sc132510.35-41

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.E.
35

House of Commons

Tuesday 25th October 2005

Standing Committee Proceedings

Standing Committee E

Immigration, Asylum and Nationality Bill

[Fifth and Sixth Sittings]

Mr John Leech

Dr Evan Harris

Withdrawn  113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.’.

Clause Agreed to.

Mr John Leech

Dr Evan Harris

Not selected  114

Page  11,  line  11,  leave out Clause 24.

Clause Agreed to on division.

Clause 25 Agreed to.

S.C.E.Standing Committee Proceedings: 25th October 2005
36

Immigration, Asylum and Nationality Bill, continued

Mr John Leech

Dr Evan Harris

Withdrawn  115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)).’.

Clause Agreed to.

Mr John Leech

Dr Evan Harris

Withdrawn  116

Clause  27,  page  13,  line  30,  leave out ‘generally or’.

Mr John Leech

Dr Evan Harris

Not called  117

Clause  27,  page  13,  line  38,  leave out ‘there are likely to be circumstances in

which’.

Clause Agreed to.

Clause 25 Agreed to.

Mr Tony McNulty

Agreed to  108

Clause  28,  page  14,  line  4,  leave out ‘and aircraft’ and insert ‘, aircraft and

vehicles’.

Mr Tony McNulty

Agreed to  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

Agreed to  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.’.

S.C.E.Standing Committee Proceedings: 25th October 2005
37

Immigration, Asylum and Nationality Bill, continued

Mr Tony McNulty

Agreed to  111

Clause  28,  page  14,  line  26,  leave out ‘or aircraft,’ and insert ‘, aircraft or

vehicles,’.

Mr John Leech

Dr Evan Harris

Not selected  118

Page  14,  line  3,  leave out Clause 28.

Clause, as amended, Agreed to.

Mr Tony McNulty

Agreed to  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

Agreed to  64

Clause  29,  page  15,  line  9,  leave out subsection (3).

Clause, as amended, Agreed to.

Clause 30 Agreed to.

Mr Tony McNulty

Agreed to  30

Clause  31,  page  15,  line  39,  after ‘State’, insert ‘and the Treasury jointly’.

Mr John Leech

Dr Evan Harris

Withdrawn  119

Clause  31,  page  15,  line  43,  leave out from ‘voyages’ to end of line 2 on page 16.

Mr Tony McNulty

Agreed to  31

Clause  31,  page  16,  line  2,  leave out ‘may’ and insert ‘and the Treasury may

jointly’.

Mr Tony McNulty

Agreed to  32

Clause  31,  page  16,  line  3,  after ‘State’, insert ‘and the Treasury’.

Mr Tony McNulty

Agreed to  33

Clause  31,  page  16,  line  17,  at end insert—

‘(6A)
An order under subsection (4) may not specify—

S.C.E.Standing Committee Proceedings: 25th October 2005
38

Immigration, Asylum and Nationality Bill, continued

(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

Not called  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)).’.

Clause, as amended, Agreed to.

Mr Tony McNulty

Agreed to  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

Agreed to  36

Clause  32,  page  16,  line  44,  leave out ‘a function specified in’.

Mr Tony McNulty

Agreed to  37

Clause  32,  page  16,  line  45,  leave out ‘a function specified in’.

Mr Tony McNulty

Agreed to  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

Agreed to  39

Clause  32,  page  17,  line  4,  at end insert ‘and’.

Mr Tony McNulty

Agreed to  40

Clause  32,  page  17,  line  6,  leave out paragraphs (d), (e) and (f).

Mr Tony McNulty

Agreed to  41

Clause  32,  page  17,  line  8,  at end insert—

S.C.E.Standing Committee Proceedings: 25th October 2005
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Immigration, Asylum and Nationality Bill, continued

‘(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

Agreed to  42

Clause  32,  page  17,  line  11,  after ‘State’, insert ‘and the Treasury jointly’.

Mr Tony McNulty

Agreed to  43

Clause  32,  page  17,  line  16,  leave out paragraph (b).

Mr Tony McNulty

Agreed to  44

Clause  32,  page  17,  line  22,  leave out ‘may’ and insert ‘and the Treasury may

jointly’.

Mr Tony McNulty

Agreed to  45

Clause  32,  page  17,  line  23,  leave out subsection (4).

Mr Tony McNulty

Agreed to  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.’.

Clause, as amended, Agreed to.

Mr Tony McNulty

Agreed to  34

Page  16,  line  39,  transfer Clause 32 to after Clause 33.

Mr Tony McNulty

Agreed to  47

Clause  33,  page  17,  line  42,  leave out ‘shall’ and insert ‘and the Treasury shall

jointly’.

Mr Tony McNulty

Agreed to  48

Clause  33,  page  17,  line  43,  leave out ‘or 32(1)’.

S.C.E.Standing Committee Proceedings: 25th October 2005
40

Immigration, Asylum and Nationality Bill, continued

Mr Tony McNulty

Agreed to  49

Clause  33,  page  17,  line  46,  leave out ‘or 32(4)’.

Dr Evan Harris

Mr John Leech

Not called  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

Agreed to  50

Clause  33,  page  18,  line  4,  after ‘State’, insert ‘and the Treasury jointly’.

Mr Tony McNulty

Agreed to  51

Clause  33,  page  18,  line  5,  after ‘State’, insert ‘and the Treasury’.

Mr Tony McNulty

Agreed to  52

Clause  33,  page  18,  line  5,  after ‘shall’, insert ‘jointly’.

Dr Evan Harris

Mr John Leech

Not called  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 -’.

Clause, as amended, Agreed to.

Mr John Leech

Dr Evan Harris

Withdrawn  130

Clause  34,  page  18,  line  18,  leave out subsection (2).

Clause, as amended, Agreed to.

Mr John Leech

Dr Evan Harris

Negatived on division  120

Clause  35,  page  19,  line  1,  leave out subsection (5).

S.C.E.Standing Committee Proceedings: 25th October 2005
41

Immigration, Asylum and Nationality Bill, continued

Mr John Leech

Dr Evan Harris

Not called  121

Clause  35,  page  19,  line  12,  leave out from ‘(1)’ to end of line 15.

Mr John Leech

Dr Evan Harris

Withdrawn  123

Clause  35,  page  19,  line  28,  leave out paragraph (c).

Clause Agreed to.

Mr John Leech

Dr Evan Harris

Withdrawn  124

Clause  36,  page  20,  line  3,  leave out ‘a crown servant’ and insert ‘an independent

person’.

Mr John Leech

Dr Evan Harris

Not called  122

Clause  36,  page  20,  line  19,  leave out subsection (3).

Mr John Leech

Dr Evan Harris

Not called  125

Clause  36,  page  20,  line  27,  leave out subsection (4).

Mr John Leech

Dr Evan Harris

Withdrawn  126

Clause  36,  page  20,  line  36,  at end insert—

‘( )
The Secretary of State shall draw up a Code of Practice setting out the powers and

appropriate practices for persons authorised under section 35. The Code—

(a)
shall be made by statutory instrument,

(b)
may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.’.

Clause Agreed to.

Mr John Leech

Dr Evan Harris

Withdrawn  127

Clause  37,  page  21,  line  23,  at end insert—

‘( )
In section 99(4) (Provision of support by local authorities) after “section”, insert

“4”.’.