Immigration, Asylum and Nationality Bill

: I will be brief, given the time that is left. It is a pity that we have such a short time to debate what, I think, is one of the most important sections of the Bill, including a group of clauses that were added in Committee, have never been debated on the Floor of the House and are some of the most important changes that have been made. It is probably true that clauses 51 to 53 will affect relatively small numbers of people. For those small numbers of people, however, they will be extremely important. I have two or three points. The hon. Member for Orkney and Shetland (Mr. Carmichael) asked whether clause 51 is necessary, in that the existing law provides for the exclusion of someone who is a violent terrorist from claiming asylum. I will not repeat what he said about the United Nations High Commissioner for Refugees. In the years in which I have been in the House, however, the UNHCR has commented on a number of provisions in asylum and immigration Bills, and the comments about clause 51 are probably the strongest that I have seen from it about any such clause and its incompatibility with the 1951 convention. It made it very clear that interpretation of the convention is not what we should be doing. The provisions in the convention cannot be unilaterally modified by a state that is a contracting party to the convention. It wants states that have not already done so to incorporate not just article 1(F)(c) of the convention but (a) and (b). Last week we debated the Terrorism Bill, which has not yet completed its passage. The definitions in clause 51 are relevant to that Bill. The definition of ““encouraging terrorism”” is an example. It is quite possible that before we finish considering the Terrorism Act, there will be changes. I am also not sure how Government amendments relating to extra-territorial acts of terrorism that were agreed last week should be read in the context of this Bill, or how any changes will be dealt with. One of the commitments made by the Government during last week’s debate was that the Home Secretary would ask Lord Carlile to review the definition of terrorism, not just in the Terrorism Bill but in the Terrorism Act 2000. The definition in the 2000 Act is mentioned in clause 51 of this Bill. I want to be certain that the outcome of any review, including Lord Carlile’s review, will be translated into this Bill, because it strikes me as inconsistent to include a definition of terrorism in one Bill that does not relate clearly to the definition in another. I wish we had had more time to debate such a critical part of the Bill, but I shall end my speech now, because the Minister will want to speak during the few minutes that are left.