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Session 2006-07
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Tuesday 6th March 2007

Public Bill Committee


      New Amendments handed in are marked thus *

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

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

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

Damian Green
Mr Crispin Blunt

34

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

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

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.’.

Paul Rowen
John Hemming

67

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

      ‘(4) Designated immigration officers will conform to the Police and Criminal Evidence Act (1984) Codes of Practice.’.

Paul Rowen
John Hemming

68

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

      ‘(4) Complaints against designated immigration officers may be referred to the Independent Police Complaints Commission.’.

Paul Rowen
John Hemming

70

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

      ‘(4) After section 11(1)(m) of the Children Act 2004 (c. 31) insert—

        “(n) designated immigration officers in England.”’.


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

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

Damian Green
Mr Crispin Blunt

39

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

Damian Green
Mr Crispin Blunt

40

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

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

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

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

Damian Green
Mr Crispin Blunt

44

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

Damian Green
Mr Crispin Blunt

45

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


Paul Rowen
John Hemming

71

Clause 5, page 3, line 17, at end insert ‘by authorised persons only’.

Paul Rowen
John Hemming

72

Clause 5, page 3, line 21, at end insert ‘to authorised persons only’.

Paul Rowen
John Hemming

80

Clause 5, page 3, line 28, leave out paragraph (c).

Paul Rowen
John Hemming

74

Clause 5, page 3, line 29, leave out from ‘documents’ to end of line 30 and insert—

        ‘which may include the following non-biometric information—

          (i) name,

          (ii) date of birth,

          (iii) place of birth,

          (iv) address,

          (v) immigration status, and

          (vi) National Insurance number, if appropriate;’.

Damian Green
Mr Crispin Blunt

47

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

Paul Rowen
John Hemming

75

Clause 5, page 3, line 38, leave out ‘in specified circumstances’ and insert ‘if their name or family circumstances have changed’.

Paul Rowen
John Hemming

76

Clause 5, page 3, line 44, leave out ‘in other specified circumstances’ and insert ‘if he or an authorised person suspects it is being used for a purpose other than was intended’.

Damian Green
Mr Crispin Blunt

49

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

Damian Green
Mr Crispin Blunt

46

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

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.’.

Paul Rowen
John Hemming

77

Clause 5, page 4, line 18, leave out from ‘modification)’ to end of line 19 and insert ‘as has been laid before, and approved by resolution of, both Houses of Parliament.’.

Damian Green
Mr Crispin Blunt

51

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

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.’.

Paul Rowen
John Hemming

78

Clause 5, page 4, line 21, at end insert—

      ‘(4A) Information provided under subsection (1)(c) shall be used by authorised persons only.’.

Damian Green
Mr Crispin Blunt

50

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.’.

Paul Rowen
John Hemming

73

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

      ‘(7) A biometric immigration document may only be used in connection with an immigration and nationality matter.’.

Damian Green
Mr Crispin Blunt

60

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

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

Damian Green
Mr Crispin Blunt

52

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.’.

Paul Rowen
John Hemming

69

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

      ‘(7) The Secretary of State may issue a code of practice relating to the issuing of biometric immigration documents by UK Visas providing—

        (a) the maximum processing times and maximum costs for biometric immigration documents;

        (b) the minimum level of service that visa applicants could expect from UK Visas and their partners; and

        (c) any other guidance that he deems appropriate.’.


Damian Green
Mr Crispin Blunt

61

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

Paul Rowen
John Hemming

79

Clause 6, page 4, line 36, leave out from ‘regulations’ to end of line 37 and insert ‘may permit only the use of iris data.’.

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.’.


Paul Rowen
John Hemming

81

* Clause 8, page 5, line 26, leave out from ‘information’ to end of line 27 and insert ‘by authorised persons for any matter relating to immigration, nationality, terrorism or money-laundering.’.

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 insert ‘but provision must be restricted to matters relating to terrorism, serious organised crime, money laundering and serious fraud’.

Paul Rowen
John Hemming

82

* Clause 8, page 5, line 37, at end insert—

        ‘(ba) must require the destruction of information provided in accordance with the regulations when an individual subsequently becomes a British citizen.’.


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 ‘£1,000’ and insert ‘the maximum fine on level 3 of the standard scale.’.

Paul Rowen
John Hemming

83

* Clause 9, page 6, line 13, leave out ‘14’ and insert ‘28’.

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 paragraph (b).


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’.

Paul Rowen
John Hemming

84

* Clause 13, page 8, line 15, at end add—

      ‘(7) Sections 9 to 12 shall not come into force until the code has been laid before, and approved by a resolution of, each House of Parliament.’.


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.’.

Damian Green
Mr Crispin Blunt

85

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

      ‘(2) A condition about residence shall not apply if—

        (a) the residence is more than 25 miles from the nearest reporting centre; or

        (b) for employment purposes, a different location is more suitable.’.

Damian Green
Mr Crispin Blunt

86

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

      ‘(2) The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under this section, a report on the operation of these conditions.’.


David T. C. Davies

6

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

Damian Green
Mr Crispin Blunt

87

* Clause 17, page 9, line 36, leave out paragraph (b).


Damian Green
Mr Crispin Blunt

88

* Clause 18, page 10, line 3, after ‘An’, insert ‘designated’.

Damian Green
Mr Crispin Blunt

89

* Clause 18, page 10, line 3, after ‘the’, insert ‘designated’.


Mr James Clappison

53

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

Mr James Clappison

57

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

      ‘(3) 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.’.

Damian Green
Mr Crispin Blunt

90

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

      ‘(6) The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under this section, a report on their operation.’.


Damian Green
Mr Crispin Blunt

91

* Clause 20, page 11, line 15, after ‘an’, insert ‘designated’.

Damian Green
Mr Crispin Blunt

92

* Clause 20, page 11, line 29, after ‘293’, insert ‘and 295’.

Damian Green
Mr Crispin Blunt

93

* Clause 20, page 11, leave out lines 30 to 34 and insert—

        ‘(f) the designated immigration officer shall deliver the seized cash to a constable within 48 hours of its seizure. The constable shall then treat this as cash seized by himself under section 294 of the Proceeds of Crime Act 2002 (c. 29).’.

Damian Green
Mr Crispin Blunt

94

* Clause 20, page 11, line 35, leave out paragraph (g).

Damian Green
Mr Crispin Blunt

95

* Clause 20, page 11, line 43, leave out ‘subject to annulment in pursuance of’ and insert ‘approved by’.


Damian Green
Mr Crispin Blunt

96

* Clause 22, page 13, line 11, leave out ‘subject to annulment in pursuance of’ and insert ‘approved by’.


Damian Green
Mr Crispin Blunt

97

* Clause 23, page 13, line 21, at end add—

      ‘(2) In section 21(2)(a) of the Immigration, Asylum and Nationality Act 2006 (c. 13) for “two years” substitute “four years”.’.


Damian Green
Mr Crispin Blunt

98

* Clause 27, page 14, line 8, at end add—

      ‘(5) In section 57(2)(a) of the Sexual Offences Act 2003 (c. 42) for “6 months” substitute “51 weeks”.

      (6) In section 58(2)(a) of that Act for “6 months” substitute “51 weeks”.

      (7) In section 59(2)(a) of that Act for “6 months” substitute “51 weeks”.’.

Damian Green
Mr Crispin Blunt

99

* Clause 27, page 14, line 8, at end add—

      ‘(5) Where a person is guilty of an offence under sections 57 to 59 of the Sexual Offences Act 2003 (c. 42) or section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) the provisions of section 28 shall apply.’.

Damian Green
Mr Crispin Blunt

101

* Clause 27, page 14, line 8, at end add—

      ‘(5) In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) after subsection (5) add—

      “(6) If there are reasonable grounds to believe that a person has been the victim of trafficking in human beings, that person shall not be removed from the UK until the process of identifying the person as a victim of an offence has been completed.

      (7) If an unaccompanied child is identified as a victim of trafficking, the Secretary of State shall—

        (a) provide for representation of the child by a legal guardian, organisation or authority which shall act in the best interests of that child;

        (b) take the necessary steps to establish the identity and nationality of the child;

        (c) make every effort to locate the family of the child when the Secretary of State determines that this is in the best interests of the child.

      (8) If an individual has been identified as a victim of trafficking the Secretary of State shall allow a recovery and reflection period of not less than 30 days. During this period it shall not be possible to enforce any expulsion order against that person. During this period, the Secretary of State shall authorise the persons concerned to stay in the UK.”.’.


 
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Prepared: 6 March 2007