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by Munro Research

United Kingdom Borders (Control and Sovereignty) Bill


Official Summary

A Bill to make provision for the re-establishment of the control and sovereignty of policy, administration and all other matters relating to the United Kingdom’s borders with the European Union and to the entry and exit to the United Kingdom of foreign nationals; and for connected purposes.

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Overview

The United Kingdom Borders (Control and Sovereignty) Bill aims to reassert parliamentary sovereignty over UK borders, particularly concerning the entry and exit of non-UK citizens. It seeks to repeal relevant sections of the Immigration Act 1988 and establish a new system for regulating entry and temporary residence.

Description

This bill primarily focuses on regaining control over UK borders post-EU membership. Key aspects include:

  • Reaffirmation of Parliamentary Sovereignty: The bill explicitly reinstates Parliament's authority to decide who can enter and leave the UK.
  • Repeal of Immigration Act 1988, Section 7: This section, presumably related to EU immigration rules, is removed.
  • Regulation of Non-UK Citizen Entry: The UK reserves the exclusive right to regulate entry and exit of non-UK citizens, overriding any conflicting EU laws or agreements.
  • Certificates of Temporary Residence: Non-UK citizens residing without valid documentation must apply for certificates confirming their temporary residence. The Secretary of State will manage this process, with parliamentary oversight of any related orders.
  • Offences and Penalties: Being in the UK without legal authority after a specified date (31st December 2020, as per the original bill text) or entering illegally constitutes an offence, punishable by imprisonment (up to six months), fines (up to £5,000), or both. Deportation is also mandated unless deemed against the public interest by the Secretary of State.

Government Spending

The bill doesn't explicitly state the cost. However, implementing the new system for certificates of temporary residence, enforcement of new offenses, and potential deportation costs will likely result in increased government spending on border control and immigration services. No figures are provided in the bill text.

Groups Affected

  • Non-UK citizens in the UK: Those without valid documentation will need to apply for temporary residence certificates, potentially facing penalties if they fail to comply.
  • Non-UK citizens seeking entry to the UK: The bill will change entry regulations, potentially making entry more difficult or less accessible.
  • Government agencies: The Home Office and other relevant agencies will be responsible for implementing and enforcing the new laws.
  • Courts: Courts will be involved in adjudicating cases related to offences under the new legislation.
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