Public Bill Committees
Nationality, Immigration and Asylum Bill

• Nationality, Immigration and Asylum Bill, 1st sitting (12 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 1 - Naturalisation: (53 speeches)
    I beg to move amendment No. 91, in page 1, line 4, leave out subsection (1).
  • Clause 2 - Naturalisation: spouse of citizen (17 speeches)
    I beg to move amendment No. 98, in page 2, line 12, after 'paragraphs' insert '2'.
  • Clause 3 - Citizenship ceremony, oath and pledge (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Schedule 1 - Citizenship ceremony, oath and pledge (45 speeches)
    I beg to move amendment No. 27, in page 69, line 6, leave out second 'and' and insert 'or'.
  • Clause 4 - Deprivation of citizenship (32 speeches)
    I beg to move amendment No. 96, in page 2, line 38, at end insert 'provided the citizenship was obtained by registration or naturalisation'.
  • Clause 6 - Nationality decision: discrimination (0 speeches)
    Amendment made: No. 2, in page 5, leave out line 23.—[Angela Eagle.] Clause 6, as amended, ordered to stand part of the Bill. Clauses 7 to 10 ordered to stand part of the Bill. Clause...
• Nationality, Immigration and Asylum Bill, 2nd sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 14 - Establishment of centres (94 speeches)
    I beg to move amendment No. 18, in page 9, line 6, after 'of', insert 'a maximum of 250'.
  • Clause 15 - Support for destitute asylum-seeker (7 speeches)
    I beg to move amendment No. 129, in page 9, line 12, after 'centre', insert: 'for a maximum period of three months'.
• Nationality, Immigration and Asylum Bill, 3rd sitting (5 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 15 - Support for destitute asylum-seeker (52 speeches)
    Amendment proposed [7 May]: No. 129, in page 9, line 12, after 'centre', insert 'for a maximum period of three months'.—[Mr. Malins.] Question again proposed, That the amendment be made.
  • Clause 16 - Asylum-seeker: definition (33 speeches)
    I beg to move amendment No. 130, in page 9, line 39, leave out paragraph (c).
  • Clause 17 - Destitution: definition (13 speeches)
    I beg to move amendment No. 173, in page 10, line 17, leave out 'and' and insert 'or'.
• Nationality, Immigration and Asylum Bill, 4th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 18 - Dependant: definition (32 speeches)
    I beg to move amendment No. 103, in page 11, line 5, at end add— '(c) is over 18 years of age'. The amendment would exclude children under 18 and their families from accommodation centres...
  • Clause 19 - Sections 15 to 18: supplementary (10 speeches)
    I beg to move amendment No. 136, in page 11, line 8, leave out 'and decide'.
  • Clause 21 - Person subject to United Kingdom (28 speeches)
    I beg to move amendment No. 106, in page 11, line 28, leave out subsection (1) and insert— ''(1) A residence restriction may include a requirement to reside at an accommodation centre.'' A...
  • Clause 25 - Facilities (34 speeches)
    I beg to move amendment No. 142, in page 12, line 20, leave out 'may' and insert 'shall'.
  • Clause 26 - Conditions of residence (23 speeches)
    I beg to move amendment No. 148, in page 13, line 9, after 'hours', insert 'which shall not be more than 12 hours per day'.
  • Clause 27 - Financial contribution by resident (3 speeches)
    I beg to move amendment No. 190, in page 14, line 3, leave out 'become realisable' and insert 'has been realised and are under the control of the applicant'.
  • Clause 28 - Tenure (0 speeches)
    Amendment made: No. 111, in page 14, line 33, at end insert— '( ) In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided...
  • Clause 29 - Ancillary provisions (0 speeches)
    Amendments made: No 112, in page 14, line 41, at end insert— '( ) section 108 (failure of sponsor to maintain),'. No. 113, in page 14, line 43, at end insert— '( ) section 113...
  • Clause 30 - Education: General (0 speeches)
    Amendments made: No. 153 in page 15, line 11, leave out subsection (2). No. 198, in page 15, line 18, leave out 'unless the school or nursery is' and insert— '(3A) But subsection (3)...
  • Clause 31 - Education: Special cases (0 speeches)
    Amendments made: No. 159, in page 16, line 12, leave out 'provide' and insert 'arrange for the provision of'. No. 160, in page 16, line 12, leave out 'which' and insert 'whom'. No. 161, in...
  • Clause 32 - ''Prescribed'': orders and regulations (0 speeches)
    Amendment made: No. 201, in page 17, line 9, at end insert— '( ) section [Withdrawal of support under Part 2],'.—[Angela Eagle.] Clause 32, as amended, ordered to stand part of the...
  • Clause 33 - Scotland (0 speeches)
    Amendment made: No. 116, in page 17, line 28, leave out paragraphs (c) and (d).—[Angela Eagle.] Clause 33, as amended, ordered to stand part of the Bill. Further consideration...
• Nationality, Immigration and Asylum Bill, 5th sitting (7 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 34 - Asylum-seeker: form of support (22 speeches)
    I beg to move amendment No. 207, in page 17, line 37, leave out paragraph (a). My hon. Friend the Member for Southwark, North and Bermondsey (Simon Hughes) gives his apologies for not being...
  • Clause 35 - Destitute asylum-seeker (18 speeches)
    I beg to move amendment No. 117, in page 18, line 9, at end insert: '( ) In subsection (1) for the definition of ''asylum-seeker'' substitute— '' ''asylum-seeker'' means a person— ...
  • Clause 36 - Young asylum-seeker (4 speeches)
    I beg to move amendment No. 260, in page 20, line 1, at end add— '(2) The financial support made available as a result of subsection (1) shall be paid in advance and support for children...
  • Clause 37 - Failed asylum-seeker (8 speeches)
    I beg to move amendment No. 215, in page 20, line 7, after 'the', insert 'essential living needs and'.
  • Clause 38 - Conditions of support (10 speeches)
    I beg to move amendment No. 216, in page 20, leave out lines 26 to 36. The amendment would remove specific reference to the reporting arrangements and the conditions imposed on the individual...
  • Clause 39 - Choice of form of support (18 speeches)
    I beg to move amendment No. 217, in page 20, line 41, after 'subsection', insert 'and refused without reasonable excuse'. During debates on the Immigration and Asylum Act 1999, we discussed how...
  • Clause 41 - Asylum-seeker: (6 speeches)
    I beg to move amendment No. 221, in page 22, line 15, after 'appellant', insert 'or witness expenses incurred by a witness'. The clause deals with the appeal that an individual may make against...
  • Clause 42 - Voluntary departure from United Kingdom (1 speech)
    I beg to move amendment No. 250, in page 22, line 41, leave out subsection (5) and insert— '(5) The following provisions of the Immigration Act 1971 (c.77) shall cease to have effect—...
  • Clause 43 - International projects (12 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 44 - Repeal of spent provisions (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • Clause 45 - Detention by secretary of state (3 speeches)
    I beg to move amendment No. 120, in page 24, line 15, leave out subsections (3) and (4) and insert— '(3) A provision of Schedule 2 to that Act about a person who is detained or liable to...
• Nationality, Immigration and Asylum Bill, 6th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 45 - Detention by Secretary of State (6 speeches)
    I beg to move amendment No. 238, in page 24, line 40, leave out subsection 8. Welcome back to the Chair, Mr. Hurst. We come now to the important aspects of detention and removal. As the Minister...
  • Clause 46 - Escorts (19 speeches)
    I beg to move amendment No. 252, in page 25, line 8, leave out 'arrests' and inserts 'detains'.
  • Clause 47 - Detention centres: change of name (30 speeches)
    I beg to move amendment No. 263, in page 25, line 22, leave out paragraph (a). It is this amendment that confused me in the last group. Amendment No. 263 following No. 236 is too much for my...
  • Clause 48 - Bail (18 speeches)
    I beg to move amendment No. 234, in page 26, line 22, leave out 'eight' and insert 'seven'. This is a short probing amendment. The right of an applicant detained for further inquiries at a port...
  • Clause 49 - Reporting restriction: travel expenses (3 speeches)
    I beg to move amendment No. 232, in page 27, line 2, leave out 'may' and insert 'shall'. This relates to travel expenses. For the system of reporting to work properly, the person travelling to...
  • Clause 50 - Induction (11 speeches)
    I beg to move amendment No. 229, in page 27, line 16, leave out 'without regard to his personal circumstances'.
  • Clause 51 - Asylum-seeker: residence, ÿ restriction (5 speeches)
    I beg to move amendment No. 271, in page 28, line 14, leave out '50 and insert '16'.
  • Clause 52 - Family (6 speeches)
    I beg to move amendment No. 227, in page 28, line 29, after 'family', insert— 'in so far as to do so would be in accordance with Articles 1 to 40 of the 1989 United Nations Convention on...
  • Clause 53 - Deception (3 speeches)
    I beg to move amendment No. 275, in page 29, line 13, after 'uses', insert 'material'. This is a threshold amendment—which is another familiar brand of amendment that we regularly come...
  • Clause 54 - Exemption from deportation (5 speeches)
    I beg to move amendment No. 276, in page 29, line 18, leave out subsection (2).
  • Clause 55 - Revocation of leave to enter or remain (25 speeches)
    I beg to move amendment No. 257, in page 29, line 34, leave out subsection (1).
  • Clause 56 - no removal while claim for asylum pending (5 speeches)
    I beg to move amendment No. 283, in page 30, line 44, after 'Convention', insert: 'or Article 3 of the European Convention of Human Rights'.
  • Clause 58 - Removal of asylum-seeker to third country (5 speeches)
    I beg to move amendment No. 289, in page 32, line 25, after 'asylum', insert— 'provided that a draft of any such arrangement has been laid before and approved by resolution of each House of...
• Nationality, Immigration and Asylum Bill, 7th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 94 - Fee for work permit, &c. (19 speeches)
    9 am
  • Clause 96 - Authority to carry (27 speeches)
    I beg to move amendment No. 301, in page 47, line 10, leave out 'nationality'. I rise on this beautiful morning to speak briefly on this gentle and probing amendment. The terms of clause 96 have...
  • Clause 97 - Physical data: compulsory provision (28 speeches)
    I beg to move amendment No. 302, in page 48, line 27, leave out paragraph (g). This is a gentle and probing amendment. The clause is extremely general. In simple terms, it says that the...
  • Clause 98 - Physical data: voluntary provision (7 speeches)
    I beg to move amendment No. 303, in page 49, line 32, leave out paragraph (c). Under clause 98 the Secretary of State can operate a scheme enabling people voluntarily to provide data with a view...
  • Clause 99 - Data collection under (1 speech)
    Question proposed, That the clause stand part of the Bill.
  • Column Number: 308 (0 speeches)
    Clause 100Local Authority
  • Local Authority (3 speeches)
    I beg to move amendment No. 293, in page 50, line 12, leave out 'or 24A(1)' and insert ', 24A(1) or 26(1)(c) or (d)'. The amendment adds offences under the Immigration Act 1971 to the list of...
• Nationality, Immigration and Asylum Bill, 8th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 100 - Local authority (19 speeches)
    Amendment proposed [this day]: No. 293, in page 50, line 12, leave out 'or 24A(1)' and insert ', 24A(1) or 26(1)(c) or (d)'.—[Angela Eagle.] Question again proposed, That the amendment be...
  • Clause 101 - Inland Revenue (7 speeches)
    I beg to move amendment No. 321, in page 50, leave out lines 36 and 37 and insert— '(a) the person has committed an offence under section 24(1)(a), (b), (c), (e) or (f) or 24A(1) of the...
  • Clause 102 - Police, &c. Question proposed, That the clause stand part of the Bill. (5 speeches)
    The Minister rightly said that the purposes for which information is collected may include the prevention of crime. She may remember the significant debates in both Houses during the passage of...
  • Clause 104 - Medical inspectors (3 speeches)
    I beg to move amendment No. 375, in page 51, line 31, leave out subsection (1) and insert— '(1) This section applies to a person if an immigration officer acting under Schedule 2 to the...
  • Clause 105 - employer (4 speeches)
    I beg to move No. 296, in page 52, line 26, leave out 'the earnings of'.
  • Clause 107 - Notice (6 speeches)
    I beg to move amendment No. 305, in page 53, line 24, after 'State', insert 'and the person affected'.
  • Clause 110 - privilege against self-incrimination (2 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 112 - Assisting Unlawful Immigration, &c. (40 speeches)
    With this it will be convenient to take the following amendments: No. 330, in page 56, line 22, leave out '14' and insert '5'. No. 329, in page 56, line 22, leave out '14' and insert '2'.
  • Clause 113 - traffic in prostitution (12 speeches)
    I beg to move amendment No. 259, in page 58, line 42, leave out from 'if' to 'in' in line 43 and insert 'he uses force, coercion, or deception, or abuse of power or of a position of...
  • Clause 115 - employment (3 speeches)
    I beg to move amendment No. 339, in page 60, leave out lines 14 to 16.
  • Column Number: 351 (0 speeches)
    Clause 116Registration Card
  • Registration Card (16 speeches)
    I beg to move amendment No. 310, in page 60, line 30, after 'makes', insert 'or is concerned in the making of'. This is a mildly probing amendment to define the meaning of the word ''makes''...
  • Clause 118 - Sections 116 and 117: consequential amendments (3 speeches)
    I beg to move amendment No. 340, in page 62, line 9, at end insert— '(a) '.
  • Clause 119 - Power of entry (3 speeches)
    I beg to move amendment No. 311, in page 62, line 32, after '(c)', insert 'with a warrant issued by a magistrates' court and'. This is a probing amendment to decide whether, on occasions such as...
  • Clause 120 - Power to search for evidence (12 speeches)
    I beg to move amendment No. 335, in page 63, line 40, leave out from ''if'' to end of line 41 and insert ''on application made by an immigration officer a justice of the peace is satisfied that...
  • Schedule 7 - Repeals (5 speeches)
    Amendment made: No. 397, in page 78, line 11, at end insert— {**t cols="2"**} {**bt**} 'Section 31(d).'. —[Angela Eagle.]
• Nationality, Immigration and Asylum Bill, 9th sitting (0 speeches)
  [Mr. Alan Hurst in the Chair]
  • Clause 59 - Adjudicators (18 speeches)
    I beg to move amendment No. 202, in page 33, line 6, leave out 'shall' and insert 'may'.
  • Schedule 3 - Immigration and asylum appeals: adjudicators (0 speeches)
    Amendment made: No. 203, in page 74, line 8, leave out paragraphs 6 and 7 and insert: 'The Lord Chancellor— (a) may pay remuneration and allowances to adjudicators, (b) may pay...
  • Clause 60 - Right of appeal: general (28 speeches)
    I beg to move amendment No. 427A, in page 33, line 15, after 'immigration', insert 'or nationality'.
  • Clause 61 - Appeal: claim for asylum (8 speeches)
    I beg to move amendment No. 400, in page 34, line 1, leave out paragraph (b).
  • Clause 62 - Grounds of appeal (31 speeches)
    I beg to move Government amendment No. 342, in page 34, line 20, leave out paragraph (d) and insert— '(d) that the appellant is an EEA national or a member of the family of an EEA national...
• Nationality, Immigration and Asylum Bill, 10th sitting (0 speeches)
  [Mr. Eric Illsley in the Chair]
  • Clause 63 - Matters to be considered (32 speeches)
    I beg to move amendment No. 344, in page 34, line 36, at end insert— '(A1) An appeal under section 60(1) against a decision shall be treated by the adjudicator as including an appeal...
  • Clause 64 - Consolidation of appeals (5 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 65 - Successful appeal: discretion (1 speech)
    I beg to move amendment. No. 350, in page 35, line 15, after '60', insert 'or 61'. The amendment widens the scope of the clause and gives the adjudicator the power to give directions by...
  • Clause 66 - Ineligibility (15 speeches)
    I beg to move amendment No. 404, in page 35, line 37, leave out paragraph (c).
  • Clause 67 - Compliance with procedure (9 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 68 - Visitor or student without entry clearance (0 speeches)
    Amendment made: No. 352, in page 36, line 29, at end insert— '( ) Subsection (2) does not prevent the bringing of an appeal on either or both of the grounds referred to in section...
  • Clause 69 - Non-family visitor (12 speeches)
    I beg to move amendment No. 292, in page 36, line 35, leave out from 'family' to end of line 36.
  • Clause 70 - Student (4 speeches)
    Amendment made: No. 354, in page 37, line 8, at end insert— '(2) Subsection (1) does not prevent the bringing of an appeal on either or both of the grounds referred to in section 62(1)(b)...
  • Clause 71 - Appeal from within United Kingdom: general (0 speeches)
    Amendments made: No. 355, in page 37, line 13, at end insert 'under section 10 of this Act'. No. 356, in page 37, line 35, leave out paragraph (c) and insert— '(c) that the appellant is...
  • Clause 72 - Appeal from within United Kingdom: ''third country'' removal (14 speeches)
    I beg to move amendment No. 357, in page 37, line 43, leave out from 'appellant' to 'and' in line 45 and insert 'has claimed that his removal from the United Kingdom would be unlawful under...
  • Clause 73 - Appeal from outside United Kingdom: removal (9 speeches)
    Question proposed, That the clause stand part of the Bill.
  • Clause 74 - Earlier right of appeal (38 speeches)
    I beg to move amendment No. 408, in page 38, line 7, leave out subsection (1).
  • Clause 75 - National security, &c. (8 speeches)
    With this it will be convenient to consider amendment No. 412, in page 39, line 20, at end add— '( ) In paragraph 2(1) of Schedule 2 of the Access to Justice Act 1999 (Community Legal...
  • Clause 76 - Other grounds of public good (3 speeches)
    I beg to move amendment No. 413, in page 39, line 30, leave out paragraph (b). The clause excludes cases from attracting a right of appeal when the Secretary of State certifies that a person's...
  • Clause 77 - Sections 72, 75 and 76: appeal in progress (0 speeches)
    Amendment made: No. 361, in page 39, line 36, leave out '72,'.—[Angela Eagle.] Clause 77, as amended, ordered to stand part of the Bill. Clause 78 ordered to stand part of the Bill.
  • Schedule 4 - The immigration Appeal Tribunal (0 speeches)
    Amendments made: No. 206, in page 74, line 33, leave out 'shall' and insert 'may'. No. 204, in page 75, line 17, leave out paragraphs 9 and 10 and insert— 'The Lord Chancellor— ...
  • Clause 79 - Appeal to Tribunal (0 speeches)
    Amendment made: No. 425, in page 40, line 8, at end insert— '(2) A party to an application to the Tribunal for permission to appeal under subsection (1) may apply to the High Court for a...
  • Clause 80 - Decision (0 speeches)
    Amendments made: No. 362, in page 40, line 19, leave out from 'the' to 'including' in line 21 and insert 'adjudicator's decision,'. No. 363, in page 40, line 22, leave out 'date of the...
  • Clause 84 - Rules (0 speeches)
    Amendments made: No. 366, in page 41, line 36, leave out 'an appeal' and insert 'proceedings'. No. 367, in page 41, line 37, leave out 'or 79' and insert ', 79 or 81'. No. 368, in page 42,...
  • Clause 89 - Interpretation (0 speeches)
    Amendments made: No. 371, in page 43, leave out lines 28 to 30. No. 372, in page 43, line 31, leave out 'that Act' and insert 'the Immigration Act 1971 (c.77)'.—[Angela Eagle.] Clause...
  • Schedule 6 - Immigration and Asylum Appeals: Consequential amendments (0 speeches)
    Amendments made: No. 384, in page 77, line 7, at end insert— 'In paragraph 25 of that Schedule (rules) for ''section 22 of this Act'' substitute ''section 84 of the Nationality,...
  • Clause 92 - Requirement to state additional grounds for application (0 speeches)
    Amendment made: No. 373, in page 45, line 6, after 'taken', insert 'or may be taken'.—[Angela Eagle.] Clause 92, as amended, ordered to stand part of the Bill. Clause 93 disagreed to.
  • New Clause 1 - Unlawful presence in United Kingdom (0 speeches)
    '(1) This section applies for the construction of a reference to being in the United Kingdom ''in breach of the immigration laws'' in section 4(2) or (4) or 50(5) of, or Schedule 1 to, the...
  • New Clause 3 - Accommodation centres: Northern Ireland(No. 1) (0 speeches)
    '(1) The Secretary of State may not make arrangements under section 14 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister....
  • New Clause 4 - Accommodation centres: Wales (0 speeches)
    'The Secretary of State may not make arrangements under section 14 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.'.—[Angela Eagle.]...
  • New Clause 10 - Withdrawal of support under Part 2 (0 speeches)
    '(1) The Secretary of State may stop providing support for a person under section 15 or 22 if— (a) the Secretary of State suspects that the person or a dependant of his has committed an...
  • New Clause 11 - Support for asylum-seeker: family with children (0 speeches)
    'The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c.33) (destitute asylum-seeker with child: duty to support)— ''122 Family with children (1)...
  • New Clause 15 - Detention centres: custodial functions (0 speeches)
    '(1) The following shall be substituted for section 154(5) of the Immigration and Asylum Act 1999 (c.33) (power to confer functions of detainee custody officers on prison officers and prisoner...
  • New Clause 18 - Arrest by immigration officer (0 speeches)
    'The following shall be inserted after section 28A of the Immigration Act 1971 (c.77) (arrest without warrant)— ''28AA Arrest with warrant (1) This section applies if on an...
  • New Clause 19 - Adjudicator: determination of appeal (0 speeches)
    '(1) This section applies on an appeal under section 60(1) or 61. (2) The adjudicator must determine— (a) any matter raised as a ground of appeal (whether or not by virtue of section...
  • New Clause 20 - Removal: serious criminal (0 speeches)
    '(1) This section applies for the purpose of the construction and application of Article 33(2) of the Refugee Convention (exclusion from protection). (2) A person shall be presumed to have...