Immigration Bill Debate

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Department: Scotland Office

Immigration Bill

Lord Bates Excerpts
Monday 1st February 2016

(8 years, 3 months ago)

Lords Chamber
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Moved by
214: Schedule 6, page 100, line 9, leave out “Licensing” and insert “and Labour Abuse”
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Moved by
214B: Clause 30, page 37, line 27, at end insert—
“( ) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.
( ) In section 24A (extension of period of detention under section 24) for subsection (7) insert—
“(7) In this section and section 24B, “custody review officer” means—
(a) an officer who—(i) is of a rank at least equivalent to that of police inspector, and(ii) has not been involved in the investigation in connection with which the person is detained, or(b) in relation to the detention of a person under section 24 by an immigration officer, a constable—(i) of the rank of inspector or above, and(ii) who has not been involved in the investigation in connection with which the person is detained.”( ) In section 26A(2) (power of arrest of authorised immigration officers) omit “or immigration enforcement offence”.”
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Moved by
214E: After Clause 30, insert the following new Clause—
“Powers to take fingerprints etc. from dependants
(1) Section 141 of the Immigration and Asylum Act 1999 (powers to take fingerprints from certain persons and their dependants) is amended as follows.
(2) In subsection (7) for paragraph (f) substitute—
“(f) any person (“F”) who is—(i) a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or(ii) a dependant of a person within paragraph (c)(i).”(3) In subsection (8)(f) after “person” insert “of whose family he is a member or”.
(4) In subsection (9)(f) after “person” insert “of whose family he is a member or”.
(5) After subsection (13) insert—
“(13A) For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—
(a) the person is—(i) P’s partner,(ii) P’s child, or a child living in the same household as P in circumstances where P has care of the child,(iii) in a case where P is a child, P’s parent, or(iv) an adult dependant relative of P, and(b) the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom. (13B) In subsection (13A) “child” means a person who is under the age of 18.”
(6) In subsection (14) for “(7)(f)” substitute “(7)(f)(ii)”.”
(7) Section 142 of the Immigration and Asylum Act 1999 (attendance for fingerprinting) is amended as follows.
(8) In subsection (2) for “a dependant of” substitute “a member of the family of, or a dependant of,”.
(9) In subsection (2A) for “a dependant of” substitute “a member of the family of”.
(10) Until the commencement of the repeal of section 143 of the Immigration and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of Schedule 9 to the Immigration Act 2014, subsection (9) of that section has effect as if after “the person” there were inserted “of whose family he is a member or”.
(11) In section 144A(2) (application of regulations about use and retention of fingerprints etc to dependants) after “the person” insert “of whose family F is a member or”.”