UK Borders Bill

I am very grateful to the noble Baroness, Lady Anelay, for tabling the amendment because the explanation is very simple. As the clause stands, the consequences of failing to comply with a requirement of regulations made under the biometric registration provisions are set out. The clause also gives the Secretary of State the discretion to decide which of the listed consequences is appropriate in the circumstances of the particular case. Therefore, one could argue that it is graduated. The existing provisions do not give the Secretary of State a power to impose sanctions, other than the ones listed in Clause 7(2). I reassure the Committee that it is not our intention that the Secretary of State should be able to use any other sanction, other than the ones already listed in Clause 7(2). The noble Lord, Lord Avebury, asked where there might be a right of appeal to. I refer him to Clause 11, which covers penalties and appeals. I think that he will find the answer there. For immigration matters he should refer to the Nationality, Immigration and Asylum Act 2002. Finally, before the Secretary of State imposes a sanction, he or she—she at present—will, of course, consider all relevant circumstances. That will include reasons why the person did not comply. The noble Lord, Lord Avebury, focused on that point earlier. It has to be right that sanctions will not be imposed unreasonably. Therefore, a test of reasonableness will be in place.