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| | [eleventh and TwelFth Sittings]
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| | Clause 19, page 10, line 38, at end insert— |
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| | | ‘(d) | there is clear evidence that the applicant was unclear about the conditions |
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| | | (e) | a failure to consider new evidence would be in clear breach of natural |
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| | Clause 19, page 11, leave out lines 4 to 8. |
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| | Clause 19, page 11, line 11, at end add— |
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| | | ‘(3) | The Secretary of State shall lay before each House of Parliament an annual report |
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| | | on the operation of the Points Based System including a statement on his view as |
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| | | to the consequences of it for migration.’. |
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| | Clause 19, page 11, line 11, at end add— |
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| | | ‘(3) | The Secretary of State shall lay before Parliament, not more than 12 months after |
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| | | the commencement of the provisions under this section, a report on their |
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| | Clause 20, page 11, line 15, after ‘officer’, insert ‘designated under section 1 of the |
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| | | Negatived on division 150 |
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| | Clause 20, page 11, line 15, after ‘officer’, insert ‘and a constable in the UK Border |
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| | Police Force established under section [Establishment of UK Border Police Force]’. |
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| | Clause 20, page 11, line 29, after ‘293’, insert ‘and section 295’. |
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| | Clause 20, page 11, leave out lines 30 to 34 and insert— |
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| | | ‘(f) | the designated immigration officer shall deliver the seized cash to a |
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| | | constable within 48 hours of its seizure. The constable shall then treat this |
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| | | as cash seized by himself under section 294 of the Proceeds of Crime Act |
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| | Clause 20, page 11, line 35, leave out paragraph (g). |
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| | Clause 20, page 11, line 39, at end insert— |
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| | | ‘(2A) | The Secretary of State shall make regulations to make provision about the |
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| | | qualification, training and complaints procedure for a designated immigration |
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| | | officer involved in the seizure of cash. |
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| | | (2B) | The regulations made under subsection (2A) shall be subject to a resolution of |
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| | | both Houses of Parliament.’. |
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| | Clause 20, page 11, line 43, leave out from ‘be’ to ‘of’ in line 44 and insert |
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| | ‘approved by a resolution of both Houses’. |
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| | Clause 22, page 12, line 30, leave out ‘six’ and insert ‘twelve’. |
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| | Clause 22, page 12, line 37, after ‘property’, insert ‘that has been held for twelve |
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| | Clause 22, page 12, line 38, after ‘where’, insert ‘all reasonable steps have been |
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| | Clause 22, page 13, line 7, at end insert— |
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| | | ‘(ca) | may not allow disposal of property less than twelve months following its |
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| | Clause 22, page 13, line 11, leave out from ‘be’ to ‘of’ in line 12 and insert |
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| | ‘approved by a resolution of both Houses’. |
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| | Clause 23, page 13, line 21, at end add— |
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| | | ‘(2) | In section 21(2)(a)(i) of the Immigration, Asylum and Nationality Act 2006 |
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| | | (c. 13) for “two years” substitute “four years”.’. |
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| | Clause 25, page 13, line 29, after second ‘the’, insert ‘attempted’. |
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| | Clause 27, page 14, line 8, at end add— |
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| | | ‘(5) | In section 57(2)(a) of the Sexual Offences Act 2003 (c. 42) for “6 months” |
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| | | (6) | In section 59(2)(a) of that Act for “6 months” substitute “51 weeks”.’. |
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| | Clause 27, page 14, line 8, at end add— |
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| | | ‘(5) | Where a person is guilty of an offence under sections 57 to 59 of the Sexual |
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| | | Offences Act 2003 (c. 42) or section 4 of the Asylum and Immigration (Treatment |
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| | | of Claimants, etc.) Act 2004 (c. 19) the provisions of section 28 shall apply.’. |
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| | Clause 27, page 14, line 8, at end add— |
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| | | ‘(5) | In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
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| | | 2004 (c. 19) after subsection (5) add— |
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| | | “(6) | If there are reasonable grounds to believe that a person has been the |
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| | | victim of trafficking in human beings, that person shall not be removed |
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| | | from the UK until the process of identifying the person as a victim of an |
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| | | offence has been completed. |
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| | | (7) | If an unaccompanied child is identified as a victim of trafficking, the |
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| | | Secretary of State shall— |
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| | | (a) | provide for representation of the child by a legal guardian, |
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| | | organisation or authority which shall act in the best interests of |
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| | | (b) | take the necessary steps to establish the identity and nationality |
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| | | (c) | make every effort to locate the family of the child when the |
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| | | Secretary of State determines that this is in the best interests of |
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| | | (8) | If an individual has been identified as a victim of trafficking the Secretary |
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| | | of State shall allow a recovery and reflection period of not less than 30 |
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| | | days. During this period it shall not be possible to enforce any expulsion |
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| | | order against that person. During this period, the Secretary of State shall |
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| | | authorise the persons concerned to stay in the UK.”’. |
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| | Clause 28, page 14, line 14, leave out ‘1 or 2’ and insert ‘1, 2 or 3’. |
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| | Clause 28, page 14, line 15, leave out ‘a’ and insert ‘any’. |
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| | | Negatived on division 134 |
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| | Clause 28, page 14, line 15, leave out from ‘imprisonment’ to end of line 16 and |
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| | insert ‘has committed an offence which, in the opinion of the sentencing judge, merits |
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| | [Adjourned till Tuesday next at 10.30 a.m. |
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