| UK Borders Bill - continued | House of Commons |
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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.’. Fees Mr Liam Byrne NC16 To move the following Clause:— ‘(1) Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (fees: power to set amount in excess of costs) is amended as follows. (2) In subsection (2) after paragraph (d) insert— “(da) an application or process in connection with sponsorship of persons seeking leave to enter or remain in the United Kingdom,”. (3) After that subsection insert— “(2A) Regulations under section 51(3) of the Immigration, Asylum and Nationality Act 2006 (fees), specifying the amount of a fee for a claim, application, service, process or other matter in respect of which an order has been made under section 51(1) or (2), may specify an amount which reflects (in addition to any costs referable to the claim, application, service, process or other matter) costs referable to— (a) any other claim, application, service, process or matter in respect of which the Secretary of State has made an order under section 51(1) or (2), (b) the determination of applications for entry clearances
(within the meaning given by section 33(1) of the (c) the determination of applications for transit visas
under section 41 of the (d) the determination of applications for certificates of
entitlement to the right of abode in the United Kingdom under section
10 of the (4) After subsection (3) insert— “(3A) The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (2A)(b) to (d) above may be set so as to reflect costs referable to any claim, application, service, process or other matter in respect of which the Secretary of State has made an order under section 51(1) or (2) of the Immigration, Asylum and Nationality Act 2006 (c. 13).”’. 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):— Paul Rowen
(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
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;
(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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