S.C.B.
Amendment Paper as at
Thursday 8th January 2004
STANDING COMMITTEE B
New Amendments handed in are marked thus *
ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) BILL
Mr Mark Oaten
Mr David Heath
49
Clause 2, page 2, line 2, leave out 'A person' and insert 'An adult'.
Mr Humfrey Malins
Angela Watkinson
3
Clause 2, page 2, line 3, leave out 'in the United Kingdom' and insert 'at a United Kingdom airport'.
Mr Mark Oaten
Mr David Heath
50
Clause 2, page 2, line 3, after 'arrival', insert 'at an airport'.
Mr Humfrey Malins
Angela Watkinson
2
Clause 2, page 2, line 3, after 'him', insert ', or fails to produce to an immigration officer within three days,'.
Mr Mark Oaten
Mr David Heath
51
Clause 2, page 2, line 3, leave out 'an immigration' and insert 'a'.
Mr Humfrey Malins
Angela Watkinson
4
Clause 2, page 2, line 4, after 'immigration', insert 'or other'.
Mr Humfrey Malins
Angela Watkinson
5
Clause 2, page 2, line 5, after 'is', insert 'or has been'.
Mr Mark Oaten
Mr David Heath
52
Clause 2, page 2, line 6, leave out 'and' and insert ','.
Mr Mark Oaten
Mr David Heath
53
Clause 2, page 2, line 7, after 'arrival', insert 'at an airport'.
Mr Humfrey Malins
Angela Watkinson
6
Clause 2, page 2, line 9, after 'him', insert ', or fails to produce to an immigration officer within three days,'.
Mr Mark Oaten
Mr David Heath
54
Clause 2, page 2, line 9, leave out 'an immigration' and insert 'a'.
Mr Humfrey Malins
Angela Watkinson
7
Clause 2, page 2, line 9, after 'immigration', insert 'or other'.
Mr Humfrey Malins
Angela Watkinson
8
Clause 2, page 2, line 10, after 'is', insert 'or has been'.
Mr Mark Oaten
Mr David Heath
55
Clause 2, page 2, line 11, leave out 'and' and insert ','.
Beverley Hughes
67
Clause 2, page 2, line 15, after 'national', insert—
| '(aa) | that he is a member of the family of an EEA national and that he is exercising a right under the Community Treaties in respect of entry to or residence in the United Kingdom,'. |
Mr Humfrey Malins
Angela Watkinson
9
Clause 2, page 2, line 17, at end insert ', or
| '(c) | that he has not, in the last five years, possessed such a document.'. |
Beverley Hughes
68
Clause 2, page 2, line 20, after 'national', insert—
| '(aa) | that the child is a member of the family of an EEA national and that the child is exercising a right under the Community Treaties in respect of entry to or residence in the United Kingdom,'. |
Mr Humfrey Malins
Angela Watkinson
10
Clause 2, page 2, line 22, at end insert ', or
| '(c) | that the person has not, in the last five years, possessed such a document.'. |
Mr Mark Oaten
Mr David Heath
56
Clause 2, page 2, line 22, at end insert—
'(4A) Where a person is charged with an offence under subsections (1) and (2), and relies on a defence under subsections (3) and (4), if the person adduces evidence which is sufficient to raise an issue with respect to the matter, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.'.
Beverley Hughes
69
Clause 2, page 2, line 24, after 'destroyed', insert 'or disposed of'.
Beverley Hughes
70
Clause 2, page 2, line 26, after 'destruction', insert 'or disposal'.
Mr Humfrey Malins
Angela Watkinson
11
Clause 2, page 2, line 28, after 'offence', insert ', or
| (iii) | was destroyed under duress,'. |
Mr Mark Oaten
Mr David Heath
57
Clause 2, page 2, line 28, leave out from 'offence' to end of line 36.
Mr Humfrey Malins
Angela Watkinson
12
Clause 2, page 2, line 33, leave out from 'application' to end of line 36.
Mr Humfrey Malins
Angela Watkinson
13
Clause 2, page 2, line 34, leave out 'instructions or'.
Mr Andrew Turner
79
*Clause 2, page 2, line 36, at end insert—
'(6A) A person commits an offence if he aids or abets or provides a craft used in the commission of an offence under subsections (1) and (2).
(6B) It shall be a defence for a person charged with an offence under subsection (6A) to prove that he could not reasonably have known that an offence was being committed.'.
Mr Mark Oaten
Mr David Heath
58
Clause 2, page 2, line 38, leave out 'to an immigration officer on request' and insert 'without reasonable excuse following a request from an immigration officer, within a reasonable period, which shall be no less than seven days from the date of that request.'.
Mr Humfrey Malins
Angela Watkinson
16
Clause 2, page 2, line 39, at end insert 'or within three days'.
Mr Humfrey Malins
Angela Watkinson
14
Clause 2, page 2, line 41, leave out paragraph (a).
Mr Humfrey Malins
Angela Watkinson
15
Clause 2, page 2, line 43, leave out 'six' and insert 'four'.
Mr Humfrey Malins
Angela Watkinson
17
Clause 2, page 2, line 44, at end insert ', or
| (c) | where the person has with him a dependent child, to a fine not exceeding the statutory maximum'. |
Mr Andrew Turner
82
*Clause 2, page 2, line 44, at end insert ', or
(c) on conviction on indictment for an offence under subsection (6A) to imprisonment for a term not exceeding two years for each offence under subsection (1) or (2) aided or abetted, to a fine or to both; or
(d) on conviction on indictment for an offence under subsection (6A) involving a craft, a fine not exceeding the value of the craft.'.
Mr Mark Oaten
Mr David Heath
59
Clause 2, page 2, line 45, leave out 'or immigration officer'.
Mr Andrew Turner
80
*Clause 2, page 3, line 7, at end insert '"craft" means any boat, ship, aeroplane, hovercraft, balloon, airship, rocket, train, tractor, motor-car, carriage or any other movable structure used in the commission of an offence under subsections (1) and (2);'.
Mr Mark Oaten
Mr David Heath
60
Clause 2, page 3, line 10, after 'time)', insert—
| | '"first interview" means a substantive interview conducted under caution and in accordance with the Police and Criminal Evidence Act 1984 Codes of Practice, in the presence of an accredited legal representative, and'. |
Mr Mark Oaten
Mr David Heath
61
Clause 2, page 3, line 10, leave out from 'time)' to end of line 15.
Mr Mark Oaten
Mr David Heath
62
Clause 2, page 3, line 12, leave out paragraphs (a) and (b) and insert 'any document which contains sufficient information to identify that person or dependent child or their nationality or citizenship.'.
Mr Andrew Turner
81
*Clause 2, page 3, line 15, at end insert '"provides" means owns, lets, captains, pilots or drives.'.
Mr Mark Oaten
Mr David Heath
63
Clause 2, page 3, line 15, at end add—
'(11) Where a decision is made to prosecute a person for offences contained in this section, no prosecution shall be commenced until after the final determination of all proceedings in relation to—
| (a) | an asylum claim made under the Refugee Convention, or |
| (b) | a claim made under the European Convention on Human Rights, or |
| (c) | an application for leave to remain under the provisions of the Immigration Acts.'. |
Mr Mark Oaten
Mr David Heath
63A
Clause 2, page 3, line 15, at end add—
'(12) No prosecution shall be brought against a child in respect of the offences contained in this section.'.
Mr Mark Oaten
Mr David Heath
64
Clause 2, page 3, line 15, at end add—
'(13) Section 31 of the Immigration and Asylum Act 1999 (c.33) (defences based on the Refugee Convention) shall be amended as follows.
(14) After subsection (3)(c) (falsification of documents), insert—
| (d) | section 2 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (entering United Kingdom without passport).". |
(15) After subsection (4)(d) (falsification of documents), insert—
| (e) | under section 2 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (entering United Kingdom without passport),".'. |
