Borders, Citizenship and Immigration Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
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 |
| (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) | Persons 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." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| | [As an amendment to Amendment 1] |
| 2 | Line 4, leave out subsections (2) to (4) 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; and |
| (d) | maintaining and improving a safe, ordered and secure environment in ports." |
| 3 | Page 1, line 9, after "Commissioners" insert ", or officers of Revenue and Customs," |
| 4 | Page 2, line 19, after "section" insert "—(a)" |
| 5 | Page 2, line 20, after "applies" insert "; |
| (b) | to functions of officers of Revenue and Customs are to functions conferred by an enactment to which section 3 (designation of general customs officials) applies." |
| 6 | Page 2, line 35, at end insert "and which is listed in Schedule (List of "customs revenue" functions and "general customs" functions)" |
| | BARONESS GIBSON OF MARKET RASEN |
| | BARONESS TURNER OF CAMDEN |
| 7* | Page 3, line 17, leave out paragraphs (a) and (b) and insert— |
| "(a) | any officer transferred to the UK Border Agency from HM Revenue and Customs, |
| (b) | any UK Border Agency employee recruited for that specific purpose," |
| 8* | Page 3, line 25, leave out subsection (3) |
| | BARONESS GIBSON OF MARKET RASEN |
| | BARONESS TURNER OF CAMDEN |
| 9* | Page 4, line 25, leave out "or for a specified period" |
| 10* | Page 4, line 26, leave out "(in either case)" |
| 11* | Page 4, line 26, leave out from "withdrawn" to end of line 27 |
| 12* | Page 4, line 28, leave out "or vary" |
| 13 | Page 5, line 6, leave out subsection (2) and insert— |
| "( ) | A designation made under this section must be approved by both Houses of Parliament." |
| 14 | Page 6, line 10, leave out "(2)" and insert "(2)(b)" |
| 15 | Page 6, line 22, at end insert "and which is listed in Schedule (List of "customs revenue" functions and "general customs" functions)" |
| | BARONESS GIBSON OF MARKET RASEN |
| | BARONESS TURNER OF CAMDEN |
| 16* | Page 7, line 25, leave out paragraph (a) and insert— |
| "(a) | any officer transferred to the UK Border Agency from HM Revenue and Customs." |
| | BARONESS GIBSON OF MARKET RASEN |
| | BARONESS TURNER OF CAMDEN |
| 17* | Page 8, line 32, leave out "or for a specified period" |
| 18* | Page 8, line 33, leave out from "withdrawn" to end of line 34 |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 19 | Page 8, line 43, at end insert— |
| "(6) | "Adequate training" means training that provides a designated customs official with all the instruction and skills appropriate and necessary to exercise the customs revenue functions conferred on him fully and properly." |
| 20 | Insert the following new Clause— |
| | "UK Border Agency detention |
| | In the application of PACE orders by virtue of section 22— |
| (a) | no person may be detained in an office of the UK Border Agency for a period exceeding 3 hours, and |
| (b) | no person may be detained in a police cell under powers granted to the UK Border Agency for more than 5 days." |
| 21 | Insert the following new Clause— |
| (1) | A designated immigration officer or a designated customs official at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual— |
| (a) | may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), or |
| (b) | is subject to a warrant for arrest. |
| (2) | A designated immigration officer who detains an individual— |
| (a) | must arrange for a constable to attend as soon as is reasonably practicable, |
| (b) | may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person, |
| (c) | must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and |
| (d) | must, when the constable arrives, deliver to the constable the individual and anything retained on a search. |
| (3) | An individual may not be detained under this section for longer than three hours. |
| (4) | A designated immigration officer may use reasonable force for the purpose of exercising a power under this section. |
| (5) | Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may— |
| (a) | pursue the individual, and |
| (b) | return the individual to the port. |
| (6) | Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33)." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 22 | Page 23, line 26, at end insert— |
| "(2B) | Regulations made under subsection (1) or (2A) may make provision conferring functions on the Independent Police Complaints Commission in respect of the exercise of immigration functions, customs functions and the provision of services pursuant to arrangements relating to the discharge of those functions whether in the UK or overseas." |
| 23 | Insert the following new Clause— |
| | "Exceptions to application of this Part |
| | Nothing in this Part shall affect an application, made prior to the commencement of this Part by any person, for the following— |
| (a) | indefinite leave to remain in the United Kingdom; or |
| (b) | British citizenship." |
| 24 | Page 29, line 19, after "has" insert "refugee status, humanitarian protection status," |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 25* | Page 29, line 19, leave out "probationary citizenship leave" and insert "limited leave to enter or remain" |
| | BARONESS FALKNER OF MARGRAVINE |
| 26 | Page 29, line 25, leave out "been in continuous employment" and insert "not been in breach of conditions of that leave" |
| 27 | Page 29, line 29, at end insert— |
| "(g) | that A must declare whether he or she holds a passport of another nationality and, if so, what nationality this is; and |
| (h) | that, following the acquisition of British citizenship, A must declare if he or she subsequently obtains a passport of another nationality. |
| (2A) | Failure to comply with sub-paragraph (2)(h) will result in the cancellation and withdrawal of the United Kingdom passport." |
| 28 | Page 29, line 38, at end insert— |
| ""(ba) | treat the applicant as fulfilling the requirement specified in paragraph 1(2)(c) where the applicant has had a qualifying immigration status for only part of the qualifying period;" |
| 29 | Page 29, line 39, leave out "requirements" and insert "requirement" |
| 30 | Page 29, line 40, leave out "1(2)(c) and (d)" and insert "1(2)(d)" |
| 31 | Page 30, line 34, at end insert "; or |
| "(g) | a pending application for leave to remain pursuant to an asylum claim, a human rights claim, or, in reliance on Council Directive 2004/83/EC. |
| (1A) | For the purposes of this paragraph, an asylum claim and a human rights claim have the meaning given in section 113 of the Nationality, Immigration and Asylum Act 2002, and a pending application is one that had not yet been determined or that is the subject of a pending appeal within the meaning of section 104 of that Act ." |
| | BARONESS MILLER OF CHILTHORNE DOMER |
| 32* | Page 30, line 34, at end insert— |
| "(g) | a pending application for leave to remain pursuant to an asylum claim or a human rights claim; or |
| (h) | leave to remain outside the immigration rules. |
| (1A) | An asylum claim and a human rights claim have the meaning given in section 113 of the Nationality, Immigration and Asylum Act 2002 and a pending application is one that has not yet been determined or that is the subject of a pending appeal within the meaning of section 104 of that Act." |
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