UK Borders Bill
THIRD
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Amendments marked * are new or have been altered]
Amendment
No.
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)."." |
| LORD AVEBURY
LORD DHOLAKIA |
27A | Page 9, line 27, leave out from "State" to end of line 28 and insert "where there is evidence that establishes on a serious basis that he is likely to abscond and that such a condition is necessary in the interests of public order, public safety, national security or for the prevention of crime; and |
(v) | a condition requiring him to reside at a specified address wherever there is evidence that establishes on a serious basis that he is likely to abscond and that such a condition is necessary in the interests of public order, public safety, national security or for the prevention of crime." |
| 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."." |
| LORD AVEBURY
LORD DHOLAKIA |
30A | Page 9, line 28, at end insert |
"( ) | After section 3(1) of that Act insert |
"(1A) | Conditions under subsection (1)(c)(iv) and (v) above shall be applied only in so far as they are compatible with the European Convention on Human Rights, the obligations of the United Kingdom under the International Covenant on Civil and Political Rights 1966 or the Refugee Convention."." |
| LORD HYLTON
BARONESS FINLAY OF LLANDAFF
LORD ALDERDICE |
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."." |
| LORD BISHOP OF RIPON AND LEEDS |
32 | Page 9, line 30, leave out subsections (1) to (6) and insert |
"(1) | In section 94(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation) for the definition of "asylum-seeker" substitute |
| ""asylum-seeker" means a person |
(a) | who is at least 18 years old, |
(b) | who has made a claim for asylum at a place designated by the Secretary of State, |
(c) | whose claim has been recorded by the Secretary of State, |
(d) | who remains in the United Kingdom following the making of that claim for asylum, and |
(e) | who is subject to immigration control but does not currently have leave to enter or remain;". |
(2) | In paragraph 17(1) of Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (c. 41) (interpretation), for the definition of "asylum-seeker" substitute |
| ""asylum-seeker" means a person |
(a) | who is at least 18 years old, |
(b) | who has made a claim for asylum at a place designated by the Secretary of State, |
(c) | whose claim has been recorded by the Secretary of State, |
(d) | who remains in the United Kingdom following the making of that claim for asylum, and |
(e) | who is subject to immigration control but does not currently have leave to enter or remain,". |
(3) | The following provisions are repealed |
(a) | subsections (2) to (4) of section 4 of the Immigration and Asylum Act 1999; |
(b) | subsections (3) to (6), (8) and (9) of section 94 of the Immigration and Asylum Act 1999; |
(c) | paragraphs 6, 7A and sub-paragraphs (2) and (3) of paragraph 17 of Schedule 3 to the Nationality, Immigration and Asylum Act 2002; and |
(d) | section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (failed asylum seekers: withdrawal of support). |
(4) | Paragraph 4(1)(e) of the National Health Service, (Charges to Overseas Visitors) (Amendments) Regulations 2004 (2004/614) is revoked." |
| LORD JUDD
LORD HYLTON
BARONESS STERN
LORD ROBERTS OF LLANDUDNO |
33 | Insert the following new Clause |
| "Support for asylum seekers: destitution |
(1) | In section 4(11) of the Immigration and Asylum Act 1999 (c. 33) (accommodation) omit paragraph (a). |
(2) | After section 95(1)(b) of that Act (persons for whom support may be provided) insert |
"(c) | failed asylum seekers, or |
(d) | dependents of failed asylum seekers." |
(3) | Section 55 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (late claim for asylum: refusal of support) is repealed. |
(4) | Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (failed asylum seekers: withdrawal of support) is repealed." |
| LORD AVEBURY
LORD ROBERTS OF LLANDUDNO |
34 | Insert the following new Clause |
| "Withdrawal of support: repeal |
| Section 9 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (failed asylum seekers: withdrawal of support) is repealed." |
| LORD AVEBURY
LORD ROBERTS OF LLANDUDNO |
34ZA* | Page 11, line 18, leave out ", and at the time of making," |
34ZB* | Page 11, line 19, at end insert "provided the evidence was submitted no later than the notice of appeal was lodged" |
34A | Page 11, line 28, leave out subsection (5) |
| BARONESS ANELAY OF ST JOHNS
VISCOUNT BRIDGEMAN |
35 | Page 11, line 28, leave out "Immigration rules may" and insert "The Lord Chancellor may make rules to" |
36 | Page 11, line 30, at end insert |
"(6) | The Secretary of State shall lay before Parliament, not more than 12 months after the commencement of the provisions under this section, a report on their operation."." |
36A | Page 11, line 30, at end insert |
"(3) | In section 106(2) of that Act after paragraph (u) insert |
"(ua) | may make provision, for the purposes of section 85A(4)(a), about the circumstances in which evidence is to be treated, or not treated, as submitted in support of, and at the time of making, an application;" |
| LORD AVEBURY
LORD ROBERTS OF LLANDUDNO |
36B* | Page 12, line 12, at end insert |
"(2B) | In making regulations specifying the amount of a fee for a claim, application, service, process or other matter, the Secretary of State must |
(a) | be satisfied that the increase is no greater than is required to maintain the value of the amount in real terms; and |
(b) | in doing so, must have regard to the All Items Retail Prices Index Excluding Mortgage Interest Repayments published by the Office of National Statistics."." |
| BARONESS SCOTLAND OF ASTHAL |
37 | Insert the following new Clause |
36 | (1) The Secretary of State shall issue a code of practice designed to ensure that in exercising functions in the United Kingdom the Border and Immigration Agency takes appropriate steps to ensure that while children are in the United Kingdom they are safe from harm. |
7 | (2) The Agency shall have regard to the code in the exercise of its functions. |
(3) | The code shall come into force in accordance with provision made by order of the Secretary of State; and an order |
(a) | shall be made by statutory instrument, and |
(b) | shall be subject to annulment in pursuance of a resolution of either House of Parliament. |
(4) | The Secretary of State shall from time to time review and, if necessary, revise the code; and subsection (3) applies to a revision as to the original code. |
(a) | "the Border and Immigration Agency" means |
(i) | immigration officers, and |
(ii) | other officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality, and |
(b) | "child" means an individual who is less than 18 years old." |
| LORD AVEBURY
LORD ROBERTS OF LLANDUDNO
[Amendments 38 to 40 are amendments to amendment 37] |
38 | Line 3, leave out "a code of practice" and insert "regulations" |
39 | Line 6, at end insert "and in discharging its functions it shall have regard to the need to safeguard and promote the welfare of children" |
40 | Line 7, leave out "have regard to the code" and insert "observe the regulations" |
41 | Insert the following new Clause |
| In section 83(1)(b) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: asylum claims) omit the words "for a period exceeding one year (or for periods exceeding one year in aggregate)"." |
| LORD GOODHART
LORD AVEBURY
LORD HIGGINS |
42 | Insert the following new Clause |
| "Children of Female British citizens |
| After section 2(1)(b) of the Immigration Act 1971 (c. 77) (statement of right of abode in United Kingdom) insert |
"(ba) | he would be entitled to be registered under section 4C of the British Nationality Act 1981 if the words "after 7th February 1961 and" had been omitted from section 4C(2)"." |
| LORD AVEBURY
LORD DHOLAKIA |
43 | Insert the following new Clause |
| "Immigration control: age assesssment by ionising radiation |
| No person claiming to be a child shall be subjected to ionising radiation for the purpose of age assessment in connection with immigration control." |
| BARONESS ANELAY
VISCOUNT BRIDGEMAN |
44 | Insert the following new Clause |
(1) | In exercising its functions in the United Kingdom, the Border and Immigration Agency must take appropriate steps to ensure that while children are in the United Kingdom they are safe from harm and their welfare is promoted. |
(2) | The Border and Immigration Agency must, in discharging its duty under this section, have regard to any guidance given to them for the purpose by the Secretary of State. |
(a) | "the Border and Immigration Agency" means |
(i) | immigration officers, and |
(ii) | other officials of the Secretary of State, and the Secretary of State, in respect of functions relating to immigration, asylum or nationality; |
(b) | "child" means an individual who is less than 18 years old." |
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