Amendments proposed to the Asylum and Immigration (treatment of Claimants, Etc.) Bill - continued House of Commons

back to previous text
   

Beverley Hughes

114

Schedule     2,     page     30,     line     26,     leave out from 'completed,' to end of line 29.

   

Beverley Hughes

115

Schedule     2,     page     30,     leave out line 31 and insert—

            "(b)   in subsection (4) for "as part of the determination of the appeal for the purposes of section 101" substitute "as part of the Tribunal's decision on the appeal for the purposes of section 105A".

   

Beverley Hughes

116

Schedule     2,     page     30,     line     37,     leave out from 'completed,' to end of line 40.

   

Mr Humfrey Malins
Angela Watkinson

83

Schedule     2,     page     31,     line     36,     leave out 'other members and'.


   

Mr Mark Oaten
Mr David Heath

92

Clause     11,     page     13,     line     17,     leave out 'or other'.

   

Mr Mark Oaten
Mr David Heath

93

Clause     11,     page     13,     line     17,     at end insert 'or'.

   

Mr Mark Oaten
Mr David Heath

94

Clause     11,     page     13,     line     18,     leave out from 'opinion' to end of line 20.


   

Mr Mark Oaten
Mr David Heath

95

Clause     16,     page     18,     line     14,     leave out from 'dwelling' to end of line 21 and insert—

    '(7A)   Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege.'.

   

Mr Mark Oaten
Mr David Heath

96

Clause     16,     page     18,     line     23,     leave out 'or a justice of the peace'.


   

Mr Humfrey Malins
Angela Watkinson

76

Clause     20,     page     20,     line     43,     at end add—

    '(6)   No fee shall be prescribed under the provisions of this section in respect of any application or process in respect of a student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or a dependent of such a person.'.

   

Mr Humfrey Malins
Angela Watkinson

77

Clause     20,     page     20,     line     43,     at end add—

    '(6)   Instruments prescribing fees under the provisions of this section shall ensure that no student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or dependent of such a person shall have to pay more than once in any period of ten years a fee that exceeds the administrative cost of determining the application or undertaking the process.'.

   

Mr Humfrey Malins
Angela Watkinson

78

Clause     20,     page     20,     line     43,     at end add—

    '(6)   No fees shall be prescribed using the powers conferred in this section unless the Secretary of State has first given at least three months' notice of his intentions and consulted with bodies and individuals appearing to him to represent the interests of those affected.'.


NEW CLAUSES

Duty of carrier in relation to travel documents

   

Mr Humfrey Malins
Angela Watkinson

NC1

To move the following Clause:—

    '(1)   A carrier of a person from outside the United Kingdom to a United Kingdom airport commits an offence if it fails to present the person's travel documents, or a copy of those documents, to an immigration officer in the United Kingdom on request.

    (2)   A carrier guilty of an offence under this section shall be liable to a fine not exceeding the statutory maximum for any one offence.

    (3)   A carrier shall be entitled to be reimbursed by the Secretary of State all reasonable costs incurred by it in relation to this section.'.


Charges

   

Mr Humfrey Malins
Angela Watkinson

NC2

To move the following Clause:—

       'At the end of section 5 of the Immigration and Asylum Act 1999 (c.33)(charges) add—

    "(8)   Regulations made under this section may confer discretion on the Secretary of State or another person to waive or to refund all or part of any fee in cases when, in the opinion of the Secretary of State or any person designated under the regulations, mistakes have been made, insufficient leave has been given, delays have occurred, passports have been lost or misdirected, or payments have been mishandled.".'.


Impounding of craft

   

Mr Andrew Turner

NC3

To move the following Clause:—

    '(1)   An immigration officer may impound a craft used to transport a person to the United Kingdom if it appears to him that that craft may be used or may have been used for an offence under section 2.

    (2)   The craft shall be released to its provider if—

      (a) it appears to the immigration officer that no offence has been committed, or

      (b) the provider of the craft notifies the officer of the craft's next destination, being outside the United Kingdom, and agrees to remove the person whom the immigration officer suspects of committing the offence with the craft to that destination.

    (3)   In this section—

       "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) of section 2;

       "provider" means the person having charge of the craft.'.


Failure to report to immigration officer upon arrival in United Kingdom

   

Mr Andrew Turner

NC4

To move the following Clause:—

    '(1)   A person commits an offence if he fails to report to an immigration officer upon arrival in the United Kingdom.

    (2)   It is a defence for a person charged with an offence under subsection (1) to prove that he arrived at a non-canalized port but contacted an immigration officer and—

      (a) left an address at which the person could be contacted during the ensuing seven days; and

      (b) left the name of a person with the right of abode in the United Kingdom who would take responsibility for any cost falling to be met by public funds of his stay in the United Kingdom.

    (3)   In this section "non-canalized port" means an airport, harbour or other landfall (whether reached by land, sea or air) at a time when no immigration officer is on duty.'.


Provision of passenger information

   

Mr Mark Oaten
Mr David Heath

NC5

To move the following Clause—

    '   In paragraph 27(2) of Schedule 2 to the Immigration Act 1971, after sub-sub-paragraph (a), insert—

    "(aa)   a photocopy or electronic copy of each passenger's passport or travel document;".'.


ORDER OF THE HOUSE [17TH DECEMBER 2003]

That the following provisions shall apply to the Asylum and Immigration (Treatment of Claimants etc.) Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 27th January 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

Programming Committee

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Programming of proceedings

    7.   All proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [8th JANUARY 2004]

That—     (1)   during proceedings on the Asylum and Immigration (Treatment of Claimants, etc.) Bill the Standing Committee shall meet when the House is sitting on Tuesdays and Thursdays at 9.10 a.m. and 2.30 p.m.;

    (2)   12 sittings shall be allotted to the consideration of the Bill by the Committee;

    (3)   the proceedings shall be taken in the order shown in the Table below and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column of the Table.

TABLE

Proceedings

Time for conclusion of proceedings
Clauses 1 to 6.
11.25 a.m. on Tuesday 13th January.
Clauses 7 to 10; Schedules 1 and 2; Clauses 11 and 12; Schedule 3; Clauses 13 and 14.
6.55 p.m. on Tuesday 20th January.
Clauses 15 to 25; Schedule 4; Clauses 26 to 28; remaining proceedings on the Bill.
6.55 p.m. on Tuesday 27th January.


 
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Prepared 13 Jan 2004