|
|
| |
| |
|
| |
| |
| UK Borders Bill, As Amended
|
|
| |
| | Search for evidence of nationality: other premises |
|
| |
| | |
| 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), |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
|
|
| |
| |
|
| | (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.’. |
|
| |
| | |
| |
| | |
| 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 |
|
| | |
| | “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 |
|
| |
| | |
| 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 |
|
| |
| |
| |
| |
| | Negatived on division 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.’”. |
|
| |
| | Creation of a UK Border Police Force |
|
| |
| |
| | |
| 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 |
|
| | |
| | (4) | Before making an order under subsection (2)(e) the Secretary of State shall— |
|
| | |
| | (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 |
|
| | |
| |
|
|
| |
| |
|
| | |
| |
| |
| | |
| 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.’. |
|
| |
| | |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| |
| |
| | |
| 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) |
|
| | |
| | “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 |
|
| | |
| | (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.”’. |
|
| |
| | Leave to remain: spouses and partners |
|
| |
| |
| | |
| 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 |
|
| | |
| |
| | Immigration and Population Commission |
|
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| |
| | Children: exemption from reporting and residence conditions |
|
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 3(1) of the Immigration Act 1971 (c. 77) (limited leave to enter or |
|
| | |
| | “(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).”’. |
|
| |
| | |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (e) | who is subject to immigration control but does not currently have leave |
|
| | |
| | (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).’. |
|
| |
| | |
| |
| |
| |
| | |
| 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”.’. |
|
| |
| | |
| |
| |
| |
| | |
| 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— |
|
|