NOTICES OF AMENDMENTS
given up to and including
Thursday 26th February 2004
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) BILL,
AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Asylum and Immigration (Treatment of Claimants, etc.) Bill (Programme) (No. 2) to be proposed by Mr Secretary Blunkett.
Mr Secretary Blunkett
48
Page 2, line 4 [Clause 2], leave out from 'if' to 'he' in line 5 and insert 'at a leave or asylum interview'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
3
Page 2, line 5 [Clause 2], leave out 'in the United Kingdom' and insert 'at a United Kingdom port or airport'.
Mr Humfrey Malins
Angela Watkinson
1
Page 2, line 5 [Clause 2], leave out from 'him' to end of line 7 and insert 'a document which'.
Mr Secretary Blunkett
49
Page 2 [Clause 2], leave out from beginning of line 9 to second 'an' in line 11 and insert—
'(2) A person commits an offence if at a leave or asylum interview he does not have with him, in respect of any dependent child with whom he claims to be travelling or living,'.
Mr Humfrey Malins
Angela Watkinson
2
Page 2, line 11 [Clause 2], leave out from 'him' to end of line 12 and insert 'a document which'.
Mr Secretary Blunkett
50
Page 2, line 14 [Clause 2], at end insert—
'(2A) But a person does not commit an offence under subsection (1) or (2) if—
| (a) | the interview referred to in that subsection takes place after the person has entered the United Kingdom, and |
| (b) | within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Secretary of State a document of the kind referred to in that subsection.'. |
Mr Secretary Blunkett
51
Page 2, line 30 [Clause 2], at end insert—
'( ) Where the charge for an offence under subsection (1) or (2) relates to an interview which takes place after the defendant has entered the United Kingdom—
| (a) | subsections (3)(c) and (4)(c) shall not apply, but |
| (b) | it is a defence for the defendant to prove that he has a reasonable excuse for not providing a document in accordance with subsection (2A).'. |
Mr Mark Oaten
Mr David Heath
99
*Page 2, line 30 [Clause 2], at end insert—
'(4A) Where a person is charged with an offence under subsections (1) and (2) above, and relies on a defence under subsections (3) and (4) above, 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.'.
Mr Secretary Blunkett
52
Page 2, line 33 [Clause 2], after first 'it', insert 'or for not providing it in accordance with subsection (2A)'.
Mr Secretary Blunkett
34
Page 2, line 44 [Clause 2], at end insert ', unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.'.
Mr Secretary Blunkett
53
Page 2, line 46 [Clause 2], after 'officer', insert 'or official of the Secretary of State'.
Mr Secretary Blunkett
24
Page 3, line 4 [Clause 2], leave out 'six' and insert 'twelve'.
Mr Mark Oaten
Mr David Heath
101
*Page 3, line 11 [Clause 2], leave out second 'and'.
Mr Mark Oaten
Mr David Heath
100
*Page 3, line 14 [Clause 2], at end insert 'and
| '(c) | an offence to which section 31 of the Immigration and Asylum Act 1999 (c. 33) applies.'. |
Mr Secretary Blunkett
25
Page 3, line 23 [Clause 2], at end insert—
'( ) In so far as this section extends to England and Wales, subsection (7)(b) shall, until the commencement of section 154 of the Criminal Justice Act 2003 (c. 44) (increased limit on magistrates' power of imprisonment), have effect as if the reference to twelve months were a reference to six months.
( ) In so far as this section extends to Scotland, subsection (7)(b) shall have effect as if the reference to twelve months were a reference to six months.
( ) In so far as this section extends to Northern Ireland, subsection (7)(b) shall have effect as if the reference to twelve months were a reference to six months.'.
Mr Secretary Blunkett
54
Page 3, line 23 [Clause 2], at end insert—
', and
"leave or asylum interview" means an interview with an immigration officer or an official of the Secretary of State at which a person—
| (a) | seeks leave to enter or remain in the United Kingdom, or |
| (b) | claims that to remove him from or require him to leave the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 (c.42) as being incompatible with his Convention rights.'. |
Mr Secretary Blunkett
55
Page 3, line 23 [Clause 2], at end insert—
'( ) Section 11 of the Immigration Act 1971 (c.77) shall have effect for the purpose of the construction of a reference in this section to entering the United Kingdom.'.
Mr Mark Oaten
Mr David Heath
102
*Page 3, line 23 [Clause 2], at end insert—
'(11) The Secretary of State shall, before commencement of this section, and thereafter from time to time as he may decide necessary, publish detailed guidance on the interpretation and implementation of section 2 of this Act.
(12) Guidance issued under subsection (11) shall not be made unless a draft has been laid before Parliament and approved by resolution of each House of Parliament.'.
Mr Humfrey Malins
Angela Watkinson
4
Page 5, line 36 [Clause 6], leave out 'shall' and insert 'may'.
Mr Secretary Blunkett
58
Page 5, line 37 [Clause 6], leave out 'of any behaviour by the claimant' and insert ', as damaging the claimant's credibility, of any behaviour to which this section applies.
Mr Humfrey Malins
Angela Watkinson
5
Page 5, line 37 [Clause 6], after 'of', insert 'all the circumstances of the case, including'.
Mr Humfrey Malins
Angela Watkinson
6
Page 5, line 37 [Clause 6], after 'any', insert 'words or'.
(1A) This section applies to any behaviour by the claimant'.
Mr Humfrey Malins
Angela Watkinson
7
Page 5, line 38 [Clause 6], leave out 'thinks' and insert 'reasonably believes'.
Mr Humfrey Malins
Angela Watkinson
8
Page 5, line 39 [Clause 6], leave out 'or likely'.
Mr Humfrey Malins
Angela Watkinson
9
Page 5, line 40 [Clause 6], leave out 'or likely'.
Mr Secretary Blunkett
59
Page 5, line 40 [Clause 6], at end insert 'or'.
Mr Humfrey Malins
Angela Watkinson
10
Page 5, line 41 [Clause 6], leave out 'or likely'.
Mr Secretary Blunkett
60
Page 5, line 42 [Clause 6], leave out from 'claimant,' to end of line 43.
Mr Humfrey Malins
Angela Watkinson
11
Page 6, line 2 [Clause 6], leave out 'shall' and insert 'may'.
Mr Humfrey Malins
Angela Watkinson
15
Page 6, line 4 [Clause 6], after 'passport', insert 'or other document which satisfactorily establishes his identity and nationality or citizenship'.
Mr Humfrey Malins
Angela Watkinson
12
Page 6, line 8 [Clause 6], at end insert 'and'.
Mr Humfrey Malins
Angela Watkinson
13
Page 6, line 10 [Clause 6], leave out from 'travel' to end of line 12.
Mr Secretary Blunkett
61
Page 6 [Clause 6], leave out from beginning of line 13 to first 'to' in line 14 and insert—
'(3) This section also applies to failure by the claimant'.
Mr Humfrey Malins
Angela Watkinson
14
Page 6, line 13 [Clause 6], leave out subsection (3).
