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65

 

House of Commons

 
 

Thursday 18 June 2009

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments 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.

 



 
 

Public Bill Committee: 18 June 2009                     

66

 

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.


 
 

Public Bill Committee: 18 June 2009                     

67

 

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.


 
 

Public Bill Committee: 18 June 2009                     

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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:—


 
 

Public Bill Committee: 18 June 2009                     

69

 

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.


 
 

Public Bill Committee: 18 June 2009                     

70

 

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.


 
 

Public Bill Committee: 18 June 2009                     

71

 

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.

 


 
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