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207

 

House of Commons

 
 

Wednesday 9th May 2007

 

Report Stage Proceedings

 

UK Borders Bill, As Amended


 

NEW CLAUSEs

 

Search for evidence of nationality: other premises

 

Secretary John Reid

 

Added  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.


 
 

Report Stage Proceedings: 9th May 2007                  

208

 

UK Borders Bill, continued

 
 

(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

 

Added  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.”’.

 


 

Deportation orders: provision of information

 

Mr David Kidney

 

Withdrawn  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.’.

 


 

Immigration service: welfare of children

 

Mr Damian Green

 

Paul Rowen

 

John Hemming

 

Mr Anthony Steen

 

Negatived on division  NC2

 

To move the following Clause:—


 
 

Report Stage Proceedings: 9th May 2007                  

209

 

UK Borders Bill, continued

 
 

‘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.’”.

 


 

Creation of a UK Border Police Force

 

Damian Green

 

Mr Crispin Blunt

 

Not selected  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.’.

 



 
 

Report Stage Proceedings: 9th May 2007                  

210

 

UK Borders Bill, continued

 
 

Verification of identity

 

Philip Davies

 

Sir Nicholas Winterton

 

Negatived  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.’.

 


 

Limit on immigration

 

Philip Davies

 

Sir Nicholas Winterton

 

Not called  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.’.

 


 

Asylum seekers: provision of secure accommodation during application process

 

Philip Davies

 

Sir Nicholas Winterton

 

Not called  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—


 
 

Report Stage Proceedings: 9th May 2007                  

211

 

UK Borders Bill, continued

 
 

(a)    

under the age of 18, or

 

(b)    

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

 


 

Leave to remain: spouses and partners

 

Philip Davies

 

Sir Nicholas Winterton

 

Not called  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.”’.

 


 

Immigration and Population Commission

 

Dr Tony Wright

 

Mr Frank Field

 

Paul Rowen

 

John Hemming

 

Not called  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


 
 

Report Stage Proceedings: 9th May 2007                  

212

 

UK Borders Bill, continued

 
 

(e)    

the dissemination of information on population, immigration and asylum

 

for the purposes of increased public understanding and the making of

 

public policy.’.

 


 

Children: exemption from reporting and residence conditions

 

Damian Green

 

Mr Crispin Blunt

 

Paul Rowen

 

John Hemming

 

Mr Anthony Steen

 

Not called  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).”’.

 


 

Asylum seekers

 

Jon Cruddas

 

Mr Neil Gerrard

 

Lynne Jones

 

Not selected  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;


 
 

Report Stage Proceedings: 9th May 2007                  

213

 

UK Borders Bill, continued

 
 

(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

 

Jon Cruddas

 

Mr Neil Gerrard

 

Lynne Jones

 

Not selected  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

 

Jon Cruddas

 

Mr Neil Gerrard

 

Lynne Jones

 

Not selected  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—


 
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