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.

---

Revised 5 June 2009