Clause 2 — Entering United Kingdom without passport

Part of Asylum and Immigration (Treatment of Claimants, Etc.) Bill – in the House of Commons at 4:49 pm on 1 March 2004.

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Question accordingly negatived.

Amendments made: No. 49, in page 2, leave out from beginning of line 9 to second 'an' in line 11 and insert—

'(2) A person commits an offence if at a leave or asylum interview he does not have with him, in respect of any dependent child with whom he claims to be travelling or living,'.

No. 50, in page 2, line 14, at end insert—

'(2A) But a person does not commit an offence under subsection (1) or (2) if—

(a) the interview referred to in that subsection takes place after the person has entered the United Kingdom, and

(b) within the period of three days beginning with the date of the interview the person provides to an immigration officer or to the Secretary of State a document of the kind referred to in that subsection.'.

No. 51, in page 2, line 30, at end insert—

'( ) Where the charge for an offence under subsection (1) or (2) relates to an interview which takes place after the defendant has entered the United Kingdom—

(a) subsections (3)(c) and (4)(c) shall not apply, but

(b) it is a defence for the defendant to prove that he has a reasonable excuse for not providing a document in accordance with subsection (2A).'.

No. 52, in page 2, line 33, after first 'it', insert

'or for not providing it in accordance with subsection (2A)'.

No. 34, in page 2, line 44, at end insert

', unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.'.

No. 53, in page 2, line 46 , after 'officer', insert

'or official of the Secretary of State'.

No. 24, in page 3, line 4, leave out 'six' and insert 'twelve'.

No. 54, in page 3, line 23, at end insert—

', and

"leave or asylum interview" means an interview with an immigration officer or an official of the Secretary of State at which a person—

(a) seeks leave to enter or remain in the United Kingdom, or

(b) claims that to remove him from or require him to leave the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention or would be unlawful under section 6 of the Human Rights Act 1998 (c. 42) as being incompatible with his Convention rights.'.

No. 25, in page 3, line 23, at end insert—

'( ) In so far as this section extends to England and Wales, subsection (7)(b) shall, until the commencement of section 154 of the Criminal Justice Act 2003 (c. 44) (increased limit on magistrates' power of imprisonment), have effect as if the reference to twelve months were a reference to six months.

( ) In so far as this section extends to Scotland, subsection (7)(b) shall have effect as if the reference to twelve months were a reference to six months.

( ) In so far as this section extends to Northern Ireland, subsection (7)(b) shall have effect as if the reference to twelve months were a reference to six months.'.

No. 55, in page 3, line 23, at end insert—

'( ) Section 11 of the Immigration Act 1971 (c. 77) shall have effect for the purpose of the construction of a reference in this section to entering the United Kingdom.'.—[Beverley Hughes.]