These provisions raise issues under Articles 5, 8, and 13 of the ECHR. Article 5 is engaged by this clause as those liable to deportation will be deprived of their liberty. Any interference with Article 5 is justified where it is in accordance with the law and proportionate to achieve a legitimate aim. 165 UK Home Office, ‘Border Security, Immigration and Asylum Bill: ECHR Memorandum’ (HO, 2025), para.129 166 Border Security, Asylum and Immigration Bill, Impact Assessment, paras 125–126 167 In accordance with regulations under section 105 of the Nationality, Immigration and Asylum Act 2002 (notice of decision) 168 ILPA, para 72 169 Alison Harvey, Q10 170 Constitution Committee, Legislative standards of the Constitution Committee: 2017–2024 (6 May 2025), paras 77 and 78 48 Article 5(1)(f) specifically provides for “the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition”. It is the Government’s position that “there are some cases where the power to detain pending deportation is necessary because of a real and significant national security risk where no alternative detention power exists.”171 The power of detention contained in this clause is therefore in accordance with a legitimate aim.