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Thursday 15th March 2007
Public Bill Committee
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—
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—
Damian Green
Mr Crispin Blunt
90
Clause 19, page 11, line 11, at
end add—
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—
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—
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—
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—
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—
Damian Green
Mr Crispin Blunt
99
Clause 27, page 14, line 8, at
end add—
Damian Green
Mr Crispin Blunt
101
Clause 27, page 14, line 8, at
end add—
(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—
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—
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—
Damian Green
Mr Crispin Blunt
127
Clause 28, page 14, line 32, at
end add—
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—
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—
Damian Green
Mr Crispin Blunt
140
Clause 30, page 15, leave
out lines 40 and 41 and insert—
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—
Mr Liam Byrne
113
Clause 31, page 16, leave
out from beginning of line 18 to ‘a’ in line 20 and insert—
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—
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—
Damian Green
Mr Crispin Blunt
152
Clause 40, page 22, line 16, at
end insert—
Mr Liam Byrne
116
Schedule, page 25, line 4, at
end insert—
| ‘Race Relations Act 1976 (c. 74)
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Section 19E.’.
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Mr Liam Byrne
117
Schedule, page 25, line 7, column 2, at
beginning insert—
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‘Section 34.
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Section 111.’.
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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—
| ‘Tribunals, Courts and Enforcement Act 2007
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In section 43(3) the word “and” after paragraph
(c).’.
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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
Assaulting an immigration officer: powers of arrest,
&c.
Mr Liam Byrne
NC3
(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.
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