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Public Bill Committee Proceedings: 20th March 2007        

45

 

UK Borders Bill, continued

 
 

(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 Immigration Act 1971

 

(c. 77) (interpretation),

 

(c)    

the determination of applications for transit visas under section

 

41 of the Immigration and Asylum Act 1999 (c. 33) (transit

 

passengers), or

 

(d)    

the determination of applications for certificates of entitlement to

 

the right of abode in the United Kingdom under section 10 of the

 

Nationality, Immigration and Asylum Act 2002 (c. 41).”

 

(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

 

Mr Crispin Blunt

 

Not called  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

 

Mr Crispin Blunt

 

Not called  NC4

 

To move the following Clause:—


 
 

Public Bill Committee Proceedings: 20th March 2007        

46

 

UK Borders Bill, continued

 
 

‘(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;

5

(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;

10

(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

15

(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

20

(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;

25

(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

 

John Hemming

 

Not called  (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.’.

 



 
 

Public Bill Committee Proceedings: 20th March 2007        

47

 

UK Borders Bill, continued

 
 

Annual report by Secretary of State

 

Mr James Clappison

 

Not called  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

 

John Hemming

 

Not called  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.’.

 



 
 

Public Bill Committee Proceedings: 20th March 2007        

48

 

UK Borders Bill, continued

 
 

Mr Liam Byrne

 

Agreed to  

 

       That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

Bill, as amended, to be reported.

 


 
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