UK Borders Bill - continued          House of Commons

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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 Nationality, Immigration and Asylum Act 2002 (c. 41) (unfounded claim),

        (f) compliance with law about discrimination in the exercise of functions, including reliance on section 19D of the Race Relations Act 1976 (c. 74) (exception for immigration functions),

        (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
Mr Crispin Blunt

(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
Mr Crispin Blunt

(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 Race Relations Act 1976 (c. 74) (monitor of immigration exception),

        (b) section 34 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (Monitor of Accommodation Centres),

        (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
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.’.

       As an Amendment to Damian Green’s proposed New Clause (NC4) (Establishment of UK Border Police Force):—

Paul Rowen
John Hemming

(A)

Leave out lines 2 to 7 and insert—

      ‘(2) The UK Border Police Force shall have the functions of—

        (a) protecting UK borders;

        (b) strengthening frontier protection against threats to the security, social and economic integrity and environment of the United Kingdom;

        (c) preventing and detecting human trafficking;

        (d) maintaining and improving a safe, ordered and secure environment in ports; and

        (e) such other functions as the Secretary of State may by order 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.’.


Asylum seekers

Paul Rowen
John Hemming

NC15

    To move the following Clause:—

      ‘(1) This section applies for the purposes of—

        (a) Part VI (and section 4) of the Immigration and Asylum Act 1999 (c. 33) (support and accommodation for asylum-seekers),

        (b) Part 2 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (accommodation centres), and

        (c) Schedule 3 to that Act (withholding and withdrawal of support).

      (2) In section 94(1) of the Immigration and Asylum Act 1999 (c. 33) (Interpretation of Part IV) and paragraph 17(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (Withholding and withdrawal of support), for the definition of “asylum-seeker” substitute—

      “asylum-seeker” means a person—

      (a) who is at least 18 years old;

      (b) who has made a claim for asylum at a place designated by the Secretary of State;

      (c) whose claim has been recorded by the Secretary of State;

      (d) who remains in the United Kingdom following the making of a claim for asylum; and

      (e) who is subject to immigration control but does not currently have leave to enter or remain.”.

      (3) The following provisions are hereby repealed—

        (a) sections 4(2), (3) and (4) and 94(3), (4), (5), (6), (8) and (9) of the Immigration and Asylum Act 1999 (c. 33);

        (b) paragraphs 6, 7A and 17(2) and (3) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41); and

        (c) section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).

      (4) Omit paragraph 4(1)(e) of the National Health Service (Charges to Overseas Visitors) (Amendments) Regulations 2004, No. 614.’.

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 AND 8TH MARCH 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
Tuesday 13th March Until no later than
11.30 a.m.
Migrationwatch

        (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: 15 March 2007