House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

31

House of Commons

Tuesday 20th March 2007

Public Bill Committee Proceedings

UK Borders Bill

[THIRTEENTth and fourteenth Sittings]

David T. C. Davies

Damian Green

Mr Crispin Blunt

Not called  8

Clause  28,  page  14,  line  15,  leave out ‘of at least 12 months’.

Damian Green

Mr Crispin Blunt

Not called  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

Not called  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

Not called  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

Agreed to  110

Clause  28,  page  14,  line  28,  leave out ‘or’.

Mr Liam Byrne

Agreed to  111

Clause  28,  page  14,  line  30,  at end insert—


‘, or

(c)
section 30(4) applies.’.

Public Bill Committee Proceedings: 20th March 2007
32

UK Borders Bill, continued

Mr James Clappison

Negatived on division  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

Withdrawn  126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

Not called  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.’.

Clause, as amended, Agreed to.

David T. C. Davies

Damian Green

Mr Crispin Blunt

Negatived on division  9

Clause  29,  page  15,  line  4,  leave out ‘18’ and insert ‘16’.

Kerry McCarthy

Not called  115

Clause  29,  page  15,  line  4,  leave out ‘conviction’ and insert ‘offence’.

Damian Green

Mr Crispin Blunt

Not selected  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

Not called  54

Clause  29,  page  15,  leave out lines 5 to 7.

Public Bill Committee Proceedings: 20th March 2007
33

UK Borders Bill, continued

Damian Green

Mr Crispin Blunt

Withdrawn  137

Clause  29,  page  15,  line  35,  leave out paragraph (b).

Damian Green

Mr Crispin Blunt

Not called  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.’.

Clause Agreed to.

Damian Green

Mr Crispin Blunt

Not called  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

Not called  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

Not called  11

Clause  30,  page  15,  line  46,  leave out paragraph (b).

Mr James Clappison

Not called  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

Agreed to  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—

Public Bill Committee Proceedings: 20th March 2007
34

UK Borders Bill, continued

(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).’.

Clause, as amended, Agreed to.

Mr Liam Byrne

Agreed to  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

Agreed to  114

Clause  31,  page  16,  line  24,  leave out subsections (4) and (5).

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  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.’.

Clause Agreed to.

David T. C. Davies

Not selected  12

Clause  33,  page  17,  line  15,  leave out subsection (2).

Clause Agreed to.

Public Bill Committee Proceedings: 20th March 2007
35

UK Borders Bill, continued

Damian Green

Mr Crispin Blunt

Not called  142

Clause  34,  page  17,  line  26,  leave out subsection (1).

David T. C. Davies

Not called  13

Clause  34,  page  17,  line  28,  leave out ‘does not include’ and insert ‘includes’.

Mr James Clappison

Not called  55

Clause  34,  page  17,  line  29,  leave out ‘whether or not’ and insert ‘save where’.

Damian Green

Mr Crispin Blunt

Not called  143

Clause  34,  page  17,  line  31,  leave out paragraph (b).

David T. C. Davies

Not called  14

Clause  34,  page  17,  line  31,  leave out ‘does not include’ and insert ‘includes’.

David T. C. Davies

Not called  15

Clause  34,  page  17,  line  38,  leave out ‘at least 12 months’ and insert ‘any length of

time’.

David T. C. Davies

Not called  16

Clause  34,  page  17,  line  41,  leave out ‘(provided that it may last for 12 months)’.

Clause Agreed to.

David T. C. Davies

Not called  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

Not called  18

Clause  35,  page  18,  line  24,  leave out subsection (3).

Clause Agreed to.

David T. C. Davies

Not moved  19

Clause  36,  page  18,  line  33,  after ‘RCPO)’, insert ‘and the Department for Work

Public Bill Committee Proceedings: 20th March 2007
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UK Borders Bill, continued

and Pensions’.

Damian Green

Mr Crispin Blunt

Not called  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

Not called  145

Clause  36,  page  19,  line  22,  after second ‘a’, insert ‘copy of a’.

Damian Green

Mr Crispin Blunt

Not called  146

Clause  36,  page  19,  line  34,  after ‘authorised’, insert ‘by the Secretary of State’.

Clause Agreed to.

Damian Green

Mr Crispin Blunt

Not called  147

Clause  37,  page  20,  line  22,  after first ‘the’, insert ‘expressed’.

Clause Agreed to.

Damian Green

Mr Crispin Blunt

Not called  148

Clause  38,  page  21,  line  1,  leave out subsection (3).

Clause Agreed to.

Clause 39 Agreed to.

Damian Green

Mr Crispin Blunt

Not called  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],’.

Public Bill Committee Proceedings: 20th March 2007
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UK Borders Bill, continued

Damian Green

Mr Crispin Blunt

Withdrawn  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

Not called  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.’.

Clause Agreed to.

Clauses 41 to 43 Agreed to.

Mr Liam Byrne

Agreed to  116

Schedule,  page  25,  line  4,  at end insert—

‘Race Relations Act 1976
Section 19E.’.

(c. 74)

Mr Liam Byrne

Agreed to  117

Schedule,  page  25,  line  7,  column  2,  at beginning insert—

‘Section 34.

Section 111.’.

Mr Liam Byrne

Agreed to  118

Schedule,  page  25,  line  8,  column  2,  at beginning insert—

‘Section 142.’.

Mr Liam Byrne

Agreed to  119

Schedule,  page  25,  line  12,  at end insert—

‘Tribunals, Courts and
In section 43(3) the word

Enforcement Act 2007
“and” after paragraph (c).’.