S.C.B.
Amendment Paper as at
Tuesday 13th 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
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 Andrew Turner
79
Clause 2, page 2, line 39, 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 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),".'. |
Mr Humfrey Malins
Angela Watkinson
18
Clause 3, page 3, line 20, after '(fa)' insert 'United Kingdom'.
Beverley Hughes
71
Clause 3, page 3, line 21, leave out '(6)' and insert '(8)'.
Beverley Hughes
72
Clause 3, page 3, line 22, leave out '(7)' and insert '(9)'.
Beverley Hughes
73
Clause 3, page 3, line 23, at end insert 'satisfies subsection (10) or (11).
(10) A card, adhesive label or other instrument satisfies this subsection if it—'.
Beverley Hughes
74
Clause 3, page 3, line 30, at end insert—
'(11) A card, adhesive label or other instrument satisfies this subsection if it is given to a person to confirm a right of his under the Community Treaties in respect of entry to or residence in the United Kingdom.".'.
Mr Humfrey Malins
Angela Watkinson
19
Clause 4, page 3, line 32, after 'facilitates', insert ', or conspires to arrange or facilitate,'.
Mr Neil Gerrard
1
Clause 4, page 4, line 13, after 'is', insert 'the victim of an abuse of power or in a position of vulnerability or he is'.
Mr Humfrey Malins
Angela Watkinson
20
Clause 4, page 4, line 16, at end insert 'or
| (d) | the purpose of the travel to the United Kingdom is either to facilitate any form of assault on him or to oblige him to enter any form of illegal adoption.'. |
Mr Humfrey Malins
Angela Watkinson
21
Clause 4, page 4, line 19, leave out '14' and insert 'ten'.
Mr Humfrey Malins
Angela Watkinson
22
Clause 5, page 4, line 35, leave out 'and'.
Mr Humfrey Malins
Angela Watkinson
23
Clause 5, page 4, line 36, at end insert ', and
(g) any other person entitled to reside in the United Kingdom.'.
Mr Humfrey Malins
Angela Watkinson
24
Clause 6, page 5, line 23, leave out 'shall' and insert 'may'.
Mr Humfrey Malins
Angela Watkinson
34
Clause 6, page 5, line 24, after 'of', insert 'all the circumstances of the case, including'.
Mr Humfrey Malins
Angela Watkinson
26
Clause 6, page 5, line 24, after 'any', insert 'words or'.
Mr Humfrey Malins
Angela Watkinson
27
Clause 6, page 5, line 25, leave out 'thinks' and insert 'reasonably believes'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
28
Clause 6, page 5, line 26, leave out 'or likely'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
29
Clause 6, page 5, line 27, leave out 'or likely'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
30
Clause 6, page 5, line 28, leave out 'or likely'.
Mr Mark Oaten
Mr David Heath
84
Clause 6, page 5, line 29, leave out from 'claimant' to end of line 30.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
25
Clause 6, page 5, line 32, leave out 'shall' and insert 'may'.
Mr Humfrey Malins
Angela Watkinson
31
Clause 6, page 5, line 40, leave out from 'travel' to end of line 42.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
32
Clause 6, page 5, line 43, leave out subsection (3).
Beverley Hughes
98
Clause 6, page 6, line 2, at end insert—
'( ) Without prejudice to the generality of subsection (1) the fact that a person did not make an asylum claim or human rights claim before being notified of an immigration decision shall be treated as behaviour that damages his credibility, unless the claim relies wholly on matters arising after the notification.
( ) Without prejudice to the generality of subsection (1) the fact that a person did not make an asylum claim or human rights claim before being arrested under an immigration provision shall be treated as behaviour that damages his credibility, unless—
| (a) | the person had no reasonable opportunity to make the claim before the arrest, or |
| (b) | the claim relies wholly on matters arising after the arrest.'. |
