House of Commons Public Bill Committee Proceedings

House of Commons

Session 2006 - 07
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Other Bills before Parliament

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
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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
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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
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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
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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—