Clause 17 - Offence of advertising services
Asylum and Immigration (Treatment of Claimants, etc.) Bill
3:30 pm

Photo of Ms Beverley Hughes

Ms Beverley Hughes (Minister of State (Citizenship and Immigration), Home Office; Stretford and Urmston, Labour)

I beg to move amendment No. 149, in

clause 17, page 19, line 14, at end insert—

'( ) A complaint charging the commission of an offence under this section may in Northern Ireland be heard and determined by a magistrates' court if—

(a) it is made within the period of six months beginning with the date (or first date) on which the offence is alleged to have been committed, or

(b) it is made—

(i) within the period of two years beginning with that date, and

(ii) within the period of six months beginning with a date certified by the Immigration Services Commissioner as the date on which the commission of the offence came to his notice.'' '.

This is similar to amendment No. 147, in that it is technical, and ensures that, as is the case in England and Wales, proceedings in Northern Ireland relating to an offence under the clause can be heard up to two years after the commission of the offence. That will be possible provided that it is within six months of the date certified by the commissioner as the date when the commission of the offence first came to his notice. Similar provisions will need to be made for Scotland, and that will be part of our discussions with Scottish colleagues. An amendment may be required on Report

to cover the Scottish situation. However, the amendment relating to Northern Ireland is straightforward.

Amendment agreed to.

Question proposed, That the clause, as amended, stand part of the Bill.

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