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Session 2006-07
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Tuesday 20th 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].


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).’.


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.’.


 
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Prepared: 20 March 2007