Member

I argue that it remains the Home Office’s position that the current detention power is lawful. This clause provides greater legal clarity regarding its application. The key challenge of not having the retrospective effect—this is the key point that a number of noble Lords have mentioned in their contributions—would be that such claims risk undermining the integrity of past deportation proceedings and frustrating future deportation proceedings. Clause 41 clarifies these powers. It is not expected to increase the use of detention powers, but it is intended to remove ambiguity and ensure that existing practices are legally robust.