House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Notices of Amendments

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given on

Thursday 3rd May 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:
581, 619, 641-44 and 645-52

Consideration of Bill

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UK Borders Bill, As Amended

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Paul Rowen
John Hemming

28

Page 5, line 20 [Clause 7], after ‘may’, insert ‘, in so far as is compatible with duties arising under the European Convention on Human Rights, Conventions relating to the status of refugees and Community Treaties,’.

Paul Rowen
John Hemming

29

Page 9, line 24 [Clause 16], leave out from ‘State’ to end of line 25 and insert ‘where there is evidence that establishes on a serious basis that he is likely to abscond and that such a condition is necessary in the interests of public order, public safety, national security or for the prevention of crime; and

(v) a condition requiring him to reside at a specified address wherever there is evidence that establishes on a serious basis that he is likely to abscond and that such a condition is necessary in the interests of public order, public safety, national security or for the prevention of crime.”’.

Paul Rowen
John Hemming

30

Page 9, line 25 [Clause 16], at end insert—

‘(3A) Conditions under subsection (1)(c)(iv) and (v) above shall be applied only in so far as they are compatible with the European Convention on Human Rights and the obligations of the United Kingdom under the International Covenant on Civil and Political Rights 1966.”’.

Paul Rowen
John Hemming

31

Page 9, line 41 [Clause 17], at end insert—

‘(c) A-S is under the age of 18.’.

Paul Rowen
John Hemming

32

Page 10, line 13 [Clause 17], at end insert—

‘(7) Where his application for asylum has been rejected, A-S shall be given support under the provisions of section 4 of the Immigration and Asylum Act 1999 (c. 33) for a period of two weeks from the date on which the application was rejected.

(8) After the period of two weeks specified under subsection (7) has lapsed, A-S shall continue to be granted support under section 4 of the Immigration and Asylum Act 1999 (c. 33) if—

(a) A-S has completed a formal application for support, and

(b) a decision about the eligibility of A-S to receive such support has not yet been made.’.

Paul Rowen
John Hemming

33

Page 11, line 27 [Clause 19], at end insert—

‘(6) Rules under subsection (5) may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.”’.

Paul Rowen
John Hemming

34

Page 16, line 6 [Clause 31], leave out from ‘whom’ to end of line and insert ‘the condition under subsection (2) applies.’.

Paul Rowen
John Hemming

35

Page 16 [Clause 31], leave out lines 7 to 13 and insert—

‘(2) The Condition is that, in the opinion of the sentencing judge, there is no public interest or other lawful reason why the person should remain in the United Kingdom.’.

Mr Anthony Steen

36

Page 15, line 37 [Clause 27], at end insert—

‘(5) In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) after subsection (5) add—

“(6) If there are reasonable grounds to believe that a person has been the victim of trafficking in human beings, that person shall not be removed from the UK until the process of identifying the person as a victim of an offence has been completed.

(7) If an unaccompanied child is identified as a victim of trafficking, the Secretary of State shall—

(a) provide for representation of the child by a legal guardian, organisation or authority which shall act in the best interests of that child;

(b) take the necessary steps to establish the identity and nationality of the child; and

(c) make every effort to locate the family of the child when the Secretary of State determines that this is in the best interests of the child.

(8) If an individual has been identified as a victim of trafficking the Secretary of State shall allow a recovery and reflection period of not less than 30 days.

(9) During the reflection period established under subsection (8) it shall not be possible to enforce any expulsion order against that person and the Secretary of State shall authorise the persons concerned to stay in the UK.”’.

Asylum seekers

John Cruddas
Mr Neil Gerrard

NC13

To move the following Clause:—

‘(1) This section applies for the purposes of—

(a) Section 4 (accommodation) and Part VI (support and accommodation for asylum seekers) of the Immigration and Asylum Act 1999 (c. 33),

(b) Part II (accommodation centres) of the Nationality, Immigration and Asylum Act 2002 (c. 41), and

(c) Schedule 3 (withholding and withdrawal of support) to the Nationality, Immigration and Asylum Act 2002 (c. 41).

(2) In section 94(1) (interpretation of Part IV) of the Immigration and Asylum Act 1999 (c. 33) and paragraph 17(1) of Schedule 3 (withholding and withdrawal of support) to the Nationality, Immigration and Asylum Act 2002 (c. 41), 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); and

(b) paragraphs 6, 7A and 17(2) and (3) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41).’.

Support arrangements

John Cruddas
Mr Neil Gerrard

NC14

To move the following Clause:—

‘(1) Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) is hereby repealed.

(2) In Regulation 4(1)(c) of the National Health Service (Charges to Overseas Visitors) Regulations 1989 (S.I., 1989, No. 306)—

(a) after “who has been accepted as a refugee” insert “or under the European Convention on Human Rights”, and

(b) leave out “which has not yet been determined”.’.

Provision of support

Mr Neil Gerrard

NC15

To move the following Clause:—

‘(1) The Immigration and Asylum Act 1999 (c. 33) is amended as follows.

(2) After section 95(1)(b) (persons for whom support may be provided) insert—

“(c) any person who was an asylum-seeker, or dependent of an asylum-seeker, whose application for leave to remain was declined but who remains in the United Kingdom.”.

(3) After section 98(1)(b) (temporary support) insert—

“(c) any person who was an asylum-seeker, or dependent of an asylum-seeker, whose application for leave to remain was declined but who remains in the United Kingdom.”.

(4) Section 97(1)(a) is hereby repealed.’.

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Prepared: 4 May 2007