House of Commons – Jan. 30, 2014 – 199

New Clause 15— Exceptions to automatic deportation ‘(1) The UK Borders Act 2007 is amended as follows. (2) In section 33 (Exceptions), in subsection (2)(a), for “Convention rights”, substitute “rights under Articles 2 or 3 of the Convention”. (3) In section 33, after subsection (6A), insert— “(6B) Exception 7 is where the Secretary of State thinks, taking into account all the circumstances of the case including the seriousness of the offence, that removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would cause such manifest and overwhelming harm to his children that it overrides the public interest in removal.”. (4) In section 38 (Interpretation)— (a) after subsection (3), insert— “(3A) In section 32, “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).”;

(b) omit paragraph (4)(b);

(c) after subsection (4) insert— “(4A) In section 33, “rights under Articles 2 or 3 of the Convention” means Articles 2 or 3 of “the Convention” as defined in the Human Rights Act 1998 (c. 42).”.’.—(Mr Raab.)