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House of Commons
Session 2006-07
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Thursday 1st March 2007

Public Bill Committee


      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus 8

UK Borders Bill


Note

The Amendments have been arranged in accordance with the Order of the Committee [27th February].


Damian Green
Mr Crispin Blunt

36

8 Clause 1, page 1, line 10, after ‘period’, insert ‘of not less than six months’.

Damian Green
Mr Crispin Blunt

34

8 Clause 1, page 1, line 11, at end add—

      ‘(4) The Secretary of State shall, by regulation, make provision as to the necessary qualifications and training for a designated immigration officer.

      (5) Regulations under subsection (4) shall be published no less than six months before the commencement of Section 1 of this Act.’.

Damian Green
Mr Crispin Blunt

35

8 Clause 1, page 1, line 11, at end add—

      ‘(4) The Secretary of State shall, by regulation, make provision for the regular inspection of immigration officers designated under this section.’.

Damian Green
Mr Crispin Blunt

37

8 Clause 1, page 1, line 11, at end add—

      ‘(4) The Secretary of State shall issue a code of practice relating to the conduct of designated immigration officers for the purposes of section 2.

      (5) Before issuing a code of practice under subsection (4), the Secretary of State shall consult—

        (a) representatives of the Immigration Service;

        (b) the Director General of the Immigration and Nationality Directorate;

        (c) representatives of relevant trades unions;

        (d) representatives of the Immigration Law Practitioners Association; and

        (e) such other persons as he thinks fit.’.


Damian Green
Mr Crispin Blunt

20

Clause 2, page 1, line 14, after ‘individual’, insert ‘on an immigration or nationality matter’.

David T. C. Davies

1

Clause 2, page 2, line 8, leave out ‘three’ and insert ‘24’.

Damian Green
Mr Crispin Blunt

38

8 Clause 2, page 2, line 8, leave out ‘three’ and insert ‘eight’.

Damian Green
Mr Crispin Blunt

39

8 Clause 2, page 2, line 13, leave out ‘designated’.

Damian Green
Mr Crispin Blunt

40

8 Clause 2, page 2, line 15, at end insert—

        ‘(aa) detain the individual for not longer than two hours whilst waiting for a constable or designated immigration officer to attend, and’.

Damian Green
Mr Crispin Blunt

26

Clause 2, page 2, line 16, at end add—

      ‘(6) For the purposes of this section, “an immigration or nationality matter” means an offence under the Immigration Acts.’.

Mr Liam Byrne

27

8 Clause 2, page 2, line 16, at end add—

      ‘(6) Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons).’.


David T. C. Davies

2

Clause 3, page 2, line 27, at end insert ‘, or

        ‘(d) automatic deportation.’.

David T. C. Davies

3

Clause 3, page 2, line 30, leave out ‘51 weeks’ and insert ‘two years’.

Damian Green
Mr Crispin Blunt

41

8 Clause 3, page 2, line 43, at end add—

      ‘(6) Where a person is guilty of an offence under subsection (1) the provisions of section 28 shall apply.’.


Damian Green
Mr Crispin Blunt

43

8 Clause 4, page 3, line 2, at end insert ‘and an international railway station’.

Damian Green
Mr Crispin Blunt

44

8 Clause 4, page 3, line 5, after ‘aircraft’, insert ‘or train’.

Damian Green
Mr Crispin Blunt

45

8 Clause 4, page 3, line 6, after ‘aircraft’, insert ‘or train’.


Damian Green
Mr Crispin Blunt

47

8 Clause 5, page 3, leave out lines 31 and 32.

Damian Green
Mr Crispin Blunt

49

8 Clause 5, page 3, leave out lines 45 and 46.

Damian Green
Mr Crispin Blunt

46

8 Clause 5, page 3, line 46, at end insert—

      ‘(2A) Non-biometric information under subsection (2)(d) shall be limited to—

        (a) name,

        (b) date of birth,

        (c) place of birth,

        (d) address,

        (e) immigration status, and

        (f) National Insurance Number.’.

Damian Green
Mr Crispin Blunt

48

8 Clause 5, page 3, line 46, at end insert—

      ‘(2A) Circumstances under subsection (2)(h) shall be limited to—

        (a) change of address,

        (b) change of name, or

        (c) loss or theft of a biometric immigration document.’.

Damian Green
Mr Crispin Blunt

51

8 Clause 5, page 4, line 19, at end insert—

      ‘(3A) Before making regulations under subsection (1) the Secretary of State must—

        (a) publish the code set out in subsection (3)(e) and (f), and

        (b) lay a draft before each House of Parliament.’.

Mr Liam Byrne

28

8 Clause 5, page 4, line 19, at end insert—

      ‘(3A) Regulations under subsection (1)(b) may, in particular, require the production or other use of a biometric immigration document that is combined with another document; and section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement to produce ID card) is subject to this subsection.’.

Damian Green
Mr Crispin Blunt

50

8 Clause 5, page 4, line 27, at end add—

      ‘(7) Before making regulations under this section the Secretary of State must—

        (a) publish proposals,

        (b) consult members of the public, and

        (c) lay a draft before Parliament.’.

Damian Green
Mr Crispin Blunt

60

* Clause 5, page 4, line 27, at end add—

      ‘(7) Nothing in these regulations shall apply to persons under 18 years of age.’.

Damian Green
Mr Crispin Blunt

52

8 Clause 5, page 4, line 27, at end add—

      ‘(7) The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under subsection (1), a report on the operation of the regulations.’.


Damian Green
Mr Crispin Blunt

61

* Clause 6, page 4, line 33, leave out subsection (3).

Damian Green
Mr Crispin Blunt

21

Clause 6, page 5, line 7, after ‘Parliament’, insert ‘with or without amendment’.


Damian Green
Mr Crispin Blunt

22

Clause 7, page 5, line 21, at end add—

      ‘(3) No action taken in accordance with regulations made under subsection (2) shall permit a breach of—

        (a) a person’s convention rights;

        (b) the United Kingdom’s obligations under the Refugee Convention; or

        (c) a person’s rights under the Community Treaties.’.


Damian Green
Mr Crispin Blunt

23

Clause 8, page 5, line 27, after ‘purposes’, insert ‘in accordance with, and for the purposes of, another enactment.’.

Damian Green
Mr Crispin Blunt

62

* Clause 8, page 5, line 27, at end add ‘but such provisions must be restricted to matters relating to terrorism, serious organised crime, money laundering and serious fraud’.


David T. C. Davies

4

Clause 9, page 6, line 12, leave out ‘£1,000’ and insert ‘£5,000’.

Damian Green
Mr Crispin Blunt

63

* Clause 9, page 6, line 12, leave out from ‘£1,000’ and insert ‘the maximum fine on level 3 of the standard scale.’.

David T. C. Davies

5

Clause 9, page 6, line 13, after ‘days’, insert ‘and not more than 28 days’.


Damian Green
Mr Crispin Blunt

66

* Page 6, line 24, leave out Clause 10.


Damian Green
Mr Crispin Blunt

64

* Clause 11, page 7, leave out lines 19 and 20.


Damian Green
Mr Crispin Blunt

65

* Clause 13, page 8, line 14, at end add ‘at least six months before the commencement of the provisions’.


Damian Green
Mr Crispin Blunt

24

Clause 15, page 8, line 43, at end insert—

        ‘(h) “non biometric information” does not include any sensitive personal data (within the meaning of the Data Protection Act 1998 (c. 29)) or anything the disclosure of which would tend to reveal such data.’.


Damian Green
Mr Crispin Blunt

25

Clause 16, page 9, line 16, at end add—

      ‘(2) For the purposes of section 3(1)(c)(v) of the 1971 Act any condition imposed upon residence must be reasonable in all circumstances.’.


David T. C. Davies

6

Clause 17, page 9, line 27, leave out ‘can bring’ and insert ‘has brought’.


Mr James Clappison

53

8 Clause 19, page 11, leave out lines 4 to 8.

Mr James Clappison

57

* Clause 19, page 11, line 11, at end add—

      ‘(6) The Secretary of State shall lay before each House of Parliament an annual report on the operation of the Points Based System including a statement on his view as to the consequences of it for migration.’.


Mr James Clappison

58

* Clause 28, page 14, line 14, leave out ‘1 or 2’ and insert ‘1, 2 or 3’.

David T. C. Davies

7

Clause 28, page 14, line 15, leave out ‘a’ and insert ‘any’.

David T. C. Davies

8

Clause 28, page 14, line 15, leave out ‘of at least 12 months’.

Damian Green
Mr Crispin Blunt

42

8 Clause 28, page 14, line 16, at end insert ‘or is guilty of an offence under section 3(1)’.

Mr James Clappison

59

* Clause 28, page 14, line 21, at end insert—

      ‘(3A) Condition 3 is that the person is convicted of an offence liable to imprisonment the commission of which took place when the person did not have valid leave to remain in the United Kingdom.’.

Mr James Clappison

56

* Clause 28, page 14, line 32, at end add—

      ‘(8) A person convicted of an offence and made subject to a deportation order either under the provisions of this section or otherwise may not be awarded compensation in respect of any period spent in custody following their conviction, whether the period in custody formed part of their sentence or not.’.


David T. C. Davies

9

Clause 29, page 15, line 4, leave out ‘18’ and insert ‘16’.

Mr James Clappison

54

8 Clause 29, page 15, leave out lines 5 to 7.


David T. C. Davies

10

Clause 30, page 15, line 40, leave out from ‘made’ to end of line 41 and insert ‘within 14 days of conviction.’.

David T. C. Davies

11

Clause 30, page 15, line 46, leave out paragraph (b).

Mr James Clappison

33

8 Clause 30, page 16, line 6, at end add—

      ‘(4) Where a deportation order has not been made within one month of the end of the period specified in subsection (2) above, the Secretary of State must write to the judge or magistrate’s court responsible for passing the sentence of imprisonment under section 28(2) in order to explain why a deportation order has not been made and what action he plans to take.’.


David T. C. Davies

12

Clause 33, page 17, line 15, leave out subsection (2).


David T. C. Davies

13

Clause 34, page 17, line 28, leave out ‘does not include’ and insert ‘includes’.

Mr James Clappison

55

8 Clause 34, page 17, line 29, leave out ‘whether or not’ and insert ‘save where’.

David T. C. Davies

14

Clause 34, page 17, line 31, leave out ‘does not include’ and insert ‘includes’.

David T. C. Davies

15

Clause 34, page 17, line 38, leave out ‘at least 12 months’ and insert ‘any length of time’.

David T. C. Davies

16

Clause 34, page 17, line 41, leave out ‘(provided that it may last for 12 months)’.


David T. C. Davies

17

Clause 35, page 18, line 21, leave out from ‘(i)’ to end of line 23 and insert ‘for “does not include” substitute “does include”.’.

David T. C. Davies

18

Clause 35, page 18, line 24, leave out subsection (3).

David T. C. Davies

19

Clause 36, page 18, line 33, after ‘RCPO)’, insert ‘and the Department for Work and Pensions’.


Mr Liam Byrne

29

8 Clause 45, page 24, line 3, leave out ‘Sections 1 to 4 and 21’ and insert ‘Sections 1 to 4, 21 and 27(1) and (2)’.

Mr Liam Byrne

30

8 Clause 45, page 24, line 6, after ‘extend’, insert ‘(subject to subsection (3))’.

Mr Liam Byrne

31

8 Clause 45, page 24, line 10, leave out ‘But’.

Mr Liam Byrne

32

8 Clause 45, page 24, line 10, after ‘shall’, insert ‘(subject to subsection (1))’.


New ClauseS

No requirement to carry a biometric information document

Damian Green
Mr Crispin Blunt

NC1

    To move the following Clause:—

      ‘Nothing in this Act authorises the making of regulations the effect of which would be to require an individual to carry a biometric immigration document at all times.’.


Assaulting an immigration officer: offence

Mr Liam Byrne

NC2

    8 To move the following Clause:—

      ‘(1) A person who assaults an immigration officer commits an offence.

      (2) A person guilty of an offence under this section shall be liable on summary conviction to—

        (a) imprisonment for a period not exceeding 51 weeks,

        (b) a fine not exceeding level 5 on the standard scale, or

        (c) both.

      (3) In the application of this section to Northern Ireland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 months.

      (4) In the application of this section to Scotland the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 12 months.

      (5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences) the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to 6 months.’.


Assaulting an immigration officer: powers of arrest, &c.

Mr Liam Byrne

NC3

    8 To move the following Clause:—

      ‘(1) An immigration officer may arrest a person without warrant if the officer reasonably suspects that the person has committed or is about to commit an offence under section [Assaulting an immigration officer: offence].

      (2) An offence under section [Assaulting an immigration officer: offence] shall be treated as—

        (a) a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (c. 77) (search, entry and arrest), and

        (b) an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G and 28H (search after arrest, &c.) of that Act.

      (3) The following provisions of the Immigration Act 1971 (c. 77) shall have effect in connection with an offence under section [Assaulting an immigration officer: offence] of this Act as they have effect in connection with an offence under that Act—

        (a) section 28I (seized material: access and copying),

        (b) section 28J (search warrants: safeguards),

        (c) section 28K (execution of warrants), and

        (d) section 28L(1) (interpretation).’.


Establishment of UK Border Police Force

Damian Green
Mr Crispin Blunt

NC4

    8 To move the following Clause:—

      ‘(1) There shall be a body corporate to be known as the UK Border Police Force.

      (2) The UK Border Police Force shall have the functions of—

        (a) detecting and removing illegal overstayers;

        (b) protecting UK borders;

        (c) investigating employers of illegal immigrants;

        (d) preventing and detecting human trafficking; and

        (e) such other functions as the Secretary of State may by order determine.

      (3) Membership of the UK Border Police Force will be comprised of officers from—

        (a) the Immigration Service;

        (b) HM Revenue and Customs;

        (c) the Serious Organised Crime Agency;

        (d) specialist port police forces;

        (e) the Metropolitan Police Security Command;

        (f) the Security Services; and

        (g) such other organisations as the Secretary of State shall by order determine.

      (4) Before making an order under subsection (2)(e) the Secretary of State shall—

        (a) publish proposals;

        (b) consult members of the public and stakeholders; and

        (c) lay a draft before each House of Parliament.

      (5) Bodies to be consulted under subsection (4)(b) shall include—

        (a) the Metropolitan Police Commissioner;

        (b) representatives of the Association of Chief Police Officers;

        (c) the Director General of the Immigration and Nationality Directorate;

        (d) representatives of the Serious Organised Crime Agency;

        (e) representatives of the Association of Police Authorities; and

        (f) such other people as the Secretary of State shall determine.’.


 
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Prepared: 1 March 2007