FOURTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

[Amendments marked * are new or have been altered]

Amendment
No.

"(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."."

"(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;".

Clause 20

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."."

After Clause 20

BARONESS SCOTLAND OF ASTHAL

37	Insert the following new Clause—

"Children

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.

(5)	In this section—

(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"

LORD JUDD BARONESS STERN

41	Insert the following new Clause—

"Appeal rights

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—

"Children (No. 2)

(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.

(3)	In this section—

(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."

Clause 21

LORD AVEBURY LORD DHOLAKIA

45	Page 12, line 25, leave out "51 weeks" and insert "six months"

46	Page 12, line 28, leave out subsection (3)

47	Page 12, line 31, leave out "51 weeks" and insert "six months"

48	Page 12, line 32, leave out subsection (5)

The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill.

Clause 23

BARONESS ANELAY OF ST JOHNS VISCOUNT BRIDGEMAN

49	Page 13, line 13, after "officer" insert "or a constable in the UK Border Police Force established under section (Establishment of UK Border Police Force)"

Clause 26

BARONESS ANELAY OF ST JOHNS VISCOUNT BRIDGEMAN

50	Page 15, line 21, at end insert—

"(   )

In section 21(2)(a)(i) of the Immigration, Asylum and Nationality Act 2006 (c. 13) for "two years" substitute "four years"."

Clause 30

LORD JUDD LORD HYLTON BARONESS STERN

51	Page 16, line 8, at end insert—

"(5)	Where there are reasonable grounds for believing that a person is a victim of trafficking, that person shall not be removed from the United Kingdom until the process for determining whether they are such a victim is complete.

(6)	A period of three months shall be granted to a person who has been identified as being a victim of trafficking for recovery and reflection, during which time no immigration enforcement measures shall be taken against that person.

(7)	Renewable residence permits of up to six months' duration may be granted to victims of trafficking."

Clause 31

LORD AVEBURY

52	Page 16, line 16, leave out "12 months" and insert "two years"

LORD AVEBURY LORD DHOLAKIA

53	Page 16, line 23, leave out "is" and insert "shall be presumed to be"

LORD AVEBURY

54	Page 16, line 23, at end insert—

"(   )

After section 3(6) of the Immigration Act 1971 (c. 77) (general provisions for regulation and control) insert—

"(6A)

A court empowered by this Act to recommend deportation shall consider exercising that power following the conviction of a foreign criminal within the meaning of section 31 of the UK Borders Act 2007."."

55	Page 16, line 24, after "must" insert "have regard to a court recommendation for deportation in respect of a foreign criminal but in any case may"

LORD AVEBURY LORD DHOLAKIA

56	Page 16, line 25, at end insert "unless he decides that the deportation is not conducive to the public good"

After Clause 31

BARONESS ANELAY OF ST JOHNS VISCOUNT BRIDGEMAN

57	Insert the following new Clause—

"Deportation: compensation

A person convicted of an offence and made subject to a deportation order either under the provisions of section 31 or otherwise may not be awarded compensation in respect of any period spent in custody following their conviction, whether the period in custody formed part of their sentence or not."

Clause 32

LORD JUDD BARONESS STERN

58	Page 17, line 6, leave out "conviction" and insert "the offence"

Clause 33

LORD JUDD BARONESS STERN

59	Page 17, line 42, leave out "at a time chosen by the Secretary of State" and insert "as soon as possible following the person's period of imprisonment and in any event within three months of that date"

59A

Withdrawn

59B

Withdrawn

Clause 35

LORD AVEBURY LORD DHOLAKIA

The above-named Lords give notice of their intention to oppose the Question that Clause 35 stand part of the Bill.

After Clause 35

LORD JUDD LORD HYLTON BARONESS STERN

60	Insert the following new Clause—

"Detention by the Secretary of State

(1)	Section 62 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (detention by Secretary of State) is amended as follows.

(2)	In subsection (1) after the word "person" in the first line insert the words "aged eighteen years or over".

(3)	After subsection (3) insert—

"(3A)

A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall only apply to a person aged eighteen years or over."."

LORD JUDD BARONESS STERN

61	Insert the following new Clause—

"Detention: dependent children

(1)	After section 10(5) of the Immigration and Asylum Act 1999 (c. 33) (removal of certain persons unlawfully in the United Kingdom) insert—

"(5A)

Where a person may be removed under subsection (1)(b) or (c), that person may not be detained for more than seven days if accompanied by a dependent child and no such detention shall take place for any of those seven days until a satisfactory welfare assessment has been carried out by a local social services department.".

(2)	After paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (c. 77) (detention of persons liable to examination or removal) insert—

"(2A)

Where a person may be detained under sub-paragraph (1), (1A) or (2), no detention shall take place for more than seven days if that person is accompanied by a dependent child and no such detention shall take place for any of those seven days until a satisfactory welfare assessment has been carried out by a local social services department."."