| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Attendance for fingerprinting
Mr Mike O'Brien NC43 To move the following Clause:—'.—(1) The Secretary of State may, by notice in writing, require a person to whom section (Fingerprinting) applies to attend at a specified place for fingerprinting. (2) The notice—
(3) A constable or immigration officer may arrest without warrant a person who has failed to comply with a requirement imposed on him under this section (unless the requirement has ceased to have effect). (4) Before a person arrested under subsection (3) is released—
(5) A requirement imposed under subsection (1) ceases to have effect at the end of the relevant period (as defined by section (Fingerprinting)).'.
Destruction of fingerprints
Mr Mike O'Brien NC44 To move the following Clause:—'.—(1) If they have not already been destroyed, fingerprints must be destroyed before the end of the period of ten years beginning with the day on which they were taken. (2) If a person from whom fingerprints were taken proves that he is a British citizen the fingerprints must be destroyed as soon as reasonably practicable. (3) If a person from whom fingerprints were taken—
the fingerprints must be destroyed as soon as reasonably practicable. (4) Fingerprints taken from B must be destroyed as soon as reasonably practicable after his removal from the United Kingdom. (5) But subsection (4) does not apply if it appears to the Secretary of State that B has failed to comply with a restriction imposed on him under paragraph 21(2) of Schedule 2 to the 1971 Act. (6) Fingerprints taken from C must, if the directions cease to have effect, be destroyed as soon as reasonably practicable. (7) If a deportation order made against C is revoked, any fingerprints taken from him must be destroyed as soon as reasonably practicable. (8) If D ceases to be liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act, fingerprints taken from him must be destroyed as soon as reasonably practicable. (9) Fingerprints taken from F must be destroyed when fingerprints taken from the person whose dependant he is have to be destroyed. (10) The obligation to destroy fingerprints under this section applies also to copies of fingerprints. (11) The Secretary of State must take all reasonably practicable steps to secure—
(12) The person to whom the data relate is entitled, on request, to a certificate issued by the Secretary of State to the effect that he has taken the steps required by subsection (11). (13) A certificate under subsection (12) must be issued within three months of the date of the request for it. (14) "Fingerprints" means fingerprints taken under section (Fingerprinting) and references to B, C, D, E and F are to the persons so described in that section.'.
Other methods of collecting data about physical characteristics
Mr Mike O'Brien NC45 To move the following Clause:—'. The Secretary of State may make regulations containing provisions equivalent to sections (Fingerprinting), (Attendance for fingerprinting) and (Destruction of fingerprints) in relation to such other methods of collecting data about external physical characteristics as may be prescribed.'.
Provision of facilities for immigration control at ports
Mr Mike O'Brien NC47 To move the following Clause:—'.—(1) The person responsible for the management of a port ("the manager") must provide the Secretary of State free of charge with such facilities at the port as the Secretary of State may direct as being reasonably necessary for, or in connection with, the operation of immigration control. (2) Before giving such a direction, the Secretary of State must consult such persons likely to be affected by it as he considers appropriate. (3) If the Secretary of State gives such a direction, he must send a copy of it to the person appearing to him to be the manager. (4) If the manager persistently fails to comply with the direction (or part of it), the Secretary of State may—
(5) A direction under this section is enforceable, on the application of the Secretary of State—
(6) "Port" means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the 1971 Act. (7) "Facilities" means accommodation, facilities, equipment and services of a class or description specified in an order made by the Secretary of State.'.
Entitlement to appeal against exclusion
Sir Norman Fowler NC1 To move the following Clause:—'.—In the 1971 Act, in subsection 3 of section 13 leave out the words "unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit".'.
Secretary of State's report (children's rights)
Mr Peter Bottomley NC2 To move the following Clause:—'.—The Secretary of State shall report to Parliament before commencement on the compatibility of each provision with the duties and principles relating to children's needs and rights established in the United Nations Conventions on the Rights of the Child, the Children Act 1989 and the Children (Scotland) Act 1995, and the European Convention on Human Rights.'.
Repeal of section 8 of the Asylum and Immigration Act 1996
Mr Richard Allan NC3 To move the following Clause:—
'.—Section 8 of the Asylum and Immigration Act 1996 (restrictions on employment) shall cease to have effect.'.
Right of appeal against decision of court to grant bail
Sir Norman Fowler NC4 To move the following Clause:—'.—(1) Where a court grants bail to a person under this Part an immigration officer may appeal to a judge of the crown court against the granting of bail. (2) In the event of an immigration officer wishing to exercise the right of appeal set out in subsection (1) above oral notice of appeal shall be given to the court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned. (3) Written notice of appeal shall thereafter be served on the court and the person concerned within two hours of the conclusion of proceedings. (4) Upon receipt from an immigration officer of an oral notice of appeal from its decision to grant bail the court shall order the person concerned to remain in detention until the appeal is determined or otherwise disposed of.'.
Operation of Part VI
Sir Norman Fowler NC5 To move the following Clause:—'.—It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that officials of his department and all other providers of assistance to asylum applicants and their dependants operate the provisions of this Part of this Act and exercise their functions in such a way as shall best promote the welfare of asylum seekers and their dependants, if any, who require assistance under this Part of this Act.'.
Asylum Support Commissioner
Sir Norman Fowler NC6 To move the following Clause:—'.—(1) There is to be an Asylum Support Commissioner. (2) The Commissioner is to be appointed by the Lord Chancellor subject to the approval of the Home Affairs Select Committee of the House of Commons. (3) It is to be the general duty of the Commissioner to monitor the operation of the Asylum Support Scheme and in particular to monitor—
(4) The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State. (5) The report must in particular set out the Commissioner's opinion as to the extent to which the asylum support scheme has provided effective and good value support in that year. (6) The Secretary of State must lay a copy of the report before each House of Parliament. (7) "Financial year" means the period of 12 months beginning with 1st April.'.
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