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New Clause 2
Provision of immigration services
'(1) For section 84(2) and (3) of the Immigration and Asylum Act 1999 (c. 33) (person qualified to provide immigration services) substitute—
"(2) A person is a qualified person if he is—
(a) a registered person,
(b) authorised by a designated professional body to practise as a member of the profession whose members the body regulates,
(c) the equivalent in an EEA State of—
(i) a registered person, or
(ii) a person within paragraph (b),
(d) a person permitted, by virtue of exemption from a prohibition, to provide in an EEA State advice or services equivalent to immigration advice or services, or
(e) acting on behalf of, and under the supervision of, a person within any of paragraphs (a) to (d) (whether or not under a contract of employment).
(3) Subsection (2)(a) and (e) are subject to any limitation on the effect of a person's registration imposed under paragraph 2(2) of Schedule 6."
(2) In section 85(1) of that Act (registration by the Commissioner) omit "and (b)".
(3) In section 89 of that Act (disciplinary charge upheld by Immigration Services Tribunal)—
(a) for subsections (2) and (3) substitute—
"(2) If the person charged is a registered person or acts on behalf of a registered person, the Tribunal may—
(a) direct the Commissioner to record the charge and the Tribunal's decision for consideration in connection with the registered person's next application for continued registration;
(b) direct the registered person to apply for continued registration as soon as is reasonably practicable.", and
(c) in subsection (8) for "employed by him or working" substitute "acting on his behalf or".
(4) In section 90(4) of that Act (orders by disciplinary bodies) for "works under the supervision of" substitute "is acting on behalf of".
(5) In Schedule 5 to that Act (Immigration Services Commissioner)—
(a) for paragraph 1(1)(b) substitute—
"(b) those acting on behalf of registered persons,",
(b) for paragraph 1(3)(b) substitute—
"(b) any person acting on behalf of that person.",
(c) for paragraph 3(3)(b) substitute—
"(b) a person who is acting on behalf of a person who is within paragraph (a);",
(d) for paragraph 4(1)(b) substitute—
"(b) persons acting on behalf of persons who are within paragraph (a).",
(e) in paragraph 5(3)(b) for "employed by, or working under the supervision of," substitute "acting on behalf of",
(f) for paragraph 5(3)(e) substitute—
"(e) an alleged breach of a rule of a relevant regulatory body,",
(g) for paragraph 6(3)(c) substitute—
"(c) in any other case, refer the matter to any relevant regulatory body.",
1 Mar 2004 : Column 717
(h) in paragraphs 9(1)(a) and (b) for "or a person employed by, or working under the supervision of," substitute "or is acting on behalf of",
(i) for paragraph 9(1)(c) substitute—
"(c) refer the complaint and his decision on it to a relevant regulatory body;",
(j) for paragraphs 9(3)(a) and (b) substitute—
"(a) imposing restrictions on the provision of immigration advice or immigration services by the relevant person or by a person acting on his behalf or under his supervision;
(b) prohibiting the provision of immigration advice or immigration services by the relevant person or a person acting on his behalf or under his supervision.",and
(k) for paragraphs 9(4)(b) to (d) substitute—
"(b) a person acting on behalf of a registered person;".
(6) In Schedule 6 to that Act (registration)—
(a) in paragraph 1(1) omit "or (b)", and
(b) in paragraph 3(7)(a) for "section 89(3)(b)" substitute "section 89(2)(b)".'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Offences: advice of director of public prosecutions
'In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of Director of Public Prosecutions) after paragraph (eb) insert—
"(ec) to give, to such extent as he considers appropriate, advice to immigration officers on matters relating to criminal offences;".'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 4
Enforcement powers: retention of documents
'Where a document comes into the possession of the Secretary of State or an immigration officer in the course of the exercise of an immigration function, the Secretary of State or an immigration officer may retain the document while he suspects that—
(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
(b) retention of the document may facilitate the removal.'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 5
Seamen and aircrews: right of appeal
'In section 82(2) of the Nationality, Immigration and Asylum Act 2002 (c. 41) after paragraph (i) insert—
"(ia) a decision that a person is to be removed from the United Kingdom by way of directions under paragraph 12(2) of Schedule 2 to the Immigration Act 1971 (c.77) (seamen and aircrews),".'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 6
Control of entry
'After paragraph 2A(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry: persons arriving with leave to enter) insert—
"(2A) Where the person's leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person's purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance."'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
New Clause 7
Appeal from within United Kingdom
'For section 92(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal from within United Kingdom: person with entry clearance or work permit) substitute—
"(3) This section also applies to an appeal against refusal of leave to enter the United Kingdom if—
(a) at the time of the refusal the appellant is in the United Kingdom, and
(b) on his arrival in the United Kingdom the appellant had entry clearance.
(3A) But this section does not apply by virtue of subsection (3) if subsection (3B) or (3C) applies to the refusal of leave to enter.
(3B) This subsection applies to a refusal of leave to enter which is a deemed refusal under paragraph 2A(9) of Schedule 2 to the Immigration Act 1971 resulting from cancellation of leave to enter by an immigration officer—
(a) under paragraph 2A(8) of that Schedule, and
(b) on the grounds specified in paragraph 2A(2A) of that Schedule.
(3C) This subsection applies to a refusal of leave to enter which specifies that the grounds for refusal are that the leave is sought for a purpose other than that specified in the entry clearance.
(3D) This section also applies to an appeal against refusal of leave to enter the United Kingdom if at the time of the refusal the appellant—
(a) is in the United Kingdom,
(b) has a work permit, and
(c) is any of the following (within the meaning of the British Nationality Act 1981 (c. 61))—
(i) a British overseas territories citizen,
(ii) a British Overseas citizen,
(iii) a British National (Overseas),
(iv) a British protected person, or
(v) a British subject."'.—[Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.
Peter Bottomley (Worthing, West) (Con): On a point of order, Mr. Speaker. How long do we have for Third Reading of this important and controversial Bill?
Mr. Speaker: The hon. Gentleman knows the answer to that as well as I do.
9.55 pm
The Secretary of State for the Home Department (Mr. David Blunkett): I beg to move, That the Bill be now read the Third time.
I thank my ministerial colleagues from the Home Office and the Department for Constitutional Affairs, the Whips, all members of the Standing Committee and all hon. Members who participated today. The Bill has been properly and adequately considered. Once we got over using silly words, such as "despicable", about clause 7, we had a sensible debate.
I am pleased that we have amended the Bill to include trafficking offences to deal with forced labour, and tackled important subjects such as child slavery. I thank my hon. Friend the Member for Walthamstow (Mr. Gerrard), who does not always agree with me, for his work in Committee in drawing attention to that. I am glad that we could make important changes.
Clause 11 has caused controversy and will cause it in another place. It is a classic example, which shows that had people been more modest in their operation of the law and their approach to their job, they would not have cooked the goose that laid the golden egg. I am talking about lawyers who simply abused the judicial review system by dragging out cases for months and, in some instances, years. That is what happens when those who preach liberalism lead us down the wrong path so that those who try to protect human rights and individual interests find that the system has been so abused that we have to remove the golden thread. The legal aid budget has doubled to £174 million. That is public money that has not gone towards asylum seekers or people in the community but into lawyers' pockets. That is a disgrace that is coming to an end.
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