UK Borders Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD AVEBURY
LORD DHOLAKIA |
| 13ZA* | Page 3, line 12, after "person" insert "aged 16 or over" |
| 13A | Page 3, line 17, leave out sub-paragraph (ii) |
| 13B* | Page 3, line 18, leave out sub-paragraph (iii) |
| 14 | Page 3, line 25, leave out paragraph (a) |
| | LORD AVEBURY
LORD DHOLAKIA |
| 14A* | Page 3, leave out line 32 and insert "which may include the following non-biometric information— |
| | (i) name,(ii) date of birth,(iii) place of birth,(iv) address,(v) immigration status, and(vi)National Insurance number, if appropriate;" |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 15 | Page 3, line 33, leave out paragraph (e) |
| 15A* | Page 3, line 37, leave out paragraphs (g) and (h) |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 16 | Page 4, line 3, leave out paragraph (k) |
| 16A* | Page 4, line 4, at end insert "connected with immigration or nationality" |
| 16B* | Page 4, line 4, at end insert— |
| "(2A) | Regulations under subsection (1)(a) may permit the Secretary of State to cancel a biometric immigration document— |
| (a) | if the Secretary of State thinks that information provided in connection with the document was or has become false, misleading or incomplete, |
| (b) | if the Secretary of State thinks that the document has been lost or stolen, |
| (c) | if the Secretary of State thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not), |
| (d) | if the Secretary of State thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied, |
| (e) | if the Secretary of State thinks that a person has failed to surrender the document in accordance with subsection (2)(i) or (j), |
| (f) | if the Secretary of State thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason), |
| (g) | if the Secretary of State thinks that the holder is to be given leave to enter or remain in the United Kingdom, |
| (h) | if the Secretary of State thinks that the holder's leave to enter or remain in the United Kingdom is to be varied, cancelled or invalidated or to lapse, |
| (i) | if the Secretary of State thinks that the holder has died, |
| (j) | if the Secretary of State thinks that the holder has been removed from the United Kingdom (whether by deportation or otherwise), |
| (k) | if the Secretary of State thinks that the holder has left the United Kingdom without retaining leave to enter or remain, and |
| (l) | in such other circumstances as the regulations may specify. |
| (2B) | Regulations under subsection (1)(a) may require notification to be given to the Secretary of State by the holder of a biometric immigration document— |
| (a) | who knows or suspects that the document has been lost or stolen, |
| (b) | who knows or suspects that the document has been altered or damaged (whether deliberately or not), |
| (c) | who knows or suspects that information provided in connection with the document was or has become false, misleading or incomplete, |
| (d) | who was given leave to enter or remain in the United Kingdom in accordance with a provision of rules under section 3 of the Immigration Act 1971 (c.77) (immigration rules) and knows or suspects that owing to a change of the holder's circumstances the holder would no longer qualify for leave under that provision, or |
| (e) | in such other circumstances as the regulations may specify." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 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." |
| 17A* | Page 4, line 19, leave out paragraphs (e) and (f) |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 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." |
| 19A* | Page 4, line 33, leave out "(immigration rules)" |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 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."." |
| | LORD AVEBURY
LORD DHOLAKIA |
| 20A* | Page 4, line 38, at end insert— |
| "( ) | The Secretary of State may issue a code of practice relating to the issuing of biometric immigration documents by UK Visas providing— |
| (a) | the maximum processing times and maximum costs for biometric immigration documents; |
| (b) | the minimum level of service that visa applicants could expect from UK Visas and their partners; and |
| (c) | any other guidance that he deems appropriate." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| 21 | Page 5, line 23, leave out "In particular," |
| 21A* | Page 5, line 33, at end insert— |
| "(3) | The regulations may also permit the Secretary of State to designate an adult as the person responsible for ensuring that a child complies with requirements of the regulations; and for that purpose— |
| (a) | "adult" means an individual who has attained the age of 18, |
| (b) | "child" means an individual who has not attained the age of 18, and |
| (c) | sections 9 to 13 shall apply (with any necessary modifications) to a designated adult's failure to ensure compliance by a child with a requirement of regulations as they apply to a person's own failure to comply with a requirement." |
| | BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
| | LORD JUDD
BARONESS STERN
LORD AVEBURY
LORD DHOLAKIA |
| 23 | Page 5, line 38, leave out subsection (2) |
| 23A* | Page 5, line 38, leave out from "information" to end of line 39 and insert— |
| "(a) | in connection with the exercise of a function by virtue of the Immigration Acts, |
| (b) | in connection with control of the United Kingdom's borders, |
| (c) | in connection with the exercise of a function in relation to nationality, |
| (d) | in connection with the prevention, investigation or prosecution of an offence, |
| (e) | for a purpose which appears to the Secretary of State to be required in order to protect national security, and |
| (f) | for such other purposes (whether in connection with functions under an enactment or otherwise) as the regulations may specify." |
| | 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" |
| 25A* | Page 5, line 41, after "of" insert "biometric" |
| 25B* | Page 5, line 41, after "information" insert "held by the Secretary of State having been" |
| 25C* | Page 5, line 43, leave out from "regulations," to end of line 44 |
| 25D* | Page 6, line 1, after "of" insert "biometric" |
| 25E* | Page 6, line 1, after "information" insert "held by the Secretary of State" |
| 25F* | Page 6, line 4, leave out from "above," to "and" in line 5 |
| 25G* | Page 6, line 6, after "must" insert ", in particular," |
| 25H* | Page 8, line 33, at end insert— |
| "(3) | But the first order under section 13(6) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and shall not be subject to annulment)." |
| | 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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