House of Commons Amendments

Session 2013 - 14
Internet Publications
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


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


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
69

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


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


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

Meg Hillier

103


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

‘( )
Regulations may make provision about—’.

Meg Hillier

104


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
70

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
71

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—



© Parliamentary copyright	Revised 12 November 2013