Member

The JCHR supported the repeal in order to ensure compliance with Article 5 of the ECHR—the right to liberty unless its deprivation is in accordance with the law. Of course, the other part of this is that the UNHCR has always complained about this matter. It worries that the retention of Section 12 leaves in place the risk of arbitrary detention of asylum seekers, refugees and stateless persons, and encourages us to repeal it. So it is not as though we are taking away everything in the protections; we are actually going back to a position where we could use existing legislation, built upon the common-law principles of this country. We will support this amendment.