House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

15

House of Commons

Notices of Amendments

given on

Thursday 31 October 2013

For other Amendment(s) see the following page(s):

Immigration Bill Committee 11-13

Public Bill Committee

Immigration Bill

Mr Mark Harper

1

Clause  12,  page  10,  line  27,  leave out ‘foreign criminals’ and insert ‘persons liable

to deportation’.

Mr Mark Harper

2

Clause  12,  page  11,  line  13,  leave out ‘foreign criminals’ and insert ‘persons liable

to deportation’.

Mr Mark Harper

3

Clause  12,  page  11,  line  14,  leave out from ‘where’ to end of line 15 and insert ‘a

human rights claim has been made by a person (“P”) who is liable to deportation under—

(a)
section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming

deportation conducive to public good), or

(b)
section 3(6) of that Act (court recommending deportation following

conviction).’.

Mr Mark Harper

4

Clause  12,  page  11,  line  18,  leave out ‘C’ and insert ‘P’.

Mr Mark Harper

5

Clause  12,  page  11,  line  19,  leave out ‘C’ and insert ‘P’.

Notices of Amendments: 31 October 2013
16

Immigration Bill, continued

Mr Mark Harper

6

Clause  12,  page  11,  line  20,  leave out ‘C’s’ and insert ‘P’s’.

Mr Mark Harper

7

Clause  12,  page  11,  line  24,  leave out ‘C’ and insert ‘P’.

Mr Mark Harper

8

Clause  12,  page  11,  line  26,  leave out ‘C’ and insert ‘P’.

Mr Mark Harper

9

Clause  12,  page  11,  line  28,  leave out subsection (4).

Mr Mark Harper

10

Clause  17,  page  16,  line  22,  at end insert—

‘( )
A landlord is to be taken to “authorise” an adult to occupy premises in the

circumstances mentioned in subsection (1) if (and only if) there is a contravention

of this section.’.

Mr Mark Harper

11

Clause  17,  page  17,  line  11,  at end insert—

‘( )
A contravention of this section does not affect the validity or enforceability of any

provision of a residential tenancy agreement by virtue of any rule of law relating

to the validity or enforceability of contracts in circumstances involving

illegality.’.

Mr Mark Harper

12

Clause  29,  page  25,  line  4,  at end insert—

‘( )
If the draft of an instrument containing an order under or in connection with this

Chapter would, apart from this subsection, be a hybrid instrument for the

purposes of the standing orders of either House of Parliament, it is to proceed in

that House as if it were not a hybrid instrument.’.

Mr Mark Harper

13

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

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)”.’.

Notices of Amendments: 31 October 2013
17

Immigration Bill, continued

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.’.

Mr David Hanson

Helen Jones

Phil Wilson

15

Clause  1,  page  1,  line  10,  after ‘it’, insert ‘and the Secretary of State has given the

person written notice of his liability to removal’.

Mr David Hanson

Helen Jones

Phil Wilson

16

Clause  1,  page  2,  line  32,  at end add—

‘(7)
Regulations under subsection (6)—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.’.

Mr David Hanson

Helen Jones

Phil Wilson

17

Clause  2,  page  2,  line  35,  at end add ‘(Schedule 1 is subject to existing regulatory

systems under—

(a)
the Chief Inspector of Borders and Immigration,

(b)
IPCC, and

(c)
HM Inspector of Prisons.’.

Mr David Hanson

Helen Jones

Phil Wilson

18

Clause  3,  page  3,  line  6,  at end insert—

‘(5)
In deciding whether to give consent to bail the Secretary of State will consider

whether the applicant is pregnant.’.

Mr David Hanson

Helen Jones

Phil Wilson

19

Page  4,  line  23,  leave out Clause 5.

Notices of Amendments: 31 October 2013
18

Immigration Bill, continued

Mr David Hanson

Helen Jones

Phil Wilson

20

Clause  6,  page  5,  line  10,  after ‘citizen’, insert ‘or after three years’.

Mr David Hanson

Helen Jones

Phil Wilson

21

Clause  10,  page  6,  line  37,  after ‘offence’, insert ‘for which, if convicted, the

offender would be liable to a term of imprisonment exceeding eight weeks’.

Mr David Hanson

Helen Jones

Phil Wilson

22

Clause  10,  page  7,  leave out lines 1 to 3.

Mr David Hanson

Helen Jones

Phil Wilson

23

Page  8,  line  19,  leave out Clause 11.

Mr David Hanson

Helen Jones

Phil Wilson

24

Clause  11,  page  8,  line  20,  at beginning insert—

‘(6)
This section shall not come into force until a draft statutory instrument is laid

before, and approved by resolution of, each House of Parliament.

(7)
An order under subsection (3A) may not be made until—

(a)
a report by the Independent Chief Inspector of Borders and Immigration

on entry clearance decision-making in the UK Border Agency for entry

clearance and managed migration; and

(b)
the Secretary of State is satisfied that decision-making for entry clearance

and managed migration is—

(i)
efficient;

(ii)
effective; and

(iii)
fair.’.

Mr David Hanson

Helen Jones

Phil Wilson

25

Clause  15,  page  15,  line  24,  leave out ‘order’ and insert ‘regulations’.

Mr David Hanson

Helen Jones

Phil Wilson

26

Clause  15,  page  15,  line  27,  at end add—

Notices of Amendments: 31 October 2013
19

Immigration Bill, continued

‘(8)
Regulations under subsection (6)—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before, and approved by

resolution of, each House of Parliament.’.

Mr David Hanson

Helen Jones

Phil Wilson

27

Clause  24,  page  21,  line  42,  leave out paragraph (c).

Mr David Hanson

Helen Jones

Phil Wilson

28

Clause  24,  page  22,  line  7,  leave out paragraph (b).

Mr David Hanson

Helen Jones

Phil Wilson

29

Schedule  1,  page  51,  line  23,  after ‘premises’, insert ‘within 24 hours of

application.’.

Mr David Hanson

Helen Jones

Phil Wilson

30

Schedule  3,  page  55,  line  22,  after ‘hostel’, insert ‘night shelter or domestic

women’s refuge’.

Mr David Hanson

Helen Jones

Phil Wilson

31

Schedule  3,  page  56,  line  35,  leave out paragraph 8.

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.

Notices of Amendments: 31 October 2013
20

Immigration Bill, continued

(2)
Each pilot should last for a period of six months.

(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.’.

Dr Julian Huppert

32

Clause  3,  page  3,  leave out lines 7 to 19.

Dr Julian Huppert

33

Clause  3,  page  3,  leave out lines 31 to 42.

Dr Julian Huppert

34

Clause  6,  page  4,  line  36,  at end insert—

‘(1ZA)
Subsection 1(bza) does not apply to persons who were—

(a)
born before 1 January 1983 outside the United Kingdom to a British

mother; or

(b)
born before 1 July 2006 outside the United Kingdom to a British father

who was not married to their mother.’.

Dr Julian Huppert

35

Clause  14,  page  14,  line  3,  at end insert ‘or

(c)
was born in the United Kingdom and has always lived in the United

Kingdom;’.

Dr Julian Huppert

36

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

the original decision’.

Dr Julian Huppert

37

Clause  33,  page  27,  line  24,  after ‘charge’, insert ‘for—

(i)
holders of tier 4 student visas and student visitor visas;

(ii)
a person who has made National Insurance payments for two

financial years; and

(iii)
other groups that the Secretary of State may specify in the

order.’.

Dr Julian Huppert

38

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

Notices of Amendments: 31 October 2013
21

Immigration Bill, continued

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

House of Parliament’.

Dr Julian Huppert

39

Clause  1,  page  2,  line  32,  at end add—

‘(7)
The Secretary of State shall by order—

(a)
ensure that children are not detained for immigration purposes; and

(b)
ensure that if a child requires accommodation prior to departure for—

(i)
a minimal pre-departure period with their family, or

(ii)
the period until they can leave the country, where a child arrives

at a port of entry without a required visa, and makes no claim for

visa or asylum on arrival,


such accommodation must be provided.

(8)
Accommodation set out in subsection (7) should be—

(a)
suitable so as to ensure the child’s welfare needs can be met, and

(b)
for the least amount of time practicably possible.

(9)
Where subsection (7)(b) applies, the officer responsible must ensure that children

are only separated from their parents and carers for the purposes of child

protection.’.

Mr David Hanson

Helen Jones

Phil Wilson

40

Clause  2,  page  2,  line  35,  at end add—

‘(2)
The enforcement powers provided for in Schedule are subject to oversight by—

(a)
the Chief Inspector of Borders and Immigration,

(b)
the Independent Police Complaints Commission, and

(c)
HM Inspector of Prisons.’.



© Parliamentary copyright	Revised 1 November 2013