Borders, Citizenship and Immigration Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 17th December 2008, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 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. |
| 4 | (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 |
| 10 | (e) such other functions as the Secretary of State may by order determine. |
| (3) | 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. |
| (4) | Bodies to be consulted under subsection (3)(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 ROBERTS OF LLANDUDNO |
| | [As an amendment to Amendment 1] |
| 2* | Leave out lines 4 to 10 and insert— |
| "(2) | The UK Border Police Force shall have the functions of— |
| (a) | protecting UK borders; |
| (b) | strengthening frontier protection against threats to the security, social and economic integrity and environment of the United Kingdom; |
| (c) | preventing and detecting human trafficking; |
| (d) | maintaining and improving a safe, ordered and secure environment in ports; and |
| (e) | such other functions as the Secretary of State may by order determine." |
| 3 | Page 1, line 6, leave out "general" |
| 4 | Page 2, line 19, after "applies" insert "only" |
| 5 | Page 2, line 32, leave out subsection (8) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 1 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 2 stand part of the Bill. |
| 6 | Page 3, line 17, leave out from "officer" to end of line 18 |
| 7 | Page 3, line 22, leave out from "have" to end of line 24 |
| 8 | Page 3, line 25, leave out subsection (3) |
| 9 | Page 3, line 39, after "applies" insert "only" |
| 10 | Page 4, line 17, at end insert ", and |
| ( ) | any designation made under this section must be approved by both Houses of Parliament." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 4 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 5 stand part of the Bill. |
| 11 | Page 5, line 3, leave out "must" and insert "may" |
| 12* | Page 5, line 3, leave out from "must" to "by" on line 4 and insert "appoint a person" |
| 13* | Page 5, line 6, leave out "a designation" and insert "an appointment" |
| 14* | Page 5, line 7, leave out "designation" and insert "appointment" |
| 15 | Page 5, line 7, at end insert— |
| "( ) | Any appointment made under this section must be approved by both Houses of Parliament." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 6 stand part of the Bill. |
| 16 | Page 5, line 11, leave out "concurrently with the Commissioners" |
| 17 | Page 5, line 20, leave out paragraphs (d) and (e) |
| 18 | Page 6, line 5, after "applies" insert "only" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 7 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 8 stand part of the Bill. |
| 19 | Page 6, line 38, leave out "or any other enactment" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 10 stand part of the Bill. |
| 20 | Page 7, line 25, leave out from beginning to "a" in line 28 |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 11 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| 21 | Page 8, line 37, leave out "the Director is satisfied that" |
| 22 | Page 8, line 41, leave out "adequate" and insert "all necessary" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 12 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| 23 | Page 9, line 11, at beginning insert "not" |
| 24 | Page 9, line 12, at end insert "unless satisfied that such disclosure is reasonable" |
| 25 | Page 9, line 21, leave out paragraph (f) |
| 26 | Page 9, line 33, leave out subsection (5) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 14 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| 27 | Page 10, line 36, leave out subsection (5) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 15 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 16 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 17 stand part of the Bill. |
| | LORD ROBERTS OF LLANDUDNO |
| 28 | Page 12, line 21, leave out "or 17(1)" |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 18 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 19 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 20 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 21 stand part of the Bill. |
| 29 | 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)." |
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