Vote Bundle Text (990419-05)

Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons

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Sir Norman Fowler
Mr James Clappison
Mr John Greenway

201

Clause 22, page 16, leave out lines 15 to 18.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

203

Clause 23, page 16, line 28, leave out 'or'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

202

Clause 23, page 16, line 29, leave out 'significant' and insert 'reasonable'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

204

Clause 23, page 16, line 31, at end insert 'or—

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

205

Clause 23, page 16, line 34, leave out '56' and insert '84'.

Mr Mike O'Brien

Clause 23, page 16, line 38, leave out 'detention and'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

221

Clause 24, page 17, line 3, leave out 'or a constable may' and insert 'may apply to the court within 48 hours of the time of arrest for power to'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

222

Clause 24, page 17, leave out lines 5 to 11.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

208

Clause 24, page 17, line 8, after 'acquitted', insert 'or all charges have been withdrawn'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable

223

Clause 24, page 17, line 14, leave out 'or constable'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

224

Clause 24, page 17, line 18, leave out 'claims' and insert 'appears'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

225

Clause 24, page 17, line 19, leave out from 'which' to end of line 21 and insert 'is the subject of an application to the court shall be served with notice of the application by the senior officer faxing wherever possible but otherwise by telephone and such person shall be entitled to be heard on the question of detention.

'(3A) If such person cannot be contacted within the time limit set out in subsection (1) then the officer shall ensure that a written notice of the application and any decision made by the Court shall be sent by recorded delivery to the person who appears to be the owner.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

226

Clause 24, page 17, line 23, leave out '(3)' and insert '(1)'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

227

Clause 24, page 17, line 23, leave out from 'may' to end of line 26 and insert 'authorise the lawful detention of the relevant ship, aircraft or vehicle only if satisfied that its availability cannot subsequently be made in the court in the event that.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

228

Clause 24, page 17, line 29, at end insert 'provided always that any order made authorising the detention shall be subject to an application being made by the person referred to in (3) above if not represented at the original application.'.

Mr Mike O'Brien

Clause 24, page 17, line 31, leave out 'a magistrates' court or the Crown Court' and insert—

'(i) if the arrested person has not been charged, the magistrates' court for the petty sessions area in which he was arrested;

(ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates' court for the petty sessions area in which he was charged;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;'.

Mr Mike O'Brien

Clause 24, page 17, line 34, leave out 'a court of summary jurisdiction' and insert—

'(i) if the arrested person has not been charged, the magistrates' court for the county court division in which he was arrested;

(ii) if he has been charged but proceedings for the offence have not begun to be heard, the magistrates' court for the county court division in which he was charged;

(iii) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings;'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable

229

Clause 24, page 17, line 38, at end insert 'or a police officer not below the rank of sergeant'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

261

Clause 24, page 17, line 38, at end insert—

'(8) If at a hearing before a court under (4) above whether on an application by a senior officer where the owner was not represented or at a subsequent hearing at which an owner is represented the decision to detain is not authorised, then the senior officer shall be liable for any losses arising from the lack of use hire ownership or other proprietary enjoyment of the ship aircraft or vehicle to which the application relates.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

209

Clause 25, page 18, line 19, at end insert—

'(4A) No charge is payable in respect of a person who fails on arrival in the United Kingdom to produce the documents required under subsection (1) if the owner or train operator of the ship, aircraft or train in which that person arrived can show that before that person embarked for the United Kingdom the following procedures had been applied—

(a) a full document check of all passengers had been conducted immediately prior to boarding

(b) in the case of an aircraft the check had taken place at the departure gate and each passenger's documents had been reconciled with their boarding card, and

(c) that reasonable security arrangements approved in advance by an immigration officer (such approval not to be unreasonably withheld) had been used at the point of embarkation to ensure that passengers could not circumvent the document checks'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

210

Clause 25, page 18, line 19, at end insert—

'(4B) A charge paid to the Secretary of State under this section shall be refunded in respect of any person—

(a) who is granted refugee status, or

(b) who is granted exceptional leave to remain.'

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

211

Clause 25, page 18, leave out lines 20 and 21 and insert—

'(5) For the purposes of this section—

(a) a document is what it purports to be unless its falsity is reasonably apparent, and

(b) in deciding whether the falsity of a document is reasonably apparent it shall be assumed that the person making the appropriate judgment is not an immigration officer.'.

Mr Mike O'Brien

476

Clause 25, page 18, line 21, at end insert '; and

(b) is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

212

Clause 25, page 18, line 43, at end add—

'(11) The Secretary of State must appoint a person to monitor the complexity and effectiveness of visas and stamps required in passports.

(12) The monitor must make an annual report on the discharge of his functions to the Secretary of State.'.

Mr Richard Allan
Dr Vincent Cable

456

Clause 25, page 18, line 43, at end add—

'(11) A person who obtains leave to enter or remain as a refugee or whose removal the Secretary of State accepts would be contrary to the Human Rights Act 1998 shall not be a person to whom this section shall apply.'.

Mr Mike O'Brien

Clause 26, page 19, line 2, leave out 'or territory'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

214

Clause 26, page 19, line 7, leave out 'origin'.

Mr Mike O'Brien

Clause 26, page 19, line 8, leave out 'or territory'.

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

213

Clause 26, page 19, line 16, at end add—

'(e) may provide that persons holding either a permit to reside in or a visa to enter a state of the European Union shall be exempted from the requirement imposed by the order'.

Mr Mike O'Brien

Clause 27, page 19, line 23, at end insert—

'( ) If a transporter is detained under subsection (1) it may continue to be detained pending payment of any connected expenses.'.