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| Tuesday 25th October 2005 |
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| Immigration, Asylum and Nationality Bill
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| [Fifth and Sixth Sittings]
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| Clause 23, page 10, line 33, leave out lines 33 to 41 and insert— |
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| | ‘(b) | if on examination of any document so produced or found the immigration |
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| | officer is of the opinion that it may be needed in connection with |
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| | proceedings on or for an offence.’. |
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| Page 11, line 11, leave out Clause 24. |
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| | Clause Agreed to on division. |
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| Clause 26, page 12, line 26, at end insert— |
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| | ‘( ) | The Secretary of State may make an order under this paragraph only if satisfied |
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| | that the nature of the information sought is such that there are likely to be |
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| | circumstances in which it can be required under subsection (2) without breaching |
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| | Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).’. |
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| Clause 27, page 13, line 30, leave out ‘generally or’. |
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| Clause 27, page 13, line 38, leave out ‘there are likely to be circumstances in |
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| Clause 28, page 14, line 4, leave out ‘and aircraft’ and insert ‘, aircraft and |
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| Clause 28, page 14, line 7, leave out ‘the owner or agent of a ship or aircraft’ and |
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| insert ‘a person specified in subsection (2A)’. |
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| Clause 28, page 14, line 9, at end insert— |
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| | ‘(2A) | The persons referred to in subsection (2) are— |
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| | (a) | in the case of a ship or aircraft, the owner or agent, |
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| | (b) | in the case of a vehicle, the owner or hirer, and |
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| | (c) | in any case, persons responsible for the import or export of the freight |
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| | into or from the United Kingdom.’. |
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| Clause 28, page 14, line 26, leave out ‘or aircraft,’ and insert ‘, aircraft or |
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| Page 14, line 3, leave out Clause 28. |
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| | Clause, as amended, Agreed to. |
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| Clause 29, page 15, line 6, at end insert ‘in England and Wales or 6 months in |
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| Scotland or Northern Ireland’. |
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| Clause 29, page 15, line 9, leave out subsection (3). |
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| | Clause, as amended, Agreed to. |
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| Clause 31, page 15, line 39, after ‘State’, insert ‘and the Treasury jointly’. |
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| Clause 31, page 15, line 43, leave out from ‘voyages’ to end of line 2 on page 16. |
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| Clause 31, page 16, line 2, leave out ‘may’ and insert ‘and the Treasury may |
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| Clause 31, page 16, line 3, after ‘State’, insert ‘and the Treasury’. |
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| Clause 31, page 16, line 17, at end insert— |
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| | ‘(6A) | An order under subsection (4) may not specify— |
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| | (a) | a power of Her Majesty’s Revenue and Customs if or in so far as it relates |
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| | to a matter to which section 7 of the Commissioners for Revenue and |
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| | Customs Act 2005 (c.11) (former Inland Revenue matters) applies, or |
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| | (b) | a matter to which that section applies.’. |
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| Clause 31, page 16, line 17, at end insert— |
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| | ‘( ) | The Secretary of State may make an order under subsection (4) only if satisfied |
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| | that the nature of the information sought is such that there are likely to be |
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| | circumstances in which it can be required under subsection (2) without breaching |
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| | Convention rights (within the meaning of the Human Rights Act 1998 (c. 42)).’. |
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| | Clause, as amended, Agreed to. |
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| Clause 32, page 16, leave out lines 40 to 43 and insert— |
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| | ‘(1) | A person specified in subsection (2) may disclose information obtained or held in |
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| | the course of his functions to a person specified in subsection (2A) if he thinks |
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| | that the information is likely to be of use for a purpose specified in—’. |
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| Clause 32, page 16, line 44, leave out ‘a function specified in’. |
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| Clause 32, page 16, line 45, leave out ‘a function specified in’. |
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| Clause 32, page 17, leave out line 1 and insert— |
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| | ‘(2) | The persons who may disclose information in accordance with subsection (1) |
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| Clause 32, page 17, line 4, at end insert ‘and’. |
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| Clause 32, page 17, line 6, leave out paragraphs (d), (e) and (f). |
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| Clause 32, page 17, line 8, at end insert— |
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| | ‘(2A) | The persons to whom information may be disclosed in accordance with |
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| | (a) | the Director-General of the Security Service, |
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| | (b) | the Chief of the Secret Intelligence Service, and |
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| | (c) | the Director of the Government Communications Headquarters.’. |
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| Clause 32, page 17, line 11, after ‘State’, insert ‘and the Treasury jointly’. |
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| Clause 32, page 17, line 16, leave out paragraph (b). |
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| Clause 32, page 17, line 22, leave out ‘may’ and insert ‘and the Treasury may |
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| Clause 32, page 17, line 23, leave out subsection (4). |
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| Clause 32, page 17, line 34, at end insert— |
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| | ‘(5A) | An order under subsection (3) may not specify— |
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| | (a) | a power of Her Majesty’s Revenue and Customs if or in so far as it relates |
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| | to a matter to which section 7 of the Commissioners for Revenue and |
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| | Customs Act 2005 (c. 11) (former Inland Revenue matters) applies, or |
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| | (b) | a matter to which that section applies.’. |
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| | Clause, as amended, Agreed to. |
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| Page 16, line 39, transfer Clause 32 to after Clause 33. |
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| Clause 33, page 17, line 42, leave out ‘shall’ and insert ‘and the Treasury shall |
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| Clause 33, page 17, line 43, leave out ‘or 32(1)’. |
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| Clause 33, page 17, line 46, leave out ‘or 32(4)’. |
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| Clause 33, page 18, line 1, leave out subsection (2) and insert— |
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| | ‘(2) | Before issuing a code the Secretary of State shall— |
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| | (a) | consult the Information Commissioner |
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| | (b) | after that consultation, publish a draft code |
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| | (c) | consider any representations made about the published draft, and lay a |
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| | draft code before Parliament.’. |
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| Clause 33, page 18, line 4, after ‘State’, insert ‘and the Treasury jointly’. |
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| Clause 33, page 18, line 5, after ‘State’, insert ‘and the Treasury’. |
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| Clause 33, page 18, line 5, after ‘shall’, insert ‘jointly’. |
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| Clause 33, page 18, leave out line 7 and insert— |
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| | ‘(4) | The code shall come into force in accordance with provision made by order of the |
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| | Secretary of State; and an order -’. |
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| | Clause, as amended, Agreed to. |
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| Clause 34, page 18, line 18, leave out subsection (2). |
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| | Clause, as amended, Agreed to. |
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| | Negatived on division 120 |
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| Clause 35, page 19, line 1, leave out subsection (5). |
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| Clause 35, page 19, line 12, leave out from ‘(1)’ to end of line 15. |
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| Clause 35, page 19, line 28, leave out paragraph (c). |
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| Clause 36, page 20, line 3, leave out ‘a crown servant’ and insert ‘an independent |
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| Clause 36, page 20, line 19, leave out subsection (3). |
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| Clause 36, page 20, line 27, leave out subsection (4). |
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| Clause 36, page 20, line 36, at end insert— |
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| | ‘( ) | The Secretary of State shall draw up a Code of Practice setting out the powers and |
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| | appropriate practices for persons authorised under section 35. The Code— |
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| | (a) | shall be made by statutory instrument, |
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| | (b) | may not be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Clause 37, page 21, line 23, at end insert— |
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| | ‘( ) | In section 99(4) (Provision of support by local authorities) after “section”, insert |
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