Joanna Tuffy (Labour)

I move amendment No. 11:

In page 9, line 39, after "declaration" to insert "to such an extent as to warrant the application of this subsection".

The purpose of this amendment is to ensure that only significant breaches of the duty to co-operate will result in the application being deemed withdrawn. I recognise what the Minister says about the need to ensure the asylum-seeking provisions are not abused and that people are not time-wasting but on the other hand we must have some latitude in our system.

The new duty to co-operate and the provisions for failure to co-operate are vague. There are situations where people could be caught up in unforeseen circumstances which the Minister does not recognise. For example, what would the position be if a person was involved in an accident? They might not be in a position to comply with the provisions under the legislation. There are cavalier people, but there are also those who are not and we must allow for that. In addition to the moral duty of the applicant to co-operate, we have a duty of fairness and a moral obligation to provide for asylum-seekers.