House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Public Bill Committee Proceedings: 20th March 2007
38

UK Borders Bill, continued

Schedule, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  108

Clause  44,  page  23,  line  19,  after, ‘17’ insert ‘and section 27’.

Clause Agreed to.

Mr Liam Byrne

Agreed to  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

Agreed to  30

Clause  45,  page  24,  line  6,  after ‘extend’, insert ‘(subject to subsection (3))’.

Mr Liam Byrne

Agreed to  31

Clause  45,  page  24,  line  10,  leave out ‘But’.

Mr Liam Byrne

Agreed to  32

Clause  45,  page  24,  line  10,  after ‘shall’, insert ‘(subject to subsection (1))’.

Clause, as amended, Agreed to.

Clause 46 Agreed to.

New ClauseS

Assaulting an immigration officer: offence

Mr Liam Byrne

Added  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

Public Bill Committee Proceedings: 20th March 2007
39

UK Borders Bill, continued

(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

Added  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

Read a second time  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
5
consider and make recommendations about—

Public Bill Committee Proceedings: 20th March 2007
40

UK Borders Bill, continued

(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,
10
(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)
15
(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
20
(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—
25
(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
30
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

Negatived on division  (a)

Leave out lines 28 to 31 and insert—

‘(4)
The Chief Inspector shall have the power to investigate individual cases.’.

Clause added

Border and Immigration Inspectorate: Chief Inspector: supplemental

Mr Liam Byrne

Added  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—

Public Bill Committee Proceedings: 20th March 2007
41

UK Borders Bill, continued

(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

Read a second time  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
5
(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—
10
(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

Negatived on division  (a)

Line  9,  after ‘State’, insert ‘and the Information Commissioner’.

Clause added

Public Bill Committee Proceedings: 20th March 2007
42

UK Borders Bill, continued

Border and Immigration Inspectorate: Plans

Mr Liam Byrne

Added  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

Added  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.’.

Public Bill Committee Proceedings: 20th March 2007
43

UK Borders Bill, continued

Border and Immigration Inspectorate: Relationship with other bodies: non-interference

notices

Mr Liam Byrne

Added  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

Added  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

Added  NC13

To move the following Clause:—

Public Bill Committee Proceedings: 20th March 2007
44

UK Borders Bill, continued

‘(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

Added  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

Added  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,”.