S.S.C.
Amendment Paper as at
Thursday 13th May 1999
SPECIAL STANDING COMMITTEE
IMMIGRATION AND ASYLUM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th April], as follows:—
Clauses 1 to 27; Schedule 1; Clauses 28 to 38; Schedule 2; Clause 39; Schedule 3; Clause 40; Schedule 4; Clauses 41 to 62; Schedule 5; Clauses 63 and 64; Schedule 6; Clauses 65 and 66; Schedule 7; Clauses 67 to 83; Schedule 8; Clauses 84 to 125; Schedule 9; Clause 126; Schedule 10; Clause 127; Schedule 11; Clauses 128 to 138; Schedules 12 to 14; new Clauses; new Schedules.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
958
Clause 104, page 60, line 8, leave out 'or 24A'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
960
Clause 104, page 60, line 13, at end insert—
'( ) Subsection (1) will not apply to an offence under section 24A until the suspect's application for asylum has been determined and he has been able to exercise any appeal rights arising from the decision reached.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
959
Clause 104, page 60, line 26, leave out from beginning to end of line 14 on page 61.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
423
Clause 104, page 60, line 30, after '(1)', insert '(d) or '.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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'.
Mr Mike O'Brien
908
Clause 104, page 60, line 33, leave out from 'if' to end of line 34 and insert 'either the first or the second condition is satisfied'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
961
Clause 104, page 60, line 39, at end insert 'and the suspect is capable of understanding the language in which he is being asked to give his name and he is not in need of assistance from an appropriate adult by reason of age, mental incapacity or any other disability'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
962
Clause 104, page 60, line 44, after 'service', insert 'and the suspect is capable of understanding the language in which he is being asked to give his address and he is not in need of assistance from an appropriate adult by reason of age, mental incapacity or any other disability'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
969
Clause 106, page 61, line 39, at end insert 'where there are reasonable grounds to suspect that the person has facilitated such entry for profit or reward'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
426
Clause 106, page 62, leave out lines 13 to 15 and insert—
'(4) The power may be exercised only if the officer—
(a) identifies himself to the occupier and produces to him documentary evidence that he is an immigration officer;
(b) explains to the occupier the purpose of the search; and
(c) gives to the occupier a notice in writing stating the identity of the officer and the purpose of the search.
(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—
(a) the occupier of such premises is not present when an officer seeks to exercise the power conferred by this section; but
(b) some other person who appears to the officer to be in charge of the premises is present
subsections (4) and (5) above shall have effect as if any reference to the occupier were a reference to that person.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
963
Clause 107, page 62, line 29, leave out 'and' and insert—
'( ) the immigration officer has made reasonable inquiries to establish—
(i) a substantial connection between the premises and the suspect;
(ii) the precise nature of the premises themselves;
(iii) whether the premises have previously been searched, and, if so, how recently; and
(iv) that the proposed search will not have an adverse effect on the work carried out at the premises for people other than the suspect; and'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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'.
Mr Richard Allan
Dr Vincent Cable
970
Clause 110, page 66, line 29, at end insert '; and
(c) as long as no physical contact is made with the arrested person's body.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
427
Clause 110, page 66, line 33, after 'headgear', insert 'unless the headgear has cultural or religious significance'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
428
Clause 110, page 66, line 33, leave out from 'headgear' to end of line 34.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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.'.
Mr Richard Allan
Dr Vincent Cable
971
Clause 110, page 67, line 2, at end insert—
'( ) Subsection 3(b) 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 and/or an appropriate adult.'.
Mr Richard Allan
Dr Vincent Cable
972
Clause 110, page 67, line 22, at end insert '; and
(c) only if no contact is made with the arrested person's body'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
430
Clause 110, page 67, line 36, after 'privilege', insert 'or items of excluded or special procedure material'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
433
Clause 111, page 68, line 11, at beginning insert 'Subject to subsection (2A) below'.
Ms Diane Abbott
983
Clause 111, page 68, leave out lines 11 to 21 and insert—
'(2) An immigration officer may have access to the record made, as part of the custody record, of all items found on the arrested person.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
431
Clause 111, page 68, leave out lines 14 to 18.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
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—
(a) to see whether he has with him anything which the officer has reasonable grounds for believing is evidence relating to the offence in question;
(b) investigation of the offence in question will be hampered if a search is delayed until the person arrives at a police station'.
