UK Borders Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
[Amendments marked * are new or have been altered]
Amendment
No.
| | 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."" |
| | LORD HYLTON
LORD BISHOP OF WINCHESTER |
| 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
LORD BISHOP OF WINCHESTER |
| 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| (3) | The following provisions are repealed— |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,"." |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN
LORD BISHOP OF WINCHESTER |
| 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." |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 19 | Page 12, line 22, leave out ", and at the time of making," |
| 20 | Page 12, line 23, at end insert "provided the evidence was submitted no later than the notice of appeal was lodged" |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 21 | Page 13, line 17, 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."" |
| | LORD BISHOP OF RIPON AND LEEDS |
| 22 | Insert the following new Clause— |
| | Where the procedure for an appeal is governed by the Asylum and Immigration Tribunal (Fast Track Procedure) Rules 2005 (S.I. 560/2005), the Legal Services Commission shall provide funding as part of the Community Legal Service regardless of any assessment of the merits of the appeal for so long as those Rules continue to apply to it." |
| | BARONESS HANHAM
VISCOUNT BRIDGEMAN
LORD AVEBURY |
| 23 | Page 13, line 29, at end insert "and their welfare is promoted" |
| 24 | Page 13, line 30, at end insert— |
| "( ) | Any services provided by another person pursuant to arrangements made by the Border and Immigration Agency in the exercise of that person's functions are provided having regard to the code." |
| | LORD GOODHART
LORD AVEBURY
LORD HIGGINS |
| 25 | 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 the 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 and" had been omitted from section 4C(2); or"." |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 26 | Insert the following new Clause— |
| | "Suspected victims of torture: reports |
| (1) | This section applies where a medical practitioner reports to the manager of an Immigration Removal Centre under Rule 35 of the Detention Centre Rules 2001 (S.I. 238/2001) that he is concerned that a detained person may have been the victim of torture. |
| (2) | The Secretary of State must specify— |
| (b) | by amendment of the Operational Enforcement Manual, |
| | a time limit within which the Border and Immigration Agency must respond to such a report." |
| 27 | Insert the following new Clause— |
| | "Detained children: guidelines and information |
| (1) | The Secretary of State must publish guidelines specifying the maximum length of time during which a child may be detained under any provision of the Immigration Acts. |
| (2) | The guidelines under subsection (1) may specify different periods of time for— |
| (a) | children of different ages; |
| (b) | children originating from, or due to be returned to, different countries; |
| (c) | children falling into different classes as specified in the guidelines. |
| (3) | By 31 March of each year, the Secretary of State shall publish an annual report detailing: |
| (a) | the number of children detained during the previous year whose detention lasted up to— |
| (vii) | a period longer than one year. |
| (b) | the number of times each of those children was detained; |
| (c) | following their release from detention, the number of children in each year— |
| (i) | who were removed from the United Kingdom; |
| (ii) | who were granted permanent leave of residence; |
| (iii) | who were granted temporary admission; |
| (iv) | whose destination falls into any other category to be determined by the Secretary of State. |
| (4) | For the purposes of this section— |
| (a) | "child" means any person who has not reached the age of 18 years at the commencement of the year to which the relevant annual report relates; |
| (b) | "year" means a calendar year." |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 27A | Insert the following new Clause— |
| | "Immigration control: age assessment 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." |
| 28 | Insert the following new Clause— |
| | In section 83(1)(b) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeal: asylum claims) the words "for a period exceeding one year (or for periods exceeding one year in aggregate)" are omitted." |
| | BARONESS HANHAM
VISCOUNT BRIDGEMAN |
| 29 | Page 14, line 36, after "officer" insert "or a constable in the UK Border Police Force established under section (Establishment of UK Border Police Force)" |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN
LORD BISHOP OF WINCHESTER |
| 30 | Page 17, line 26, 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 UK until the process for identifying whether they are such a victim is complete. |
| (6) | A recovery and reflection period of 3 months shall be granted to a person who has been identified as being a victim of trafficking, during which time no immigration enforcement measures shall be taken against them. |
| (7) | Renewable residence permits of up to 6 months' duration may be granted to victims of trafficking." |
| 31 | Page 18, line 25, leave out "conviction" and insert "the offence" |
| | LORD JUDD
LORD PLANT OF HIGHFIELD
BARONESS STERN |
| 32 | Page 19, line 17, leave out "at a time chosen by the Secretary of State" and insert "as soon as possible following commencement of the person's period of imprisonment and in any event within three months of that date" |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| | BARONESS HANHAM
VISCOUNT BRIDGEMAN |
| 34 | Page 25, line 14, after "constable" insert "including a constable in the UK Border Police Force established under section (Establishment of UK Border Police Force)" |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 34A* | Insert the following new Clause— |
| | "Independent Police Complaints Commission |
| (1) | Section 41 of the Police and Justice Act 2006 (c. 48) (Immigration and asylum enforcement functions; complaints and misconduct) is amended as follows. |
| (2) | After subsection (1)(b) there is inserted— |
| "(c) | the exercise by an individual or company contracted to provide services to the Secretary of State of specified enforcement functions relating to immigration or asylum"." |
| | LORD AVEBURY
LORD DHOLAKIA
LORD ROBERTS OF LLANDUDNO |
| 35 | Insert the following new Clause— |
| | "Access to immigration advice in police custody |
| | After paragraph 25C of Schedule 2 to the Immigration Act 1971 (c. 77) (administrative provisions as to control on entry etc.) insert— |
| "25CA
(1) | This paragraph applies if— |
| (a) | a person has been detained under this Schedule; and |
| (b) | that person is in custody at a police station. |
| (2) | Persons to whom this paragraph applies shall have access to immigration advice on request."" |
| | LORD ROBERTS OF LLANDUDNO |
| 36* | Insert the following new Clause— |
| | "Provision of information to immigrants from A8 countries |
| (1) | Secretary of State may by order made by statutory instrument make provision for information to be provided at major ports of entry to persons entering the United Kingdom from A8 countries. |
| (2) | The information provided under subsection (1) shall include information on— |
| (b) | employment law, including rights and responsibilities and the worker registration scheme; |
| (c) | obtaining a national insurance number; |
| (d) | the provision for language training; |
| (e) | finding accommodation; |
| (f) | access to health care and education; |
| (g) | sources of further advice and support. |
| (3) | The information provided under subsection (1) shall be provided in a form determined by the Secretary of State. |
| (4) | In this section the "A8 countries" are Poland, Lithuania, Latvia, Estonia, the Czech Republic, Hungary, Slovenia and Slovakia." |
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