Legislative Scrutiny: Nationality and Borders Bill (Part 3) – Immigration offences and enforcement Contents

Appendix 1: Amendments

The amendments set out below refer to the Bill as Amended in Public Bill Committee.191

Amendment 1

Schedule 6, page 95. line 25, at end insert—

“(4) Authority for the purposes of subsection (3) may be given in relation to a foreign ship only if the Convention permits the exercise of Part A1 powers in relation to the ship.”

Member’s explanatory statement: This follows the drafting in the equivalent paragraphs of sections 28M, 28N and 28O of the Immigration Act, and would ensure that enforcement action complies with international maritime law, similar to other enforcement action under Schedule 4A to the Immigration Act 1971.

Amendment 2

Schedule 6, page 98, leave out lines 6 to 11 and insert—

“(a) every description of vessel (including a hovercraft) used in navigation, but

(b) does not include any vessel that is not seaworthy or where there could otherwise be a risk to the safety of life and well-being of those onboard.”

Member’s explanatory statement: This would ensure that enforcement action such as pushbacks could not be taken against unseaworthy vessels such as dinghies.

Amendment 3

Schedule 6, page 98, line 20, at end insert—

“(1A) The powers set out in this Part of this Schedule must not be used in a manner or in circumstances that could endanger life at sea.”

Member’s explanatory statement: This would ensure the maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 4

Schedule 6, page 102, line 31, at end insert—

“(2) Force must not be used in a manner or in circumstances that could endanger life at sea.”

Member’s explanatory statement: This ensures that the use of force in maritime enforcement powers cannot be used in a manner that would endanger lives at sea.

Amendment 5

Schedule 6, page 102, line 36, leave out “criminal or”

Member’s explanatory statement: This would remove the immunity from criminal proceedings for “relevant officers” for criminal offences committed whilst undertaking pushbacks or other maritime enforcement operations.

Amendment 6

Schedule 6, page 102, line 36, leave out lines 36 to 40 and insert—

“J1 The Home Office, rather than an individual officer, is liable in civil proceedings for anything done in the purported performance of functions under this Part of this Schedule.”

Member’s explanatory statement: This would ensure that the Home Office is liable, rather than immigration officers and enforcement officers being personally liable for civil wrongs that may occur whilst undertaking pushbacks or other maritime enforcement operations.

Amendment 7

Clause 39, page 38, leave out lines 19 to 23

Member’s explanatory statement: This would prevent ‘arrival’ in the United Kingdom without a valid entry clearance, rather than ‘entry’ into the United Kingdom without a valid entry clearance, becoming an offence.

Amendment 8

Clause 39, page 39, line 30, leave out subsection (4)

Member’s explanatory statement: This would prevent the offence of facilitating a breach of immigration law being extended to include facilitating ‘arrival’ in the United Kingdom without a valid entry clearance in addition to facilitating ‘entry’ into the United Kingdom without a valid entry clearance.

Amendment 9

Clause 39, page 40, line 2, at end insert—

“(10) In section 31(3) of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention), after paragraph (aa) insert—

“(ab) section 24 of the Immigration Act 1971 (illegal entry and similar offences)”.”

Member’s explanatory statement: This would extend the statutory defence based on Article 31 of the Refugee Convention to offences of illegal entry under section 24 of the Immigration Act 1971.

Amendment 10

191.Clause 40, page 40, line 7, leave out subsection (2)

Member’s explanatory statement: This would maintain the current position that the offence of helping an asylum seeker to enter the United Kingdom can only be committed if it is carried out “for gain”.

Amendment 11

Clause 45, page 43, line 12, at end insert—

“(6B) Nothing in this section, or in sections 10A to 10E, permits a person to be removed from the United Kingdom if that removal would violate their common law right to access justice.”

Member’s explanatory statement: This would make clear that the regime for providing notice to persons liable to removal remains subject to the common law right to access justice, which in the asylum context is mirrored by Article 13 ECHR.

Amendment 12

Page 49, line 3, leave out Clause 47

Member’s explanatory statement: This would prevent it being compulsory for decision makers and tribunals to take into account whether a person has failed to cooperate with any immigration process when making decisions on immigration bail.

191 Nationality and Borders Bill, Bill 187 (2021–2022) as Amended in Public Bill Committee




Published: 1 December 2021 Site information    Accessibility statement