Public Bill Committee: 9 June 2009

30

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

See Member's explanatory statement for amendment 27.

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.

Tom Brake

Paul Rowen

39

Clause  30,  page  23,  line  26,  at end insert—

‘(2B)

Regulations made under subsection (1) or (2) (a) may make provision conferring

functions on the Independent Police Complaints Commission in respect of the

exercise of immigration functions, customs functions and the provision of

services pursuant to arrangements relating to the discharge of those functions

whether in the UK or overseas.’.

Member’s explanatory statement

This amendment ensures that complaints can be made to the IPCC about the conduct not only of

customs officials but also of immigration officials both within and outside the UK.

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.

Public Bill Committee: 9 June 2009

31

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

Mr Damian Green

Mr Crispin Blunt

43

Clause  39,  page  29,  line  7,  after ‘any person’, insert ‘who came to the UK under the

Highly Skilled Migrants Programme’.

Mr Damian Green

Mr Crispin Blunt

44

Clause  39,  page  29,  line  9,  after ‘any person’, insert ‘who came to the UK under the

Highly Skilled Migrants Programme’.

Mr Phil Woolas

30

Page  29,  line  4,  leave out Clause 39.

Mr Damian Green

Mr Crispin Blunt

45

Clause  42,  page  34,  line  42,  at end insert—

‘(c)	has participated in activities of benefit to the individual applicant, the

host organisation and the wider community.’.

Mr Damian Green

Mr Crispin Blunt

46

Clause  42,  page  34,  line  42,  at end insert—

‘(6)	The activity condition can be completed at any point during an applicant’s arrival

in this country or the subsequent probationary citizenship stage.’.

Mr Damian Green

Mr Crispin Blunt

47

Clause  42,  page  35,  line  36,  after ‘Parliament’, insert ‘This resolution shall be

under the affirmative procedure’.

Mr Phil Woolas

31

Page  43,  line  18,  leave out Clause 51.

Public Bill Committee: 9 June 2009

32

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.

Public Bill Committee: 9 June 2009

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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.

Public Bill Committee: 9 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.

Public Bill Committee: 9 June 2009

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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.’.

Amendment of the immigration rules relating to Gurkhas

Tom Brake

Paul Rowen

NC5

To move the following Clause:—

‘(1)	The Immigration Rules, as laid before Parliament under section (3)(2) of the

Immigration Act 1971 (c.77), are amended as follows—

“(2)	In Rule 276F (requirements for indefinite leave to enter the United

Kingdom as a Gurkha discharged from the British Army) omit

paragraphs (ii) and (iii).

(3)	In Rule 276I (requirements for indefinite leave to remain in the United

Kingdom as a Gurkha discharged from the British Army) omit

paragraphs (ii) and (iii).

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.

Public Bill Committee: 9 June 2009

36

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

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 9 June 2009