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House of Commons
Session 2006-07
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Thursday 15th 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].


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 has 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).’.


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
Mr Crispin Blunt

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
Mr Crispin Blunt

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
Mr Crispin Blunt

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
Mr Crispin Blunt

144

Clause 36, page 19, line 19, leave out ‘or a person acting on behalf of HMRC or the RCPO’.

Damian Green
Mr Crispin Blunt

145

Clause 36, page 19, line 22, after second ‘a’, insert ‘copy of a’.

Damian Green
Mr Crispin Blunt

146

Clause 36, page 19, line 34, after ‘authorised’, insert ‘by the Secretary of State’.


Damian Green
Mr Crispin Blunt

147

Clause 37, page 20, line 22, after first ‘the’, insert ‘expressed’.


Damian Green
Mr Crispin Blunt

148

Clause 38, page 21, line 1, leave out subsection (3).


Damian Green
Mr Crispin Blunt

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
Mr Crispin Blunt

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
Mr Crispin Blunt

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—

Race Relations Act 1976 (c. 74) Section 19E.’.

Mr Liam Byrne

117

Schedule, page 25, line 7, column 2, at beginning insert—

‘Section 34.
Section 111.’.

Mr Liam Byrne

118

Schedule, page 25, line 8, column 2, at beginning insert—

‘Section 142.’.

Mr Liam Byrne

119

Schedule, page 25, line 12, at end insert—

‘Tribunals, Courts and Enforcement Act 2007 In section 43(3) the word “and” after paragraph (c).’.

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).’.


 
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Prepared: 15 March 2007