S.C.E.
Amendment Paper as at
Tuesday 25th October 2005
STANDING COMMITTEE E
IMMIGRATION, ASYLUM AND NATIONALITY BILL
NOTE
The Amemendments have been arranged in accordance with the Order of the Committee [18th October 2005].
Mr John Leech
Dr Evan Harris
113
Clause 23, page 10, line 33, leave out lines 33 to 41 and insert—
| '(b) | if on examination of any document so produced or found the immigration officer is of the opinion that it may be needed in connection with proceedings on or for an offence.'. |
Mr John Leech
Dr Evan Harris
114
Page 11, line 11, leave out Clause 24.
Mr John Leech
Dr Evan Harris
115
Clause 26, page 12, line 26, at end insert—
'( ) The Secretary of State may make an order under this paragraph only if satisfied that the nature of the information sought is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).'.
Mr John Leech
Dr Evan Harris
116
Clause 27, page 13, line 30, leave out 'generally or'.
Mr John Leech
Dr Evan Harris
117
Clause 27, page 13, line 38, leave out 'there are likely to be circumstances in which'.
Mr Tony McNulty
108
Clause 28, page 14, line 4, leave out 'and aircraft' and insert ', aircraft and vehicles'.
Mr Tony McNulty
109
Clause 28, page 14, line 7, leave out 'the owner or agent of a ship or aircraft' and insert 'a person specified in subsection (2A)'.
Mr Tony McNulty
110
Clause 28, page 14, line 9, at end insert—
'(2A) The persons referred to in subsection (2) are—
| (a) | in the case of a ship or aircraft, the owner or agent, |
| (b) | in the case of a vehicle, the owner or hirer, and |
| (c) | in any case, persons responsible for the import or export of the freight into or from the United Kingdom.'. |
Mr Tony McNulty
111
Clause 28, page 14, line 26, leave out 'or aircraft,' and insert ', aircraft or vehicles,'.
Mr John Leech
Dr Evan Harris
118
Page 14, line 3, leave out Clause 28.
Mr Tony McNulty
63
Clause 29, page 15, line 6, at end insert 'in England and Wales or 6 months in Scotland or Northern Ireland'.
Mr Tony McNulty
64
Clause 29, page 15, line 9, leave out subsection (3).
Mr Tony McNulty
30
Clause 31, page 15, line 39, after 'State', insert 'and the Treasury jointly'.
Mr John Leech
Dr Evan Harris
119
Clause 31, page 15, line 43, leave out from 'voyages' to end of line 2 on page 16.
Mr Tony McNulty
31
Clause 31, page 16, line 2, leave out 'may' and insert 'and the Treasury may jointly'.
Mr Tony McNulty
32
Clause 31, page 16, line 3, after 'State', insert 'and the Treasury'.
Mr Tony McNulty
33
Clause 31, page 16, line 17, at end insert—
'(6A) An order under subsection (4) may not specify—
| (a) | a power of Her Majesty's Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c.11) (former Inland Revenue matters) applies, or |
| (b) | a matter to which that section applies.'. |
Mr John Leech
Dr Evan Harris
131
Clause 31, page 16, line 17, at end insert—
'( ) The Secretary of State may make an order under subsection (4) only if satisfied that the nature of the information sought is such that there are likely to be circumstances in which it can be required under subsection (2) without breaching Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).'.
Mr Tony McNulty
35
Clause 32, page 16, leave out lines 40 to 43 and insert—
'(1) A person specified in subsection (2) may disclose information obtained or held in the course of his functions to a person specified in subsection (2A) if he thinks that the information is likely to be of use for a purpose specified in—'.
Mr Tony McNulty
36
Clause 32, page 16, line 44, leave out 'a function specified in'.
Mr Tony McNulty
37
Clause 32, page 16, line 45, leave out 'a function specified in'.
Mr Tony McNulty
38
Clause 32, page 17, leave out line 1 and insert—
'(2) The persons who may disclose information in accordance with subsection (1) are—'.
Mr Tony McNulty
39
Clause 32, page 17, line 4, at end insert 'and'.
Mr Tony McNulty
40
Clause 32, page 17, line 6, leave out paragraphs (d), (e) and (f).
Mr Tony McNulty
41
Clause 32, page 17, line 8, at end insert—
'(2A) The persons to whom information may be disclosed in accordance with subsection (1) are—
| (a) | the Director-General of the Security Service, |
| (b) | the Chief of the Secret Intelligence Service, and |
| (c) | the Director of the Government Communications Headquarters.'. |
Mr Tony McNulty
42
Clause 32, page 17, line 11, after 'State', insert 'and the Treasury jointly'.
Mr Tony McNulty
43
Clause 32, page 17, line 16, leave out paragraph (b).
Mr Tony McNulty
44
Clause 32, page 17, line 22, leave out 'may' and insert 'and the Treasury may jointly'.
Mr Tony McNulty
45
Clause 32, page 17, line 23, leave out subsection (4).
Mr Tony McNulty
46
Clause 32, page 17, line 34, at end insert—
'(5A) An order under subsection (3) may not specify—
| (a) | a power of Her Majesty's Revenue and Customs if or in so far as it relates to a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 (c.11) (former Inland Revenue matters) applies, or |
| (b) | a matter to which that section applies.'. |
Mr Tony McNulty
34
Page 16, line 39, transfer Clause 32 to after Clause 33.
Mr Tony McNulty
47
Clause 33, page 17, line 42, leave out 'shall' and insert 'and the Treasury shall jointly'.
Mr Tony McNulty
48
Clause 33, page 17, line 43, leave out 'or 32(1)'.
Mr Tony McNulty
49
Clause 33, page 17, line 46, leave out 'or 32(4)'.
Dr Evan Harris
Mr John Leech
100
Clause 33, page 18, line 1, leave out subsection (2) and insert—
'(2) Before issuing a code the Secretary of State shall—
| (a) | consult the Information Commissioner |
| (b) | after that consultation, publish a draft code |
| (c) | consider any representations made about the published draft, and lay a draft code before Parliament.'. |
Mr Tony McNulty
50
Clause 33, page 18, line 4, after 'State', insert 'and the Treasury jointly'.
Mr Tony McNulty
51
Clause 33, page 18, line 5, after 'State', insert 'and the Treasury'.
Mr Tony McNulty
52
Clause 33, page 18, line 5, after 'shall', insert 'jointly'.
Dr Evan Harris
Mr John Leech
101
Clause 33, page 18, leave out line 7 and insert—
'(4) The code shall come into force in accordance with provision made by order of the Secretary of State; and an order -'.
Mr John Leech
Dr Evan Harris
130
Clause 34, page 18, line 18, leave out subsection (2).
