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| For other Amendment(s) see the following page(s):
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| Immigration Bill Committee 11-13 |
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| Clause 12, page 10, line 27, leave out ‘foreign criminals’ and insert ‘persons liable |
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| Clause 12, page 11, line 13, leave out ‘foreign criminals’ and insert ‘persons liable |
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| Clause 12, page 11, line 14, leave out from ‘where’ to end of line 15 and insert ‘a |
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| human rights claim has been made by a person (“P”) who is liable to deportation under— |
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| | (a) | section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming |
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| | deportation conducive to public good), or |
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| | (b) | section 3(6) of that Act (court recommending deportation following |
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| Clause 12, page 11, line 18, leave out ‘C’ and insert ‘P’. |
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| Clause 12, page 11, line 19, leave out ‘C’ and insert ‘P’. |
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| Clause 12, page 11, line 20, leave out ‘C’s’ and insert ‘P’s’. |
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| Clause 12, page 11, line 24, leave out ‘C’ and insert ‘P’. |
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| Clause 12, page 11, line 26, leave out ‘C’ and insert ‘P’. |
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| Clause 12, page 11, line 28, leave out subsection (4). |
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| Clause 17, page 16, line 22, at end insert— |
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| | ‘( ) | A landlord is to be taken to “authorise” an adult to occupy premises in the |
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| | circumstances mentioned in subsection (1) if (and only if) there is a contravention |
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| Clause 17, page 17, line 11, at end insert— |
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| | ‘( ) | A contravention of this section does not affect the validity or enforceability of any |
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| | provision of a residential tenancy agreement by virtue of any rule of law relating |
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| | to the validity or enforceability of contracts in circumstances involving |
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| Clause 29, page 25, line 4, at end insert— |
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| | ‘( ) | If the draft of an instrument containing an order under or in connection with this |
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| | Chapter would, apart from this subsection, be a hybrid instrument for the |
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| | purposes of the standing orders of either House of Parliament, it is to proceed in |
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| | that House as if it were not a hybrid instrument.’. |
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| Clause 63, page 48, line 22, after ‘purposes’ insert ‘or areas’. |
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| Schedule 8, page 93, line 22, at end insert— |
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| | ‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19) |
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| | | In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) |
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| | Act 2004 (claimant’s credibility; definitions), in paragraph (d) of the definition |
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| | of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.’. |
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| | Consultation with the devolved administrations |
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| To move the following Clause:— |
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| | ‘(1) | Prior to the implementation of sections 15 to 32 the Secretary of State shall |
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| | consult with the Scottish Government, the Northern Ireland Executive, and the |
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| | Welsh Government on the implementation and principles of these sections.’. |
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| Clause 1, page 1, line 10, after ‘it’, insert ‘and the Secretary of State has given the |
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| person written notice of his liability to removal’. |
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| Clause 1, page 2, line 32, at end add— |
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| | ‘(7) | Regulations under subsection (6)— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | may not be made unless a draft has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Clause 2, page 2, line 35, at end add ‘(Schedule 1 is subject to existing regulatory |
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| | (a) | the Chief Inspector of Borders and Immigration, |
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| | (c) | HM Inspector of Prisons.’. |
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| Clause 3, page 3, line 6, at end insert— |
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| | ‘(5) | In deciding whether to give consent to bail the Secretary of State will consider |
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| | whether the applicant is pregnant.’. |
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| Page 4, line 23, leave out Clause 5. |
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| Clause 6, page 5, line 10, after ‘citizen’, insert ‘or after three years’. |
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| Clause 10, page 6, line 37, after ‘offence’, insert ‘for which, if convicted, the |
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| offender would be liable to a term of imprisonment exceeding eight weeks’. |
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| Clause 10, page 7, leave out lines 1 to 3. |
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| Page 8, line 19, leave out Clause 11. |
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| Clause 11, page 8, line 20, at beginning insert— |
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| | ‘(6) | This section shall not come into force until a draft statutory instrument is laid |
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| | before, and approved by resolution of, each House of Parliament. |
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| | (7) | An order under subsection (3A) may not be made until— |
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| | (a) | a report by the Independent Chief Inspector of Borders and Immigration |
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| | on entry clearance decision-making in the UK Border Agency for entry |
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| | clearance and managed migration; and |
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| | (b) | the Secretary of State is satisfied that decision-making for entry clearance |
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| | and managed migration is— |
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| Clause 15, page 15, line 24, leave out ‘order’ and insert ‘regulations’. |
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| Clause 15, page 15, line 27, at end add— |
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| | ‘(8) | Regulations under subsection (6)— |
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| | (a) | shall be made by statutory instrument, and |
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| | (b) | may not be made unless a draft has been laid before, and approved by |
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| | resolution of, each House of Parliament.’. |
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| Clause 24, page 21, line 42, leave out paragraph (c). |
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| Clause 24, page 22, line 7, leave out paragraph (b). |
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| Schedule 1, page 51, line 23, after ‘premises’, insert ‘within 24 hours of |
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| Schedule 3, page 55, line 22, after ‘hostel’, insert ‘night shelter or domestic |
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| Schedule 3, page 56, line 35, leave out paragraph 8. |
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| | Pilot of residential housing provisions |
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| To move the following Clause:— |
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| | ‘(1) | Sections 15 to 32 shall not come into force until— |
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| | (a) | a pilot of these measures has been undertaken in— |
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| | (ii) | one local authority in a county in England; |
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| | (iii) | one local authority in a county in Wales; |
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| | (iv) | one local authority in a county in Scotland; and |
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| | (v) | one local authority in a county in Northern Ireland. |
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| | (2) | Each pilot should last for a period of six months. |
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| | (3) | At the conclusion of each pilot, the Secretary of State must prepare and publish a |
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| | report and must lay a copy of the report before Parliament. |
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| | (4) | Each report shall contain an evaluation of the effects of sections 15 to 32 on the |
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| | level of discrimination in the private rental housing sector. |
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| | (5) | A Minister of the Crown must, not later than three months after the report has |
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| | been laid before Parliament, make a motion in the House of Commons in relation |
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| | (6) | If a motion under subsection (5) has been approved by the House of Commons, |
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| | the provisions of sections 15 to 32 come into force on whatever day or days the |
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| | Secretary of State appoints by order made by statutory instrument.’. |
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| Clause 3, page 3, leave out lines 7 to 19. |
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| Clause 3, page 3, leave out lines 31 to 42. |
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| Clause 6, page 4, line 36, at end insert— |
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| | ‘(1ZA) | Subsection 1(bza) does not apply to persons who were— |
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| | (a) | born before 1 January 1983 outside the United Kingdom to a British |
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| | (b) | born before 1 July 2006 outside the United Kingdom to a British father |
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| | who was not married to their mother.’. |
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| Clause 14, page 14, line 3, at end insert ‘or |
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| | (c) | was born in the United Kingdom and has always lived in the United |
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| Schedule 8, page 95, line 39, after ‘rules’, insert ‘by a senior officer independent of |
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| Clause 33, page 27, line 24, after ‘charge’, insert ‘for— |
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| | (i) | holders of tier 4 student visas and student visitor visas; |
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| | (ii) | a person who has made National Insurance payments for two |
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| | (iii) | other groups that the Secretary of State may specify in the |
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| Clause 63, page 48, line 16, leave out from ‘subsection’ to end of line 17, and insert |
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| ‘may not be made unless a draft has been laid before, and approved by resolution of, each |
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| Clause 1, page 2, line 32, at end add— |
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| | ‘(7) | The Secretary of State shall by order— |
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| | (a) | ensure that children are not detained for immigration purposes; and |
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| | (b) | ensure that if a child requires accommodation prior to departure for— |
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| | (i) | a minimal pre-departure period with their family, or |
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| | (ii) | the period until they can leave the country, where a child arrives |
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| | at a port of entry without a required visa, and makes no claim for |
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| | visa or asylum on arrival, |
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| | | such accommodation must be provided. |
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| | (8) | Accommodation set out in subsection (7) should be— |
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| | (a) | suitable so as to ensure the child’s welfare needs can be met, and |
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| | (b) | for the least amount of time practicably possible. |
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| | (9) | Where subsection (7)(b) applies, the officer responsible must ensure that children |
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| | are only separated from their parents and carers for the purposes of child |
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| Clause 2, page 2, line 35, at end add— |
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| | ‘(2) | The enforcement powers provided for in Schedule are subject to oversight by— |
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| | (a) | the Chief Inspector of Borders and Immigration, |
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| | (b) | the Independent Police Complaints Commission, and |
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| | (c) | HM Inspector of Prisons.’. |
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