House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1567

House of Commons

Notices of Amendments

given on

Wednesday 22 January 2014

For other Amendment(s) see the following page(s) of Supplement to Votes:

1289, 1305, 1321, 1343 and 1355

Consideration of Bill

Immigration Bill, As Amended

Restrictions on Bulgarian and Romanian migrants

Nigel Mills

Mr Philip Hollobone

Mr Douglas Carswell

Philip Davies

Mr David Nuttall

Stephen Barclay

Mr Charles Walker

Andrew Percy

Andrew Bridgen

Andrew Rosindell

Mark Pritchard

Mr Christopher Chope

Jason McCartney

Tracey Crouch

Mr Andrew Turner

Dr Julian Lewis

Karl McCartney

Martin Vickers

Mr John Redwood

Sir Gerald Howarth

Nick de Bois

David T. C. Davies

Mr Stewart Jackson

Bob Blackman

Mark Reckless

Mr Laurence Robertson

Mr John Whittingdale

Mr Aidan Burley

Henry Smith

Sir Edward Leigh

Charlotte Leslie

Mrs Anne Main

Bill Wiggin

Mr Graham Brady

Mr David Ruffley

Mr John Baron

Dr Phillip Lee

Stephen Phillips

Anne Marie Morris

Heather Wheeler

Jack Lopresti

Andrew Bingham

Mr Mark Spencer

Chris Kelly

Mr Nigel Dodds

Mr David Davis

Oliver Colvile

Jacob Rees-Mogg

Mr Adam Holloway

Angie Bray

Mr Dominic Raab

Gordon Henderson

Mr Brian Binley

Mr Ian Liddell-Grainger

Richard Drax

Simon Reevell

Nadine Dorries

Mark Field

Dr William McCrea

David Simpson

Sammy Wilson

Chris Heaton-Harris

Caroline Dinenage

Mr Bernard Jenkin

Christopher Pincher

Jesse Norman

Mr James Gray

Mr Graham Stuart

Jim Shannon

Bob Stewart

James Duddridge

Tim Loughton

Andrew Stephenson

NC1

To move the following Clause:—

Notices of Amendments: 22 January 2014
1568

Immigration Bill, continued

‘The Transitional Provisions set out in Article 20 and Annexes VI and VII of the

European Communities No. 2 (2005) Treaty shall be in force until 31 December

2018.’.

As an Amendment to Nigel Mills’s proposed New Clause (Restrictions on Bulgarian

and Romanian migrants) (NC1):—

Mr Peter Bone

(a)

Line  2,  after ‘shall’, insert ‘, notwithstanding the provisions of the European

Communities Act 1972, be reinstated from the date that Royal Assent is

signified to this Act and shall’.

Duty to assess whether EU immigration is excessive

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colville

Henry Smith

NC4

To move the following Clause:—

‘(1)
The Secretary of State must make, in respect of each assessment period, an

assessment of whether EU immigration is excessive.

(2)
The Secretary of State must make an assessment as soon as practicable after the

end of the assessment period in question.

(3)
It is for the Secretary of State to decide which matters to take into account when

making an assessment.

(4)
The Secretary of State may, in particular, take into account the effects, or

expected effects, of EU immigration in the United Kingdom (including effects on

the labour market).’.

Duty to produce report if EU immigration is excessive

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colville

Henry Smith

NC5

To move the following Clause:—

‘(1)
This section applies if the assessment made by the Secretary of State in respect of

a particular assessment period is that EU immigration is excessive.

(2)
The Secretary of State must produce an EU immigration report in relation to the

assessment period.

Notices of Amendments: 22 January 2014
1569

Immigration Bill, continued

(3)
An EU immigration report is a document which sets out—

(a)
the Secretary of State’s reasons for making that assessment;

(b)
the Secretary of State’s views on the effects or expected effects of the

excessive EU immigration in the United Kingdom (including effects on

the labour market); and

(c)
the steps which the Secretary of State is proposing to take in response to

the situation.

(4)
An EU immigration report may include any other material which the Secretary of

State considers appropriate.

(5)
The Secretary of State must lay a copy of an EU immigration report before each

House of Parliament.

(6)
The Secretary of State must comply with subsections (4) and (5) before the end

of the relevant reporting period.’.

Interpretation of sections 1 and 2

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colville

Henry Smith

NC6

To move the following Clause:—

‘(1)
This section applies for the purposes of sections [1] and [2] (and this section).

(2)
A reference to “EU immigration” is a reference to—

(a)
nationals of member states other than the United Kingdom, and

(b)
members of their families,


entering or remaining in the United Kingdom in the exercise of an EU right of

residence.

(3)
These expressions have meanings given—

“asssessment” means an assessment under section [1];

“assessment period” means—

(a)
a calendar year, or

(b)
if another period (not longer than a year) is specified by order

made by the Secretary of State, that period;


“EU right of residence” means a right of residence in the United

Kingdom which arises by virtue of—

(a)
an enforceable EU right, or

(b)
any provision made under section 2(2) of the European

Communities Act 1972;

“relevant reporting period”, in relation to an EU immigration report,

means—

(a)
the period of six months, or

(b)
if a different period is specified by order made by the Secretary

of State, that period,

beginning with the day following the last day of the assessment period to

which the report relates;

Notices of Amendments: 22 January 2014
1570

Immigration Bill, continued

(4)
A statutory instrument containing an order under this section may not be made

unless a draft of the instrument has been laid before each House of Parliament and

approved by a resolution of each House of Parliment.’.

Duty to assess expected immigration effects of accession

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colvile

Henry Smith

NC7

To move the following Clause:—

‘(1)
This section applies if Her Majesty’s Government enters into negotiations on the

terms of an EU accession treaty.

(2)
The Secretary of State must make an assessment of the changes to—

(a)
EU immigration, and

(b)
the effects of EU immigration in the United Kingdom (including effects

on the labour market),


which could be expected if the proposed member State were to accede to the EU.

(3)
The Secretary of State must make the assessment as soon as the Secretary of State

considers it appropriate to do so.

(4)
As soon as practicable after making as assessment, the Secretary of State must lay

a copy of the assessment before each House of Parliament.

(5)
In making an assessment, the Secretary of State may make assumptions about the

rights to enter and remain in the United Kingdom that nationals of the proposed

member State and members of their families could be expected to enjoy if the

proposed member State acceded to the EU.

(6)
If the Secretary of State considers it appropriate to do so, the Secretary of State

may—

(a)
make a new assessment in place of any assessment previously made

under this section, or

(b)
revise any assessment previously made (or previously revised) under this

section;


and, insuch a case, references in this section and section 2 to an assessment, or to

the making of an assessment, are to be read accordingly.

(7)
This section applies whether Her Majesty’s Government enters into negotiations

before or after this section comes into force.’.

Notices of Amendments: 22 January 2014
1571

Immigration Bill, continued

Duties when conducting accession negotiations

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colvile

Henry Smith

NC8

To move the following Clause:—

‘(1)
This section applies if the Secretary of State makes an assessment under section

[1] in relation to the accession of a proposed member State to the EU.

(2)
A Minister of the Crown must have regard to the assessment when conducting

negotiations on the terms of the EU accession treaty.

(3)
The steps which the Minister of the Crown may take in conducting those

negotiations include steps taken with a view to securing that, if the proposed

member State were to accede to the EU, the United Kingdom may impose

appropriate transitional controls on nationals of that State and members of their

families.’.

Duties before ratification of accession treaties

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colvile

Henry Smith

NC9

To move the following Clause:—

‘(1)
This section applies if Her Majesty’s Government has agreed the terms of an EU

accession treaty.

(2)
As soon as practicable after the terms have been agreed, the Secretary of State

must commission an independent accession assessment from—

(a)
the Migration Advisory Committee, or

(b)
some other body of persons which is, in the Secretary of State’s view,

independent of Her Majesty’s Government and appropriate to advise Her

Majesty’s Government on matters relating to immigration.

(3)
An independent accession assessment is a document which assesses the following

two matters.

(4)
First, it must assess the changes to—

(a)
EU immigration, and

(b)
the effects of EU immigration in the United Kingdom (including effects

on the labour market),


which are expected after the accession of the proposed member State to the EU.

(5)
Secondly, it must assess the extent to which those changes would adversely affect

the interests of the United Kingdom (if the changes were to occur).

Notices of Amendments: 22 January 2014
1572

Immigration Bill, continued

(6)
As soon as practicable after the independent accession assessment is received, the

Secretary of State must produce an accession report.

(7)
In producing the accession report, the Secretary of State must have regard to the

independent accession assessment.

(8)
An accession report is a document which sets out—

(a)
the Secretary of State’s views on the changes (if any) to EU immigration

which are expected after the accession of the proposed member State to

the EU; and

(b)
the Secretary of State’s views on the extent (if any) to which any such

changes would adversely affect the interests of the United Kingdom (if

the changes were to occur).

(9)
An accession report may include any other material which the Secretary of State

considers appropriate.

(10)
As soon as practicable after producing an accession report, the Secretary of State

must lay a copy of the report before each House of Parliament.

(11)
The Secretary of State must comply with subsections (2), (6) and (10) before the

EU accession treaty is ratified by the United Kingdom.’.

Interpretation of sections 1 to 3

Stephen Phillips

Stephen Barclay

Mr Charles Walker

Chris Heaton-Harris

Mr Mark Spencer

Oliver Colvile

Henry Smith

NC10

To move the following Clause:—

‘(1)
This section applies for the purposes of sections 1 to 3 (and this section).

(2)
A reference to “EU immigration” is a reference to—

(a)
nationals of member States other than the United Kingdom, and

(b)
members of their families,


entering or remaining in the United Kingdom in the exercise of an EU right of

residence.

(3)
These expressions have meanings given—

“appropriate transitional controls” means immigration controls which are,

in the view of a Minister of the Crown, appropriate;

“EU accession treaty” means a treaty which provides for a state to accede to

the EU;

“EU right of residence” means a right of residence in the United Kingdom

which arises by virtue of—

(c)
an enforceable EU right, or

(d)
any provision made under section 2(2) of the European

Communities Act 1972;

Notices of Amendments: 22 January 2014
1573

Immigration Bill, continued

“Minister of the Crown” includes the Treasury;

“propsed member State” means a state which would accede to the EU by

virtue of an EU accession treaty.’.



© Parliamentary copyright	Revised 23 January 2014