14206.1-7

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords amendments to the Immigration Bill

Lords amendments to the
Immigration Bill
[The page and line references are to HL Bill 84, the bill as first printed for the Lords.]
Clause 1
1
Page 1, leave out lines 11 to 14 and insert—

“(2)
Where a person (“P”) is liable to be or has been removed from the

United Kingdom under subsection (1), a member of P’s family who

meets the following three conditions may also be removed from the

United Kingdom under the authority of the Secretary of State or an

immigration officer, provided that the Secretary of State or

immigration officer has given the family member written notice of

the intention to remove him or her.

(2A)
The first condition is that the family member is—

(a)
P’s partner,

(b)
P’s child, or a child living in the same household as P in

circumstances where P has care of the child,

(c)
in a case where P is a child, P’s parent, or

(d)
an adult dependent relative of P.

(2B)
The second condition is that—

(a)
in a case where the family member has leave to enter or

remain in the United Kingdom, that leave was granted on

the basis of his or her family life with P;

(b)
in a case where the family member does not have leave to

enter or remain in the United Kingdom, in the opinion of the

Secretary of State or immigration officer the family

member—

(i)
would not, on making an application for such leave,

be granted leave in his or her own right, but

(ii)
would be granted leave on the basis of his or her

family life with P, if P had leave to enter or remain.

(2C)
The third condition is that the family member is neither a British

citizen, nor is he or she entitled to enter or remain in the United

Bill 206 55/3

2

Kingdom by virtue of an enforceable EU right or of any provision

made under section 2(2) of the European Communities Act 1972.

(2D)
A notice given to a family member under subsection (2) invalidates

any leave to enter or remain in the United Kingdom previously

given to the family member.”
2
Page 2, line 16, at end insert—

“( )
paragraph 18B (detention of unaccompanied children);”
3
Page 2, leave out lines 23 and 24
4
Page 2, leave out lines 25 to 32 and insert—

“( )
the time period during which a family member may be

removed under subsection (2);

( )
the service of a notice under subsection (2).”
5
Page 2, line 32, at end insert—

“( )
In this section “child” means a person who is under the age of 18.”
After Clause 1
6
Insert the following new Clause—

“Restriction on removal of children and their parents etc

After section 78 of the Nationality, Immigration and Asylum Act 2002,

insert—

“78A
Restriction on removal of children and their parents etc

(1)
This section applies in a case where—

(a)
a child is to be removed from or required to leave the United

Kingdom, and

(b)
an individual who—

(i)
is a parent of the child or has care of the child, and

(ii)
is living in a household in the United Kingdom with

the child,


is also to be removed from or required to leave the United

Kingdom (a “relevant parent or carer”).

(2)
During the period of 28 days beginning with the day on which the

relevant appeal rights are exhausted—

(a)
the child may not be removed from or required to leave the

United Kingdom; and

(b)
a relevant parent or carer may not be removed from or

required to leave the United Kingdom if, as a result, no

relevant parent or carer would remain in the United

Kingdom.

(3)
The relevant appeal rights are exhausted at the time when—

(a)
neither the child, nor any relevant parent or carer, could

bring an appeal under section 82 (ignoring any possibility of

an appeal out of time with permission), and

(b)
no appeal brought by the child, or by any relevant parent or

carer, is pending within the meaning of section 104.

3

(4)
Nothing in this section prevents any of the following during the

period of 28 days mentioned in subsection (2)—

(a)
the giving of a direction for the removal of a person from the

United Kingdom,

(b)
the making of a deportation order in respect of a person, or

(c)
the taking of any other interim or preparatory action.

(5)
In this section—

“child” means a person who is aged under 18;

references to a person being removed from or required to leave

the United Kingdom are to the person being removed or

required to leave in accordance with a provision of the

Immigration Acts.””
7
Insert the following new Clause—

“Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009,

insert—

“54A
Independent Family Returns Panel

(1)
The Independent Family Returns Panel is established.

(2)
The Secretary of State must consult the Independent Family

Returns Panel—

(a)
in each family returns case, on how best to safeguard and

promote the welfare of the children of the family, and

(b)
in each case where the Secretary of State proposes to detain

a family in pre-departure accommodation, on the suitability

of so doing, having particular regard to the need to

safeguard and promote the welfare of the children of the

family.

(3)
A family returns case is a case where—

(a)
a child who is living in the United Kingdom is to be

removed from or required to leave the United Kingdom,

and

(b)
an individual who—

(i)
is a parent of the child or has care of the child, and

(ii)
is living in a household in the United Kingdom with

the child,


is also to be removed from or required to leave the United

Kingdom.

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

(a)
additional functions of the Independent Family Returns

Panel,

(b)
its status and constitution,

(c)
the appointment of its members,

(d)
the payment of remuneration and allowances to its

members, and

(e)
any other matters in connection with its establishment and

operation.

4

(5)
Regulations under this section must be made by statutory

instrument.

(6)
An instrument containing regulations under this section is subject

to annulment in pursuance of a resolution of either House of

Parliament.

(7)
In this section—

“child” means a person who is under the age of 18;

“pre-departure accommodation” has the same meaning as in

Part 8 of the Immigration and Asylum Act 1999;

references to a person being removed from or required to leave

the United Kingdom are to the person being removed or

required to leave in accordance with a provision of the

Immigration Acts.””
Before Clause 3
8
Insert the following new Clause—

“Restrictions on detention of unaccompanied children

(1)
Schedule 2 to the Immigration Act 1971 (administrative provisions as to

control on entry etc) is amended as follows.

(2)
In paragraph 16, after paragraph (2) insert—

“(2A)
But the detention of an unaccompanied child under sub-

paragraph (2) is subject to paragraph 18B.”

(3)
In paragraph 18, after sub-paragraph (1) insert—

“(1A)
But the detention of an unaccompanied child under paragraph

16(2) is subject to paragraph 18B.”

(4)
After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

“18B (1)
Where a person detained under paragraph 16(2) is an

unaccompanied child, the only place where the child may be

detained is a short-term holding facility, except where—

(a)
the child is being transferred to or from a short-term

holding facility, or

(b)
sub-paragraph (3) of paragraph 18 applies.

      (2)
An unaccompanied child may be detained under paragraph

16(2) in a short-term holding facility for a maximum period of 24

hours, and only for so long as the following two conditions are

met.

      (3)
The first condition is that—

(a)
directions are in force that require the child to be removed

from the short-term holding facility within the relevant

24 hour period, or

(b)
a decision on whether or not to give directions is likely to

result in such directions.

      (4)
The second condition is that the immigration officer under

whose authority the child is being detained reasonably believes

5

that the child will be removed from the short-term holding

facility within the relevant 24 hour period in accordance with

those directions.

      (5)
An unaccompanied child detained under paragraph 16(2) who

has been removed from a short-term holding facility and

detained elsewhere may be detained again in a short-term

holding facility but only if, and for as long as, the relevant 24

hour period has not ended.

      (6)
An unaccompanied child who has been released following

detention under paragraph 16(2) may be detained again in a

short-term holding facility in accordance with this paragraph.

      (7)
In this paragraph—

“relevant 24 hour period”, in relation to the detention of a

child in a short-term holding facility, means the period of

24 hours starting when the child was detained (or, in a

case falling within sub-paragraph (5), first detained) in a

short-term holding facility;

“short-term holding facility” has the same meaning as in

Part 8 of the Immigration and Asylum Act 1999;

“unaccompanied child” means a person—

(a)
who is under the age of 18, and

(b)
who is not accompanied (whilst in detention) by

his or her parent or another individual who has

care of him or her.””
9
Insert the following new Clause—

“Pre-departure accommodation for families

(1)
Part 8 of the Immigration and Asylum Act 1999 (removal centres and

detained persons) is amended as follows.

(2)
In section 147 (interpretation)—

(a)
after the definition of “custodial functions” insert—

““detained children” means detained persons who are

under the age of 18;”;

(b)
after the definition of “escort monitor” insert—

““pre-departure accommodation” means a place used

solely for the detention of detained children and

their families for a period of—

(a)
not more than 72 hours, or

(b)
not more than seven days in cases where the

longer period of detention is authorised

personally by a Minister of the Crown

(within the meaning of the Ministers of the

Crown Act 1975);”;

(c)
in the definition of “removal centre”, after “facility,” insert “pre-

departure accommodation,”;

(d)
in the definition of “short-term holding facility”, at the end insert—

“but which is not pre-departure accommodation.”

(3)
In section 155 (custodial functions and discipline), in subsection (2), at the

end insert “and in pre-departure accommodation”.

6

(4)
After section 157 insert—

“157A
Pre-departure accommodation

(1)
The following provisions of this Part apply to pre-departure

accommodation as they apply to removal centres—

(a)
section 149 (contracting out of certain removal centres);

(b)
section 150 (contracting out functions at directly managed

removal centres);

(c)
section 151 (intervention by Secretary of State).

(2)
In the application of those provisions to pre-departure

accommodation—

(a)
references to a removal centre contract are to be read as a

contract made under section 149(1) for the provision or

running of pre-departure accommodation;

(b)
references to a contracted out removal centre are to be read

as references to pre-departure accommodation in relation to

which a contract under section 149(1) is in force;

(c)
references to a directly managed removal centre are to be

read as references to pre-departure accommodation in

relation to which there is no contract under section 149(1) in

force;

(d)
references to removal centre rules are to be read as

references to rules made under subsection (4).

(3)
The Secretary of State may by regulations extend to pre-departure

accommodation any other provision made by or under this Part in

relation to removal centres.

(4)
The Secretary of State may make rules for the regulation and

management of pre-departure accommodation.””
Clause 11
10
Page 9, line 42, leave out from “84” to “, and” in line 44
After Clause 11
11
Insert the following new Clause—

“Report by Chief Inspector on administrative review

(1)
Before the end of the period of 12 months beginning on the day on which

section 15 comes into force, the Secretary of State must commission from

the Chief Inspector a report that addresses the following matters—

(a)
the effectiveness of administrative review in identifying case

working errors;

(b)
the effectiveness of administrative review in correcting case

working errors;

(c)
the independence of persons conducting administrative review (in

terms of their separation from the original decision-maker).

(2)
On completion of the report, the Chief Inspector must send it to the

Secretary of State.

7

(3)
The Secretary of State must lay before Parliament a copy of the report

received under subsection (2).

(4)
In this section—

“administrative review” means review conducted under the

immigration rules;

“case working error” has the meaning given in the immigration rules;

the “Chief Inspector” means the Chief Inspector established under

section 48 of the UK Borders Act 2007;

“immigration rules” has the same meaning as in the Immigration Act

1971.”
Clause 27
12
Page 24, line 19, leave out subsection (6) and insert—

“(6)
The code (or revised code)—

(a)
may not be issued unless a draft has been laid before Parliament,

and

(b)
comes into force in accordance with provision made by order of the

Secretary of State.”
Clause 28
13
Page 24, line 37, leave out from “draft” to end of line 39
14
Page 24, line 39, at end insert—

“( )
The code (or revised code)—

(a)
may not be issued unless a draft has been laid before Parliament

(prepared after considering representations under subsection (4)(b)

and with or without modifications to reflect the representations),

and

(b)
comes into force in accordance with provision made by order of the

Secretary of State.”
15
Page 24, line 43, leave out subsection (6)
Before Clause 60
16
Insert the following new Clause—

“Child trafficking guardians for all potential child victims of trafficking in

human beings

(1)
If a relevant child has arrived in the United Kingdom and is a potential

victim of trafficking in human beings, an independent child trafficking

guardian shall be appointed to represent the best interests of that child.

(2)
The child trafficking guardian shall have the following responsibilities to—

(a)
advocate that all decisions relating to the child are made in the

child’s best interest;

(b)
ascertain the child’s wishes and feelings in relation to those

decisions;

(c)
advocate for the child to receive appropriate care, safe

accommodation, medical treatment, including psychological