baroness, Lady Levitt, his replacement at the Ministry of Justice. Amendments 138 and 139 would certainly bring clarity, as the noble Lord, Lord Cameron, said in speaking to them, but they would do so, surely, at the expense of any balance and consideration of relevant factors. Amendment 138 would provide that there is to be no appeal against a deportation order. It would be most unusual and highly regrettable to have a sanction that is simply unappealable; I cannot think of any other circumstance in which that is the case under our law. If this amendment were accepted, there would be no appeal, however strong the basis for one. If a deportation order were to be made despite the fact that the criteria set out in the UK Borders Act are not satisfied, it would be quite an extraordinary position to be in. There would be no right to appeal despite a deportation order being made to a country which everyone accepts would pose a well-founded risk of torture to the individual concerned; such a provision would be absurd, in my respectful submission. Amendments 139 and 203A would impose obligations to make a deportation order with no exceptions or discretion where a person who is not a British citizen is sentenced to a term of imprisonment. Again, this is surely wholly unacceptable because it would mean an obligation to make a deportation order even if it means removal to a country where the person concerned will face torture. It would mean an obligation to make a deportation order irrespective of the circumstances of the offence, any mitigating circumstances or how long the person concerned had been lawfully in this country. Such an absolute provision surely cannot command the support of the Committee. I very much hope that the Minister will say that the Government will not accept any of these amendments. The right way forward, I suggest, is for the Government carefully to consider the existing work to address what guidance and directions should be given to courts and tribunals, particularly in relation to Article 8 of the European Convention on Human Rights, so that a proper balance can be accepted and implemented in this important area.