House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 12 November 2013
26

Immigration Bill, continued

Mr Mark Harper

Agreed to  93

Schedule  4,  page  77,  line  19,  at end insert—

    ‘(5)
In this paragraph—

“70 day period” has the same meaning as in section 45 of the 2014 Act;

“relevant statutory period” has the same meaning as in section 43 of the

2014 Act;

“section 43 notice” means notice under section 43(8) of the 2014 Act;

“section 45 notice” means notice under section 45(6) of the 2014 Act.’.

Schedule, as amended, Agreed to.

Mr Mark Harper

Agreed to  94

Clause  48,  page  38,  line  3,  leave out from ‘person’ to end of line 6.

Mr Mark Harper

Agreed to  95

Clause  48,  page  38,  line  32,  leave out from beginning to end of line 33.

Clause, as amended, Agreed to.

Clauses 49 to 53 Agreed to.

Schedule 5 Agreed to.

Clauses 54 to 57 Agreed to.

Meg Hillier

Not selected  99


Schedule  6,  page  84,  line  29,  at end insert ‘; and

‘( )
require the fee for organisations which are charities, or which do not

charge fees to clients, or which operate as not-for-profit

organisations.’.

Meg Hillier

Not selected  100


Schedule  6,  page  85,  line  25,  at end insert—

‘4B(1)
When the Commissioner cancels a person’s registration, she must ensure that

the case files of all the people represented by that person are—

(a)
returned to the individual represented;

(b)
transferred to another person with the consent of the individual

represented; or

(c)
passed to the Commissioner to arrange secure storage and the

possibility of retrieval for the files for a period of at least six years.

Public Bill Committee Proceedings: 12 November 2013
27

Immigration Bill, continued

      (2)
The Commissioner must make such arrangements as she sees fit to ensure that

individuals are aware of the cancellation of the registration of their adviser and

how they may retrieve their files.

      (3)
After files have been kept in such storage for six years, the Commissioner may

make arrangements for them to be securely destroyed.’.

Schedule Agreed to.

Clause 58 Agreed to.

Schedule 7 Agreed to.

Meg Hillier

Not selected  101


Clause  59,  page  45,  line  32,  at end insert—

‘( )
the quality of decision-making on the types of application for which the

fee is charged and whether decisions are made within performance

targets.’.

Meg Hillier

Not selected  102


Clause  59,  page  45,  line  34,  leave out ‘may’ and insert ‘must’.

Meg Hillier

Not selected  103


Clause  59,  page  45,  leave out line 38 and insert—

‘( )
Regulations may make provision about—’.

Meg Hillier

Not selected  104


Clause  59,  page  45,  line  41,  at end insert—

‘( )
Fees regulations must provide for the refund of a fee paid to lodge an appeal

against an immigration decision when the Secretary of State withdraws the

decision appealed against before the appeal is heard.’.

Clause Agreed to.

Clauses 60 to 62 Agreed to.

Mr Mark Harper

Agreed to  14

Schedule  8,  page  93,  line  22,  at end insert—

‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)


In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc)

Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the definition

of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.’.

Public Bill Committee Proceedings: 12 November 2013
28

Immigration Bill, continued

Dr Julian Huppert

Withdrawn  36

Schedule  8,  page  95,  line  39,  after ‘rules’, insert ‘by a senior officer independent of

the original decision’.

Mr Mark Harper

Agreed to  48

Schedule  8,  page  103,  line  19,  after ‘52(2)’, insert ‘(apart from paragraph 5(3)(d)

of Schedule 5 to the Immigration and Asylum Act 1999)’.

Schedule, as amended, Agreed to.

Dr Julian Huppert

Negatived on division  38

Clause  63,  page  48,  line  16,  leave out from ‘subsection’ to end of line 17, and insert

‘may not be made unless a draft has been laid before, and approved by resolution of, each

House of Parliament’.

Mr Mark Harper

Agreed to  13

Clause  63,  page  48,  line  22,  after ‘purposes’ insert ‘or areas’.

Clause, as amended, Agreed to.

Clauses 64 to 66 Agreed to.

New Clauses

Consultation with the devolved administrations

Mr David Hanson

Helen Jones

Phil Wilson

Not called  NC1

To move the following Clause:—

‘(1)
Prior to the implementation of sections 15 to 32 the Secretary of State shall

consult with the Scottish Government, the Northern Ireland Executive, and the

Welsh Government on the implementation and principles of these sections.’.

Public Bill Committee Proceedings: 12 November 2013
29

Immigration Bill, continued

Pilot of residential housing provisions

Mr David Hanson

Helen Jones

Phil Wilson

Negatived on division  NC2

To move the following Clause:—

‘(1)
Sections 15 to 32 shall not come into force until—

(a)
a pilot of these measures has been undertaken in—

(i)
one London borough;

(ii)
one local authority in a county in England;

(iii)
one local authority in a county in Wales;

(iv)
one local authority in a county in Scotland; and

(v)
one local authority in a county in Northern Ireland.

(2)
Each pilot shall last for a period of six months.

(3)
At the conclusion of each pilot, the Secretary of State must prepare and publish a

report and must lay a copy of the report before Parliament.

(4)
Each report shall contain an evaluation of the effects of sections 15 to 32 on the

level of discrimination in the private rental housing sector.

(5)
A Minister of the Crown must, not later than three months after the report has

been laid before Parliament, make a motion in the House of Commons in relation

to the report.

(6)
If a motion under subsection (5) has been approved by the House of Commons,

the provisions of sections 15 to 32 come into force on whatever day or days the

Secretary of State appoints by order made by statutory instrument.’.

Police Ombudsman for Northern Ireland

Mr Mark Harper

Added  nc3

To move the following Clause:—

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

“60ZB
Immigration and customs enforcement functions

(1)
The Ombudsman and the Secretary of State may enter into an agreement

to establish, in relation to the exercise of specified enforcement functions

by relevant officials, procedures which correspond to or are similar to

any of those established by virtue of this Part.

(2)
Where no such procedures are in force in relation to a particular kind of

relevant official, the Secretary of State may by order establish such

procedures in relation to the exercise of specified enforcement functions

by that kind of relevant official.

(3)
“Relevant officials” means—

(a)
immigration officers and other officials of the Secretary of State

exercising functions relating to immigration or asylum;

Public Bill Committee Proceedings: 12 November 2013
30

Immigration Bill, continued

(b)
designated customs officials, and officials of the Secretary of

State, exercising customs functions (within the meaning of Part

1 of the Borders, Citizenship and Immigration Act 2009);

(c)
the Director of Border Revenue exercising customs revenue

functions (within the meaning of that Part of that Act), and

persons exercising such functions of the Director;

(d)
persons providing services pursuant to arrangements relating to

the discharge of a function within paragraph (a), (b), or (c).

(4)
“Enforcement functions” includes, in particular—

(a)
powers of entry,

(b)
powers to search persons or property,

(c)
powers to seize or detain property,

(d)
powers to arrest persons,

(e)
powers to detain persons, and

(f)
powers to examine persons or otherwise to obtain information

(including powers to take fingerprints or to acquire other

personal data).

(5)
“Specified” means specified in an agreement under subsection (1) or an

order under subsection (2).

(6)
“Immigration officer” means a person appointed under paragraph 1(1) of

Schedule 2 to the Immigration Act 1971.

60ZC
Section 60ZB: supplementary

(1)
An agreement under section 60ZB may at any time be varied or

terminated—

(a)
by the Secretary of State, or

(b)
by the Ombudsman, with the consent of the Secretary of State.

(2)
Before making an order under section 60ZB the Secretary of State must

consult the Ombudsman and such persons as the Secretary of State thinks

appropriate.

(3)
An agreement or order under section 60ZB may provide for payment by

the Secretary of State to or in respect of the Ombudsman.

(4)
An agreement or order under section 60ZB must relate only to the

exercise of enforcement functions—

(a)
wholly in Northern Ireland, or

(b)
partly in Northern Ireland and partly in another part of the United

Kingdom.

(5)
An agreement or order under section 60ZB must relate only to the

exercise of enforcement functions on or after the day on which the

agreement or order is made.

(6)
An agreement or order under section 60ZB must not provide for

procedures in relation to so much of any complaint or matter as relates to

functions conferred by or under Part 8 of the Immigration and Asylum

Act 1999 (detained persons & removal centres etc.).”

[Adjourned until Tuesday 19 November at 8.55 am



© Parliamentary copyright	Revised 13 November 2013