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Naturalisation: knowledge of language and society

Amendment made: No. 85, in page 1, line 8, at end insert—

'( ) In paragraph 2(e) of that Schedule (waiver)—

(a) for "the requirement specified in paragraph 1(1)(c)" there shall be substituted "either or both of the requirements specified in paragraph 1(1)(c) and (ca)", and

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(b) for "expect him to fulfil it" there shall be substituted "expect him to fulfil that requirement or those requirements".'.—[Beverley Hughes.]

Clause 4

Deprivation of citizenship

Amendments made: No. 17, in page 2, line 42, leave out "thinks" and insert "is satisfied".
No. 19, in page 3, line 5, leave out "thinks" and insert "is satisfied".
No. 88, in page 3, line 11, leave out "thinks" and insert "is satisfied".
No. 21, in page 3, line 23, leave out "thinks" and insert "is satisfied".—[Beverley Hughes.]

Clause 10

Right of abode: certificate of entitlement

Amendment made: No. 213, in page 7, line 13, at end insert—

'( ) specify the consequences of failure to comply with a requirement under any of paragraphs (c) to (e) above,'.—[Beverley Hughes.]

Clause 38

Destitute asylum-seeker

Amendments made: No. 217, in page 19, line 20, that Clause 38 be divided into 3 clauses, the first consisting of subsections (1) to (6) (Destitute asylum-seeker), the second consisting of subsections (7) to (11) and (15) (Section (Destitute asylum-seeker): supplemental), the third consisting of subsections (12) to (14) and (16) to (19) (Section (Destitute asylum-seeker): supplemental: Scotland and Northern Ireland).
No. 216, in page 19, line 25, at end insert—

'( ) who is in the United Kingdom,'.
No. 254, in page 20, line 12, at end insert "both".
No. 255, in page 20, line 16, at end insert "both".—[Beverley Hughes.]

Clause 45

Asylum-seeker: appeal against refusal to support

Amendment made: No. 218, in page 25, line 34, at end insert—

'( ) An appeal under this section may not be brought or continued by a person who is outside the United Kingdom.'.—[Beverley Hughes.]

Clause 49

Detention by Secretary of State

Amendments made: No. 103, in page 27, line 34, after "10" insert ", 10A".
No. 104, in page 28, line 48, at end insert—

'( ) In section 24(1) of that Act (bail) after "the Immigration Act 1971" insert ", or under section 49 of the Nationality, Immigration and Asylum Act 2002,".—[Beverley Hughes.]

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Clause 50


Amendment made: No. 59, in page 29, line 9, after "by", insert "reasonable".—[Beverley Hughes.]

Clause 57

Serious criminal

Amendments made: No. 249, in page 34, line 4, at end insert—

'of at least two years—

(i) '.
No. 250, in page 34, line 6, leave out "but does include" and insert—

'(unless at least two years of the sentence are not suspended),

(ii) includes'.
No. 251, in page 34, line 7, at end insert—

', and

(iii) includes a reference to a person who is sentenced to an indeterminate period of custody (provided that it may last for two years).'.—[Beverley Hughes.]

Clause 97

Leave pending decision on variation application

Ms Rosie Winterton: I beg to move amendment No. 239, in page 51, line 34, after "66(1)", insert—

'of the Nationality, Asylum and Immigration Act 2002'.

Mr. Deputy Speaker: With this, it will be convenient to discuss the following: Government amendments Nos. 240, 241, 208 to 212 and 248.

Ms Winterton: These are mainly minor and technical amendments, but it might help if I run through them briefly in a little more detail—[Interruption.]

Mr. Deputy Speaker: Order.

Ms Winterton: rose

Mr. Deputy Speaker: Will the Minister please resume her seat while I am on my feet? I am trying to restore peace for her. Will hon. Members who are not staying for this debate please retire quickly and quietly?

Ms Winterton: New clause 13 and new schedule 2 make provision relating to changes to the civil penalty and carriers' liability. Amendments Nos. 210, 211 and 212 to schedule 7 are minor and consequential amendments necessitated by new clause 13 and new schedule 2.

7.30 pm

The exception is the amendment to section 37(3)(c) of the Immigration and Asylum Act 1999, which addresses a non-binding concern of the Court of Appeal in Roth. It strengthens the rights of an applicant seeking the release of a detained vehicle by removing the requirement for them to have a "compelling need" for its release.

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Amendment No. 208 repeals section 25A(7) of the 1971 Act, which is being renumbered as section 25D. Section 25A relates to the detention of ships, aircraft and vehicles in connection with offences of assisting illegal entry and harbouring. Subsection (7) is no longer necessary, as the definition of an owner is being added to the interpretation section by new clause 12.

Amendment No. 209 repeals references in section 28A of the 1971 Act to powers of arrest when a person is suspected of having committed an offence under the present section 25(2) of the Act. Section 25(2) is being repealed, and the new section 25(2) will not contain a separate offence. These repeals follow from that.

On amendment No. 248, hon. Members will recall that we discussed yesterday new clauses 14 and 15. Non-suspensive appeal rights will come into force on Royal Assent as a result of those new clauses, but the other provisions of part 5 will come into force at a later date. Therefore, there will be a transitional period while part IV of the 1999 Act continues to operate at the same time as the new non-suspensive system. Amendment No. 248 amends part IV so that there is no conflict between the new and old systems.

Amendments Nos. 239 to 241 correct a drafting error. Clause 97 introduces a new version of section 3C of the 1971 Act to extend a person's leave while their application is outstanding. However, the clause lacks references to the Act that is being referred to. I am amazed that Opposition Members—especially the hon. Member for Upminster (Angela Watkinson), who has a reputation for spotting these problems—did not notice that and table such an amendment themselves.

Having given that explanation, I hope that hon. Members will accept the amendment.

Amendment agreed to.

Amendments made: No. 240, in page 51, line 38, at end insert "of that Act)."

No. 241, in page 52, line 1, leave out—

'the Nationality, Immigration and Asylum Act 2002'

and insert "that Act)."—[Beverley Hughes.]

Clause 101

Authority to carry

Simon Hughes: I beg to move amendment No. 66, in page 53, line 20, leave out clause 101.

We have more enthusiasm for this amendment than the Government had for their last amendments. It would leave out clause 101, which is the only clause dealing with the authority-to-carry scheme. Two provisions in the Bill relate to carriers' liability and involvement in immigration control. Sadly, as a result of the earlier guillotine, new clause 13 and Government new schedule 2, which deal with carriers' liability, were not debated. Like me, the hon. Member for Woking (Mr. Malins) regrets that, because those provisions raised substantial issues of interest to hon. Members and to commercial operators and their employees, and have been the subject of significant decisions by the courts, one of which resulted in the Government introducing legislation. [Interruption.] The hon. Member for Upminster (Angela Watkinson) shows her assent. It is a great pity that the only debate we can have about carriers is on clause 101.

Mr. Malins: I agree entirely with the hon. Gentleman. A number of outside bodies, including the Road Haulage

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Association, have worked flat out and diligently not just in the past few days but in the past few hours, to ensure that their views are put. They will be as disappointed as we are that the House was not able to hear their views.

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