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Borders, Citizenship and Immigration Bill [HL]


AMENDMENTS
TO BE MOVED
IN COMMITTEE


 

After Clause 21

 

LORD WEST OF SPITHEAD

Insert the following new Clause—
  "Application of the PACE orders
(1)  Subject as follows, the PACE orders—
(a)  apply to criminal investigations conducted by designated customs officials and relating to a general customs matter or customs revenue matter as they apply to relevant investigations conducted by officers of Revenue and Customs, and
(b)  apply to persons detained by designated customs officials as they apply to persons detained by officers of Revenue and Customs.
(2)  Each of the following is a PACE order for the purposes of this section—
(a)  the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175);
(b)  the Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464).
(3)  In the application of the PACE orders by virtue of this section—
(a)  subject to the following provisions of this subsection, references in those orders to an officer of Revenue and Customs are to be read as references to a designated customs official;
(b)  references in those orders to the Commissioners are to be read as references to—
(i)  the Secretary of State in relation to general customs matters, or
(ii)  the Director of Border Revenue in relation to customs revenue matters;
(c)  references in those orders to Her Majesty's Revenue and Customs or to Revenue and Customs are to be read as references to—
(i)  the Secretary of State in so far as the Secretary of State has general customs functions,
(ii)  the Director of Border Revenue, and
(iii)  designated customs officials;
(d)  references in those orders to an office of Revenue and Customs are to be read as references to an office of the UK Border Agency;
(e)  references in those orders to a designated office of Revenue and Customs are to be read as references to a designated office of the UK Border Agency;
(f)  references in those orders to a relevant indictable offence are to be read as references to an indictable offence that relates to a general customs matter or a customs revenue matter;
(g)  references in those orders to a relevant investigation are to be read as references to a criminal investigation conducted by a designated customs official that relates to a general customs matter or a customs revenue matter;
(h)  references in those orders to a person being in Revenue and Customs detention are to be read as references to a person being in UK Border Agency detention;
(i)  references in those orders to an officer of Revenue and Customs of at least the grade of officer are to be read as references to a designated customs official of at least the grade of immigration officer or executive officer;
(j)  references in those orders to an officer of Revenue and Customs of at least the grade of higher officer are to be read as references to a designated customs official of at least the grade of chief immigration officer or higher executive officer;
(k)  references in those orders to an officer of Revenue and Customs of at least the grade of senior officer are to be read as references to a designated customs official of at least the grade of immigration inspector or senior executive officer;
(l)  any other references in those orders to an officer of Revenue and Customs occupying a specified post or grade are to be read as references to the Secretary of State.
(4)  For the purposes of this section—
(a)  a person is in UK Border Agency detention if—
(i)  the person has been taken to an office of the UK Border Agency after being arrested for an offence, or
(ii)  the person is arrested at an office of the UK Border Agency after attending voluntarily at the office or accompanying a designated customs official to it,
  and is detained there or is detained elsewhere in the charge of a designated customs official, and
(b)  "office of the UK Border Agency" means premises wholly or partly occupied by designated customs officials.
(5)  This section does not apply to the following provisions of the PACE orders—
(a)  in article 2(1) of the Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), the definitions of "the Commissioners", "office of Revenue and Customs", "relevant indictable offence" and "relevant investigation";
(b)  article 2(2) of that order (Revenue and Customs detention);
(c)  article 7 of that order (restriction on other powers to apply for production of documents);
(d)  article 19 of that order (authorisation);
(e)  in article 2(1) of the Police and Criminal Evidence (Application to Revenue and Customs) Order (Northern Ireland) 2007 (S.R. 2007/464), the definitions of "the Commissioners", "office of Revenue and Customs", "relevant indictable offence" and "relevant investigation";
(f)  article 2(2) of that order (Revenue and Customs detention);
(g)  article 7 of that order (restriction on other powers to apply for production of documents);
(h)  article 15 of that order (authorisation).
(6)  A person may be transferred—
(a)  between UK Border Agency detention and Revenue and Customs detention;
(b)  between Revenue and Customs detention and UK Border Agency detention;
(c)  between UK Border Agency detention and police detention;
(d)  between police detention and UK Border Agency detention.
(7)  The references to police detention in subsection (6)—
(a)  in relation to England and Wales, are to be construed in accordance with the Police and Criminal Evidence Act 1984 (c. 60);
(b)  in relation to Northern Ireland, are to be construed in accordance with the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
(8)  Expressions used in this section that are defined in a PACE order have the same meaning as in that PACE order.
(9)  This section does not affect the generality of sections 1(4), 3(5), 7(5) and 11(4) (construction of statutory etc. references to the Commissioners for Her Majesty's Revenue and Customs, officers of Revenue and Customs and Her Majesty's Revenue and Customs)."
 

Clause 22

 

LORD WEST OF SPITHEAD

Page 15, line 42, at end insert—
"(   )  An order under this section may amend or repeal section [Application of the PACE orders] (application of the PACE orders)."
 

After Clause 23

 

LORD WEST OF SPITHEAD

Insert the following new Clause—
  "Short-term holding facilities
  In section 147 of the Immigration and Asylum Act 1999 (c. 33) (removal centres and detained persons: interpretation), in the definition of "short-term holding facility"—
(a)  omit "solely", and
(b)  at the end insert "(whether or not it is also used for the detention of other persons for any period)."
 

Clause 28

 

LORD WEST OF SPITHEAD

Page 20, line 37, after "functions)" insert "—
(a)  after subsection (1)(b) insert—
"(c)  the provision of services pursuant to arrangements relating to the discharge of a function within paragraph (a) or (b).", and"
 

Clause 34

 

LORD WEST OF SPITHEAD

Page 24, line 40, leave out subsections (4) and (5)
 

Clause 35

 

LORD WEST OF SPITHEAD

Page 25, line 24, leave out "made by the Secretary of State"
Page 25, line 30, leave out "made by the Secretary of State"
Page 25, line 37, leave out subsection (7)
 

Clause 37

 

LORD WEST OF SPITHEAD

Page 27, line 12, after second "leave," insert "a qualifying CTA entitlement,"
Page 28, line 19, at end insert—
"(   )  a qualifying CTA entitlement;"
 

Clause 38

 

LORD WEST OF SPITHEAD

Page 29, leave out lines 16 to 18 and insert—
"(c)  that, subject to sub-paragraph (5)—
(i)  A had a relevant family association for the whole of the qualifying period, and
(ii)  A had a qualifying immigration status for the whole of that period;"
Page 29, line 19, leave out from "application" to "and" in line 22 and insert "—
(i)  A has probationary citizenship leave, or permanent residence leave, based on A's having the relevant family association referred to in section 6(2), or
(ii)  A has a qualifying CTA entitlement or a Commonwealth right of abode;"
Page 30, line 1, leave out from "leave" to end of line 3 and insert "—
(a)  the requirement specified in sub-paragraph (2)(c)(i) is fulfilled only if A was that person's partner for the whole of the qualifying period, and
(a)  for the purposes of sub-paragraph (2)(c)(ii), A can rely upon having a qualifying immigration status falling within paragraph 4A(1)(a), (b) or (c) only if that partnership is the relevant family association upon which the leave to which the status relates is based."
Page 30, line 9, at end insert—
"(7)  For the purposes of sub-paragraph (5), the relationship by reference to which A and the other person are partners need not be of the same description for the whole of the qualifying period.""
Page 30, leave out lines 21 to 25 and insert—
"(   )  treat A as fulfilling the requirement specified in paragraph 3(2)(c)(i) (including where it can be fulfilled only as set out in paragraph 3(5)) where a relevant family association of A's has ceased to exist;"
Page 30, line 27, after first "3(2)(c)" insert "(ii)"
Page 30, line 27, after second "3(2)(c)" insert "(ii)"
Page 31, line 2, leave out "A" and insert "Subject to paragraph 3(5), a"
Page 31, line 4, at end insert "based on a relevant family association"
Page 31, line 5, leave out "; or" and insert "based on a relevant family association;"
Page 31, line 6, at end insert "based on a relevant family association;
(   )  a qualifying CTA entitlement; or
(   )  a Commonwealth right of abode."
Page 31, leave out lines 7 to 9 and insert—
"(   )  For the purposes of paragraph 3 and this paragraph, the leave mentioned in sub-paragraph (1)(a), (b) or (c) is based on a relevant family association if it was granted on the basis of the person having a relevant family association."
Page 31, line 12, leave out "based on" and insert "and"
Page 31, line 15, leave out "rely on" and insert "have"
Page 31, leave out lines 17 to 21 and insert—
"(   )  Where, by virtue of sub-paragraph (3)(a), a person relies upon having more than one qualifying immigration status falling within sub-paragraph (1)(a), (b) or (c)—
(a)  subject to paragraph 3(5), it is not necessary that the leave to which each status relates is based on the same relevant family association, and
(b)  in a case where paragraph 3(5) applies, the relationship by reference to which the persons referred to in paragraph 3(5) are partners need not be of the same description in respect of each grant of leave.""
 

After Clause 41

 

LORD AVEBURY

 

LORD ROBERTS OF LLANDUDNO

Insert the following new Clause—
  "The Ilios: citizenship
  In section 6 of the British Overseas Territories Act 2002 (c. 8) (The Illios: citizenship) subsection (2) is omitted."
Insert the following new Clause—
  "Stateless children of British nationals
(1)  Schedule 4 to the British Nationality Act 1981 (c. 61) (amendments to Immigration Act 1971) is amended as follows.
(2)  In paragraph 4 subparagraph (1)(c) is omitted.
(3)  In paragraph 4, for subparagraphs (2)(a) and (2)(b) substitute—
 "shall be registered under it as a—
(a)  British citizen or
(b)  in the case of a child whose mother or father is, or would have been but for their death, a British overseas territories citizen, as a British overseas territories citizen."
(4)  In subparagraph (4) of paragraph (4), for "sub-paragraphs (1) to (3)" substitute "sub-paragraph (1)"."
Insert the following new Clause—
  "Acquisition by registration: stateless children of British citizens
(1)  Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.
(2)  In subsection (2), the words "made within the period of twelve months from the date of birth" are omitted.
(3)  In subsection (2), the words after "subsection (3)" there is substituted "save in the case of a person born stateless.""
Insert the following new Clause—
  "Acquisition by registration: minors
(1)  Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.
(2)  In subsection (2), the words "made within the period of twelve months from the date of birth" are omitted.
(3)  In subsection 3(3), paragraphs (b) and (c) are omitted."
Insert the following new Clause—
  "Provisions for reducing statelessness
(1)  A person born stateless on or after 1st July 1997 shall be entitled to be registered as a British Overseas citizen if—
(a)  while a minor an application is made for his registration as a British Overseas citzen, and
(b)  his father or mother was, immediately before 1st July 1997, a British Dependent Territories citizen by virtue of having a connection with Hong Kong specified in Article 2 of the Hong Kong (British Nationality) Order 1986 or would have been so but for his or her death.
(2)  Any person registered under subsection (1) of this section shall, in respect of the requirements of Article 6(3) of the Hong Kong (British Nationality) Order 1986, be deemed to have acquired British Overseas citizenship at birth under Article 6(2) of the Hong Kong (British Nationality) Order 1986."
Insert the following new Clause—
  "British citizenship: registration of certain persons without other citizenship
  In section 4B of the British Nationality Act 1981 (c. 61) (acquisition by registration: certain persons without other citizenship) susbections (2)(b) and (2)(c) are omitted."
 

LORD AVEBURY

 

BARONESS FALKNER OF MARGRAVINE

Insert the following new Clause—
  "Acquisition by registration: British nationals
(1)  The British Nationality Act 1981 (c. 61) is amended as follows.
(2)  After section 4B insert—
  "4BA   Acquisition by registration: British nationals
(1)  This section applies to a person who has the status of
(a)  a British Overseas Citizen,
(b)  a British subject under this Act,
(c)  a British Protected Person,
(d)  a British National (Overseas).
(2)  A person to whom this section applies shall be entitled to register as a British citizen if he applies for registration under this section."."
 

LORD AVEBURY

 

LORD ROBERTS OF LLANDUDNO

Insert the following new Clause—
  "Legitimacy
(1)  The British Nationality Act 1981 (c. 61) is amended as follows.
(2)  After Section 4C insert—
  "4D   Acquisition by registration: legitimacy
(1)  A person is entitled to be registered as a British citizen if—
(a)  he applies for registration under this section; and
(b)  he satisfies each of the following conditions.
(2)  The first condition is that the person was born before 1st July 2006.
(3)  The second condition is that the person is not already a British citizen.
(4)  The third condition is that the father of the child satisfies any requirements as to proof of paternity prescribed under section 50(9B) of this Act.
(5)  The fourth condition is that the person would have been a British citizen had his father been married to his mother at the time of his birth."."
Insert the following new Clause—
  "Acquisition by birth of adoption: British nationals
(1)  The British Nationality Act 1981 (c. 61) is amended as follows.
(2)  In section 1(1), the words "on or after the appointed day" are omitted.
(3)  In section 1(1), after pararaph (b) there is inserted—
(c)  a British Overseas Citizen
(d)  a British subject under this Act
(e)  a British Protected Person
(f)  a British National (Overseas)."."
Insert the following new Clause—
  "Acquisition by registration: minors
(1)  Section 3 of the British Nationality Act 1981 (c. 61) (acquisition by registration: minors) is amended as follows.
(2)  In subsection (5)(b), the words "and his father and mother" are omitted.
(3)  In subsection (5)(b), the words ", in the case of each of them," are omitted."

 
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19 February 2009