Notices of Amendments: 5 June 2009

18

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

Mr Phil Woolas

32

Page  44,  line  30,  leave out Clause 55.

Tom Brake

Paul Rowen

1

Clause  57,  page  45,  line  22,  after ‘Kingdom’, insert ‘or the responsibility of the UK

Government or UK agencies abroad’.

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.

Notices of Amendments: 5 June 2009

19

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

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.

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.

new clauses

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

“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.

Notices of Amendments: 5 June 2009

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

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.

The Ilois: citizenship

Tom Brake

Paul Rowen

NC1

To move the following Clause:—

‘In section 6 of the British Overseas Territories Act 2002 (c. 8) (The Ilois:

citizenship) omit subsection (2).’.

Establishment of UK Border Police Force

Damian Green

Mr Crispin Blunt

NC2

To move the following Clause:—

‘(1)	There shall be a body corporate to be known as the UK Border Police Force.

Notices of Amendments: 5 June 2009

21

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

(2)	The UK Border Police Force shall have the functions of—

(a)	detecting and removing illegal overstayers;

(b)	protecting UK borders;

(c)	investigating suspected 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)	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.

(4)	Bodies to be consulted under subsection (3)(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 may determine.’.

Order of the House [2 JUNE 2009]

That the following provisions shall apply to the Borders, Citizenship and Immigration

Bill [Lords]:

Committal

1.	The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.	Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 18 June 2009.

3.	The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.	Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.	Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.	Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.	Any other proceedings on the Bill (including any proceedings on

consideration of any message from the Lords) may be programmed.

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Revised 8 June 2009