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5

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 4 June 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

Borders, Citizenship and Immigration Bill Committee 1-4

 

Public Bill Committee


 

Borders, Citizenship and Immigration Bill [Lords]

 

Mr Phil Woolas

 

That, subject to the discretion of the Chairman, any written evidence received by the

 

Committee shall be reported to the House for publication.

 


 

Mr Phil Woolas

 

18

 

Clause  1,  page  2,  line  17,  after ‘section’ insert ‘(other than in subsection (8))’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment 19

 

Mr Phil Woolas

 

19

 

Clause  1,  page  2,  line  36,  leave out from ‘means’ to end of line 37 and insert ‘—

 

(a)    

a function that is exercisable—

 

(i)    

by the Secretary of State by virtue of this section, or

 

(ii)    

by general customs officials by virtue of section 3,

 

(b)    

a function that is conferred on general customs officials or the Secretary

 

of State by or by virtue of any of sections 22 to 24 (investigations and

 

detention), or

 

(c)    

a function under Community law that is exercisable by the Secretary of

 

State or general customs officials in relation to a matter—

 

(i)    

in relation to which functions under Community law are

 

exercisable by the Commissioners or officers of Revenue and

 

Customs, and

 

(ii)    

that is not listed in paragraphs (a) to (e) of subsection (2).’.

 

Member’s explanatory statement

 

This amendment defines the “general customs functions” exercisable by the Secretary of State and


 
 

Notices of Amendments: 4 June 2009                     

6

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

general customs officials, including functions under Community law, so that clauses 14 to 21 apply

 

to information generated in the exercise of those functions.

 

Mr Phil Woolas

 

20

 

Clause  2,  page  3,  line  6,  at end insert—

 

‘( )    

make provision for a function of the Secretary of State or general customs

 

officials to be treated, or not to be treated, as a general customs function.’.

 

Member’s explanatory statement

 

This amendment is related to amendment 19 and provides the Secretary of State with power to

 

modify, by order, the definition of “general customs function” to include or exclude, as appropri­

 

ate, particular functions.

 

Mr Phil Woolas

 

21

 

Clause  5,  page  4,  line  41,  leave out from ‘of’ to end of line 41 and insert ‘general

 

customs functions.’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment 19.

 

Mr Phil Woolas

 

22

 

Clause  7,  page  6,  line  21,  leave out from ‘means’ to end of line 22 and insert ‘—

 

(a)    

a function that is exercisable—

 

(i)    

by the Director by virtue of this section, or

 

(ii)    

by customs revenue officials by virtue of section 11,

 

(b)    

a function that is conferred on customs revenue officials or the Director

 

by or by virtue of any of sections 22 to 24 (investigations and detention),

 

or

 

(c)    

a function under Community law that is exercisable by the Director or

 

customs revenue officials in relation to a customs revenue matter.’.

 

Member’s explanatory statement

 

This amendment is similar to amendment 19, making provision in respect of the meaning of “cus­

 

toms revenue functions” which may be exercised by the Director of Border Revenue and customs

 

revenue officials.

 

Mr Phil Woolas

 

23

 

Clause  9,  page  6,  line  38,  leave out from ‘Director’ to end of line 39.

 

Member’s explanatory statement

 

This amendment is consequent on amendment 22.

 

Mr Phil Woolas

 

24

 

Clause  10,  page  7,  line  8,  leave out ‘functions in relation to customs revenue

 

matters’ and insert ‘customs revenue functions’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment 22.

 

Mr Phil Woolas

 

25

 

Clause  13,  page  9,  line  3,  leave out from ‘of’ to end of line 4 and insert ‘customs

 

revenue functions.’.


 
 

Notices of Amendments: 4 June 2009                     

7

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

Member’s explanatory statement

 

This amendment is consequent on amendment 22.

 

Mr Phil Woolas

 

26

 

Clause  26,  page  20,  line  7,  leave out from ‘means’ to end of line 8 and insert ‘a

 

function which before the passing of this Act was exercisable by the Commissioners or

 

officers of Revenue and Customs (whether or not it remains so exercisable) and that—

 

(a)    

is conferred by or by virtue of this Part on the Secretary of State, the

 

Director or a designated customs official, or

 

(b)    

is a function under Community law that is exercisable by the Secretary

 

of State, the Director or a designated customs official;’.

 

Member’s explanatory statement

 

This amendment provides that clause 26 (Transfer schemes) applies to things done by the Secre­

 

tary of State, the Director or designated customs officials in connection with a relevant function

 

as previously exercised by the Commissioners or an officer of Revenue and Customs, including

 

things done under Community law.

 

Mr Phil Woolas

 

27

 

Clause  28,  page  21,  line  5,  at end insert ‘, and

 

( )    

after paragraph (g) insert—

 

“(ga)    

practice and procedure in relation to the prevention,

 

detection and investigation of offences,

 

(gb)    

practice and procedure in relation to the conduct of

 

criminal proceedings,

 

(gc)    

whether customs functions have been appropriately

 

exercised by the Secretary of State and the Director of

 

Border Revenue,”.’.

 

Member’s explanatory statement

 

This amendment, with amendment 28, requires the independent Chief Inspector to monitor and re­

 

port on (i) UKBA's practice and procedure in relation to criminal matters, both immigration- and

 

customs-related, and (ii) whether customs functions are being appropriately exercised by the Sec­

 

retary of State and Director of Border Revenue.

 

Mr Phil Woolas

 

28

 

Clause  28,  page  21,  leave out lines 7 to 15.

 

Member’s explanatory statement

 

See Member's explanatory statement for amendment 27.

 

Mr Phil Woolas

 

29

 

Clause  38,  page  28,  line  16,  at end insert—

 

‘“Community law” means—

 

(a)    

all the rights, powers, liabilities, obligations and restrictions

 

from time to time created or arising by or under the Community

 

Treaties, and

 

(b)    

all the remedies and procedures from time to time provided for

 

by or under the Community Treaties,

 

as in accordance with the Community Treaties are without further

 

enactment to be given legal effect or used in the United Kingdom;’.

 

Member’s explanatory statement


 
 

Notices of Amendments: 4 June 2009                     

8

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

This amendment provides a definition of “Community law” for the purposes of Part 1, which is a

 

term used in amendments 19, 22 and 26.

 

Mr Phil Woolas

 

30

 

Page  29,  line  4,  leave out Clause 39.

 

Mr Phil Woolas

 

31

 

Page  43,  line  18,  leave out Clause 51.

 

Mr Phil Woolas

 

32

 

Page  44,  line  30,  leave out Clause 55.

 

Mr Phil Woolas

 

33

 

Clause  59,  page  46,  line  31,  leave out ‘55’ and insert ‘[Transfer of immigration or

 

nationality judicial review applications]’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment NC4.

 

Mr Phil Woolas

 

34

 

Clause  60,  page  47,  line  1,  leave out ‘51 (entry otherwise than by sea or air:

 

immigration control)’ and insert ‘[Common Travel Area] (Common Travel Area)’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment NC3.

 

Mr Phil Woolas

 

35

 

Clause  60,  page  47,  line  8,  leave out ‘55 (fresh claim applications)’ and insert

 

‘[Transfer of immigration or nationality judicial review applications] (transfer of

 

immigration or nationality judicial review applications)’.

 

Member’s explanatory statement

 

This amendment is consequent on amendment NC4.

 

Mr Phil Woolas

 

36

 

Clause  61,  page  47,  line  38,  leave out subsection (2).

 

Member’s explanatory statement

 

This amendment leaves out the common-form provision inserted by the House of Lords at Third

 

Reading to avoid infringing the financial privileges of the House of Commons.

 

Common Travel Area

 

Mr Phil Woolas

 

NC3

 

To move the following Clause:—

 

‘(1)    

In section 1(3) of the Immigration Act 1971 (c. 77) (general principles: the

 

common travel area), for the words from the beginning to “a person” substitute


 
 

Notices of Amendments: 4 June 2009                     

9

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

“A person who arrives in the United Kingdom on a local journey from any of the

 

Islands or the Republic of Ireland shall not”.

 

(2)    

In section 11(2) of that Act (meaning of disembark and embark), in paragraphs

 

(a) and (b), omit “or elsewhere in the common travel area”.’.

 

Member’s explanatory statement

 

This amendment reinstates the clause as introduced. It removes provision in the Immigration Act

 

1971 stating that persons arriving in/departing from the UK from/to another part of the CTA are

 

not subject to control and changes the definition of disembark and embark in relation to the CTA.

 

Transfer of immigration or nationality judicial review applications

 

Mr Phil Woolas

 

NC4

 

To move the following Clause:—

 

‘(1)    

In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales:

 

transfer from the High Court to the Upper Tribunal)—

 

(a)    

in subsection (2), for “, 3 and 4” substitute “and 3”,

 

(b)    

in subsection (3), for “, 2 and 4” substitute “and 2”, and

 

(c)    

omit subsection (7).

 

(2)    

In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern

 

Ireland: transfer from the High Court to the Upper Tribunal)—

 

(a)    

in subsection (2), for “, 3 and 4” substitute “and 3”,

 

(b)    

in subsection (3), for “, 2 and 4” substitute “and 2”, and

 

(c)    

omit subsection (7).

 

(3)    

In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15)

 

(Scotland: transfer from the Court of Session to the Upper Tribunal)—

 

(a)    

in subsection (1)(a), for “, 2 and 4” substitute “and 2”,

 

(b)    

in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and

 

(c)    

omit subsection (5).’.

 

Member’s explanatory statement

 

This amendment reinstates the clause as introduced. It removes restrictions on transferring judi­

 

cial review applications, with the effect that, subject to the other specified restrictions, judicial re­

 

view applications relating to immigration or nationality decisions can be transferred to the Upper

 

Tribunal.

 

Mr Phil Woolas

 

37

 

Schedule,  page  48,  line  34,  at end insert—

 

Immigration Act 1971 (c. 77)

In section 11(2), in paragraphs (a) and (b), the words

 
  

“or elsewhere in the common travel area”.’.

 
 

Member’s explanatory statement

 

This amendment is consequent on amendment NC3.


 
 

Notices of Amendments: 4 June 2009                     

10

 

Borders, Citizenship and Immigration Bill [Lords] continued

 
 

Mr Phil Woolas

 

38

 

Schedule,  page  49,  line  3,  at end insert—

 

Judicature (Northern Ireland) Act

Section 25A(7).

 
 

1978 (c. 23)

  
 

Supreme Court Act 1981 (c. 54)

Section 31A(7).

 
 

Tribunals, Courts and Enforcement

Section 20(5).’.

 
 

Act 2007 (c. 15)

  
 

Member’s explanatory statement

 

This amendment is consequent on amendment NC4.

 


 
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