UK Borders Bill - continued          House of Commons

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Mr Liam Byrne

113

# Clause 31, page 16, leave out from beginning of line 18 to ‘a’ in line 20 and insert—

      ‘“(3A) Subsection (2)(j) does not apply to a decision to make a deportation order which states that it is made in accordance with section 28(5) of the UK Borders Act 2007; but—

        (a) a decision that section 28(5) applies is an immigration decision for the purposes of this Part, and

        (b) ’.

Mr Liam Byrne

114

# Clause 31, page 16, line 24, leave out subsections (4) and (5).


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

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’.


Damian Green
Mr Crispin Blunt

108

Clause 44, page 23, line 19, after, ‘17’ insert ‘and section 27’.


Mr Liam Byrne

29

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

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

Mr Liam Byrne

31

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

Mr Liam Byrne

32

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


New ClauseS

Assaulting an immigration officer: offence

Mr Liam Byrne

NC2

    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

    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).’.


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.’.


Establishment of UK Border Police Force

Damian Green
Mr Crispin Blunt

NC4

    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.’.


Annual report by Secretary of State

Mr James Clappison

NC5

    To move the following Clause:—

      ‘Following consultation with Her Majesty’s Judges, the Secretary of State shall lay before each House of Parliament an annual report on the exercise of his powers in respect of the deportation of criminals.’.

ORDER OF THE HOUSE [5TH JANUARY 2007]

       The following provisions shall apply to the UK Borders Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22nd March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


ORDER OF THE COMMITTEE [27TH FEBRUARY 2007]

       That—

        (1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 27th February) meet—

        (a) at 4.30 p.m. on Tuesday 27th February;

        (b) at 9.00 a.m. and 1.30 p.m. on Thursday 1st March;

        (c) at 10.30 a.m. and 4.30 p.m. on Tuesday 6th March;

        (d) at 9.00 a.m. and 2.00 p.m. on Thursday 8th March;

        (e) at 10.30 a.m. and 4.30 p.m. on Tuesday 13th March;

        (f) at 9.00 a.m. and 2.00 p.m. on Thursday 15th March;

        (g) at 10.30 a.m. and 4.30 p.m. on Tuesday 20th March;

        (h) at 9.00 a.m. and 2.00 p.m. on Thursday 22nd March;

        (2) the Committee shall hear oral evidence in accordance with the following Table;

TABLE
Date Time Witness
Tuesday 27th February Until no later than
1.00 p.m.
Home Office
Tuesday 27th February Until no later than
5.30 p.m.
Immigration Law Practitioners Association
Tuesday 27th February Until no later than
6.30 p.m.
Immigration Advisory Service
Thursday 1st March Until no later than
9.40 a.m.
National Car Parks
Thursday 1st March Until no later than
10.25 a.m.
Trades Union Congress; Transport and General Workers’ Union
Thursday 1st March Until no later than
3.00 p.m.
Professor Ross Anderson, Cambridge University; Phil Booth, National Coordinator, NO2ID
Thursday 1st March Until no later than
5.00 p.m.
Liberty
Thursday 1st March Until no later than
5.00 p.m.
Additional witnesses to be decided by the Committee

        (3) proceedings on consideration of the Bill in Committee shall be taken in the following order: Clauses 1 to 43; Schedule; Clauses 44 to 46; new Clauses; new Schedules; remaining proceedings on the Bill;

        (4) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 4.30 p.m. on Thursday 22nd March.


 
 
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Prepared: 8 March 2007