Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 3 November 2015

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments 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includes any withdrawn amendments at the end.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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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


 
 

Notices of Amendments: 3 November 2015                  

3

 

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.


 
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