UK Borders Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 1 | Insert the following new Clause— |
| | "Establishment of UK Border Police Force |
| (1) | There shall be a body corporate to be known as the UK Border Police Force. |
| (2) | The UK Border Police Force shall have the functions of— |
| 5 | (a) detecting and removing illegal overstayers; |
| (b) | protecting UK borders; |
| (c) | investigating employers of illegal immigrants; |
| (d) | preventing and detecting human trafficking; and |
| 10 | (e) such other functions as the Secretary of State may by order determine. |
| (3) | Membership of the UK Border Police Force shall be comprised of officers from— |
| (a) | the Immigration Service; |
| (b) | HM Revenue and Customs; |
| (c) | the Serious Organised Crime Agency; |
| (d) | specialist port police forces; |
| (e) | the Metropolitan Police Security Command; |
| (f) | the Security Services; and |
| (g) | such other organisations as the Secretary of State shall by order determine. |
| (4) | Before making an order under subsection (2)(e) the Secretary of State shall— |
| (b) | consult members of the public and stakeholders; and |
| (c) | lay a draft before each House of Parliament. |
| (5) | Bodies to be consulted under subsection (4)(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 shall determine." |
| | LORD AVEBURY
LORD DHOLAKIA
[As an amendment to amendment 1] |
| 2* | Leave out lines 5 to 10 and insert— |
| "(a) | protecting UK borders; |
| (b) | strengthening frontier protection against threats to the security, social and economic integrity and environment of the United Kingdom; |
| (c) | preventing and detecting human trafficking; |
| (d) | maintaining and improving a safe, ordered and secure environment in ports; and |
| (e) | such other functions as the Secretary of State may by order determine." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 3 | Page 1, line 11, at end insert— |
| "(4) | The Secretary of State shall make regulations setting out the necessary qualifications and training for a designated immigration officer. |
| (5) | Regulations under subsection (4) shall be published no less than six months before the commencement of section 1 of this Act." |
| | LORD AVEBURY
LORD DHOLAKIA |
| 4 | Page 1, line 11, at end insert— |
| "( ) | The codes of practice issued in accordance with the Police and Criminal Evidence Act 1984 (c. 60) shall apply in full to the statutory powers exercised by a designated immigation officer." |
| | LORD AVEBURY
LORD DHOLAKIA |
| 5* | Insert the following new Clause— |
| (1) | The Secretary of State shall by regulations make provision for the handling of complaints relating to, or other instances of misconduct involving, the carrying out by any person designated under section 1 of the functions for the purposes of which any power or duty is conferred or imposed by his designation. |
| (2) | The Police Reform Act 2000 (c. 30) is amended as follows. |
| (3) | In section 10 (general functions of the Commission), after subsection (3)(d) insert— |
| "(e) | any regulations under section (Complaints) of the UK Borders Act 2006."." |
| 6 | Page 2, line 19, at end insert— |
| "(7) | Section 145(1) of the Immigration and Asylum Act 1999 (c. 33) (codes of practice) applies to an immigration officer exercising any power under this section." |
| | LORD AVEBURY
LORD DHOLAKIA |
| 7 | Page 2, line 28, leave out "51 weeks" and insert "six months" |
| 8 | Page 2, line 33, leave out "51 weeks" and insert "six months" |
| 9 | Page 2, line 37, leave out paragraph (a) |
| 10* | Page 2, line 39, leave out "51 weeks" and insert "six months" |
| 11 | Page 2, line 43, leave out paragraph (a) |
| 12* | Page 3, line 1, leave out "51 weeks" and insert "six months" |
| | BARONESS ANELAY OF ST JOHNS
LORD AVEBURY
EARL OF LISTOWEL
LORD JUDD |
| 13 | Insert the following new Clause— |
| | "Immigration Service: welfare of children |
| | After section 11(1)(m) of the Children Act 2004 (c. 31) (arrangements to safeguard and promote welfare) insert— |
| "(n) | a regional office of the National Asylum Support Service; |
| (o) | the centre manager of an immigration removal centre; |
| (p) | the Chief Immigration Officer at a port of entry."" |
| 14 | Page 3, line 25, leave out paragraph (a) |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 15 | Page 3, line 33, leave out paragraph (e) |
| 16 | Page 4, line 3, leave out paragraph (k) |
| 17 | Page 4, line 4, at end insert— |
| "( ) | Circumstances under subsection (2)(h) shall be limited to— |
| (c ) | loss or theft of a biometric immigration document." |
| 18 | Page 4, line 23, at end insert— |
| "( ) | Before making regulations under subsection (1), the Secretary of State must— |
| (a) | publish the code set out in subsection (3)(e) and (f), and |
| (b) | lay a draft of the regulations before each House of Parliament." |
| 19 | Page 4, line 32, at end insert— |
| "( ) | The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under subsection (1), a report on the operation of the regulations made pursuant to that subsection." |
| 20 | Page 4, line 36, at end insert— |
| "(7A) | In section 3 of the Immigration Act 1971 (c. 77), after subsection (2) insert— |
| "(2A) | Changes to rules made under subsection (2) and pursuant to section 5(7) of the UK Borders Act 2007 may not be made unless a draft has been laid before Parliament and approved by resolution of both Houses."." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 21 | Page 5, line 23, leave out "In particular," |
| 22 | Page 5, line 33, at end insert— |
| "( ) | No action taken in accordance with regulations made under subsection (2) shall permit a breach of— |
| (a) | a person's rights under the European Convention on Human Rights; |
| (b) | the United Kingdom's obligations under the Refugee Convention; or |
| (c) | a person's rights under the Community Treaties." |
| 23 | Page 5, line 38, leave out subsection (2) |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 24 | Page 5, line 39, at end insert "in accordance with, and for the purposes of, another enactment" |
| 25 | Page 5, line 39, at end insert "but provision must be restricted to matters relating to terrorism, serious organised crime, money laundering and serious fraud" |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 26 | Page 9, line 12, at end insert ", and |
| (h) | "non-biometric information" does not include any sensitive personal data (within the meaning of the Data Protection Act 1998 (c. 29)) or anything the disclosure of which would tend to reveal such data." |
| | LORD AVEBURY
LORD DHOLAKIA |
| 27 | Insert the following new Clause— |
| | "Applicability of Convention on the Rights of the Child |
| | After section 4(1) of the Immigration Act 1971 (c. 77) (administration of control) insert— |
| "(1A) | In the exercise of their powers under subsection (1) it is unlawful for immigration officers or the Secretary of State to act in a way which is incompatible with the United Nations Convention on the Rights of the Child. |
| (1B) | Subsection (1A) does not apply to the making of a deportation order under section 5 (procedure for, and further provisions as to, deportation)."." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 28 | Page 9, line 28, after "condition" insert ", which must be reasonable in all circumstances," |
| 29 | Page 9, line 28, at end insert— |
| "( ) | After section 3(1) of that Act insert— |
| "(1A) | A condition about residence under subsection (1)(c)(v) shall not apply if— |
| (a) | the residence is more than 25 miles from the nearest reporting centre; or |
| (b) | for employment purposes, a different location is more suitable."." |
| | EARL OF LISTOWEL
LORD JUDD |
| 30 | Page 9, line 28, at end insert— |
| "(2) | After section 3(1) of that Act insert— |
| "(1A) | The conditions in subsection (1)(c)(iv) and (v) above shall apply only to those aged eighteen years or older."" |
| 31* | Insert the following new Clause— |
| | "Exemption from detention: torture survivors |
| (1) | The Immigration Act 1971 (c. 77) is amended as follows. |
| (2) | In paragraph 16 of Schedule 2, after sub-paragraph (4) insert— |
| "(4A) | Nothing in this paragraph shall permit the detention of an immigration or asylum applicant who claims to have survived torture." |
| (3) | In paragraph 2 of Schedule 3, after sub-paragraph (6) insert— |
| "(6A) | Nothing in this paragraph shall permit the detention of an immigration or asylum applicant who claims to have survived torture."." |
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