House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

11

House of Commons

Notices of Amendments

given up to and including

Friday 5 June 2009

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bill Committee

Borders, Citizenship And Immigration Bill [Lords]

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

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

to information generated in the exercise of those functions.

Notices of Amendments: 5 June 2009
12

Borders, Citizenship And Immigration Bill-[ [], continued

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.

Damian Green

Mr Crispin Blunt

2

Clause  2,  page  3,  line  15,  at end add—

‘(4)
The Secretary of State must lay an annual report before both Houses of

Parliament detailing the amendments that have been made by order under

subsection (1).’.

Damian Green

Mr Crispin Blunt

3

Clause  3,  page  3,  line  20,  leave out from ‘officer’ to ‘as’ in line 22.

Damian Green

Mr Crispin Blunt

4

Clause  3,  page  3,  line  28,  leave out subsection (3).

Damian Green

Mr Crispin Blunt

5

Clause  4,  page  4,  line  29,  at end insert—

‘(3A)
Any designation made under this section must be approved by a resolution of both

Houses of Parliament.’.

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.

Notices of Amendments: 5 June 2009
13

Borders, Citizenship And Immigration Bill-[ [], continued

Damian Green

Mr Crispin Blunt

6

Clause  6,  page  5,  line  3,  leave out ‘must’ and insert ‘may’.

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.

Damian Green

Mr Crispin Blunt

7

Clause  9,  page  6,  line  37,  leave out ‘make arrangements to delegate’ and insert

‘designate by approval of the Secretary of State’.

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.

Notices of Amendments: 5 June 2009
14

Borders, Citizenship And Immigration Bill-[ [], continued

Damian Green

Mr Crispin Blunt

8

Clause  11,  page  7,  line  28,  at end insert—

‘(1A)
The Director of Border Revenue may not designate any official as a customs

revenue official unless they have been properly trained.’.

Mr Phil Woolas

25


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

revenue functions.’.

Member’s explanatory statement

This amendment is consequent on amendment 22.

Damian Green

Mr Crispin Blunt

9

Clause  14,  page  10,  line  7,  at end add—

‘(8)
Nothing in this Act shall enable any of the officers designated under this Part to

use any personal data of UK citizens to restrict their right to enter or leave the

United Kingdom for legitimate purposes.’.

Damian Green

Mr Crispin Blunt

10

Clause  20,  page  14,  leave out lines 19 and 20.

Damian Green

Mr Crispin Blunt

11

Clause  20,  page  14,  line  25,  leave out ‘consent (which may be general or specific)’

and insert ‘specific consent’.

Damian Green

Mr Crispin Blunt

12

Clause  20,  page  14,  line  29,  after ‘relates’, insert ‘exclusively’.

Notices of Amendments: 5 June 2009
15

Borders, Citizenship And Immigration Bill-[ [], continued

Damian Green

Mr Crispin Blunt

13

Clause  22,  page  17,  line  25,  at end add—

‘(10)
In the application of PACE orders by virtue of this section—

(a)
no person may be detained in an office of the UK Border Agency which

has not been designated as a police cell for a period exceeding three

hours;

(b)
no person may be detained in a police cell under powers granted to the

UK Border Agency for more than five days.’.

Damian Green

Mr Crispin Blunt

14

Clause  23,  page  18,  line  6,  leave out subsection (5) and add—

‘(5)
A designated immigration officer or a designated customs official at a port in

England, Wales or Northern Ireland may detain an individual if the immigration

officer thinks that the individual—

(a)
may be liable to arrest by a constable under section 24(1), (2), or (3) of

the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2)

or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989

(S.I., 1989/1341 (N.I. 12)), or

(b)
is subject to a warrant for arrest.

(6)
A designated immigration officer who detains an individual—

(a)
must arrange for a constable to attend as soon as is reasonably

practicable;

(b)
may search the individual for, and retain, anything that might be used to

assist escape or to cause physical injury to the individual or another

person;

(c)
must retain anything found on a search which the immigration officer

thinks may be evidence of the commission of an offence; and

(d)
must, when the constable arrives, deliver to the constable the individual

and anything retained on a search.

(7)
A designated immigration officer may use reasonable force for the purpose of

exercising a power under this section.

(8)
Where an individual whom a designated immigration officer has detained or

attempted to detain under this section leaves the port, a designated immigration

officer may—

(a)
pursue the individual, and

(b)
return the individual to the port.

(9)
Detention under this section shall be treated as detention under the Immigration

Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act

1999 (c. 33).’.

Notices of Amendments: 5 June 2009
16

Borders, Citizenship And Immigration Bill-[ [], continued

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.

Damian Green

Mr Crispin Blunt

15

Clause  26,  page  20,  line  8,  leave out from ‘State’ to end of line and insert ‘or the

Director’.

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.

Notices of Amendments: 5 June 2009
17

Borders, Citizenship And Immigration Bill-[ [], continued

Damian Green

Mr Crispin Blunt

16

Clause  28,  page  21,  leave out lines 16 to 26.

Damian Green

Mr Crispin Blunt

17

Page  22,  line  1,  leave out Clause 29.

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

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.