My Lords, my noble friend Lady Hamwee’s amendments seek clarification on the destination to which a person is to be removed and propose that the notice of removal should be 15 and not five days, to give enough time for the person to put their affairs in order, among other things, before removal —whether the notice is a first notice or a replacement notice. As my noble friends have explained, Clause 47 is about immigration bail and, again, as in previous clauses, directing decision-makers to place inference on whether a person has failed without reasonable cause to co-operate.
There is no need, other than for propaganda purposes, to place such a requirement in primary legislation. A bail decision, like all other bail decisions, should be based on the likelihood of the subject to surrender to bail. The behaviour of the subject—for example, a lack of social ties or a fixed address, or the fact of having absconded in the past—may give indications as to whether they are likely to surrender to bail, but this clause is unnecessary, other than for the purpose of a right-wing Government crowing about how they are going to be tough on those fleeing war and persecution. It should not stand part of the Bill.