| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Mr Peter Bottomley 144 Clause 98, page 57, line 17, after 'destitute', insert ', except in the case of persons granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended who have been deserted or are fleeing the effects of domestic violence'.
Sir Norman Fowler 418 Clause 99, page 58, line 27, leave out 'may be' and insert 'are being'.
Sir Norman Fowler 419 Clause 101, page 59, line 5, after 'provided', insert 'by the Secretary of State or which the Secretary of State has arranged to be provided'.
Sir Norman Fowler 420 Clause 101, page 59, leave out lines 6 to 13 and insert—'(2) If on an application made by a person authorised in writing by the Secretary of State a Justice of the Peace is satisfied that there are reasonable grounds for believing that—
Sir Norman Fowler 421 Clause 103, page 59, leave out lines 33 and 34.
Sir Norman Fowler 422 Clause 104, page 60, line 4, at beginning insert—'(1) In this Part an "immigration officer" means an immigration officer who is authorised by the Secretary of State to exercise the powers conferred by this Part and the Secretary of State shall not so authorise an immigration officer unless he is satisfied that the immigration officer has received such training as the Secretary of State considers to be appropriate'.
Sir Norman Fowler 423 Clause 104, page 60, line 30, after '(1)', insert '(d) or '.
Sir Norman Fowler 424 Clause 104, page 60, leave out lines 33 and 34 and insert 'only if any of (a), (b), (c) or (d) of subsection (7) ("the first condition") or (a), (b) or (c) of subsection (8) ("the second condition") are satisfied'.
Sir Norman Fowler 425 Clause 105, page 61, line 32, at end insert—'(4A) A search under a warrant granted under this section may only be a search to the extent that is reasonably required for the purpose for which the warrant was granted'.
Sir Norman Fowler 426 Clause 106, page 62, leave out lines 13 to 15 and insert—'(4) The power may be exercised only if the officer—
(5) Where it appears to the officer necessary to do so the officer must take reasonable steps to satisfy (a) to (c) of subsection (4) above in a language or manner which the occupier is able to understand. (6) Where—
subsections (4) and (5) above shall have effect as if any reference to the occupier were a reference to that person.'.
Sir Norman Fowler 432 Clause 109, page 65, line 43, at end insert—'(5A) If the person who was in occupation or control of the premises is in detention at the time of the search, a copy of the record referred to in subsection (5) shall be given to him and if he was in police detention at the time the record shall form part of his custody record'.
Sir Norman Fowler 427 Clause 110, page 66, line 33, after 'headgear', insert 'unless the headgear has cultural or religious significance'.
Sir Norman Fowler 428 Clause 110, page 66, line 33, leave out from 'headgear' to end of line 34.
Sir Norman Fowler 429 Clause 110, page 67, line 2, at end insert—'(9) Subsection (3)(b) above shall not apply where the person arrested is not able to fully comprehend the reason for any such search, whether by reason of language, mental or other disability or age and in such circumstances any such search should only be carried out at a police station and in the presence of an interpreter.'.
Sir Norman Fowler 430 Clause 110, page 67, line 36, after 'privilege', insert 'or items of excluded or special procedure material'.
Sir Norman Fowler 433 Clause 111, page 68, line 11, at beginning insert 'Subject to subsection (2A) below'.
Sir Norman Fowler 431 Clause 111, page 68, leave out lines 14 to 18 inclusive.
Sir Norman Fowler 434 Clause 111, page 68, line 21, at end insert—'(2A) Where a person is in police detention at a place other than a police station an immigration officer may only search him—
Sir Norman Fowler 435 Clause 111, page 68, line 39, at end insert 'and where it appears necessary to do so the officer must take reasonable steps to explain the reason for the seizure in a language or manner which the person understands'.
Sir Norman Fowler 436 Clause 111, page 69, leave out lines 39 to 44.
Sir Norman Fowler 437 Clause 111, page 70, line 24, at end insert 'and where it appears necessary to do so the officer must take reasonably steps to explain the reason for the seizure in a language or manner which the person understands'.
Sir Norman Fowler 438 Clause 114, page 73, line 30, at end insert—'(3A) If there are reasonable grounds for believing that the occupier of the premises may not be able to fully comprehend the purpose of the warrant the immigration officer must take reasonable steps to ensure that he is accompanied by a suitable interpreter unless obtaining the presence of such an interpreter would cause delay so as to frustrate the purpose of the search'.
Mr Mike O'Brien 515 *Clause 114, page 74, line 17, leave out from 'clerk' to end of line 18 and insert 'justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the justice acts'.
Sir Norman Fowler 439 Clause 116, page 75, line 8, at end insert 'but he may not detain that person for more than one week unless he obtains the authority of a senior officer to do so and he may not detain that person for more than one month unless he obtains the authority of a justice of the peace to do so'.
Sir Norman Fowler 440 Clause 122, page 78, line 14, leave out 'or the contract monitor'.
Sir Norman Fowler 441 Clause 123, page 78, line 42, at end insert—
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