No.
I would like to insert under amendment No. 15 a provision whereby, following an appeal, a court can make an order as to costs. That is important. Can a court hearing an appeal make an order for costs at present under this Bill? If the appeal is vexatious and rubbish, it is undoubtedly sensible for the court to order costs against the appellant. However, if the appeal is full of merit and the Secretary of State has behaved disgracefully, it seems proper that the court can order costs against the Secretary of State. I hope that the Minister will respond on that matter.
I had the feeling that the hon. Member for Leicester, East was in the Chamber to hear my speech, but I have suddenly realised that he is here only to make his own.
Amendment No. 16 is a probing amendment, by which I seek to omit clause 21. I ask the Minister kindly to tell us a little more about the position of a body corporate and the criminal offence that applies in relation to a body corporate. We are anxious to know who would be prosecuted. Take the case, for example—I mentioned it in Committee—of a club. A club run by its members is capable of being criminally prosecuted under this measure. That is entirely different from a big organisation. It is voluntary for a start. Take a sports club or a small business where there are four partners, one of whom is a junior partner who has some responsibility for an aspect of the employment but no authority to overrule the other partners, who take a particular view about the employment of the individual concerned. I am anxious that the net in criminal terms does not extend to cover too many people.
Those are my amendments. The Minister has much to justify. I am hopeful that he will accept amendment No. 10, which is the one that we most want to test the opinion of the House on. Among my other amendments, I hope that he will be kind enough at least to agree that those who have a penalty imposed on them should get 28 days, rather than 14.
Immigration, Asylum and Nationality Bill
Proceeding contribution from
Humfrey Malins
(Conservative)
in the House of Commons on Wednesday, 16 November 2005.
It occurred during Debate on bills on Immigration, Asylum and Nationality Bill 2005-06.
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439 c1035 
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2005-06
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