Session 2013 - 14
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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

 

Parliamentary Star    

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’.


 
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Revised 31 January 2014