| 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). Damian Green
141 * Clause 32, page 17, line 8, at end add— ‘(6) An individual detained under subsections (1) and (2) above may not be detained for longer than six months.’. David T. C. Davies 12 Clause 33, page 17, line 15, leave out subsection (2). Damian Green
142 * Clause 34, page 17, line 26, leave out subsection (1). 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’. Damian Green
143 * Clause 34, page 17, line 31, leave out paragraph (b). 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
144 * Clause 36, page 19, line 19, leave out ‘or a person acting on behalf of HMRC or the RCPO’. Damian Green
145 * Clause 36, page 19, line 22, after second ‘a’, insert ‘copy of a’. Damian Green
146 * Clause 36, page 19, line 34, after ‘authorised’, insert ‘by the Secretary of State’. Damian Green
147 * Clause 37, page 20, line 22, after first ‘the’, insert ‘expressed’. Damian Green
148 * Clause 38, page 21, line 1, leave out subsection (3). Damian Green
151 * Clause 40, page 21, line 41, after ‘constable’, insert ‘including a constable in the UK Border Police Force established under section [Establishment of UK Border Police Force]’. Damian Green
149 * Clause 40, page 21, line 46, at end insert— ‘(iii) any other premises that a constable or immigration officer reasonably believes to contain such documents.’. Damian Green
152 * Clause 40, page 22, line 16, at end insert— ‘(4A) The individual to whom a document found under the provisions of subsection (1) relates may be liable to be removed from the United Kingdom in accordance with the provisions of the Immigration Acts.’. Mr Liam Byrne 116 Schedule , page 25, line 4, at end insert—
Mr Liam Byrne 117 Schedule , page 25, line 7, column 2, at beginning insert—
Mr Liam Byrne 118 Schedule , page 25, line 8, column 2, at beginning insert—
Mr Liam Byrne 119 Schedule , page 25, line 12, at end insert—
Damian Green
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 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 (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 (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).’. Border and Immigration Inspectorate: Establishment Mr Liam Byrne NC6 To move the following Clause:— ‘(1) The Secretary of State shall appoint a person as Chief Inspector of the Border and Immigration Agency. (2) The Chief Inspector shall monitor and report on the efficiency and effectiveness of the Border and Immigration Agency; in particular, the Chief Inspector shall consider and make recommendations about— (a) consistency of approach within the Border and Immigration Agency, (b) the practice and performance of the Border and Immigration Agency compared to other persons doing similar things, (c) practice and procedure in making decisions, (d) the treatment of claimants and applicants, (e) certification under section
94 of the (f) compliance with law about
discrimination in the exercise of functions, including reliance on section
19D of the (g) practice and procedure in relation to the exercise of enforcement powers (including powers of arrest, entry, search and seizure), (h) the provision of information, (i) the handling of complaints, and (j) the content of information about conditions in countries outside the United Kingdom which the Secretary of State compiles and makes available, for purposes connected with immigration and asylum, to immigration officers and other officials. (3) In this section “the Border and Immigration Agency” means— (a) immigration officers, and (b) other officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality. (4) The Chief Inspector shall not aim to investigate individual cases (although this subsection does not prevent the Chief Inspector from considering or drawing conclusions about an individual case for the purpose of, or in the context of, considering a general issue).’. As an Amendment to Mr Liam Byrne’s proposed New Clause (NC6) (Border and Immigration Inspectorate: Establishment):— Damian Green
(a) * Leave out lines 28 to 31 and insert— ‘(4) The Chief Inspector shall have the power to investigate individual cases.’. Border and Immigration Inspectorate: Chief Inspector: supplemental Mr Liam Byrne NC7 To move the following Clause:— ‘(1) The Secretary of State shall pay remuneration and allowances to the Chief Inspector. (2) The Secretary of State— (a) shall before the beginning of each financial year specify a maximum sum which the Chief Inspector may spend on functions for that year, (b) may permit that to be exceeded for a specified purpose, and (c) shall defray the Chief Inspector’s expenditure for each financial year subject to paragraphs (a) and (b). (3) The Chief Inspector shall hold and vacate office in accordance with terms of appointment (which may include provision about retirement, resignation or dismissal). (4) The Chief Inspector may appoint staff. (5) A person who is employed by or in any of the following may not be appointed as Chief Inspector— (a) a government department, (b) the Scottish Administration, (c) the National Assembly for Wales, and (d) a department in Northern Ireland.’. Border and Immigration Inspectorate: Reports Mr Liam Byrne NC8 To move the following Clause:— ‘(1) The Chief Inspector shall report in writing to the Secretary of State— (a) once each calendar year, in relation to the performance of the functions under section [Border and Immigration Inspectorate: Establishment] generally, and (b) at other times as requested by the Secretary of State in relation to specified matters. (2) The Secretary of State shall lay before Parliament a copy of any report received under subsection (1). (3) But a copy may omit material if the Secretary of State thinks that its publication— (a) is undesirable for reasons of national security, or (b) might jeopardise an individual’s safety.’. As an Amendment to Mr Liam Byrne’s proposed New Clause (NC8) (Border and Immigration Inspectorate: Reports):— Damian Green
(a) * Line 9, after ‘State’, insert ‘and the Information Commissioner’. Border and Immigration Inspectorate: Plans Mr Liam Byrne NC9 To move the following Clause:— ‘(1) The Chief Inspector shall prepare plans describing the objectives and terms of reference of proposed inspections. (2) Plans shall be prepared— (a) at prescribed times and in respect of prescribed periods, and (b) at such other times, and in respect of such other periods, as the Chief Inspector thinks appropriate. (3) A plan must— (a) be in the prescribed form, and (b) contain the prescribed information. (4) In preparing a plan the Chief Inspector shall consult— (a) the Secretary of State, and (b) prescribed persons. (5) As soon as is reasonably practicable after preparing a plan the Chief Inspector shall send a copy to— (a) the Secretary of State, and (b) each prescribed person. (6) The Chief Inspector and a prescribed person may by agreement disapply a requirement— (a) to consult the person, or (b) to send a copy of a plan to the person. (7) Nothing in this section prevents the Chief Inspector from doing anything not mentioned in a plan.’. Border and Immigration Inspectorate: Relationship with other bodies: general Mr Liam Byrne NC10 To move the following Clause:— ‘(1) The Chief Inspector shall cooperate with prescribed persons in so far as the Chief Inspector thinks it consistent with the efficient and effective performance of the functions under section [Border and Immigration Inspectorate: Establishment]. (2) The Chief Inspector may act jointly with prescribed persons where the Chief Inspector thinks it in the interests of the efficient and effective performance of the functions under section [Border and Immigration Inspectorate: Establishment]. (3) The Chief Inspector may assist a prescribed person. (4) The Chief Inspector may delegate a specified aspect of the functions under section [Border and Immigration Inspectorate: Establishment] to a prescribed person.’. Border and Immigration Inspectorate: Relationship with other bodies: non-interference notices Mr Liam Byrne NC11 To move the following Clause:— ‘(1) Subsection (2) applies if the Chief Inspector believes that— (a) a prescribed person proposes to inspect any aspect of the work of the Border and Immigration Agency, and (b) the inspection may impose an unreasonable burden on the Agency. (2) The Chief Inspector may give the prescribed person a notice prohibiting a specified inspection. (3) The prescribed person shall comply with the notice, unless the Secretary of State cancels it on the grounds that the inspection would not impose an unreasonable burden on the Agency. (4) A notice must— (a) be in the prescribed form, and (b) contain the prescribed information. (5) The Secretary of State may by order make provision about— (a) the timing of notices; (b) the publication of notices; (c) the revision or withdrawal of notices.’. Border and Immigration Inspectorate: Abolition of other bodies Mr Liam Byrne NC12 To move the following Clause:— The following shall cease to have effect— (a) section 19E of the (b) section 34 of the (c) section 111 of that Act (monitor of certification of claims as unfounded), and (d) section 142 of that Act (Advisory Panel on Country Information).’. Border and Immigration Inspectorate: Prescribed matters Mr Liam Byrne NC13 To move the following Clause:— ‘(1) In sections [Border and Immigration Inspectorate: Establishment] to [Border and Immigration Inspectorate: Relationship with other bodies: non-interference notices] “prescribed” means prescribed by order of the Secretary of State. (2) An order under any of those sections— (a) may make provision generally or only for specified purposes, (b) may make different provision for different purposes, and (c) may include incidental or transitional provision. (3) An order under any of those sections prescribing a person may specify— (a) one or more persons, or (b) a class of person. (4) An order under any of those sections— (a) shall be made by statutory instrument, and (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.’. Senior President of Tribunals Mr Liam Byrne NC14 To move the following Clause:— ‘(1) At the end of section 43(3) of the Tribunals, Courts and Enforcement Act 2007 (report by Senior President of Tribunals) add— “, and (e) cases coming before the Asylum and Immigration Tribunal.” (2) In exercising the function under section 43 of the Tribunals, Courts and Enforcement Act 2007 the Senior President of Tribunals shall have regard to— (a) the functions of the Chief Inspector of the Border and Immigration Agency, and (b) in particular, the Secretary of State’s power to request the Chief Inspector to report about specified matters.’. No requirement to carry a biometric information document Damian Green
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
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.’. As an Amendment to Damian Green’s proposed New Clause (NC4) (Establishment of UK Border Police Force):— |
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| © Parliamentary copyright 2007 | Prepared: 13 March 2007 |