House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Wednesday 9th May 2007

Consideration of Bill

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New Amendments handed in are marked thus *

UK Borders Bill, As Amended

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NEW CLAUSES

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.’.

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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.”’.

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Deportation orders: provision of information

Mr David Kidney

NC1

To move the following Clause:—

‘The Secretary of State shall comply with any request for information from the victim of an offence about a deportation order made under the provisions of section 31(5) in respect of the person convicted of that offence.’.

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Immigration service: welfare of children

Mr Damian Green
Paul Rowen
John Hemming
Mr Anthony Steen

NC2

To move the following Clause:—

‘In section 11(1) of the Children Act 2004 (c.31), after paragraph (m) insert—

“(n) a regional office of the National Asylum Support Service;

(o) the centre manager of an immigration removal centre;

(p) the Chief Immigration Officer at a port of entry.’”.

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Creation of a UK Border Police Force

Damian Green
Mr Crispin Blunt

NC4

To move the following Clause:—

‘(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 United Kingdom borders;

(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;

(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

(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

(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;

(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.

(6) The Secretary of State shall pay to the UK Border Police force such sums as he believes reasonable and adequate for the UK Border Police force to perform its functions.’.

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Verification of identity

Philip Davies
Sir Nicholas Winterton

NC5

To move the following Clause:—

‘An immigration officer must ensure that any clothing covering the face, or part of the face, of an individual is removed for the purposes of verifying the identity of that individual upon entering or leaving the United Kingdom.’.

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Limit on immigration

Philip Davies
Sir Nicholas Winterton

NC6

To move the following Clause:—

‘(1) The Secretary of State must by order specify the maximum number of non-European Union nationals who may be granted leave to remain in the United Kingdom each year.

(2) An order under subsection (1) may contain such supplementary provisions as the Secretary of State considers necessary.

(3) An order under subsection (1) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.’.

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Asylum seekers: provision of secure accommodation during application process

Philip Davies
Sir Nicholas Winterton

NC7

To move the following Clause:—

‘In Part I of the Immigration Act 1971 (c. 77) (regulation of entry into and stay in United Kingdom) after section 3 (general provision for regulation and control) insert—

“3ZA Provision of secure accommodation during application process

(1) An applicant for asylum to whom this section applies shall be detained in secure accommodation for a maximum of 90 days while his application for asylum is processed.

(2) At the expiry of the period of 90 days specified in subsection (1), the Secretary of State shall find alternative accommodation for the applicant until such time as his application has been processed.

(3) This section does not apply to an applicant who is—

(a) under the age of 18, or

(b) the guardian of an applicant who is under the age of 18.”’.

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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.”’.

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Immigration and Population Commission

Dr Tony Wright
Mr Frank Field
Paul Rowen
John Hemming

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.’.

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Children: exemption from reporting and residence conditions

Damian Green
Mr Crispin Blunt
Paul Rowen
John Hemming
Mr Anthony Steen

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 subparagraphs (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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Asylum seekers

Jon Cruddas
Mr Neil Gerrard
Lynne Jones

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).’.

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Support arrangements

Jon Cruddas
Mr Neil Gerrard
Lynne Jones

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”.’.

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Provision of support

Jon Cruddas
Mr Neil Gerrard
Lynne Jones

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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Damian Green
Mr Crispin Blunt

3

Page 3, line 6 [Clause 4], leave out ‘an airport and a hoverport’ and insert ‘any place of departure from, or embarkation onto, any means of international transportation’.

Damian Green
Mr Crispin Blunt

4

Page 3, line 9 [Clause 4], leave out ‘a ship or aircraft’ and insert ‘any means of international transportation’.

Damian Green
Mr Crispin Blunt

5

Page 3, line 10 [Clause 4], leave out ‘a ship or aircraft’ and insert ‘any means of international transportation’.

Damian Green
Paul Rowen
John Hemming

1

Page 3, line 14 [Clause 5], after ‘person’ insert ‘aged 16 or over’.

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Damian Green
Mr Crispin Blunt

6

Page 4, line 25 [Clause 5], at end insert—

‘(3A) Regulations under subsection (1)(a) must not require an individual to carry a biometric document at all times.’.

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.’.

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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’.

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Damian Green
Mr Crispin Blunt

7

Page 8, line 22 [Clause 13], at end insert ‘but shall be published at least six months before the commencement of the provisions’.

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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.’.

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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.’.

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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.”’.

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Mr Anthony Steen

36

Page 15, line 37 [Clause 30], 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.”’.

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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.’.

Philip Davies
Sir Nicholas Winterton

15

Page 16, line 7 [Clause 31], leave out ‘of at least 12 months’.

Damian Green
Mr Crispin Blunt

8

Page 16, line 12 [Clause 31], after ‘criminal)’, insert ‘or is an immigration offence under the Immigration Acts’.

Prepared: 9 May 2007