House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

55

House of Commons

Tuesday 16 June 2009

Public Bill Committee

New Amendments handed in are marked thus

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

Borders, Citizenship and Immigration Bill [Lords]

Note

The Amendments have been arranged according to the Order of the Committee

[9 June 2009].

Mr Damian Green

Mr Crispin Blunt

56

Clause  48,  page  39,  line  3,  at end insert—

‘(4A)
In this section a person is not considered of good character if they have been

convicted of any offence that is triable on indictment.’.

Tom Brake

Paul Rowen

54

Clause  48,  page  39,  leave out lines 6 to 11.

Member’s explanatory statement

This amendment removes Hong Kong war wives and widows from the list of those who must satisfy

a good character requirement to register as British.

Mr Phil Woolas

31

Page  43,  line  18,  leave out Clause 51.

Public Bill Committee: 16 June 2009
56

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

Mr Damian Green

Mr Crispin Blunt

57

Clause  52,  page  43,  line  28,  at beginning insert ‘where leave is granted for the

purpose of studies in the United Kingdom,’.

Mr Damian Green

Mr Crispin Blunt

58

Clause  52,  page  43,  line  29,  at end insert—

‘(ib)
a condition restricting his studies to an education institution

registered as a sponsor of non-EU nationals.

(1A)
An educational institution registered as a sponsor of non-EU nationals must be

defined as a University, Institute, Royal College or College under the Company

and Business Names Regulations 1981 (S.I. 1981/1685).’.

Mr Damian Green

Mr Crispin Blunt

59

Clause  54,  page  44,  line  18,  leave out ‘thinks’ and insert ‘has reasonable

suspicion.’.

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 Damian Green

Mr Crispin Blunt

60

Clause  57,  page  46,  line  3,  at end insert—

‘(5A)
The Secretary of State shall collect and publish statistics regarding detention of

children during the relevant period, on a regular basis.’.

Public Bill Committee: 16 June 2009
57

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

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 Damian Green

Mr Crispin Blunt

61

Clause  60,  page  47,  line  35,  at end add—

‘(12)
If any part of this Act has not come into force within two years of it receiving

Royal Assent the Secretary of State shall report to Parliament the reasons.’.

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: 16 June 2009
58

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: 16 June 2009
59

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: 16 June 2009
60

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).

Stateless children of British nationals

Tom Brake

Paul Rowen

NC6

To move the following Clause:—

‘(1)
Schedule 2 to the British Nationality Act 1981 (c. 61) (amendments to

Immigration Act 1971) is amended as follows.

Public Bill Committee: 16 June 2009
61

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

(2)
In paragraph 4, omit sub-paragraph (1)(c).

(3)
In paragraph 4, for sub-paragraphs (2)(a) and (2)(b) substitute “shall be registered

under it as a—

(a)
British citizen, or

(b)
in the case of a child whose mother or father is, or would have been but

for their death, a British overseas territories citizen, as a British overseas

territories citizen.”.

(4)
In sub-paragraph (4) of paragraph 4, for “sub-paragraphs (1) to (3)” substitute

“sub-paragraph (1)”.

(5)
In sub-paragraph (4) of paragraph 4, after “British Overseas Citizen”, insert

“British National Overseas”.’.

Legitimacy

Tom Brake

Paul Rowen

NC7

To move the following Clause:—

‘(1)
The British Nationality Act 1981 (c. 61) is amended as follows.

(2)
After section 4C insert—

“4D
Acquisition by registration: legitimacy

(1)
A person is entitled to be registered as a British citizen if—

(a)
he applies for registration under this section; and

(b)
he satisfies each of the following conditions.

(2)
The first condition is that the person was born before 1 July 2006.

(3)
The second condition is that the person is not already a British citizen.

(4)
The third condition is that the father of the child satisfies any

requirements as to proof of paternity prescribed under section 50(9B) of

this Act.

(5)
The fourth condition is that the person would have been a British citizen

had his father been married to his mother at the time of his birth.”’.

Member’s explanatory statement

This amendment makes provision for those born before 1 July 2006 to British fathers not married

to their mothers to register by entitlement as British citizens.