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Notices of Amendments: 28 January 2014                  

1616

 

Immigration Bill, continued

 
 

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

 

James Wharton

 

Guto Bebb

 

Mr Peter Bone

 

Mr William Cash

 

Rebecca Harris

 

Bill Wiggin

 

James Duddridge

 

David Morris

 

Simon Hart

 

Mr David Hanson

 

Caroline Dinenage

 

Karl McCartney

 

Charlotte Leslie

 

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: 28 January 2014                  

1617

 

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

 

James Wharton

 

Guto Bebb

 

Mr Peter Bone

 

Mr William Cash

 

Rebecca Harris

 

Bill Wiggin

 

James Duddridge

 

David Morris

 

Simon Hart

 

Mr David Hanson

 

Caroline Dinenage

 

Karl McCartney

 

Charlotte Leslie

 

NC8

 

To move the following Clause:—

 

‘(1)    

This section applies if the Secretary of State makes an assessment under section

 

[Duty to assess expected immigration effects of accession] 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

 

James Wharton

 

Guto Bebb

 

Mr Peter Bone

 

Mr William Cash

 

Rebecca Harris

 

Bill Wiggin

 

James Duddridge

 

David Morris

 

Simon Hart

 

Mr David Hanson

 

Caroline Dinenage

 

Karl McCartney

 

Charlotte Leslie

 

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

 
 

Notices of Amendments: 28 January 2014                  

1618

 

Immigration Bill, continued

 
 

(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).

 

(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 [Duty to assess expected immigration effects of accession] to

 

[Duties before ratification of accession treaties]

 

Stephen Phillips

 

Stephen Barclay

 

Mr Charles Walker

 

Chris Heaton-Harris

 

Mr Mark Spencer

 

Oliver Colvile

 

Henry Smith

 

James Wharton

 

Guto Bebb

 

Mr Peter Bone

 

Mr William Cash

 

Rebecca Harris

 

Bill Wiggin

 

James Duddridge

 

David Morris

 

Simon Hart

 

Mr David Hanson

 

Caroline Dinenage

 

Karl McCartney

 

Charlotte Leslie

 

NC10

 

To move the following Clause:—

 
 

Notices of Amendments: 28 January 2014                  

1619

 

Immigration Bill, continued

 
 

‘(1)    

This section applies for the purposes of sections [Duty to assess expected

 

immigration effects of accession] to [Duties before ratification of accession

 

treaties] (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—

 

“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;

 

“Minister of the Crown” includes the Treasury;

 

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

 

virtue of an EU accession treaty.’.

 

 

Right of appeal: Impact assessment

 

Mr David Hanson

 

NC13

 

To move the following Clause:—

 

‘Before the Secretary of State makes an order under section 65 (commencement)

 

to bring into force section 11 (Right of appeal to First-tier Tribunal) he must—

 

(a)    

undertake an impact assessment of—

 

(i)    

the number of appeals effected by the provisions of section 11;

 

and

 

(ii)    

the costs attributable to appeals to First-tier Tribunals; and

 

(b)    

lay a copy of a report on that impact assessment before Parliament.’.

 

 
 

Notices of Amendments: 28 January 2014                  

1620

 

Immigration Bill, continued

 
 

Support for prescribed groups

 

Sarah Teather

 

Jeremy Corbyn

 

Dr Julian Huppert

 

Caroline Lucas

 

John McDonnell

 

NC14

 

To move the following Clause:—

 

‘(1)    

Section 4 of the Immigration and Asylum Act 1999 (Accommodation) is

 

amended as follows.

 

(2)    

In subsection (1), for “facilities for the accommodation” substitute “support”.

 

(3)    

In subsection (2), for “facilities for the accommodation” substitute “support”.

 

(4)    

In subsection (3), for “facilities for the accommodation of a dependant of a person

 

for whom facilities” substitute “support of a dependant of a person for whom

 

support”.

 

(5)    

In subsection (5)—

 

(a)    

in paragraph (a), for “accommodation” substitute “support” in both

 

occurrences; and

 

(b)    

in paragraph (b), for “accommodation” substitute “support” in both

 

occurrences.

 

(6)    

In subsection (6)—

 

(a)    

in paragraph (a), for “accommodation” substitute “support”;

 

(b)    

in paragraph (b), for “accommodation” substitute “support”; and

 

(c)    

in paragraph (c), for “accommodation” substitute “support” in both

 

occurrences.

 

(7)    

For subsections (10) and (11) substitute—

 

“(10)    

“support” means—

 

(a)    

accommodation appearing to the Secretary of State to be

 

adequate for the needs of the supported person and his

 

dependants;

 

(b)    

food or other essential items;

 

(c)    

the means to enable the supported person to meet what appear to

 

the Secretary of State to be expenses (other than legal expenses

 

or other expenses of a prescribed description) incurred in

 

connection with his claim for asylum or leave to remain in the

 

UK;

 

(d)    

the means for the supported person and his dependants to attend

 

bail proceedings in connection with his detention under any

 

provision of the Immigration Acts; or

 

(e)    

the means to enable the supported person and his dependants to

 

attend bail proceedings in connection with the detention of a

 

dependant of his under any such provision.

 

(11)    

If the Secretary of State considers that the circumstances of a particular

 

case are exceptional, such other resources as he considers necessary to

 

enable the supported person and his dependants to be supported.”.’.

 

 
 

Notices of Amendments: 28 January 2014                  

1621

 

Immigration Bill, continued

 
 

Exceptions to automatic deportation

 

Mr Dominic Raab

 

Nick de Bois

 

Hazel Blears

 

Nick Herbert

 

Ms Gisela Stuart

 

Mr Crispin Blunt

 

Kate Hoey

 

Anne Marie Morris

 

Mr Frank Field

 

Tracey Crouch

 

Siobhian McDonagh

 

Mr Andrew Mitchell

 

Mr Graham Brady

 

Mr Nigel Dodds

 

Jackie Doyle-Price

 

Derek Twigg

 

Stephen Barclay

 

Mrs Anne Main

 

Bob Blackman

 

Charlotte Leslie

 

Andrea Leadsom

 

Mr John Whittingdale

 

Mr David Davis

 

Tim Loughton

 

Mr Douglas Carswell

 

Dr Sarah Wollaston

 

Henry Smith

 

Andrew Percy

 

Sir Gerald Howarth

 

Andrew Bingham

 

Philip Davis

 

Mr Adam Holloway

 

Jonathan Lord

 

Mr Andrew Turner

 

Dr Julian Lewis

 

Mr David Ruffley

 

Andrew Rosindell

 

Mr Stewart Jackson

 

Mr Graham Stuart

 

Mr James Gray

 

Mark Pritchard

 

Sir Richard Shepherd

 

Karl McCartney

 

Mr David Nuttall

 

Dr Phillip Lee

 

Mr Nigel Evans

 

David T. C. Davies

 

Nadine Dorries

 

Mike Weatherley

 

Mr Charles Walker

 

Gordon Henderson

 

Caroline Nokes

 

Mr Gary Streeter

 

Mr Peter Bone

 

Nigel Mills

 

Mr David Amess

 

Mr Bernard Jenkin

 

Richard Graham

 

Mr James Clappison

 

Mark Reckless

 

Mr John Redwood

 

Mr Aidan Burley

 

Mr Jonathan Djanogly

 

Simon Reevell

 

Stephen McPartland

 

Jeremy Lefroy

 

Steve Baker

 

Zac Goldsmith

 

Richard Drax

 

Chris Heaton-Harris

 

Patrick Mercer

 

Mr Brooks Newmark

 

Sir Edward Leigh

 

Chris Kelly

 

Mr Philip Hollobone

 

Mr John Baron

 

George Freeman

 

Mr Christopher Chope

 

Mr Brian Binley

 

Bill Wiggin

 

Dan Byles

 

Mr William Cash

 

Angie Bray

 

Glyn Davies

 

Karen Lumley

 

Mr Peter Lilley

 

Sir Paul Beresford

 

Simon Hart

 

Jacob Rees-Mogg

 

Caroline Dinenage

 

Conor Burns

 

Alec Shelbrooke

 

Guto Bebb

 

Mr Mark Field

 

Nicholas Soames

 

Craig Whittaker

 

Dr Matthew Offord

 

Andrew Bridgen

 

Heather Wheeler

 

Bob Stewart

 

David Tredinnick

 

Mr Julian Brazier

 

Martin Vickers

 

Mr Mark Spencer

 

NC15

 

To move the following Clause:—

 

‘(1)    

The UK Borders Act 2007 is amended as follows.

 

(2)    

In section 33 (Exceptions), in subsection (2)(a), for “Convention rights”,

 

substitute “rights under Articles 2 or 3 of the Convention”.

 

(3)    

In section 33, after subsection (6A), insert—

 

“(6B)    

Exception 7 is where the Secretary of State thinks, taking into account all

 

the circumstances of the case including the seriousness of the offence,

 

that removal of the foreign criminal from the United Kingdom in

 

pursuance of a deportation order would cause such manifest and

 

overwhelming harm to his children that it overrides the public interest in

 

removal.”.

 

(4)    

In section 38 (Interpretation)—

 
 

Notices of Amendments: 28 January 2014                  

1622

 

Immigration Bill, continued

 
 

(a)    

after subsection (3), insert—

 

“(3A)    

In section 32, “Convention rights” has the same meaning as in

 

the Human Rights Act 1998 (c. 42).”;

 

(b)    

omit paragraph (4)(b);

 

(c)    

after subsection (4) insert—

 

“(4A)    

In section 33, “rights under Articles 2 or 3 of the Convention”

 

means Articles 2 or 3 of “the Convention” as defined in the

 

Human Rights Act 1998 (c. 42).”.’.

 

 

Safeguarding public health for migrants in the UK without status

 

Meg Hillier

 

Jeremy Corbyn

 

John McDonnell

 

John Cryer

 

Ms Diane Abbott

 

Mr Virenda Sharma

 

Mrs Linda Riordan

 

Mike Gapes

 

Glenda Jackson

 

Mr David Lammy

 

Teresa Pearce

 

John Woodcock

 

Meg Munn

 

Dame Tessa Jowell

 

Mark Lazarowicz

 

Caroline Lucas

 

NC16

 

To move the following Clause:—

 

‘When calculating charges to be made under section 175 of the National Health

 

Service Act 2006 (charges in respect of non-residents), the Secretary of State

 

must have regard to the need to safeguard public health with particular reference

 

to the prevention of infectious diseases, maternal death and infant mortality for

 

those persons who remain in the UK or are waiting for a decision on their leave

 

to enter.’.

 

 

Permission to work

 

Dr Julian Huppert

 

Sarah Teather

 

NC17

 

Parliamentary Star    

To move the following Clause:—

 

‘After section 3(9) of the Immigration Act 1971 insert—

 

“(10)    

In making rules under subsection (2), the Secretary of State must have

 

regard to the following.

 

(11)    

Rules must provide for persons seeking asylum, within the meaning of

 

the rules, to apply to the Secretary of State for permission to take up

 

employment and that permission must be granted if—

 
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Revised 29 January 2014