UK Borders Bill
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS HANHAM
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— |
| (a) | detecting and removing illegal overstayers; |
| (b) | protecting UK borders; |
| (c) | investigating employers of illegal immigrants; |
| (d) | preventing and detecting human trafficking; and |
| (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 JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN |
| 2 | Page 2, line 22, 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." |
| 3 | Insert the following new Clause— |
| | "Detention by 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) insert the words "over the age of eighteen" after the word "person" in the first line. |
| (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 over the age of eighteen."." |
| 4 | Insert the following new Clause— |
| | "Detention of children: limit |
| (1) | Section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of certain persons unlawfully in the United Kingdom) is amended as follows. |
| (2) | After subsection (5A) insert— |
| "(5B) | Where a person may be removed under section 10(1)(a) or (b) above, he or she may not be detained for more than 7 days if he or she is accompanied by a dependent child and no such detention shall take place for any of those 7 days until a satisfactory welfare assessment has been carried out by a local social services department." |
| (3) | Schedule 2 to the Immigration Act 1971 (c. 77) (administrative provisions as to control on entry etc.) is amended as follows. |
| (4) | In paragraph 16 after sub-paragraph (2) insert— |
| "(2A) | Where a person may be detained under sub-paragraph (1), (1A) or (2) above, no such detention shall take place for more than 7 days if he or she is accompanied by a dependent child and no such detention shall take place for any of those 7 days until a satisfactory welfare assessment has been carried out by a local social services department."" |
| | BARONESS HANHAM
VISCOUNT BRIDGEMAN
LORD AVEBURY
EARL OF LISTOWEL |
| 5 | Insert the following new Clause— |
| (1) | The Border and Immigration Agency must take appropriate steps to ensure that— |
| (a) | their functions in the United Kingdom are discharged having regard to the need to safeguard and promote the welfare of children; and |
| (b) | any services provided by another person pursuant to arrangements made by the Border and Immigration Agency in the discharge of their functions are provided having regard to that need. |
| (2) | Each person and body to whom this section applies must in discharging their 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, and |
| (b) | "child" means an individual who is less than 18 years old." |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN |
| 6 | Page 3, line 27, leave out paragraph (a) |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 7 | Page 3, line 34, after "information" insert "that is specified in an EC regulation or in any other international agreement to which the United Kingdom is party" |
| 8 | Page 5, line 17, leave out "(5)(a), (b), (e) or (f)" and insert "(5)(a) or (b)" |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 9 | Insert the following new Clause— |
| | Before the Secretary of State makes regulations under section 5, he shall consult those representing the interests of— |
| (a) | refugees and asylum seekers, |
| (c) | the tourist industry, |
| | on the costs for biometric immigration documents, and shall take into account the results of such consultation." |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN |
| 10 | Page 6, line 32, leave out subsection (2) |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 11 | 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
LORD ROBERTS OF LLANDUDNO
EARL OF LISTOWEL |
| 12* | Page 10, line 34, at end insert— |
| "(2) | After section 3(1)(c) of the Immigration Act 1971 insert— |
| "(d) | where a condition under paragraph (c)(iv) and (v) is imposed, at the time of imposing the condition, written reasons shall be provided as to why the condition imposed is necessary in all the circumstances."" |
| 13 | Insert the following new Clause— |
| | "Exemption from detention: vulnerable adults |
| (1) | The Secretary of State shall have a duty to prevent the detention of vulnerable adults. |
| (2) | The Secretary of State shall have a duty to ensure the release of vulnerable adults held in detention. |
| (3) | In this section, "vulnerable adults" shall include those groups that the Secretary of State shall decide, and must include— |
| (c) | those with serious physical or mental health conditions." |
| | LORD BISHOP OF RIPON AND LEEDS |
| 14 | Page 10, line 36, 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)." |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN |
| 15 | Insert the following new Clause— |
| | "Support for asylum seekers: destitution |
| (1) | Section 55 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (late claim for asylum: refusal of support) is repealed. |
| (2) | Section 9 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (failed asylum seekers: withdrawal of support) is repealed. |
| (3) | Section 4(11)(a) of the Immigration and Asylum Act 1999 (c. 33) (accommodation for those temporarily admitted or released from detention) is repealed. |
| (4) | In section 95 of the Immigration and Asylum Act 1999 (persons for whom support may be provided) after subsection (1)(b) insert— |
| "(c) | failed asylum-seekers, or |
| (d) | dependants of failed asylum-seekers,"." |
| 16 | Insert the following new Clause— |
| | "Amendment to Children Act 2004 |
| | In section 11(1) of the Children Act 2004 (c. 31) (arrangements to safeguard and promote welfare) after paragraph (m) insert— |
| "(n) | the National Asylum Support Service; |
| (o) | the Immigration Service; |
| (p) | an Immigration Removal Centre." |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO
EARL OF LISTOWEL |
| 17 | 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." |
| 18 | Insert the following new Clause— |
| | Notwithstanding the provisions of paragraph 21 of Schedule 2 to the Immigration Act 1971, the Secretary of State may by order made by statutory instrument make provision for asylum seekers— |
| (a) | who are unable to return to their country of origin or who cannot be removed from the United Kingdom for any other reason; and |
| (b) | whose asylum appeal is outstanding for 12 months or more; |
| | to apply for permission to work." |
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