House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1609

House of Commons

Notices of Amendments

given up to and including

Tuesday 28 January 2014

Consideration of Bill

Immigration Bill, As Amended

NEW CLAUSES

Supplementary provision

Secretary Theresa May

NC11

To move the following Clause:—

‘(1)
This section applies if the referral and investigation scheme is extended by an

order under section 48 (an “extension order”).

(2)
The Secretary of State may make administrative regulations in connection with

the application of the scheme—

(a)
to proposed marriages or civil partnerships under the law of Scotland

(insofar as the scheme is extended to them), and

(b)
to proposed marriages or civil partnerships under the law of Northern

Ireland (insofar as the scheme is extended to them).

(3)
For that purpose “administrative regulations” means regulations of any kind set

out in Schedule (Sham marriage and civil partnership: administrative

regulations) (sham marriage and civil partnership: administrative regulations).

(4)
The Secretary of State may by order make provision about—

(a)
the information that must or may be given, or

(b)
the matters in respect of which evidence must or may be given,


in relation to proposed marriages or civil partnerships under the law of Scotland

or Northern Ireland in cases where one or both of the parties is not a relevant

national.

(5)
An order under subsection (4) may amend, repeal or revoke any enactment

(including an enactment contained in this Act or in provision made by an

extension order or an order under subsection (4)).

(6)
If an extension order makes provision (“information disclosure provision”)

having similar effect to the provision made by paragraph 2 of Schedule 55 about

the disclosure of information for immigration purposes, the Secretary of State

may by order specify other immigration purposes (in addition to those specified

in provision made by an extension order or in any provision made under this

Notices of Amendments: 28 January 2014
1610

Immigration Bill, continued

subsection) for which information may be disclosed under the information

disclosure provision.

(7)
The Secretary of State must consult—

(a)
the Registrar General for Scotland before making administrative

regulations, or an order under subsection (4), in relation to proposed

marriages or civil partnerships under the law of Scotland;

(b)
the Registrar General for Northern Ireland before making administrative

regulations, or an order under subsection (4), in relation to proposed

marriages or civil partnerships under the law of Northern Ireland.

(8)
Expressions used in this section or Schedule (Sham marriage and civil

partnership: administrative regulations) that are also used in section 48 have the

same meanings in this section or Schedule (Sham marriage and civil partnership:

administrative regulations) as in section 48.’.

Power to charge fees for attendance services in particular cases

Secretary Theresa May

NC12

To move the following Clause:—

‘(1)
This section applies where a person exercises a function in connection with

immigration or nationality in respect of which a fee is chargeable by virtue of a

fees order (a “chargeable function”) in a particular case and—

(a)
in doing so attends at a place outside the United Kingdom, and time,

agreed with a person (“the client”), and

(b)
does so at the request of the client.


It is immaterial whether or not the client is a person in respect of whom the

chargeable function is exercised.

(2)
In this section “attendance service” means the service described in subsection (1)

except so far as it consists of the exercise of a chargeable function.

(3)
The following are to be disregarded in determining whether a fee is chargeable in

respect of a function by virtue of a fees order—

(a)
any exception provided for by a fees order or fees regulations;

(b)
any power so provided to waive or refund a fee.

(4)
The person exercising the chargeable function may charge the client such fee for

the purposes of recovering the costs of providing the attendance service as the

person may determine.

(5)
Fees paid to the Secretary of State by virtue of this section must be paid into the

Consolidated Fund.

(6)
A fee payable by virtue of this section may be recovered as a debt due to the

Secretary of State.

(7)
This section is without prejudice to—

(a)
section 60;

(b)
section 1 of the Consular Fees Act 1980 (fees for consular acts etc.);

(c)
section 102 of the Finance (No. 2) Act 1987 (government fees and

charges), or

Notices of Amendments: 28 January 2014
1611

Immigration Bill, continued

(d)
any other power to charge a fee.’.

Deprivation of citizenship: conduct seriously prejudicial to vital interests of the UK

Secretary Theresa May

NC18


To move the following Clause:—

‘(1)
In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after

subsection (4) insert—

“(4A)
But that does not prevent the Secretary of State from making an order

under subsection (2) to deprive a person of a citizenship status if—

(a)
the citizenship status results from the person’s naturalisation,

and

(b)
the Secretary of State is satisfied that the deprivation is

conducive to the public good because the person, while having

that citizenship status, has conducted him or herself in a manner

which is seriously prejudicial to the vital interests of the United

Kingdom, any of the Islands, or any British overseas territory.”

(2)
In deciding whether to make an order under subsection (2) of section 40 of the

British Nationality Act 1981 in a case which falls within subsection (4A) of that

Act, the Secretary of State may take account of the manner in which a person

conducted him or herself before this section came into force.’.

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

Notices of Amendments: 28 January 2014
1612

Immigration Bill, continued

Chris Kelly

Mr Nigel Dodds

Mr David Davis

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

Mr Bernard Jenkin

Christopher Pincher

Jesse Norman

Mr James Gray

Mr Graham Stuart

Jim Shannon

Bob Stewart

James Duddridge

Tim Loughton

Andrew Stephenson

Guto Bebb

NC1

To move the following Clause:—

‘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

Mr William Cash

(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’.

Pilot of residential housing provisions

Yvette Cooper

Mr David Hanson

Phil Wilson

Helen Jones

NC2

To move the following Clause:—

‘(1)
The Secretary of State may by order (the “pilot order”) appoint a day on which

sections 15 to 32 are to come into force in respect of an area or areas specified in

the order.

(2)
The Secretary of State may make one pilot order only.

(3)
An order to which subsection (1) applies may be made only if a draft of it has been

laid before and approved by a resolution of both Houses of Parliament.

(4)
Sections 15 to 32 of this Act come into force on the day after the Secretary of

State has—

(a)
laid before Parliament a report setting out an evaluation of the pilot

ordered under subsection (1); and

Notices of Amendments: 28 January 2014
1613

Immigration Bill, continued

(b)
a draft of the order has been laid before and approved by a resolution of

both Houses of Parliament by the end of the 2014-15 session of

Parliament.’.

Review of labour market and immigration

Yvette Cooper

Mr David Hanson

Helen Jones

Phil Wilson

NC3

To move the following Clause:—

‘(1)
As soon as practicable the government shall produce an assessment of the impact

of European Union immigration to the UK with specific reference to Bulgarian

and Romanian accession and accession countries from 1 January 2004 with

regard to—

(a)
non compliance with and enforcement of the national minimum wage;

(b)
exploitation by gangmasters;

(c)
shift segregation and the actions of employment agencies; and

(d)
housing conditions and rogue landlords.

(2)
The review shall make recommendations in relation to European Community

immigration to the Secretary of State for Business, Innovation and Skills, the

Home Secretary and the Minister for the Cabinet Office with a copy of the report

being placed in the Library of each House of Parliament.’.

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

James Wharton

Guto Bebb

Mr Peter Bone

Mr William Cash

Rebecca Harris

Bill Wiggin

James Duddridge

David Morris

Simon Hart

Caroline Dinenage

Karl McCartney

Charlotte Leslie

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.

Notices of Amendments: 28 January 2014
1614

Immigration Bill, continued

(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

James Wharton

Guto Bebb

Mr Peter Bone

Mr William Cash

Rebecca Harris

Bill Wiggin

James Duddridge

David Morris

Simon Hart

Caroline Dinenage

Karl McCartney

Charlotte Leslie

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.

(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.’.

Notices of Amendments: 28 January 2014
1615

Immigration Bill, continued

Interpretation of sections (Duty to assess whether EU immigration is excessive) and (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

James Wharton

Guto Bebb

Mr Peter Bone

Mr William Cash

Rebecca Harris

Bill Wiggin

James Duddridge

David Morris

Simon Hart

Caroline Dinenage

Karl McCartney

Charlotte Leslie

NC6

To move the following Clause:—

‘(1)
This section applies for the purposes of sections [Duty to assess whether EU

immigration is excessive] and [Duty to produce report if EU immigration is

excessive] (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 the meanings given—

“assessment” means an assessment under section [Duty to assess whether

EU immigration is excessive];

“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;

(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 Parliament.’.



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