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Amendments made: No. 60, in page 2, line 14, leave out " or 9" and insert "9 or 10".
No. 61, in page 2, line 32, leave out "and 9" and insert "9 and 10".[Beverley Hughes.]
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3 ordered to stand part of the Bill.
Amendments made: No. 46, in page 87, leave out line 28 and insert
'(5) For paragraph 19(3) substitute
"(3) A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded.
(3A) A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)
(a) if no proceedings in respect of offences under any of sections 15 to 18 are instituted within such time as the Court of Session considers reasonable, and
(b) if all proceedings in respect of offences under any of sections 15 to 18 have been concluded.".'.
'has substantial grounds to believe'.
'has substantial grounds to suspect'.
'(k) giving directions for a person's physical removal (to a country of which he is a national or citizen or to which there is reason to believe he will be admitted) pursuant to section 5(5) and paragraph 1 of Schedule 3 to that Act.'.
'is not satisfied that there are substantial grounds for'.
'(a) on grounds of change of circumstances, or
(b) where the initial certificate was cancelled because of a technical irregularity.'.
'but no order shall be made under this subsection after the expiry of the period of five years beginning with the date on which this Act was passed'.
'.( ) The power to revive or continue sections 21 to 23 by way of an order under subsection (2), may only be used once.'.
'save to review compliance with any rules made under section 5 of the Special Immigration Appeals Commission Act 1997'.
'28A.(1) The appropriate Minister shall appoint an independent Commissioner for the purpose of this section.
(2) The Commissioner must review the operation of sections 21 to 23 before the end of the period
(a) of 15 months beginning with the day on which this Act is passed;
(b) specified by an order made under section 28(2)(b) and (c), beginning with the date on which that order first came into force; and
(c) specified by an order made under section 28(4), but only if it has been approved by resolution of each House of Parliament.
(3) The Commissioner conducting a review under this section must prepare a report on the result of the review and lay a copy of it before each House of Parliament.
(4) In this section "the Commissioner" means the Commissioner appointed under subsection (1).'.
Simon Hughes: On a point of order, Sir Michael. I was listening very carefully and waiting for clause 17 to be called. We are minded to vote against it standing part of the Bill, but it was not called either on its own or with other clauses.
The Second Deputy Chairman: I read out very clearly the measures on which the Committee must vote, and the clause was included. I am afraid that the hon. Gentleman has missed his chance. We must now proceed to debate the proposals grouped with Government amendment No. 69.
Simon Hughes: Further to my point of order, Sir Michael. I do not wish to detain the Committee, but may I take you through what you said? Apparently, we were dealing with clauses 4 to 6, schedule 3, clauses 7
The Second Deputy Chairman: Let me repeat everything that I read out. I read out a proposal that clauses 4 to 6, schedule 3, clauses 7 to 17[Hon. Members: "No; 16"]schedule 4 and clauses 18 to 20 stand part of the Bill. That is what I read out. That is what I put to the Committee, and the Committee agreed to it. We must now move on.
The Second Deputy Chairman: I do not need to take advice. I am sure that what I read out[Interruption.] Order. I am quite clear about this, and there is no point in pursuing it further. I put clause 17 to the Committee, among other provisions, and the Committee agreed to it. We must now move on to the debate on amendment No. 69 and the proposals taken with it.
The Second Deputy Chairman: Order. I have explained the position to the hon. Gentleman, who is merely repeating what he said earlier. I am clear about what I put to the Committee: I have it before me. The Committee has agreed to the clause in question, and we must now move to the next business.