House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 30 January 2014
507

Immigration Bill, continued

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

Sarah Teather

Mr Andrew Love

Ms Gisela Stuart

John Mann

Mark Durkan

Not called  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

Caroline Lucas

Mark Durkan

Jeremy Corbyn

Not called  NC17

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—

(a)
a decision has not been taken on the applicant’s asylum

application within six months of the date on which it was

recorded, or

(b)
an individual makes further submissions which raise asylum

grounds and a decision to refuse to treat such further submissions

as a fresh claim or on that fresh claim has not been taken within

six months of the date on which they were recorded.

Report Stage Proceedings: 30 January 2014
508

Immigration Bill, continued

(12)
Permission for a person seeking asylum to take up employment shall be

on terms no less favourable than those upon which permission is granted

to a person recognised as a refugee to take up employment.”.’.

Exception to charging for accident and emergency services

John McDonnell

Jeremy Corbyn

Caroline Lucas

Not called  NC19

To move the following Clause:—

‘No charge may be made or recovered in respect of any accident and emergency

services provided to overseas visitors, whether provided at a hospital accident and

emergency department, a minor injuries unit, a walk-in centre or elsewhere but

not including any services provided—

(a)
after the overseas visitor has been accepted as an in-patient; or

(b)
at an outpatient appointment.’.

Permission to work (No. 2)

John McDonnell

Jeremy Corbyn

Caroline Lucas

Not called  NC20

To move the following Clause:—

‘(1)
After section 3(9) of the Immigration Act 1971 insert the following—

“(10)
In making rules, under subsection (2), the Secretary of State must have

regard to the following.

(11)
In the case of any asylum applicant applying to the Secretary of State for

permission to take up employment—

(a)
if a decision at first instance has not been taken on the applicant’s

asylum application, within six months of the date on which it was

recorded, or

(b)
if an individual makes further submission which raise asylum

grounds that individual may apply to the Secretary of State for

permission to take up employment if a decision has not been

taken on the further submission within six months of the date on

which they were recorded,

Report Stage Proceedings: 30 January 2014
509

Immigration Bill, continued


the Secretary of State shall only consider such an application if, in the

Secretary of State’s opinion, any delay in reaching a decision cannot be

attributed to the individual.”.’.

Immigration permission: prescribed pathogens

Dr Phillip Lee

Stephen Phillips

Stephen Barclay

Tracey Crouch

Mr Dominic Raab

Mr Graham Brady

Charlotte Leslie

Mark Field

Nigel Mills

Mr Jonathan Djanogly

Chris Kelly

Bob Blackman

Jonathan Lord

Craig Whittaker

Conor Burns

Karl McCartney

Sir Gerald Howarth

Dr Sarah Wollaston

Not called  NC21

To move the following Clause:—

‘(1)
The Secretary of State may by order provide that persons who apply for

immigration permission must demonstrate that they are not carriers of any of the

prescribed pathogens listed in subsection (2).

(2)
The prescribed pathogens are—

(a)
Hepatitis B;

(b)
HIV (Human Immunodeficiency Virus);

(c)
such other pathogens as the Secretary of State may prescribe by order

under this section.’.

Resident permits for victims of domestic violence

John McDonnell

Jeremy Corbyn

Not selected  NC22


To move the following Clause:—

‘A person (P) shall be entitled to a residence permit for one year for rest and

reflection where—

(1)
P is married, in a civil partnership, or in a durable relationship with

someone who is lawfully in the UK; and

(2)
P is in the UK as a dependant of that other person; and

(3)
The relationship breaks down as a result of domestic violence.

Report Stage Proceedings: 30 January 2014
510

Immigration Bill, continued

The residence permit shall be available to P and any dependants already in the UK

with entitlement to work and access public funds.’.

Dr Julian Huppert

Not called  74

Clause  1,  page  2,  line  34,  at end add—

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

(a)
ensure that children are not detained for immigration purposes, except in

the following circumstances—

(i)
where the Home Secretary reasonably believes they are a threat

to national security;

(ii)
in port or border cases where departure is the following day and

no application for a visa or asylum has been made; or

(iii)
to provide pre-departure accommodation under subsection

(7)(b); and

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

(i)
dedicated pre-departure accommodation which is subject to

inspection by HMIP;

(ii)
for a maximum period of 72 hours;

(iii)
following a recommendation made by the Independent Family

Returns Panel, and

(iv)
with their family.

(8)
Where subsection (7)(a)(ii) and (iii) applies, the officer responsible must ensure

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

child protection.’.

John McDonnell

Jeremy Corbyn

Not called  79

Page  2,  line  38,  leave out Clause 3.

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

Dr Julian Huppert

Mark Durkan

Not called  56

Clause  3,  page  2,  line  41,  at end insert—

‘(1A)
In paragraph 16 (detention of persons liable to examination or removal) after

paragraph (4) insert—

“(5)
A person detained under this paragraph must be released on bail in

accordance with paragraph 22 after no later than the twenty-eighth day

following that on which the person was detained.”.’.

Report Stage Proceedings: 30 January 2014
511

Immigration Bill, continued

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

Dr Julian Huppert

Mark Durkan

Not called  57

Clause  3,  page  3,  line  10,  leave out subsection (3) and insert—

‘(3)
In paragraph 22 (bail) at end insert—

“(4)
The following provisions apply if a person is detained under any

provision of this Act—

(a)
The Secretary of State must arrange a reference to the First-tier

Tribunal for it to determine whether the detained person should

be released on bail;

(b)
The Secretary of State must secure that a first reference to the

First-tier Tribunal is made no later than the eighth day following

that on which the detained person was detained;

(c)
If the detained person remains in detention, the Secretary of State

must secure that a second reference to the First-tier Tribunal or

Commission is made no later than the thirty-sixth day following

that on which the detained person was detained;

(d)
The First-tier Tribunal hearing a case referred to it under this

section must proceed as if the detained person had made an

application to it for bail; and

(e)
The First-tier Tribunal must determine the matter—

(i)
on a first reference, before the tenth day following that

on which the person concerned was detained; and

(ii)
on a second reference, before the thirty-eighth day

following that on which he was detained.

(5)
For the purposes of this paragraph, “First-tier Tribunal” means—

(a)
if the detained person has brought an appeal under the

Immigration Acts, the chamber of the First-tier Tribunal dealing

with his appeal; and

(b)
in any other case, such chamber of the First-tier Tribunal as the

Secretary of State considers appropriate.

(6)
In case of a detained person to whom section 3(2) of the Special

Immigration Appeals Commission Act 1997 applies (jurisdiction in

relation to bail for persons detained on grounds of national security) a

reference under sub-paragraph (3)(a) above, shall be to the Commission

and not to the First-tier Tribunal.

(7)
Rules made by the Lord Chancellor under section 5 of the Special

Immigration Appeals Commission Act 1997 may include provision made

for the purposes of this paragraph.”.’.

Report Stage Proceedings: 30 January 2014
512

Immigration Bill, continued

Ms Diane Abbott

Jeremy Corbyn

Caroline Lucas

John McDonnell

Sarah Teather

Not called  73

Page  4,  line  23,  leave out Clause 5.

Yvette Cooper

Mr David Hanson

Phil Wilson

Helen Jones

Sarah Teather

Caroline Lucas

Negatived on division  1

Page  8,  line  19,  leave out Clause 11.

Secretary Theresa May

Agreed to  6

Clause  12,  page  10,  line  10,  leave out from ‘appeal)’ to end of line 17 and insert ‘,

the appeal must be brought from outside the United Kingdom if—

(a)
the claim to which the appeal relates has been certified under section

94(1) or (7) (claim clearly unfounded or removal to safe third country), or

(b)
paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and

Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum

seeker to safe third country) applies.


Otherwise, the appeal must be brought from within the United Kingdom.’.

John McDonnell

Jeremy Corbyn

Caroline Lucas

Not called  80

Clause  12,  page  10,  leave out lines 18 to 33.

Secretary Theresa May

Agreed to  7

Clause  12,  page  10,  line  19,  leave out from ‘appeal)’ to end of line 33 and insert

‘where the claim to which the appeal relates was made while the appellant was in the

United Kingdom, the appeal must be brought from outside the United Kingdom if—

(a)
the claim to which the appeal relates has been certified under section

94(1) or (7) (claim clearly unfounded or removal to safe third country) or

section 94B (certification of human rights claims made by persons liable

to deportation), or

(b)
paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the

Asylum and Immigration (Treatment of Claimants, etc) Act 2004

(removal of asylum seeker to safe third country) applies.


Otherwise, the appeal must be brought from within the United Kingdom.

Report Stage Proceedings: 30 January 2014
513

Immigration Bill, continued

( )
In the case of an appeal under section 82(1)(b) (human rights claim appeal) where

the claim to which the appeal relates was made while the appellant was outside

the United Kingdom, the appeal must be brought from outside the United

Kingdom.’.

John McDonnell

Jeremy Corbyn

Caroline Lucas

Not called  81

Page  11,  line  32,  leave out Clause 13.

Sarah Teather

Caroline Lucas

John McDonnell

John Hemming

Mark Durkan

Not called  2

Clause  14,  page  12,  line  22,  at end insert—

‘(za)
first, to the best interests of any child affected by a decision as specified

in section 117A(1).’.

Sarah Teather

Caroline Lucas

John McDonnell

John Hemming

Mark Durkan

Not called  3

Clause  14,  page  13,  line  11,  leave out ‘qualifying’.

Sarah Teather

Caroline Lucas

John McDonnell

John Hemming

Mark Durkan

Not called  4

Clause  14,  page  13,  line  12,  leave out ‘reasonable to expect’ and insert ‘in the best

interests of’.



© Parliamentary copyright	Revised 31 January 2014