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Lord Davies of Gower (Con)

Speaking in the House of Lords on 5 November 2025

Debate

Border Security, Asylum and Immigration Bill

Contribution

My Lords, I understand that the government amendments in this group would place limits on the circumstances in which conditions referred to in new sub-paragraphs (vi) to (x) of Section 3(1)(c) of the Immigration Act 1971, as inserted by Clause 43(2), may be attached to a person’s limited leave to enter or remain in the United Kingdom. This does not require too much comment from me. This is, in my view, a tidying-up amendment which would clarify the circumstances in which these conditions can be imposed. Clarity on this point is welcome. Can the Minister explain how the circumstances could be altered to either augment or narrow the scope of the circumstances which would come under this section? As we all know, the nature of the threats we face can change, and it is important that we do not have an unwieldy and prescriptive list to which these conditions can only be applied, although, that being said, it is imperative that this does not undermine the role of Parliament in scrutinising what comes under this section. If the Minister could update the House on how this balance will be achieved with respect to his amendments, I would be very grateful. On Amendment 41, tabled by the noble Lord, Lord Bach, while I appreciate some of the intention behind this amendment, I cannot support it. If we want to maintain the integrity of the immigration system, we simply must ensure that those awaiting removal or further decision remain within the reach of the authorities. In short, while I understand the desire to make the system more flexible, this amendment would do so at the expense of the very oversight and accountability that make immigration bail credible and enforceable. For those reasons, I do not believe it would be wise to support it.

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