Vote Bundle Text (990513-03)

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

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Mr Richard Allan
Dr Vincent Cable

981

Schedule 10, page 108, line 18, at end insert—

'( ) A penalty notice under sub-paragraph (2) must specify those items which may not be brought into a detention centre'.

Mr Richard Allan
Dr Vincent Cable

975

Clause 128, page 81, line 5, after 'duty', insert ', if so ordered by a court,'.

Mr Richard Allan
Dr Vincent Cable

976

Clause 128, page 81, line 7, at end insert ', whether or not that person is still detained at the time of disclosure.'.

Mr Mike O'Brien

910

Clause 130, page 82, line 16, at end insert—

'( ) may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);'.

Mr Mike O'Brien

911

Clause 130, page 82, line 18, leave out 'consent' and insert 'approval'.

Mr Mike O'Brien

912

Clause 130, page 82, line 21, at end insert—

'( ) The order may make different provision in relation to different cases.'.

Mr Mike O'Brien

913

Clause 130, page 82, line 24, leave out 'such instrument' and insert 'statutory instrument made under subsection (5F)'.

Mr Mike O'Brien

914

Clause 131, page 82, line 37, at end insert—

'( ) In the Marriage Law (Ireland) Amendment Act 1863, in section 2(3) (matters to be stated in notice of marriage), after "dwelling place" insert "and the nationality".'.

Mr Mike O'Brien

915

Clause 132, page 83, line 17, at end insert—

'( ) In the Marriage Law (Ireland) Amendment Act 1863, after section 3, insert—

"Power to require evidence. 3A.—(1) A registrar to whom a notice of marriage mentioned in section 2 is given may require the person giving the notice to provide him with specified evidence relating to each of the persons to be married.
    (2) Such a requirement may be imposed at any time—

(a) on or after the giving of the notice of marriage; but

(b) before the registrar issues his certificate.
    (3) "Specified evidence", in relation to a person, means such evidence of that person's—

(a) name and surname,

(b) age,

(c) marital status, and

(d) nationality,
    as may be specified in guidance issued by the Registrar General."'.

Mr Mike O'Brien

916

Clause 133, page 84, line 2, at end insert—

'( ) In the Marriages (Ireland) Act 1844, in section 16 (issue of marriage certificate), for "provided that no lawful impediment be shown to the satisfaction of the registrar why such certificate should not issue" substitute "unless the registrar is not satisfied that there is no lawful impediment to the issue of the certificate".'.

Mr Mike O'Brien

917

Clause 133, page 84, line 2, at end insert—

'( ) In the 1844 Act, after section 16, insert—

"Appeal on refusal under section 16. 16A.—(1) If the registrar refuses to issue a certificate under section 16 on the ground that he is not satisfied that there is no lawful impediment to the issue of the certificate, the party by whom the notice was given may appeal to the Registrar General.
    (2) On such an appeal, the Registrar General must—

(a) confirm the refusal; or

(b) direct that a certificate be issued.
    (3) If—

(a) the registrar refuses to issue a certificate under section 16 on the ground specified in subsection (1) as a result of a representation made to him, and

(b) on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,
    the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.
    (4) For the purpose of enabling a person to recover any such costs and damages, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate."'.

Mr Mike O'Brien

494

Clause 134, page 84, line 9, leave out 'Secretary of State' insert 'person making it'.

Mr Mike O'Brien

805

Clause 134, page 84, line 9, leave out 'and'.

Mr Mike O'Brien

806

Clause 134, page 84, line 10, at end insert '; and

Mr Mike O'Brien

Clause 134, page 84, leave out line 12 and insert—

'( ) section 11,

( ) section 12,'.

Mr Mike O'Brien

807

Clause 134, page 84, line 14, after '75(5);' insert—

'( ) section 76(3);'.

Mr Mike O'Brien

603

Clause 135, page 84, line 27, at end insert—

' "claim for asylum" (except in Parts V and VI) means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;'.

Mr Mike O'Brien

Clause 135, page 84, line 27, at end insert—

'"country" includes any territory;'.

Mr Mike O'Brien

604

Clause 135, page 84, line 27, at end insert—

' "the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;'.

Mr Mike O'Brien

Clause 135, page 84, line 34, leave out from beginning to end of line 35.

Mr Mike O'Brien

605

Clause 135, page 84, line 37, at end insert—

' "the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;'.

Mr Mike O'Brien

808

Clause 135, page 84, line 37, at end insert ' "voluntary organisations" means bodies (other than public or local authorities) whose activities are not carried on for profit.'.

Mr Mike O'Brien

Clause 135, page 84, line 37, at end insert—

'( ) The following expressions have the same meanings as in the 1971 Act—

"certificate of entitlement";

"entry clearance";

"immigration officer";

"immigration rules";

"United Kingdom passport";

"work permit".'.

Mr Mike O'Brien

516

Clause 136, page 85, line 4, after '94' insert 'or by the Lord Chancellor under section 32 (1B)'.

Ms Diane Abbott

982

Clause 138, page 85, line 12, at end insert—

'(2A) Part VII of this Act will only come into force when the codes of practice and disciplinary code issued under section (Codes of practice on the exercise of powers under part VII) and the independent Immigration Complaints Authority established under section (Immigration Complaints Authority) have been brought into force and any person authorised to exercise the powers contained in Part VII of this Act has received sufficient training to enable them to exercise the said powers fairly and to give due consideration to the suspect or detainee's race, nationality, ethnic origin, age, disability and gender.'.

Mr Mike O'Brien

919

Schedule 12, page 109, line 35, at end insert—

'The Marriages (Ireland) Act 1844 (c.81)

. In Schedule (B) to the Marriages (Ireland) Act 1844, in the fifth column, after "Dwelling Place" insert "and Nationality".'.

Mr Mike O'Brien

920

Schedule 12, page 109, line 35, at end insert—

'The Marriage Law (Ireland) Amendment Act 1863 (c.27)

. In Schedule (A) to the Marriage Law (Ireland) Amendment Act 1863, in the fifth column, after "Dwelling Place" insert "and Nationality".'.

Mr Mike O'Brien

921

Schedule 12, page 109, line 37, at end insert—

' . In section 3(1) (marriages of persons under 21)—

(a) for "a certificate" substitute "certificates"; and

(b) omit "whether by licence or without licence,".

. In section 5 (methods of authorising marriages), in paragraph (d), for "a certificate" substitute "certificates".'.