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| | [NINth and TENth Sittings]
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| | The following witnesses gave oral evidence:
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| | Sir Andrew Green, Chairman, Mr Andrew Dennis, Head of Research, and Mr Richard Norman, |
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| | Executive Member, Migrationwatch UK.
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| | Clause 7, page 5, line 21, at end add— |
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| | | ‘(3) | No action taken in accordance with regulations made under subsection (2) shall |
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| | | (a) | a person’s convention rights; |
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| | | (b) | the United Kingdom’s obligations under the Refugee Convention; or |
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| | | (c) | a person’s rights under the Community Treaties.’. |
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| | Clause 8, page 5, line 26, leave out from ‘information’ to end of line 27 and insert |
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| | ‘by authorised persons for any matter relating to immigration, nationality, terrorism or |
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| | Clause 8, page 5, line 27, after ‘purposes’, insert ‘in accordance with, and for the |
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| | purposes of, another enactment.’. |
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| | Clause 8, page 5, line 27, at end insert ‘but provision must be restricted to matters |
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| | relating to terrorism, serious organised crime, money laundering and serious fraud’. |
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| | Clause 8, page 5, line 37, at end insert— |
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| | | ‘(ba) | must require the destruction of information provided in accordance with |
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| | | the regulations when an individual subsequently becomes a British |
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| | Clause 9, page 6, line 12, leave out ‘£1,000’ and insert ‘£5,000’. |
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| | Clause 9, page 6, line 12, leave out ‘£1,000’ and insert ‘the maximum fine on level |
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| | 3 of the standard scale.’. |
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| | Clause 9, page 6, line 13, leave out ‘14’ and insert ‘28’. |
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| | Clause 9, page 6, line 13, after ‘days’, insert ‘and not more than 28 days’. |
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| | Page 6, line 24, leave out Clause 10. |
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| | | Clause Agreed to on division. |
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| | Clause 11, page 7, line 19, leave out paragraph (b). |
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| | Clause 13, page 8, line 14, at end add ‘at least six months before the |
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| | commencement of the provisions’. |
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| | Clause 13, page 8, line 15, at end add— |
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| | | ‘(7) | Sections 9 to 12 shall not come into force until the code has been laid before, and |
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| | | approved by a resolution of, each House of Parliament.’. |
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| | Clause 15, page 8, line 43, at end insert— |
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| | | ‘(h) | “non biometric information” does not include any sensitive personal data |
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| | | (within the meaning of the Data Protection Act 1998 (c. 29)) or anything |
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| | | the disclosure of which would tend to reveal such data.’. |
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| | Clause 16, page 9, line 15, leave out from ‘State’ to end of line 16 and insert ‘where |
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| | it appears that there is evidence that establishes that he is likely to abscond and that such |
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| | a condition is justified as being necessary in the interests of public order, public safety, |
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| | national security or for the prevention of crime; and |
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| | | (v) | a condition requiring him to reside at a specified address where it appears |
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| | | that there is evidence that establishes that he is likely to abscond and that |
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| | | such a condition is justified as being necessary in the interests of public |
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| | | order, public safety, national security or for the prevention of crime, |
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| | | provided that such conditions are consistent with the Human Rights Act |
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| | | 1998, the European Convention on Human Rights and the obligations of |
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| | | the United Kingdom under the International Convenant on Civil and |
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| | Clause 16, page 9, line 16, at end add— |
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| | | ‘(2) | For the purposes of section 3(1)(c)(v) of the 1971 Act any condition imposed |
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| | | upon residence must be reasonable in all circumstances.’. |
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| | Clause 16, page 9, line 16, at end add— |
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| | | ‘(2) | A condition about residence shall not apply if— |
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| | | (a) | the residence is more than 25 miles from the nearest reporting centre; or |
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| | | (b) | for employment purposes, a different location is more suitable.’. |
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| | Clause 16, page 9, line 16, at end add— |
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| | | ‘(2) | 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 the operation |
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| | Clause 16, page 9, line 16, at end add— |
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| | | ‘(2) | After section 3(1)(c) of that Act insert— |
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| | | “(d) | A condition about reporting or residence under paragraph (c) above shall |
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| | | not apply if the person is under the age of 18.”’. |
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| | Clause 16, page 9, line 16, at end add— |
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| | | ‘(2) | Any person granted limited leave to remain shall be allowed to seek employment |
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| | | from two months after an appeal has been lodged. |
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| | | (3) | Any benefits received by a person granted limited leave to remain shall take |
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| | | account of earned income.’. |
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| | | Clause Agreed to on division. |
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| | Clause 17, page 9, line 27, leave out ‘can bring’ and insert ‘has brought’. |
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| | Clause 17, page 9, line 36, leave out paragraph (b). |
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| | Clause 17, page 9, line 37, at end insert— |
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| | | ‘(3A) | For the purposes of the provisions mentioned in subsection (1)(a) and (b), a |
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| | | person’s status as an asylum-seeker by virtue of subsection (2)(b) continues for a |
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| | | prescribed period after the appeal ceases to be pending. |
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| | | (3B) | In subsection (3A) “prescribed” means prescribed by regulations made by the |
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| | | Secretary of State; and the regulations— |
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| | | (a) | may contain incidental or transitional provision, |
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| | | (b) | may make different provision for different classes of case, |
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| | | (c) | shall be made by statutory instrument, and |
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| | | (d) | shall be subject to annulment in pursuance of a resolution of either House |
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| | Page 9, line 17, leave out Clause 17. |
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| | | Clause, as amended, Agreed to on division. |
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| | Clause 18, page 10, leave out lines 2 to 5. |
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| | Clause 18, page 10, line 3, after ‘officer’, insert ‘designated under section 1 of the |
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| | Clause 18, page 10, line 3, after ‘the’, insert ‘designated’. |
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