House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

65

House of Commons

Thursday 18 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].

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.

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Borders, Citizenship and Immigration Bill [Lords] 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.

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Borders, Citizenship and Immigration Bill [Lords] 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.

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Borders, Citizenship and Immigration Bill [Lords] 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.

Probationary citizenship leave: homelessness assistance

Tom Brake

Paul Rowen

NC8

To move the following Clause:—

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Borders, Citizenship and Immigration Bill [Lords] continued

‘(1)
The Immigration and Asylum Act 1999 (c. 33) is amended as follows.

(2)
After subsection (6) of section 118 (housing authority accommodation) insert—

“(6A)
For the purposes of this section a person subject to immigration control

does not include a person who has probationary citizenship leave.”.

(3)
After subsection (4) of section 119 (homelessness: Scotland and Northern

Ireland) insert—

“(5)
For the purposes of this section a person subject to immigration control

does not include a person who has probationary citizenship leave.”.’.

Qualifying period to provide education and health protection

Tom Brake

Paul Rowen

NC9

To move the following Clause:—

‘(1)
A person under the qualifying period shall be treated as a person settled in the

United Kingdom for the purposes of all regulations made under—

(a)
the Health Services and Public Health Act 1968 (c. 46);

(b)
the Education (Fees and Awards) Act 1983 (c. 40);

(c)
the Education and Libraries (Northern Ireland) Order 1986 (S.I., 1986/

594 (N.I. 3));

(d)
the National Health Service (Charges to Overseas Visitors) Regulations

1989 (S.I., 1989/306);

(e)
the Teaching and Higher Education Act 1998 (c. 30);

(f)
the Education (Student Support) Regulations (Northern Ireland) 1998;

(g)
the Learning and Skills Act 2000 (c. 21);

(h)
the Higher Education Act 2004 (c. 8); and

(i)
the Higher Education (Northern Ireland) Order 2005 (S.I., 2005/1116

(N.I. 5)).

(2)
In section 115 of the Immigration and Asylum Act 1999 (c. 33) (exclusion from

benefits), in subsection (9) after “EEA state”, insert “or a person with

probationary citizenship leave”.’.

Restriction on studies: further definition

Mr Damian Green

Mr Crispin Blunt

NC10

To move the following Clause:—

‘(1)
The Company and Business Names Regulations 1981 (S.I. 1981/1685) are

amended by inserting “College” in column (1) of the Schedule.

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Borders, Citizenship and Immigration Bill [Lords] continued

(2)
Section 2(1)(b) of the Business Names Act 1985 (c.7) does not apply to the

carrying on of the business under a name which includes the word “college” by a

person—

(a)
to whom the business is transferred on or after the date on which section

52 came into force; and

(b)
who carries on the business under the name which was its lawful business

name and immediately before that transfer,


during the twelve months beginning with the date of the transfer.

(3)
Section 2(1)(b) of the Business Names Act 1985 (c.7) shall not apply to the

carrying on of the business under a name which includes a word “college” by a

person who—

(a)
carried on that business immediately before the date on which section 52

came into force; and

(b)
continues to carry it on under the name which immediately before that

date was its lawful name.’.

Mr Phil Woolas

That certain written evidence already reported to the House be appended to the

proceedings of the Committee.

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.

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Borders, Citizenship and Immigration Bill [Lords] continued

Other proceedings

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

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

Order of the Committee [9 JUNE 2009 AND AS AMENDED 16 JUNE 2009]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

9 June) meet—

(a)
at 4.00 pm on Tuesday 9 June;

(b)
at 9.00 am and 1.00 pm on Thursday 11 June;

(c)
at 10.30 am and 4.00 pm on Tuesday 16 June;

(d)
at 9.00 am and 1.00 pm on Thursday 18 June;

(2)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 5.00 pm on Thursday 18 June.