Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 12 November 2013                  

68

 

Immigration Bill, continued

 
 

(c)    

the Secretary of State has given the registration authority or authorities

 

the section 45 notice, and

 

(d)    

that notice is of a decision that one or both of the parties to the referred

 

civil partnership have not complied with the investigation.’.

 

Mr Mark Harper

 

93

 

Schedule  4,  page  77,  line  19,  at end insert—

 

    ‘(5)  

In this paragraph—

 

“70 day period” has the same meaning as in section 45 of the 2014 Act;

 

“relevant statutory period” has the same meaning as in section 43 of the

 

2014 Act;

 

“section 43 notice” means notice under section 43(8) of the 2014 Act;

 

“section 45 notice” means notice under section 45(6) of the 2014 Act.’.

 


 

Mr Mark Harper

 

94

 

Clause  48,  page  38,  line  3,  leave out from ‘person’ to end of line 6.

 

Mr Mark Harper

 

95

 

Clause  48,  page  38,  line  32,  leave out from beginning to end of line 33.

 


 

Meg Hillier

 

99

 

Parliamentary Star    

Schedule  6,  page  84,  line  29,  at end insert ‘; and

 

‘( )    

require the fee for organisations which are charities, or which do not

 

charge fees to clients, or which operate as not-for-profit

 

organisations.’.

 

Meg Hillier

 

100

 

Parliamentary Star    

Schedule  6,  page  85,  line  25,  at end insert—

 

‘4B(1)  

When the Commissioner cancels a person’s registration, she must ensure that

 

the case files of all the people represented by that person are—

 

(a)    

returned to the individual represented;

 

(b)    

transferred to another person with the consent of the individual

 

represented; or

 

(c)    

passed to the Commissioner to arrange secure storage and the

 

possibility of retrieval for the files for a period of at least six years.

 

      (2)  

The Commissioner must make such arrangements as she sees fit to ensure that

 

individuals are aware of the cancellation of the registration of their adviser and

 

how they may retrieve their files.


 
 

Public Bill Committee: 12 November 2013                  

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Immigration Bill, continued

 
 

      (3)  

After files have been kept in such storage for six years, the Commissioner may

 

make arrangements for them to be securely destroyed.’.

 


 

Meg Hillier

 

101

 

Parliamentary Star    

Clause  59,  page  45,  line  32,  at end insert—

 

‘( )    

the quality of decision-making on the types of application for which the

 

fee is charged and whether decisions are made within performance

 

targets.’.

 

Meg Hillier

 

102

 

Parliamentary Star    

Clause  59,  page  45,  line  34,  leave out ‘may’ and insert ‘must’.

 

Meg Hillier

 

103

 

Parliamentary Star    

Clause  59,  page  45,  leave out line 38 and insert—

 

‘( )    

Regulations may make provision about—’.

 

Meg Hillier

 

104

 

Parliamentary Star    

Clause  59,  page  45,  line  41,  at end insert—

 

‘( )    

Fees regulations must provide for the refund of a fee paid to lodge an appeal

 

against an immigration decision when the Secretary of State withdraws the

 

decision appealed against before the appeal is heard.’.

 


 

Mr Mark Harper

 

14

 

Schedule  8,  page  93,  line  22,  at end insert—

 

‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)

 

            

In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc)

 

Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the definition

 

of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.’.

 

Dr Julian Huppert

 

36

 

Schedule  8,  page  95,  line  39,  after ‘rules’, insert ‘by a senior officer independent of

 

the original decision’.

 

Mr Mark Harper

 

48

 

Schedule  8,  page  103,  line  19,  after ‘52(2)’, insert ‘(apart from paragraph 5(3)(d)


 
 

Public Bill Committee: 12 November 2013                  

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Immigration Bill, continued

 
 

of Schedule 5 to the Immigration and Asylum Act 1999)’.

 


 

Dr Julian Huppert

 

38

 

Clause  63,  page  48,  line  16,  leave out from ‘subsection’ to end of line 17, and insert

 

‘may not be made unless a draft has been laid before, and approved by resolution of, each

 

House of Parliament’.

 

Mr Mark Harper

 

13

 

Clause  63,  page  48,  line  22,  after ‘purposes’ insert ‘or areas’.

 


 

New Clauses

 

Consultation with the devolved administrations

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

NC1

 

To move the following Clause:—

 

‘(1)    

Prior to the implementation of sections 15 to 32 the Secretary of State shall

 

consult with the Scottish Government, the Northern Ireland Executive, and the

 

Welsh Government on the implementation and principles of these sections.’.

 


 

Pilot of residential housing provisions

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

NC2

 

To move the following Clause:—

 

‘(1)    

Sections 15 to 32 shall not come into force until—

 

(a)    

a pilot of these measures has been undertaken in—

 

(i)    

one London borough;

 

(ii)    

one local authority in a county in England;

 

(iii)    

one local authority in a county in Wales;

 

(iv)    

one local authority in a county in Scotland; and

 

(v)    

one local authority in a county in Northern Ireland.

 

(2)    

Each pilot shall last for a period of six months.


 
 

Public Bill Committee: 12 November 2013                  

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Immigration Bill, continued

 
 

(3)    

At the conclusion of each pilot, the Secretary of State must prepare and publish a

 

report and must lay a copy of the report before Parliament.

 

(4)    

Each report shall contain an evaluation of the effects of sections 15 to 32 on the

 

level of discrimination in the private rental housing sector.

 

(5)    

A Minister of the Crown must, not later than three months after the report has

 

been laid before Parliament, make a motion in the House of Commons in relation

 

to the report.

 

(6)    

If a motion under subsection (5) has been approved by the House of Commons,

 

the provisions of sections 15 to 32 come into force on whatever day or days the

 

Secretary of State appoints by order made by statutory instrument.’.

 


 

Police Ombudsman for Northern Ireland

 

Mr Mark Harper

 

nc3

 

To move the following Clause:—

 

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

 

“60ZB

Immigration and customs enforcement functions

 

(1)    

The Ombudsman and the Secretary of State may enter into an agreement

 

to establish, in relation to the exercise of specified enforcement functions

 

by relevant officials, procedures which correspond to or are similar to

 

any of those established by virtue of this Part.

 

(2)    

Where no such procedures are in force in relation to a particular kind of

 

relevant official, the Secretary of State may by order establish such

 

procedures in relation to the exercise of specified enforcement functions

 

by that kind of relevant official.

 

(3)    

“Relevant officials” means—

 

(a)    

immigration officers and other officials of the Secretary of State

 

exercising functions relating to immigration or asylum;

 

(b)    

designated customs officials, and officials of the Secretary of

 

State, exercising customs functions (within the meaning of Part

 

1 of the Borders, Citizenship and Immigration Act 2009);

 

(c)    

the Director of Border Revenue exercising customs revenue

 

functions (within the meaning of that Part of that Act), and

 

persons exercising such functions of the Director;

 

(d)    

persons providing services pursuant to arrangements relating to

 

the discharge of a function within paragraph (a), (b), or (c).

 

(4)    

“Enforcement functions” includes, in particular—

 

(a)    

powers of entry,

 

(b)    

powers to search persons or property,

 

(c)    

powers to seize or detain property,

 

(d)    

powers to arrest persons,

 

(e)    

powers to detain persons, and


 
 

Public Bill Committee: 12 November 2013                  

72

 

Immigration Bill, continued

 
 

(f)    

powers to examine persons or otherwise to obtain information

 

(including powers to take fingerprints or to acquire other

 

personal data).

 

(5)    

“Specified” means specified in an agreement under subsection (1) or an

 

order under subsection (2).

 

(6)    

“Immigration officer” means a person appointed under paragraph 1(1) of

 

Schedule 2 to the Immigration Act 1971.

 

60ZC  

Section 60ZB: supplementary

 

(1)    

An agreement under section 60ZB may at any time be varied or

 

terminated—

 

(a)    

by the Secretary of State, or

 

(b)    

by the Ombudsman, with the consent of the Secretary of State.

 

(2)    

Before making an order under section 60ZB the Secretary of State must

 

consult the Ombudsman and such persons as the Secretary of State thinks

 

appropriate.

 

(3)    

An agreement or order under section 60ZB may provide for payment by

 

the Secretary of State to or in respect of the Ombudsman.

 

(4)    

An agreement or order under section 60ZB must relate only to the

 

exercise of enforcement functions—

 

(a)    

wholly in Northern Ireland, or

 

(b)    

partly in Northern Ireland and partly in another part of the United

 

Kingdom.

 

(5)    

An agreement or order under section 60ZB must relate only to the

 

exercise of enforcement functions on or after the day on which the

 

agreement or order is made.

 

(6)    

An agreement or order under section 60ZB must not provide for

 

procedures in relation to so much of any complaint or matter as relates to

 

functions conferred by or under Part 8 of the Immigration and Asylum

 

Act 1999 (detained persons & removal centres etc.).”

 


 

Domestic abuse and female genital mutilation

 

Meg Hillier

 

NC4

 

To move the following Clause:—

 

‘No charge under section 33 may be imposed for health services—

 

(a)    

relating to injuries sustained as a result of domestic abuse as defined in

 

Home Office Circular 003/2013 “New government domestic violence

 

and abuse definition”, or


 
 

Public Bill Committee: 12 November 2013                  

73

 

Immigration Bill, continued

 
 

(b)    

relating to injuries sustained as a result of female genital mutilation as

 

defined in the Female Genital Mutilation Act 2003.’.

 


 

Impact on victims of domestic abuse and female genital mutilation

 

Meg Hillier

 

NC5

 

To move the following Clause:—

 

‘Prior to implementation of section 33 the Secretary of State must publish an

 

assessment of the projected impact on—

 

(a)    

victims of domestic abuse as defined in Home Office Circular 003/2013

 

“New government domestic violence and abuse definition” or

 

(b)    

victims of female genital mutilation as defined in the Female Genital

 

Mutilation Act 2003.’.

 


 

Human trafficking

 

Meg Hillier

 

NC6

 

To move the following Clause:—

 

‘(1)    

No charge under section 33 may be imposed on victims or suspected victims of

 

human trafficking.

 

(2)    

The Secretary of State must—

 

(a)    

issue a code of practice for identifying suspected victims of human

 

trafficking for the purposes of this chapter,

 

(b)    

from time to time review the code, and may revise and re-issue it

 

following a review; and

 

(c)    

lay the code, and any revision of the code, before Parliament.’.

 


 

Review of appeals process

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

nc7

 

To move the following Clause:—

 

‘Following Royal Assent of this Bill the Secretary of State shall produce a review

 

after 12 months to be laid in the Library of the House of the numbers of people


 
 

Public Bill Committee: 12 November 2013                  

74

 

Immigration Bill, continued

 
 

successfully deported within a calendar year of the decision under sections 11 to

 

14.’.

 


 

Residence permit: domestic violence

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

nc8

 

To move the following Clause:—

 

‘(1)    

A person (P) shall be entitled to a residence permit for three months for rest and

 

reflection where—

 

(a)    

P is married, in a civil partnership, or in a durable relationship with

 

someone who is lawfully in the UK; and

 

(b)    

P is in the UK as a dependant of that other person; and

 

(c)    

the relationship breaks down as a result of domestic violence.

 

(2)    

The residence permit shall be available to P and any dependants already in the UK

 

with entitlement to work.’.

 


 

Non-discriminatory shifts and hours of work

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

NC9

 

To move the following Clause:—

 

‘In section 39 of the Equality Act 2010 (Employees and applicants), after

 

paragraph (2)(b) insert—

 

“(ba)    

as to B’s shifts or hours of work;”.’.

 


 

Gangmasters: licensing of activities

 

Mr David Hanson

 

Helen Jones

 

Phil Wilson

 

NC10

 

To move the following Clause:—

 

‘In section 3 of the Gangmasters (Licensing) Act 2004 (Work to which this Act

 

applies), after paragraph (1)(c) insert—


 
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Revised 12 November 2013