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| | [Fifth AND SixTH Sittings]
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| | Clause 1, page 1, line 10, after ‘it’, insert ‘and the Secretary of State has given the |
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| | person written notice of his liability to removal’. |
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| | Clause 1, page 2, line 32, at end add— |
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| | | ‘(7) | Regulations under subsection (6)— |
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| | | (a) | shall be made by statutory instrument, and |
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| | | (b) | may not be made unless a draft has been laid before and approved by |
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| | | resolution of each House of Parliament.’. |
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| | Clause 1, page 2, line 32, at end add— |
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| | | ‘(7) | The Secretary of State shall by order— |
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| | | (a) | ensure that children are not detained for immigration purposes; and |
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| | | (b) | ensure that if a child requires accommodation prior to departure for— |
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| | | (i) | a minimal pre-departure period with their family, or |
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| | | (ii) | the period until they can leave the country, where a child arrives |
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| | | at a port of entry without a required visa, and makes no claim for |
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| | | visa or asylum on arrival, |
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| | | | such accommodation must be provided. |
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| | | (8) | Accommodation set out in subsection (7) should be— |
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| | | (a) | suitable so as to ensure the child’s welfare needs can be met, and |
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| | | (b) | for the least amount of time practicably possible. |
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| | | (9) | Where subsection (7)(b) applies, the officer responsible must ensure that children |
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| | | are only separated from their parents and carers for the purposes of child |
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| | Clause 2, page 2, line 35, at end add— |
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| | | ‘(2) | The enforcement powers provided for in Schedule 1 are subject to oversight by— |
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| | | (a) | the Chief Inspector of Borders and Immigration, |
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| | | (b) | the Independent Police Complaints Commission, and |
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| | | (c) | HM Inspector of Prisons.’. |
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| | Schedule 1, page 51, line 23, after ‘premises’, insert ‘within 24 hours of |
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| | Clause 3, page 3, line 6, at end insert— |
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| | | ‘(5) | In deciding whether to give consent to bail the Secretary of State will consider |
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| | | whether the applicant is pregnant.”.’. |
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| | Clause 3, page 3, leave out paragraph (3). |
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| | Clause 3, page 3, leave out paragraph (6). |
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| | Page 4, line 23, leave out Clause 5. |
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| | Clause 6, page 4, line 36, at end insert— |
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| | | ‘(1ZA) | Subsection 1(bza) does not apply to persons who were— |
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| | | (a) | born before 1 January 1983 outside the United Kingdom to a British |
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| | | (b) | born before 1 July 2006 outside the United Kingdom to a British father |
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| | | who was not married to their mother.’. |
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| | Clause 6, page 5, line 10, after ‘citizen’, insert ‘or after three years’. |
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| | | Clauses 7 and 8 Agreed to. |
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| | Clause 10, page 6, line 37, after ‘offence’, insert ‘for which, if convicted, the |
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| | offender would be liable to a term of imprisonment exceeding eight weeks’. |
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| | Clause 10, page 7, leave out lines 1 to 3. |
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| | Clause 11, page 10, line 1, at end insert— |
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| | | ‘(6) | This section shall not come into force until a draft statutory instrument is laid |
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| | | before, and approved by resolution of, each House of Parliament. |
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| | | (7) | An order under subsection (6) may not be made until— |
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| | | (a) | a report by the Independent Chief Inspector of Borders and Immigration |
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| | | on entry clearance decision-making in the UK Border Agency for entry |
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| | | clearance and managed migration; and |
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| | | (b) | the Secretary of State is satisfied that decision-making for entry clearance |
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| | | and managed migration is— |
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| | Page 8, line 19, leave out Clause 11. |
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| | Clause 12, page 10, line 27, leave out ‘foreign criminals’ and insert ‘persons liable |
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| | Clause 12, page 11, line 13, leave out ‘foreign criminals’ and insert ‘persons liable |
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| | Clause 12, page 11, line 14, leave out from ‘where’ to end of line 15 and insert ‘a |
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| | human rights claim has been made by a person (“P”) who is liable to deportation under— |
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| | | (a) | section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming |
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| | | deportation conducive to public good), or |
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| | | (b) | section 3(6) of that Act (court recommending deportation following |
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| | Clause 12, page 11, line 18, leave out ‘C’ and insert ‘P’. |
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| | Clause 12, page 11, line 19, leave out ‘C’ and insert ‘P’. |
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| | Clause 12, page 11, line 20, leave out ‘C’s’ and insert ‘P’s’. |
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| | Clause 12, page 11, line 24, leave out ‘C’ and insert ‘P’. |
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| | Clause 12, page 11, line 26, leave out ‘C’ and insert ‘P’. |
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| | Clause 12, page 11, line 28, leave out subsection (4). |
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| | | Clause, as amended, Agreed to. |
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| | Clause 14, page 14, line 3, at end insert ‘or |
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| | | (c) | was born in the United Kingdom and has always lived in the United |
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| | [Adjourned until Thursday at 11.30 am |
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