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'(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,'.
No. 50, in page 2, line 14, 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.'.
No. 51, in page 2, line 30, 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).'.
No. 52, in page 2, line 33, after first 'it', insert
'or for not providing it in accordance with subsection (2A)'.
No. 34, in page 2, line 44, at end insert
', unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.'.
No. 53, in page 2, line 46 , after 'officer', insert
'or official of the Secretary of State'.
No. 24, in page 3, line 4, leave out 'six' and insert 'twelve'.
No. 54, in page 3, line 23, 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.'.
No. 25, in page 3, line 23, 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.'.
No. 55, in page 3, line 23, 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.'.—[Beverley Hughes.]
Clause 6
Amendments made: No. 58, in page 5, line 37, leave out
'of any behaviour by the claimant'
and insert
', as damaging the claimant's credibility, of any behaviour to which this section applies.
No. 59, in page 5, line 40, at end insert 'or'.
No. 60, in page 5, line 42, leave out from 'claimant,' to end of line 43.
No. 61, in page 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'.
No. 62, in page 6, line 15, leave out from 'country' to end of line 16.
No. 63, in page 6, leave out from beginning of line 17 to 'make' in line 18 and insert—
'(4) This section also applies to failure by the claimant to'.
No. 64, in page 6, line 19, leave out from 'decision' to 'unless' in line 20.
No. 65, in page 6, leave out from beginning of line 22 to 'make' in line 23 and insert—
'(5) This section also applies to failure by the claimant to'.
No. 66, in page 6, line 24, leave out from 'provision' to 'unless' in line 25.
No. 67, in page 6, line 26, leave out 'the person' and insert 'he'.
No. 68, in page 7, line 4, leave out 'and'.
No. 69, in page 7, line 6, at end insert—
', and
(g) a decision to take action in relation to a person in connection with extradition from the United Kingdom,'.
No. 70, in page 7, line 10, leave out 'and'.
No. 71, in page 7, line 11, at end insert—
', and
(d) a provision of the Extradition Act 1989 (c. 33) or 2003 (c. 41),'.
No. 72, in page 7, leave out line 21.
No. 73, in page 7, line 45, at end insert—
'( ) This section shall not prevent a deciding authority from determining not to believe a statement on the grounds of behaviour to which this section does not apply.'.—[Beverley Hughes.]
Clause 15
Amendments made: No. 28, in page 16, line 19, leave out 'six' and insert 'twelve'.
No. 37, in page 16, line 42, leave out subsection (8) and insert—
'(8) While sections 11 and 12 of the Immigration and Asylum Act 1999 (c. 33) continue to have effect, the reference in subsection (7)(c) above to Schedule 3 to this Act shall be treated as including a reference to those sections.'.
No. 29, in page 16, line 45, at end insert—
'( ) In so far as subsection (3) extends to England and Wales, subsection (4)(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 subsection (3) extends to Scotland, subsection (4)(b) shall have effect as if the reference to twelve months were a reference to six months.
( ) In so far as subsection (3) extends to Northern Ireland, subsection (4)(b) shall have effect as if the reference to twelve months were a reference to six months.'.—[Beverley Hughes.]
Clause 4
Amendments made: No. 56, in page 4, line 26, leave out 'or'.
No. 57, in page 4, line 30, at end insert—
', or
(d) he is requested or induced to undertake any activity, having been chosen as the subject of the request or inducement on the grounds that—
(i) he is mentally or physically ill or disabled, he is young or he has a family relationship with a person, and
(ii) a person without the illness, disability, youth or family relationship would be likely to refuse the request or resist the inducement.'.
No. 26, in page 4, line 34, leave out 'six' and insert 'twelve'.—[Beverley Hughes.]
Clause 5
Amendments made: No. 35, in page 5, line 22, at end insert—
'( ) At the end of paragraph 4 of Schedule 4 to the Proceeds of Crime Act 2002 (lifestyle offences: Scotland: people trafficking) add "or under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation)".'.
No. 27, in page 5, line 32, at end insert—
'( ) In so far as section 4 extends to England and Wales, subsection (5)(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 section 4 extends to Northern Ireland, subsection (5)(b) shall have effect as if the reference to twelve months were a reference to six months.'.
No. 36, in page 5, line 32, at end insert—
'( ) In so far as section 4 extends to Scotland, subsection (5)(b) shall have effect as if the reference to twelve months were a reference to six months.'.—[Beverley Hughes.]
Mr. Malins: On a point of order, Mr. Deputy Speaker. I should like to seek your guidance, as throughout Committee we were completely unable to debate clause 6, which is of vital importance. You will have noticed that today the Government have tabled 16 amendments to the clause, but we still have not had a chance to debate it. Is there anything that you can do to ensure that that vital clause, which the Government are amending with 16 amendments, is debated today?
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