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
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.