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Session 2006-07
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Notices of Amendments


given on

Wednesday 2nd May 2007

      For other Amendment(s) see the following page(s) of Supplement to Votes:
      581, 619 and 641-44

Consideration of Bill


UK Borders Bill, As Amended


Leave to remain: spouses and partners

Philip Davies
Sir Nicholas Winterton

NC8

    To move the following Clause:—

      ‘(1) The Immigration Act 1971 (c. 77) is amended as follows.

      (2) After section 3(2) (immigration rules), insert—

      “(2A) Nothing in the rules made under paragraph (2) shall prevent a person being granted leave to remain in the United Kingdom for the purposes of marriage or civil partnership providing that he is—

        (a) aged 21 years or more, and

        (b) of full capacity.”’.

Secretary John Reid

16

Page 4, line 29 [Clause 5], at end insert—

      ‘(4A) Regulations under subsection (1)(b) may not make provision the effect of which would be to require a person to carry a biometric immigration document at all times.’.

Secretary John Reid

17

Page 19, line 24 [Clause 37], leave out ‘(whether or not’ and insert ‘(unless’.

Secretary John Reid

18

Page 19, line 24 [Clause 37], at end insert ‘or any part of it (of whatever length)’.

Secretary John Reid

19

Page 19, line 40 [Clause 37], leave out ‘(whether or not’ and insert ‘(unless’.

Secretary John Reid

20

Page 19, line 40 [Clause 37], at end insert ‘or any part of it’.

Secretary John Reid

21

Page 20, line 18 [Clause 38], leave out ‘“(whether or not’ and insert ‘“unless’.

Secretary John Reid

22

Page 20, line 19 [Clause 38], after ‘sentence’, insert ‘or any part of it’.

Secretary John Reid

23

Page 23, line 40 [Clause 43], leave out second ‘or’.

Secretary John Reid

24

Page 23, line 41 [Clause 43], at end insert ‘, or

          (iii) premises on which the individual was, immediately before being arrested.’.

Secretary John Reid

25

Page 24, line 19 [Clause 43], leave out subsection (6).

Secretary John Reid

26

Page 24, line 28 [Clause 44], after ‘43’, insert ‘or [Search for evidence of nationality: other premises]’.

Secretary John Reid

27

Page 29, line 19 [Clause 56], at end insert ‘or whose sentences are suspended at the time of commencement;’.

Search for evidence of nationality: other premises

Secretary John Reid

NC9

    To move the following Clause:—

      ‘(1) This section applies where an individual—

        (a) has been arrested on suspicion of the commission of an offence, and

        (b) has not been released without being charged with an offence.

      (2) If, on an application made by an immigration officer or a constable, a justice of the peace is satisfied that there are reasonable grounds for believing that—

        (a) the individual may not be a British citizen,

        (b) nationality documents relating to the individual may be found on premises specified in the application,

        (c) the documents would not be exempt from seizure under section 44(2), and

        (d) any of the conditions in subsection (3) below applies,

      the justice of the peace may issue a warrant authorising an immigration officer or constable to enter and search the premises.

      (3) The conditions are that—

        (a) it is not practicable to communicate with any person entitled to grant entry to the premises;

        (b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the nationality documents;

        (c) entry to the premises will not be granted unless a warrant is produced;

        (d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer or constable arriving at the premises can secure immediate entry.

      (4) Sections 28J and 28K of the Immigration Act 1971 (c. 77) (warrants: application and execution) apply, with any necessary modifications, to warrants under this section.

      (5) In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.’.

Police civilians

Secretary John Reid

NC10

    To move the following Clause:—

      ‘In Part 2 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers exercisable by police civilians: investigating officers) after paragraph 18 (entry and search after arrest) insert—

    Entry and search for evidence of nationality after arrest

18A Where a designation applies this paragraph to any person—

      (a) sections 43 to 44 of the UK Borders Act 2007 (entry, search and seizure after arrest) shall apply to that person (with any necessary modifications) as if a reference to a constable included a reference to that person, and

      (b) a provision of the 1984 Act which applies to constables in connection with any of those sections shall apply (with any necessary modifications) to that person.”’.

Immigration and Population Commission

Dr Tony Wright
Mr Frank Field

NC11

    To move the following Clause:—

      ‘(1) There shall be a body corporate known as the Immigration and Population Commission (“the Commission”).

      (2) Schedule (Constitution of the Commission, proceedings, money etc.) shall have effect.

      (3) The Commission shall have responsibility for—

        (a) the production of statistics on population, immigration and asylum,

        (b) the conduct of research into the costs and benefits of immigration in terms of the United Kingdom economy, public services and social cohesion,

        (c) advice to the Secretary of State on levels of demand for skilled and unskilled labour that could be met by immigration,

        (d) advice to the Secretary of State on the costs and benefits for economic activity and wages, public services and social cohesion of levels and kinds of immigration, and

        (e) the dissemination of information on population, immigration and asylum for the purposes of increased public understanding and the making of public policy.’.

Dr Tony Wright
Mr Frank Field

NS1

    To move the following Schedule:—

‘Constitution of the Commission, proceedings, money etc.

Part 1

Constitution

    Membership

    1 (1) The Secretary of State shall point not less than 10 or more than 15 individuals as members of the Commission (to be known as Commissioners).

    (2) The chief executive of the Commission (appointed under paragraph 7) shall be a Commissioner ex officio.

    2 (1) In appointing Commissioners the Secretary of State shall—

      (a) appoint an individual only if he thinks that the individual—

(i) has experience or knowledge relating to a relevant matter, or (ii) is suitable for appointment for some other special reason, and

      (b) have regard to the desirability of the Commissioners together having experience and knowledge relating to the relevant matters.

    (2) For the purposes of sub-paragraph (1) the relevant matters are those matters in respect of which the Commission has responsibilities under section (Immigration and Population Commission).

    Tenure

    3 (1) A Commissioner shall hold and vacate office in accordance with the terms of his appointment (subject to this Schedule).

    (2) The appointment of a Commissioner must be expressed to be for a specified period of not less than two years or more than five years.

    (3) A Commissioner whose period of membership has expired may be re-appointed.

    (4) A Commissioner may resign by notice in writing to the Secretary of State.

    (5) The Secretary of State may dismiss a Commissioner who is, in the opinion of the Secretary of State, unable, unfit or unwilling to perform his functions.

    (6) This paragraph does not apply to the chief executive.

    Chairman

    4 (1) The Secretary of State shall appoint—

      (a) a Commissioner as Chairman, and

      (b) a Commissioner as deputy Chairman

    (2) The Chairman shall—

      (a) preside over meetings of the Commission,

      (b) perform such functions as may be specified in the terms of his appointment, and

      (c) perform such other functions as may be assigned to him by the Commission.

    (3) The deputy Chairman—

      (a) may act for the Chairman when he is unavailable, and

      (b) shall perform—

(i) such functions as may be specified in the terms of his appointment, and (ii) such other functions as the chairman may delegate or assign to him.

    (4) The Chairman or deputy Chairman—

      (a) shall vacate office if he ceases to be a Commissioner,

      (b) may resign by notice in writing to the Secretary of State, and

      (c) otherwise, shall hold and vacate office in accordance with the terms of his appointment (and may be reappointed).

    (5) If the Chairman resigns he shall cease to be a Commissioner (but he may be reappointed as a Commissioner).

    (6) The chief executive may not be appointed Chairman or deputy Chairman.

Part 2

Proceedings

    Procedure

5 The Commission may regulate its own proceedings (subject to this Schedule).

    6 (1) The Commission shall determine a quorum for its meetings.

    (2) At least five Commissioners must participate in the process by which a determination under sub-paragraph (1) is made.

    Staff

    7 (1) The Commission—

      (a) shall appoint a chief executive, and

      (b) shall appoint other staff.

    (2) A person may be appointed under sub-paragraph (1)(a) only with the consent of the Secretary of State.

    (3) An appointment may be made under sub-paragraph (1)(b) only if consistent with arrangements determined by the Commission and approved by the Secretary of State as to—

      (a) numbers, and

      (b) terms and conditions of appointment.

    Reports

    8 (1) The Commission shall for each financial year prepare a report on the performance of its functions in that year (to be known as its annual report).

    (2) The Commission shall send each annual report to the Secretary of State within such period, beginning with the end of the financial year to which the report relates, as he may specify.

    (3) The Secretary of State shall lay before Parliament a copy of each annual report received under sub-paragraph (2).

    9 (1) In addition to reports produced under paragraph 8, the Commission may prepare such additional reports on any of its functions and responsibilities as it sees fit.

    (2) The Commission shall send each report prepared under sub-paragraph (1) to the Secretary of State within a period of four weeks beginning with the day on which the report was agreed by the Commission.

    (3) The Secretary of State shall lay before Parliament a copy of each report received under sub-paragraph (2).

    Savings

10 The validity of proceedings of the Commission shall not be affected by—

      (a) a vacancy (whether for Commissioner, Chairman, deputy Chairman or chief executive), or

      (b) a defect in relation to an appointment.

Part 3

Money

    Remuneration, &c.

    11 (1) The Commission may pay to the Chairman, deputy Chairman or another Commissioner—

      (a) such remuneration as the Secretary of State may determine, and

      (b) such travelling and other allowances as the Secretary of State may determine.

    (2) The Commission may pay to, or in respect of the Chairman, deputy Chairman or another Commissioner such sums as the Secretary of State may determine by way of, or in respect of, pensions, allowances or gratuities.

    (3) If the Secretary of State thinks that there are special circumstances that make it right for a person ceasing to hold office as Chairman, deputy Chairman or Commissioner to receive compensation, the Commission may pay to him such compensation as the Secretary of State may determine.

    (4) This paragraph does not apply to the Chief Executive.

    12 (1) The Commission may pay sums to or in respect of a member or former member of staff by way of or in respect of—

      (a) remuneration,

      (b) allowances,

      (c) pensions,

      (d) gratuities, or

      (e) compensation for loss of employment.

    (2) In Schedule 1 to the Superannuation Act 1972 (c. 11) (employment to which superannuation schemes may extend) in the list of other bodies insert at the appropriate place—

      (a) “The Immigration and Population Commission.”

    (3) The Commission shall pay to the Minister for the Civil Service such sums as he may determine in respect of any increase attributable to sub-paragraph (2) in the sums payable out of money provided by Parliament under the Superannuation Act 1971 (c. 11).

    Funding by Secretary of State

13 The Secretary of State shall pay to the Commission such sums as appear to the Secretary of State reasonably sufficient for the purpose of enabling the Commission to perform its functions.

    Accounts

    14 (1) The Commission shall—

      (a) keep proper accounting records, and

      (b) prepare a statement of accounts in respect of each financial year in such form as the Secretary of State may direct.

    (2) The Commission shall send a copy of a statement under sub-paragraph (1)(b) to—

      (a) the Secretary of State, and

      (b) the Comptroller and Auditor General.

    (3) A copy of a statement must be sent under sub-paragraph (2) within such period, beginning with the end of the financial year to which the statement relates, as the Secretary of State may direct.

    (4) The Comptroller and Auditor General shall—

      (a) examine, certify and report on a statement received under this paragraph, and

      (b) lay a copy of the statement and his report before Parliament.

    (5) The Secretary of State may make a direction under sub-paragraph (1)(b) only with the consent of the Treasury.

    Financial year

    15 (1) The financial year of the Commission shall be the period of 12 months ending with 31st March.

    (2) But the first financial year of the Commission shall be the period—

      (a) beginning with the coming into force of section (Immigration and Population Commission), and

      (b) ending with—

(i) the following 31st March, if section (Immigration and Population Commission) comes into force on 1st April, and (ii) the second following 31st March, in any other case.’.

Children: exemption from reporting and residence conditions

Damian Green
Mr Crispin Blunt

NC12

    To move the following Clause:—

      ‘After section 3(1) of the Immigration Act 1971 (c. 77) (limited leave to enter or remain) insert—

      “(1A) A child making an asylum claim or a human rights claim whilst he is under the age of 18 shall not be subject to the conditions in subparagraph (1)(c)(iv) and (v) above until he reaches the age of 18.

      (1B) For the purposes of this section ‘asylum claim’ and ‘human rights claim’ have the same meaning as in section 113 of the Nationality, Immigration and Asylum Act 2002 (c. 41).”’.


 
 
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Prepared: 3 May 2007