UK Borders Bill, As Amended - continued          House of Commons

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Keith Vaz

2

Page 16, line 37 [Clause 32], leave out ‘conviction’ and insert ‘the offence’.


Damian Green
Mr Crispin Blunt

14

Page 17, line 32 [Clause 33], leave out from ‘requires’ to end of line 33 and insert ‘the Secretary of State to—

        (a) make a deportation order no less than one month before the end of the individual’s sentence, and

        (b) ensure the deportation of an individual against whom a deportation order has been made occurs not more than six months after the making of the order.’.


Damian Green
Mr Crispin Blunt

9

Page 19, line 21 [Clause 37], leave out subsection (1).

Damian Green
Mr Crispin Blunt

10

Page 19, line 23 [Clause 37], leave out paragraphs (a) and (b).

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]’.


Damian Green
Mr Crispin Blunt

11

Page 25, line 35 [Clause 45], leave out from ‘Inspector’ to end of line 38 and insert ‘may investigate individual cases of his own choosing.’.


Damian Green
Mr Crispin Blunt

12

Page 26, line 17 [Clause 47], at end insert—

        ‘(ab) at other times, on each investigation carried out under the provisions of section 45(4), and within 28 days of the conclusion of such an investigation, and’.


Damian Green
Mr Crispin Blunt

13

Page 28, line 37 [Clause 56], at end insert—

      ‘(1A) Section 30 shall come into force one month after this Act is passed.’.


Secretary John Reid

27

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


New Schedule

Dr Tony Wright
Mr Frank Field
Paul Rowen
John Hemming

NS1

    To move the following Schedule:—

‘Constitution of the Commission, proceedings, money etc.

Part 1

Constitution

    Membership

    1 (1) The Secretary of State shall appoint 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.’.

ORDER OF THE HOUSE [5TH JANUARY 2007]

       The following provisions shall apply to the UK Borders Bill:

Committal

        1. The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

        2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 22nd March 2007.

        3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

        4. Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

        5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

        6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on consideration and Third Reading.

Other proceedings

        7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.

NOTICE WITHDRAWN

The following Notice has been withdrawn:

Application for naturalisation of a British citizen: spouses and partners

Philip Davies
Sir Nicholas Winterton

NC3

    To move the following Clause:—

      ‘(1) The British Nationality Act 1981 (c. 61) is amended as follows.

      (2) In section 6(2) (acquisition of British nationality by naturalisation by a spouse or partner), for “of full age and capacity” substitute “aged 21 years or more and of full capacity”.’.


 
 
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Prepared: 8 May 2007