Member

40: Clause 43, page 39, line 40, at end insert “, and (b) after subsection (1) insert—“(1A) A condition under any of sub-paragraphs (vi) to (x) of subsection (1)(c) may be attached to limited leave to enter or remain in the United Kingdom given to a person only if the Secretary of State considers that—(a) the person poses a threat to national security,(b) the person poses a threat to the safety of the public, a section of the public, a particular individual or particular individuals,(c) the person has committed an offence that is specified, or falls within a description specified, in Schedule 1 to the Serious Crime Act 2007 (serious offences),(d) the person has committed—(i) an offence that is specified in Part 2 of Schedule 18 to the Sentencing Code (specified sexual offences),(ii) a sexual offence for the purposes of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences), or(iii) an offence that is specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified sexual offences), or(e) the person—(i) has committed, or is suspected of having committed, an offence outside the United Kingdom, and(ii) the act constituting the offence would, if it had been done in any part of the United Kingdom, have constituted an offence within paragraph (c) or (d) (other than an offence within paragraph (xxviii) of the definition of “sexual offence” in section 210A(10) of the Criminal Procedure (Scotland) Act 2010). (1B) For the purposes of subsection (1A)(e) an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law however it is described in that law.””Member’s explanatory statement This amendment would place limits on the circumstances in which conditions referred to in section 3(1)(c)(vi) to (x) of the Immigration Act 1971 as inserted by clause 43(2) may be attached to a person’s limited leave to enter or remain in the United Kingdom.