| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Sir Norman Fowler 184 Clause 18, page 13, line 42, at end insert 'but the owner is not a responsible person when the vehicle has been hired by another person'.
Mr Mike O'Brien 38 Clause 18, page 14, line 1, leave out 'or hirer' and insert ', hirer or operator'.
Sir Norman Fowler 185 Clause 18, page 14, line 1, at end insert 'but the owner is not a responsible person when the trailer has been hired by another person'.
Mr Mike O'Brien 39 Clause 18, page 14, line 4, leave out 'or hirer' and insert ', hirer or operator'.
Sir Norman Fowler 186 Clause 18, page 14, line 5, at end insert 'but the owner is not a responsible person when the trailer has been hired by another person'.
Sir Norman Fowler 187 Clause 18, page 14, line 6, at end insert 'but the owner is not a responsible person when the vehicle has been hired by another person'.
Sir Norman Fowler 466 Clause 18, page 14, leave out lines 7 to 11.
Sir Norman Fowler 467 Clause 18, page 14, leave out lines 12 to 17.
Mr Mike O'Brien 40 Clause 18, page 14, line 17, at end insert—'( ) "Immigration control" means United Kingdom immigration control and includes any United Kingdom immigration control operated in a prescribed control zone outside the United Kingdom.'.
Sir Norman Fowler 468 Clause 19, page 14, line 18, leave out 'may' and insert 'shall'.
Sir Norman Fowler 469 Clause 19, page 14, leave out lines 21 to 24 and insert—'(2) The Secretary of State may bring the code into operation by an order made by statutory instrument. (3) No order is to be made under subsection (2) above unless a draft of the order has been laid before Parliament and approved by a resolution of each House.'.
Mr Mike O'Brien 41 Clause 19, page 14, line 24, leave out 'made by statutory instrument'.
Sir Norman Fowler 220 Clause 19, page 14, line 28, at end add—'(6) The code of practice shall be subject to approval by affirmative resolution. (7) In deciding the contents of the code the Secretary of State shall consult with interested parties such as transport industry organisations and human rights organisations.'.
Mr Richard Allan 453 Clause 19, page 14, line 28, at end add—'(6) In deciding the contents of the code the Secretary of State must consult with interested parties such as transport industry organisations and human rights organisations.'.
Sir Norman Fowler 189 Clause 20, page 14, leave out lines 31 to 33 and insert—'( ) If the carrier represents that he, or an employee of his who was directly responsible for allowing the clandestine entrant to be concealed, was acting under duress, the carrier shall not be liable to a penalty unless it is shown beyond reasonable doubt that the carrier or such an employee of his as is mentioned above was not acting under duress'.
Sir Norman Fowler 470 Clause 20, page 14, line 34, at beginning insert 'Subject to 3(a) below'.
Sir Normal Fowler 471 Clause 20, page 14, line 35, leave out 'suspecting' and insert 'believing'.
Sir Norman Fowler 190 Clause 20, page 14, line 38, leave out from 'transporter;' to end of line 40.
Sir Norman Fowler 472 Clause 20, page 14, line 38, leave out 'and' and insert 'or'.
Sir Norman Fowler 473 Clause 20, page 14, line 40, at end insert—'(3A) A carrier shall not be found liable for a penalty by reason of any action or failure to act by him, or a person or persons in control of a vehicle, ship or aircraft when he can show that the health or safety of himself or others would have been put at risk if he or the said persons had taken a course of action other than the course they took.'.
Sir Norman Fowler 474 Clause 20, page 14, line 42, leave out 'is to' and insert 'may'.
Sir Norman Fowler 219 Clause 20, page 15, line 6, at end add—'(7) The Secretary of State shall bring into force by statutory instrument subject to affirmative resolution, on independent appeals system for those subjected to a penalty under section 18.'.
Sir Norman Fowler 191 Clause 21, page 15, line 14, leave out 'and'.
Sir Norman Fowler 192 Clause 21, page 15, line 16, at end insert '; and—
Sir Norman Fowler 475 Clause 21, page 15, line 16, at end insert 'and if P is not a UK national the notice must be in a language which is understood by P.'.
Sir Norman Fowler 193 Clause 21, page 15, leave out lines 19 to 24 and insert—'(4) The Secretary of State must serve the required penalty notice on each of the responsible persons'.
Mr Mike O'Brien 42 Clause 21, page 15, line 22, after 'steps', insert 'while the penalty remains unpaid'.
Sir Norman Fowler 194 Clause 21, page 15, line 24, at end insert 'and if the Secretary of State fails to take such reasonable steps in respect of a responsible person that person shall not be liable to a penalty'.
Mr Mike O'Brien 43 Clause 21, page 15, line 29, after 'must', insert—
Sir Norman Fowler 195 Clause 21, page 15, line 30, at end insert 'and such period shall not be less than one month from the time of service of the penalty notice'.
Mr Mike O'Brien 44 Clause 21, page 15, line 32, leave out 'the objections' and insert 'it'.
Sir Norman Fowler 196 Clause 21, page 15, line 33, at end insert—'(8A) Where the Secretary of State determines that a penalty is payable by a person such a person may appeal to a magistrates' court against the determination'.
Sir Norman Fowler 197 Clause 21, page 15, line 33, at end insert—'(8B) If a person on whom a penalty notice is served, or who is treated as having had a penalty notice served on him, admits that he is liable for one or more, or all, of the penalties specified in the penalty notice but considers that there are grounds for mitigating all or part of the penalty, he may give written notice of such grounds to the Secretary of State. (8C) Notice under subsection (8B) ("a notice of grounds for mitigating the penalty") must be given before the end of such period as may be prescribed. (8D) If a notice of grounds for mitigating the penalty is given before the end of the prescribed period, the Secretary of State must consider such grounds and determine whether or not to mitigate all or part of the penalty.'.
Sir Norman Fowler 198 Clause 21, page 15, leave out lines 34 to 37.
Sir Norman Fowler 199 Clause 22, page 16, line 6, leave out 'a significant' and insert 'an obvious and substantial'.
Sir Norman Fowler 200 Clause 22, page 16, leave out lines 9 and 10 and insert—
but in the case of subsection (2)(b)(ii) above a senior immigration officer may disregard the indication given by the person and exercise his power to detain the transporter if he considers that the grounds for giving such a notice of objection are manifestly unfounded'.
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| ©Parliamentary copyright 1998 | Prepared 19 Apr 1999 |