House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
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Other Bills before Parliament

1

House of Commons

Tuesday 9 June 2009

Public Bill Committee Proceedings

Borders, Citizenship and Immigration Bill [Lords]

[First and Second Sittings]

Mr Phil Woolas

Agreed to

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 4.30 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.

Mr Phil Woolas

Agreed to

That, subject to the discretion of the Chairman, any written evidence received by the

Committee shall be reported to the House for publication.

Mr Phil Woolas

Agreed to  18

Clause  1,  page  2,  line  17,  after ‘section’ insert ‘(other than in subsection (8))’.

Mr Phil Woolas

Agreed to  19

Clause  1,  page  2,  line  36,  leave out from ‘means’ to end of line 37 and insert ‘—

(a)
a function that is exercisable—

(i)
by the Secretary of State by virtue of this section, or

(ii)
by general customs officials by virtue of section 3,

Public Bill Committee Proceedings: 9 June 2009
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Borders, Citizenship and Immigration Bill-[ [], continued

(b)
a function that is conferred on general customs officials or the Secretary

of State by or by virtue of any of sections 22 to 24 (investigations and

detention), or

(c)
a function under Community law that is exercisable by the Secretary of

State or general customs officials in relation to a matter—

(i)
in relation to which functions under Community law are

exercisable by the Commissioners or officers of Revenue and

Customs, and

(ii)
that is not listed in paragraphs (a) to (e) of subsection (2).’.

Clause, as amended, Agreed to.

Mr Phil Woolas

Agreed to  20

Clause  2,  page  3,  line  6,  at end insert—

‘( )
make provision for a function of the Secretary of State or general customs

officials to be treated, or not to be treated, as a general customs function.’.

Damian Green

Mr Crispin Blunt

Withdrawn  2

Clause  2,  page  3,  line  15,  at end add—

‘(4)
The Secretary of State must lay an annual report before both Houses of

Parliament detailing the amendments that have been made by order under

subsection (1).’.

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  3

Clause  3,  page  3,  line  20,  leave out from ‘officer’ to end of line 21.

Damian Green

Mr Crispin Blunt

Not called  4

Clause  3,  page  3,  line  28,  leave out subsection (3).

Clause Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  5

Clause  4,  page  4,  line  29,  at end insert—

Public Bill Committee Proceedings: 9 June 2009
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Borders, Citizenship and Immigration Bill-[ [], continued

‘(3A)
Any designation made under section 3 must be approved by a resolution of both

Houses of Parliament.’.

Clause Agreed to.

Mr Phil Woolas

Agreed to  21

Clause  5,  page  4,  line  41,  leave out from ‘of’ to end of line 41 and insert ‘general

customs functions.’.

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  6

Clause  6,  page  5,  line  3,  leave out ‘must’ and insert ‘may’.

Clause Agreed to.

Mr Phil Woolas

Agreed to  22

Clause  7,  page  6,  line  21,  leave out from ‘means’ to end of line 22 and insert ‘—

(a)
a function that is exercisable—

(i)
by the Director by virtue of this section, or

(ii)
by customs revenue officials by virtue of section 11,

(b)
a function that is conferred on customs revenue officials or the Director

by or by virtue of any of sections 22 to 24 (investigations and detention),

or

(c)
a function under Community law that is exercisable by the Director or

customs revenue officials in relation to a customs revenue matter.’.

Clause, as amended, Agreed to.

Clause 8 Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  7

Clause  9,  page  6,  line  37,  leave out ‘make arrangements to delegate’ and insert

‘designate by approval of the Secretary of State’.

Public Bill Committee Proceedings: 9 June 2009
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Borders, Citizenship and Immigration Bill-[ [], continued

Mr Phil Woolas

Agreed to  23

Clause  9,  page  6,  line  38,  leave out from ‘Director’ to end of line 39.

Clause, as amended, Agreed to.

Mr Phil Woolas

Agreed to  24

Clause  10,  page  7,  line  8,  leave out ‘functions in relation to customs revenue

matters’ and insert ‘customs revenue functions’.

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Not selected  8

Clause  11,  page  7,  line  28,  at end insert—

‘(1A)
The Director of Border Revenue may not designate any official as a customs

revenue official unless they have been properly trained.’.

Clause Agreed to.

Clause 12 Agreed to.

Mr Phil Woolas

Agreed to  25

Clause  13,  page  9,  line  3,  leave out from ‘of’ to end of line 4 and insert ‘customs

revenue functions.’.

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  9

Clause  14,  page  10,  line  7,  at end add—

‘(8)
Nothing in this Act shall enable any of the officers designated under this Part to

use any personal data of UK citizens to restrict their right to enter or leave the

United Kingdom for legitimate purposes.’.

Clause Agreed to.

Public Bill Committee Proceedings: 9 June 2009
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Borders, Citizenship and Immigration Bill-[ [], continued

Clauses 15 to 19 Agreed to.

Damian Green

Mr Crispin Blunt

Negatived on division  10

Clause  20,  page  14,  leave out lines 19 and 20.

Damian Green

Mr Crispin Blunt

Negatived on division  11

Clause  20,  page  14,  line  25,  leave out ‘consent (which may be general or specific)’

and insert ‘specific consent’.

Damian Green

Mr Crispin Blunt

Not called  12

Clause  20,  page  14,  line  29,  after ‘relates’, insert ‘exclusively’.

Clause Agreed to.

Clause 21 Agreed to.

Damian Green

Mr Crispin Blunt

Withdrawn  13

Clause  22,  page  17,  line  25,  at end add—

‘(10)
In the application of PACE orders by virtue of this section—

(a)
no person may be detained in an office of the UK Border Agency which

has not been designated as a police cell for a period exceeding three

hours;

(b)
no person may be detained in a police cell under powers granted to the

UK Border Agency for more than five days.’.

Clause Agreed to.

Tom Brake

Paul Rowen

Not selected  42

Clause  23,  page  17,  line  27,  leave out ‘may’ and insert ‘must’.

Tom Brake

Paul Rowen

Not selected  41

Clause  23,  page  17,  line  34,  after ‘officers’, insert—

Public Bill Committee Proceedings: 9 June 2009
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Borders, Citizenship and Immigration Bill-[ [], continued

‘(e)
the provisions of services provided by another person pursuant to

arrangements which are made by the Secretary of State relating to the

discharge of a function within paragraphs (a) to (d).’.

Damian Green

Mr Crispin Blunt

Withdrawn  14

Clause  23,  page  18,  line  6,  leave out subsection (5) and add—

‘(5)
A designated immigration officer or a designated customs official at a port in

England, Wales or Northern Ireland may detain an individual if the immigration

officer thinks that the individual—

(a)
may be liable to arrest by a constable under section 24(1), (2), or (3) of

the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2)

or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989

(S.I., 1989/1341 (N.I. 12)), or

(b)
is subject to a warrant for arrest.

(6)
A designated immigration officer who detains an individual—

(a)
must arrange for a constable to attend as soon as is reasonably

practicable;

(b)
may search the individual for, and retain, anything that might be used to

assist escape or to cause physical injury to the individual or another

person;

(c)
must retain anything found on a search which the immigration officer

thinks may be evidence of the commission of an offence; and

(d)
must, when the constable arrives, deliver to the constable the individual

and anything retained on a search.

(7)
A designated immigration officer may use reasonable force for the purpose of

exercising a power under this section.

(8)
Where an individual whom a designated immigration officer has detained or

attempted to detain under this section leaves the port, a designated immigration

officer may—

(a)
pursue the individual, and

(b)
return the individual to the port.

(9)
Detention under this section shall be treated as detention under the Immigration

Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act

1999 (c. 33).’.

Clause Agreed to.

Clause 24 Agreed to.

Tom Brake

Paul Rowen

Not selected  40

Page  18,  line  42,  leave out Clause 25.

Clause Agreed to.

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Mr Phil Woolas

Agreed to  26

Clause  26,  page  20,  line  7,  leave out from ‘means’ to end of line 8 and insert ‘a

function which before the passing of this Act was exercisable by the Commissioners or

officers of Revenue and Customs (whether or not it remains so exercisable) and that—

(a)
is conferred by or by virtue of this Part on the Secretary of State, the

Director or a designated customs official, or

(b)
is a function under Community law that is exercisable by the Secretary

of State, the Director or a designated customs official;’.

Damian Green

Mr Crispin Blunt

Not called  15

Clause  26,  page  20,  line  8,  leave out from ‘State’ to end of line and insert ‘or the

Director’.

Clause, as amended, Agreed to.

Clause 27 Agreed to.

Mr Phil Woolas

Agreed to  27

Clause  28,  page  21,  line  5,  at end insert ‘, and

( )
after paragraph (g) insert—

“(ga)
practice and procedure in relation to the prevention,

detection and investigation of offences,

(gb)
practice and procedure in relation to the conduct of

criminal proceedings,

(gc)
whether customs functions have been appropriately

exercised by the Secretary of State and the Director of

Border Revenue,”.’.

Mr Phil Woolas

Agreed to  28

Clause  28,  page  21,  leave out lines 7 to 15.

Damian Green

Mr Crispin Blunt

Withdrawn  16

Clause  28,  page  21,  leave out lines 16 to 26.

Clause, as amended, Agreed to.

Damian Green

Mr Crispin Blunt

Not selected  17

Page  22,  line  1,  leave out Clause 29.