Borders, Citizenship and Immigration Bill [HL]
FOURTH
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.
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 117 | Insert the following new Clause— |
|
"Duty to collect and publish statistics on detention and children
|
| | Duty to collect and publish statistics on detention and children |
| (1) | In pursuance of his duties under section 51, the Secretary of State shall collect and publish statistics regarding detention of children in relation to immigration, nationality and asylum on a regular basis. |
| (2) | In this section "statistics regarding detention and children" includes information relating to— |
| (a) | the total number of children detained under immigration act powers, during the relevant period, including details of— |
| (ii) | their nationalities, |
| (iii) | where they are detained, and |
| (iv) | the length of their detention, |
| (b) | the number of people who have dependent children under the age of 18 and who are detained under immigration act powers, without those children, and |
| (c) | the number of people whose ages are disputed and who are detained under immigration act powers." |
| 117A | Insert the following new Clause— |
| | "Ministerial authorisation of the detention of children |
| (1) | The continued detention of a child beyond 28 days by the UK Border Agency must be authorised by the Secretary of State in person before the 28th day of the child's detention and thereafter every 7 days. |
| (2) | Where the child is detained in Scotland, the consent of the Scottish Minister must be obtained. |
| (3) | Such an authorisation shall only be given where the Secretary of State is satisfied that— |
| (a) | there is no alternative but to detain the child, and |
| (b) | that the detention of the child is for the shortest possible time. |
| (4) | In giving such an authorisation, the Secretary of State shall have regard to section 11 of the Children Act 2004 (c. 41) (arrangements to safeguard and promote welfare) or section 51 of this Act, whichever is applicable." |
| | LORD ROBERTS OF LLANDUDNO |
| 117B | Insert the following new Clause— |
| | "Trafficking children for exploitation |
| | In section 4 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 (c. 19) (trafficking people for exploitation), after subsection (4)(d), insert— |
| "(e) | he is under the age of 18 and— |
| (i) | he is subjected to an abuse of power, or |
| (ii) | he is in a position of vulnerability"." |
| 118 | Page 42, line 14, leave out "Section" and insert "Sections (Application of the PACE orders) (application of the PACE orders) and" |
| 119 | Page 42, line 15, leave out "extends" and insert "extend" |
| 120 | Page 42, line 21, leave out "any of" |
| 121 | Page 42, line 22, leave out ", with or without modifications," |
| 122 | Page 42, line 23, leave out "any of" |
| 123 | Page 42, line 23, leave out "or" and insert "and" |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 124 | Page 43, leave out line 2 and insert "the day this Act is passed" |
| 125 | Page 44, line 5, at end insert— |
| "Immigration and Asylum Act 1999 (c. 33) | In section 147, in the definition of "short-term holding facility", the word "solely"." |
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