1

House of Commons

Notices of Amendments

given up to and including

Tuesday 3 November 2015

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Public Bill Committee

Immigration Bill

Note

This document includes all amendments remaining before the Committee and

includes any withdrawn amendments at the end. The amendments have been

arranged in accordance with the Order of the Committee [20 October 2015].

Keir Starmer

Paul Blomfield

Sarah Champion

Mrs Emma Lewell-Buck

Kate Hollern

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

208

Page  34,  line  3,  leave out Clause 31

Member’s explanatory statement

To remove an extension of “deport first, appeal later provisions” to include all human rights

appeals.

Notices of Amendments: 3 November 2015                  

2

Immigration Bill, continued

Keir Starmer

Paul Blomfield

Sarah Champion

Mrs Emma Lewell-Buck

Kate Hollern

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

218

Page  32,  line  20,  leave out Clause 32

Member’s explanatory statement

To ensure there is provision for administrative review where a person’s leave is curtailed or

revoked.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

222

Schedule  6,  page  90,  leave out lines 28 to 30 and insert—

“(i)    

in subsection (2A) for “accommodation” each time it occurs

substitute “support” and for “section 4” each time it occurs

substitute “section 95A”, and

(ii)    

in subsections (6) and (7), for “section 4 or 95” substitute

“section 95 or section 95A””

Member’s explanatory statement

To provide a right of appeal against decisions of the Home Office to refuse or discontinue support

under new section 95A for asylum seekers at the end of the process who are unable to leave the UK.

James Brokenshire

96

Schedule  6,  page  91,  line  2,  after “(2)” insert “, (5), (6)”

Member’s explanatory statement

This is a minor and technical amendment. It is consequential on the repeal of section 4 of the

Immigration and Asylum Act 1999. Section 43(5) and (6) of the Immigration, Asylum and

Nationality Act 2006 contain provision about tenancies granted to provide accommodation under

section 4 of the 1999 Act.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

223

Schedule  6,  page  91,  line  7,  at end insert—

Notices of Amendments: 3 November 2015                  

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Immigration Bill, continued

  “(2A)  

Schedule 3 to the Nationality, Immigration and Asylum Act 2002 (withholding

and withdrawal of support) is amended as follows.

(a)    

in paragraph 6(1), after “person” insert “who entered the

United Kingdom as an adult”

(b)    

in paragraph 7, after “person” insert “who entered the

United Kingdom as an adult””

Member’s explanatory statement

To ensure that all care leavers—including young asylum-seekers and migrants who came to the

UK as children—are given the support they need while they are in the UK by amending Schedule

3 of the Nationality, Immigration and Asylum Act 2002 so it does not apply to people who initially

came to the UK as children. It will not create an automatic right to support but make sure that a

young person is not discriminated against on the basis of his or her immigration status.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

224

Schedule  6,  page  91,  line  37,  leave out “before the end of such period as may be

prescribed.”

Member’s explanatory statement

To remove provision for a period to be prescribed in regulations, made under section 94(3) of the

Immigration and Asylum Act 1999, during which an individual may be left destitute before

qualifying for section 95 support on the basis of having lodged “further qualifying submissions”.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

225

Schedule  6,  page  92,  line  6,  leave out from “, or” to end of line 8

Member’s explanatory statement

To prevent section 95 support from terminating immediately on notification of a decision on

further qualifying submissions if no period for support terminating is prescribed in regulations

made under section 94(3) of the Immigration and Asylum Act 1999.

James Brokenshire

97

Schedule  6,  page  92,  line  41,  leave out “VI”” and insert “VI and section 141””

Member’s explanatory statement

This is a minor and technical amendment. Paragraph 4(c) of Schedule 6 amends section 167 of the

Immigration and Asylum Act 1999 to remove the reference to Part VI, as the term “claim for

asylum” will no longer occur in that Part. The same change is needed in respect of section 141 of

that Act.

Notices of Amendments: 3 November 2015                  

4

Immigration Bill, continued

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

226

Schedule  6,  page  93,  line  37,  leave out sub-paragraph (5)

Member’s explanatory statement

To allow destitute refused asylum seeking families to continue receiving basic support (just over

£5 a day for their essential living needs with housing provided for those with nowhere to live) until

their case is finally concluded, as is currently the case. This aims to protect vulnerable children

from being left destitute; ensure immigration controls are not undermined because the Home

Office has lost contact with families who are appeal rights exhausted; and to avoid a substantial

transfer of costs to local authorities.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

227

Schedule  6,  page  93,  line  38,  leave out from “provided)” to end of line 39, and

insert—

“(a)    

the heading becomes “Support for asylum-seekers, etc”, and

(b)    

insert after subsection (8)—

  “(8A)  

The weekly cash payment set out in Regulation 2(2) of the

Asylum Support (Amendment No.3) Regulations 2015 No.

1501 for each individual is increased to no less than 60% of

the rate of Income Support payable to single adults aged 25

or over.””

Member’s explanatory statement

To ensure asylum seekers have the support they need to pay for food, clothing, toiletries, travel and

other necessities and thereby try to help ensure that they can properly meet their essential living

needs and pursue their asylum applications. The amendment works by amending section 95 of the

Immigration and Asylum Act 1999 which is the overarching section under which support for

person seeking asylum is provided.

James Brokenshire

98

Schedule  6,  page  96,  line  4,  at end insert—

    “( )  

After subsection (7) insert—

“(8)    

A tenancy is not a Scottish secure tenancy (within the meaning of the

Housing (Scotland) Act 2001 (asp 10)) if it is granted in order to

provide accommodation under section 95A.

Notices of Amendments: 3 November 2015                  

5

Immigration Bill, continued

(9)    

A tenancy which would be a Scottish secure tenancy but for subsection

(8) becomes a Scottish secure tenancy if the landlord notifies the

tenant that it is to be regarded as such.””

Member’s explanatory statement

This is a minor and technical amendment. Under housing law in Scotland, those supported under

section 4 of the Immigration and Asylum Act 1999 are not treated as though they have a secure

tenancy. The amendment ensures that the same applies to those supported under the new section

95A of that Act.

James Brokenshire

99

Schedule  6,  page  98,  line  15,  leave out from beginning to “Omit” in line 21 and

insert “In the Immigration, Asylum and Nationality Act 2006,”

Member’s explanatory statement

This is a minor and technical amendment, consequential on amendment 96.

Keir Starmer

Sarah Champion

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

Stuart C. McDonald

228

Schedule  6,  page  100,  line  16,  at end insert—

“(43A)  

The Immigration Act 1971 is amended as follows.

  (43B)  

After section 3(9) (general provisions for regulation and control) 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 on that fresh claim or to

refuse to treat such further submissions as a fresh claim has

not been taken within six months of the date on which they

were recorded.

    (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.””

Member’s explanatory statement

This proposed amendment would provide for asylum seekers to be able to work if their claim is not

determined within the Home Office target time of six months.

Notices of Amendments: 3 November 2015                  

6

Immigration Bill, continued

James Brokenshire

100

Schedule  6,  page  100,  line  31,  at end insert “, and

( )    

any dependant of a person within paragraph (a), (b) or (c).”

Member’s explanatory statement

The amendment ensures that the transitional arrangements allowing certain persons to continue

to be supported under section 4 of the Immigration and Asylum Act 1999 also apply to their

dependants.

James Brokenshire

101

Schedule  6,  page  100,  line  38,  at end insert—

    “( )  

On and after the day on which paragraphs 1 and 2 come into force, section 4

of the Immigration and Asylum Act 1999 has effect in relation to persons

within sub-paragraph (1) as if in subsection (11)(b) the word “not” were

omitted.”

Member’s explanatory statement

This amendment provides the flexibility to provide in regulations for those who continue to be

supported under section 4 of the Immigration and Asylum Act 1999 under the transitional

arrangements to receive support in the form of cash or vouchers.

James Brokenshire

102

Schedule  6,  page  100,  line  38,  at end insert—

    “( )  

In this paragraph “dependant” has the same meaning as in Part 6 of the

Immigration and Asylum Act 1999 (see section 94 of that Act).”

Member’s explanatory statement

This amendment is consequential on amendment 100.

James Brokenshire

103

Schedule  6,  page  101,  line  5,  at end insert “, and

( )    

any dependant of a person within paragraph (a), (b) or (c).”

Member’s explanatory statement

The amendment ensures that the transitional arrangements allowing certain failed asylum-seekers

to continue to be supported under section 95 of the Immigration and Asylum Act 1999 also apply

to their dependants.

James Brokenshire

104

Schedule  6,  page  101,  line  11,  at end insert—

    “( )  

In this paragraph “dependant” has the same meaning as in Part 6 of the

Immigration and Asylum Act 1999 (see section 94 of that Act).”

Member’s explanatory statement

This amendment is consequential on amendment 103.

Notices of Amendments: 3 November 2015                  

7

Immigration Bill, continued

James Brokenshire

105

Schedule  8,  page  107,  line  34,  leave out sub-paragraphs (ii) and (iii)

Member’s explanatory statement

This amendment makes minor drafting changes by omitting the unnecessary alterations to the

conjunctions in section 25B(3) Immigration Act 1971.

James Brokenshire

106

Schedule  8,  page  108,  line  9,  leave out “28A” and insert “28A(3)”

Member’s explanatory statement

This minor amendment substitutes “28A” for “28A(3)” to correct the reference to which

paragraph requires amending.

James Brokenshire

107

Schedule  8,  page  109,  line  26,  after “before” insert “an immigration officer,”

Member’s explanatory statement

This amendment ensures that immigration officers must seek authorisation from the Secretary of

State prior to exercising the maritime powers in relation to a foreign ship or a ship registered

under the law of a relevant territory, within UK territorial waters adjacent to Northern Ireland.

This aligns the provision with the equivalent provisions applicable to UK territorial waters

adjacent to England, Wales and Scotland.

James Brokenshire

108

Schedule  8,  page  111,  leave out lines 21 to 24

Member’s explanatory statement

This amendment removes the superfluous definition of “home state” and has no substantive effect.

James Brokenshire

109

Schedule  8,  page  114,  line  17,  leave out “detain” and insert “retain”

Member’s explanatory statement

This amendment and amendments 110 and 112 are minor drafting changes for consistency with

language used elsewhere in the Schedule and have no substantive effect.

James Brokenshire

110

Schedule  8,  page  118,  line  40,  leave out “detain” and insert “retain”

Member’s explanatory statement

See the explanatory statement for amendment 109.

James Brokenshire

111

Schedule  8,  page  122,  line  6,  leave out “(in England and Wales or elsewhere)” and

insert “in the United Kingdom”

Member’s explanatory statement

This amendment is a minor drafting change for consistency with the language used in the

equivalent provisions for England, Wales and Scotland.