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Session 2006-07
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Tuesday 13th 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

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, and’.


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, line 19, 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.’.


Paul Rowen
John Hemming

128

Clause 16, page 9, line 15, leave out from ‘State’ to end of line 16 and insert ‘where it appears that there is evidence that establishes that he is likely to abscond and that such a condition is justified as being necessary in the interests of public order, public safety, national security or for the prevention of crime; and

        (v) a condition requiring him to reside at a specified address where it appears that there is evidence that establishes that he is likely to abscond and that such a condition is justified as being necessary in the interests of public order, public safety, national security or for the prevention of crime, provided that such conditions are consistent with the Human Rights Act 1998, the European Convention on Human Rights and the obligations of the United Kingdom under the International Convenant on Civil and Political Rights 1966.’.

.

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.’.

Paul Rowen
John Hemming

129

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

      ‘(2) After section 3(1)(c) of that Act insert—

        “(d) A condition about reporting or residence under paragraph (c) above shall not apply if the person is under the age of 18.”’.

Paul Rowen
John Hemming

130

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

      ‘(2) Any person granted limited leave to remain shall be allowed to seek employment from two months after an appeal has been lodged.

      (3) Any benefits received by a person granted limited leave to remain shall take account of earned income.’.


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).

Mr Liam Byrne

109

Clause 17, page 9, line 37, at end insert—

      ‘(3A) For the purposes of the provisions mentioned in subsection (1)(a) and (b), a person’s status as an asylum-seeker by virtue of subsection (2)(b) continues for a prescribed period after the appeal ceases to be pending.

      (3B) In subsection (3A) “prescribed” means prescribed by regulations made by the Secretary of State; and the regulations—

        (a) may contain incidental or transitional provision,

        (b) may make different provision for different classes of case,

        (c) shall be made by statutory instrument, and

        (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.’.

Paul Rowen
John Hemming

135

Page 9, line 17, leave out Clause 17.


Paul Rowen
John Hemming

131

Clause 18, page 10, leave out lines 2 to 5.

Damian Green
Mr Crispin Blunt

88

Clause 18, page 10, line 3, after ‘officer’, insert ‘designated under section 1 of the UK Borders Act 2007’.

Damian Green
Mr Crispin Blunt

89

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


Paul Rowen
John Hemming

136

Clause 19, page 10, leave out from line 23 to line 11 on page 11 and insert—

      ‘(5) The Secretary of State shall lay before each House of Parliament regulations setting out exceptions that may be considered on appeal.

      (6) Regulations shall only be laid under subsection (5) after full consultation with all interested bodies.’.

Paul Rowen
John Hemming

132

Clause 19, page 10, line 38, at end insert—

        ‘(d) there is clear evidence that the applicant was unclear about the conditions required; and

        (e) a failure to consider new evidence would be in clear breach of natural justice.’.

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—

      ‘(3) 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 ‘officer’, insert ‘designated under section 1 of the UK Borders Act 2007’.

Damian Green
Mr Crispin Blunt

150

* Clause 20, page 11, line 15, after ‘officer’, insert ‘and a constable in the UK Border Police Force established under section [Establishment of UK Border Police Force]’.

Damian Green
Mr Crispin Blunt

92

Clause 20, page 11, line 29, after ‘293’, insert ‘and section 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).

Paul Rowen
John Hemming

133

Clause 20, page 11, line 39, at end insert—

      ‘(2A) The Secretary of State shall make regulations to make provision about the qualification, training and complaints procedure for a designated immigration officer involved in the seizure of cash.

      (2B) The regulations made under subsection (2A) shall be subject to a resolution of both Houses of Parliament.’.

Damian Green
Mr Crispin Blunt

95

Clause 20, page 11, line 43, leave out from ‘be’ to ‘of’ in line 44 and insert ‘approved by a resolution of both Houses’.


Damian Green
Mr Crispin Blunt

120

Clause 22, page 12, line 30, leave out ‘six’ and insert ‘twelve’.

Damian Green
Mr Crispin Blunt

121

Clause 22, page 12, line 37, after ‘property’, insert ‘that has been held for twelve months’.

Damian Green
Mr Crispin Blunt

122

Clause 22, page 12, line 38, after ‘where’, insert ‘all reasonable steps have been taken but’.

Damian Green
Mr Crispin Blunt

123

Clause 22, page 13, line 7, at end insert—

        ‘(ca) may not allow disposal of property less than twelve months following its seizure,’.

Damian Green
Mr Crispin Blunt

96

Clause 22, page 13, line 11, leave out from ‘be’ to ‘of’ in line 12 and insert ‘approved by a resolution of both Houses’.


Damian Green
Mr Crispin Blunt

97

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

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


Damian Green
Mr Crispin Blunt

124

Clause 25, page 13, line 29, after second ‘the’, insert ‘attempted’.


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 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.”’.


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’.

Paul Rowen
John Hemming

134

Clause 28, page 14, line 15, leave out from ‘imprisonment’ to end of line 16 and insert ‘has committed an offence which, in the opinion of the sentencing judge, merits deportation.’.

David T. C. Davies
Damian Green
Mr Crispin Blunt

8

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

Damian Green
Mr Crispin Blunt

42

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

Damian Green
Mr Crispin Blunt

100

Clause 28, page 14, line 16, at end insert ‘or 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).’.

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 Liam Byrne

110

Clause 28, page 14, line 28, leave out ‘or’.

Mr Liam Byrne

111

Clause 28, page 14, line 30, at end insert—

        ‘, or

        (c) section 30(4) applies.’.

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.’.

Damian Green
Mr Crispin Blunt

126

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

      ‘(8) A foreign criminal subject to a deportation order under subsection (5) shall be deported not more than six months after the making of a deportation order.’.

Damian Green
Mr Crispin Blunt

127

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

      ‘(8) The Secretary of State shall lay before Parliament an annual report on the operation of the provisions under this section including the number of people deported under them.’.


David T. C. Davies
Damian Green
Mr Crispin Blunt

9

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

Kerry McCarthy

115

Clause 29, page 15, line 4, leave out ‘conviction’ and insert ‘offence’.

Damian Green
Mr Crispin Blunt

138

* Clause 29, page 15, line 4, at end insert—

      ‘(3A) The provisions of subsection (3) notwithstanding, no person under the age of 18 shall be deported.’.

Mr James Clappison

54

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

Damian Green
Mr Crispin Blunt

137

* Clause 29, page 15, line 35, leave out paragraph (b).

Damian Green
Mr Crispin Blunt

139

* Clause 29, page 15, line 38, at end add—

      ‘(8) The deportation of a foreign criminal is always deemed conducive to the public good, even following the application of an exception.’.


Damian Green
Mr Crispin Blunt

140

* Clause 30, page 15, leave out lines 40 and 41 and insert—

      ‘(1) A deportation order under section 28(5) above must be made—

        (a) not less than 6 months before the first date at which a criminal could be released from prison for an individual sentenced to over 12 months imprisonment; or

        (b) on the date a final appeal have been withdrawn or determined, or the latest date on which such an appeal could be brought, for an individual sentenced to less than 12 months imprisonment.’.

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

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.’.

Mr Liam Byrne

112

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

      ‘(4) The Secretary of State may withdraw a decision that section 28(5) applies, or revoke a deportation order made in accordance with section 28(5), for the purpose of—

        (a) taking action under the Immigration Acts or rules made under section 3 of the Immigration Act 1971 (c. 77) (immigration rules), and

        (b) subsequently taking a new decision that section 28(5) applies and making a deportation order in accordance with section 28(5).’.


 
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Prepared: 13 March 2007