The matter is very clear to the Constitution Committee of the House of Lords. It has said that the confusion can be overcome if,"““a particular power can be exercised by the Secretary of State (in the form of the Home Secretary) or by the Secretary of State who also holds the office of Lord Chancellor””."
The Constitution Committee is clear that we need to specify and understand the policy and the practical implications of the role of the Lord Chancellor and the role of the Home Secretary. This has become very clear under the Constitutional Reform Act 2005.
The point at issue is that Section 90 of the Immigration and Nationality Act 2002 deals with family visitor appeals and Section 112 gives a general power to make regulations under the part on appeals to the Secretary of State. The Lord Chancellor is given specific powers in Section 81. There is therefore a clear division, as has been mentioned. Will the Minister look at this aspect and come back on it? I well understand the distinction she mentioned, but there is a need to ensure that it is specified in primary legislation.
Immigration, Asylum and Nationality Bill
Proceeding contribution from
Lord Dholakia
(Liberal Democrat)
in the House of Lords on Monday, 9 January 2006.
It occurred during Debate on bills
and
Committee proceeding on Immigration, Asylum and Nationality Bill.
Type
Proceeding contribution
Reference
677 c24GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
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Timestamp
2024-04-22 01:54:43 +0100
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