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Immigration Bill, continued

(11)    

After section 20 of the Immigration and Asylum Act 1999 insert—

“20A  

Duty to supply nationality documents to Secretary of State

(1)    

This section applies to a nationality document which the Secretary of

State has reasonable grounds for believing is lawfully in the possession

of a person listed in Schedule A1.

(2)    

The Secretary of State may direct the person to supply the document to

the Secretary of State if the Secretary of State suspects that—

(a)    

a person to whom the document relates may be liable to removal

from the United Kingdom in accordance with a provision of the

Immigration Acts, and

(b)    

the document may facilitate the removal.

(3)    

A person to whom a direction is given must, as soon as is practicable,

supply the document to the Secretary of State.

(4)    

If the document was originally created in hard copy form and the person

possesses the original document, it must be supplied to the Secretary of

State unless it is required by the person for the performance of any of the

person’s functions.

(5)    

If the original document is required by the person for the performance of

any of the person’s functions—

(a)    

the person must, as soon as is practicable, supply a copy of the

document to the Secretary of State, and

(b)    

if subsequently the person no longer requires the original

document, the person must supply it to the Secretary of State as

soon as is practicable after it is no longer required.

(6)    

Subsection (5)(b) does not apply if the Secretary of State notifies the

person that the original document is no longer required.

(7)    

If subsection (5) applies the person may make a copy of the original

document before supplying it to the Secretary of State.

(8)    

The Secretary of State may retain a nationality document supplied under

this section while the Secretary of State suspects that—

(a)    

a person to whom the document relates may be liable to removal

from the United Kingdom in accordance with a provision of the

Immigration Acts, and

(b)    

retention of the document may facilitate the removal.

(9)    

Subsection (8) does not affect any other power of the Secretary of State

to retain a document.

(10)    

The Secretary of State may dispose of a nationality document supplied

under this section in such manner as the Secretary of State thinks

appropriate.

(11)    

Nothing in this section authorises or requires a document to be supplied

if to do so would contravene a restriction on the disclosure of information

(however imposed).

(12)    

The Secretary of State may by regulations amend Schedule A1 so as to

add, modify or remove a reference to a person or description of person.

(13)    

Regulations under subsection (12) may not amend Schedule A1 so as to

apply this section to—

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Immigration Bill, continued

(a)    

either House of Parliament or a person exercising functions in

connection with proceedings in Parliament,

(b)    

the Scottish Parliament or a person exercising functions in

connection with proceedings in the Scottish Parliament,

(c)    

the National Assembly for Wales or a person exercising

functions in connection with proceedings in that Assembly, or

(d)    

the Northern Ireland Assembly or a person exercising functions

in connection with proceedings in that Assembly.

(14)    

In this section “nationality document” means a document which might—

(a)    

establish a person’s identity, nationality or citizenship, or

(b)    

indicate the place from which a person has travelled to the United

Kingdom or to which a person is proposing to go.”

(12)    

In section 166 of the Immigration and Asylum Act 1999 (regulations and

orders)—

(a)    

after subsection (5) insert—

“(5A)    

No regulations under section 20A(12) which amend Schedule

A1 so as to—

(a)    

add a reference to a person or description of person, or

(b)    

modify a reference to a person or description of person

otherwise than in consequence of a change of name or

transfer of functions,

are to be made unless a draft of the regulations has been laid

before Parliament and approved by a resolution of each House.”,

and

(b)    

in subsection (6), before the “or” at the end of paragraph (a) insert—

“(ab)    

under section 20A(12) and which falls within subsection

(5A),”.

(13)    

Before Schedule 1 to the Immigration and Asylum Act 1999 insert the Schedule

A1 set out in Schedule (Duty to supply nationality documents to Secretary of

State: persons to whom duty applies).”

Member’s explanatory statement

This amendment expands the information gateway in section 20 of the Immigration and Asylum

Act 1999 for the voluntary supply of information to the Secretary of State for immigration

purposes. It also places a duty on authorities listed in new Schedule A1 to that Act (see NS2) to

supply nationality documents to the Secretary of State where directed to do so.

James Brokenshire

NC16

To move the following Clause—

“Detention etc. by immigration officers in Scotland

(1)    

Section 26B(1) of the Criminal Law (Consolidation) (Scotland) Act 1995

(interpretation of Part 3) is amended as follows.

(2)    

In the definition of “immigration offence”—

(a)    

after “means” insert “— (a)”, and

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Immigration Bill, continued

(b)    

at the end of paragraph (a) insert “, or

(b)    

(insofar as it is not an offence within paragraph (a)) an

offence under the Immigration Acts or in relation to

which a power of arrest is conferred on an immigration

officer by the Immigration Acts;”.

(3)    

In the definition of “immigration enforcement offence”, omit paragraph (a).”

Member’s explanatory statement

This amendment ensures that the Scottish powers of detention prior to arrest and of arrest without

warrant apply to all immigration offences contained in, or for which an immigration officer has a

power of arrest under, the Immigration Acts. It ensures consistency in the immigration-related

criminal investigation powers of immigration officers across the United Kingdom.

Richard Fuller

Paul Blomfield

NC1

To move the following Clause—

“Detention of persons – exempted persons

In paragraph 16 of Schedule 2 to the Immigration Act 1971 after subsection (4)

insert —

“(5)    

A person may not be detained under this paragraph if they are a member of one

or more of the following groups of person—

(a)    

Pregnant women;

(b)    

Victims of trafficking;

(c)    

Victims of torture;

(d)    

Victims of sexual violence;

(e)    

Any other group as may be prescribed by the Secretary of State.””

Member’s explanatory statement

This amendment would provide that pregnant women, victims of trafficking, torture and sexual

violence, and any other group prescribed by the Secretary of State, may not be detained pending

an examination or decision by an immigration officer.

Richard Fuller

Paul Blomfield

NC3

To move the following Clause—

“Time limit on detention

In paragraph 16 of Schedule 2 to the Immigration Act 1971 after subsection (4)

insert—

“(5)    

Subject to regulations under subsection (6), a person detained under this

paragraph must be released on bail in accordance with Schedule 5 to the

Immigration Act 2016 after no later than the twenty-eighth day following

that on which the person was detained.

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Immigration Bill, continued

(6)    

The Secretary of State may by regulations make provision to vary by

category of person the time limit under subsection (5).””

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

NC4

To move the following Clause—

“Extension of the Gangmasters Licensing Authority remit

(1)    

The Secretary of State shall undertake a review of the Gangmasters Licensing

Authority’s remit with regard to section 2 of the Gangmasters (Licensing) Act

2004 and the necessity and evidence for an extension of work covered by this Act

and the additional resources required for any additional work, and lay a report in

both Houses of Parliament within one year of this Bill obtaining Royal Assent.

(2)    

The Secretary of State may by order amend section 3 of the Gangmasters

(Licensing) Act 2004 to include other areas of work where the Secretary of State

believes abuse and exploitation of workers may be taking place, and must allocate

additional resources accordingly.”

Member’s explanatory statement

To extend the remit of the Gangmasters Licensing Authority with appropriate resourcing, to better

enforce labour standards in high risk sectors beyond agriculture, gathering shellfish, processing

and packaging.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

NC5

To move the following Clause—

“Compensation for a illegal working closure notice where order is cancelled/

no compliance order is given

(1)    

Where an illegal working closure notice is issued and—

(a)    

is subsequently cancelled in accordance with paragraph 3 of Schedule 3

to this Act, or

(b)    

no illegal working compliance order is made (whether or not an

application is made for such an order)

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Immigration Bill, continued

the Secretary of state shall pay compensation to the persons listed in subsection

(2).”

(2)    

The Secretary of State shall pay compensation under subsection (1) to—

(a)    

the person to whom the notice was issued or, if he is dead, to his personal

representatives;

(b)    

a person who lives on the premises (whether habitually or not);

(c)    

any person who has an interest in the premises.

(3)    

No payment of compensation under this section shall be made unless an

application for such compensation has been made to the Secretary of State before

the end of the period of two years beginning with the date on which the notice is

issued.

(4)    

But the Secretary of State may direct that an application for compensation made

after the end of that period is to be treated as if it had been made within that period

if the Secretary of State considers that there are exceptional circumstances which

justify doing so.

(5)    

The question whether there is a right to compensation under this section shall be

determined by the Secretary of State.

(6)    

If the Secretary of State determines that there is a right to such compensation, the

amount of the compensation shall be assessed by an assessor appointed by the

Secretary of State.

(7)    

In assessing so much of any compensation payable as is attributable to suffering,

harm to reputation or similar damage, the assessor must have regard in particular

to—

(a)    

the conduct of the person to whom the notice was given;

(b)    

the conduct of the immigration officer.

(8)    

If, having had regard to any matters falling within subsection (9)(a) or (b), the

assessor considers that there are exceptional circumstances which justify doing

so, the assessor may determine that the amount of compensation payable is to be

a nominal amount only.

(9)    

The total amount of compensation payable must not exceed the overall

compensation limit. That limit is—

(a)    

£10,000 in a case in which there is no element for loss of earnings;

(b)    

£50,000 in any other case.

(10)    

The Secretary of State may by order made by statutory instrument amend

subsection (9) so as to vary overall compensation limit.

(11)    

No order may be made under subsection (9) unless a draft of the order has been

laid before and approved by a resolution of each House of Parliament.”

Member’s explanatory statement

To provide for statutory compensation to the person to whom an illegal working closure notice is

issued and anyone living on the premises or with an interest in the premises in the event that the

order is cancelled or that no application is subsequently made to a court for a compliance order,

or such an application is made but the court refuses to grant it.

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Immigration Bill, continued

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

NC6

To move the following Clause—

“Additional Measures in relation to Victims of Domestic Violence or Human

Trafficking

(1)    

The Immigration Act 2014 is amended in accordance with subsection (2)

(2)    

In Section 21 after sub-section (4) insert—

“(4A)    

P is to be treated as having a right to rent in relation to premises (in spite

of subsection (2)) if they are in the process of applying for leave to remain

under Paragraph 289 of the Immigration Rules as a victim of domestic

violence.

(4B)    

P is to be treated as having a right to rent in relation to premises (in spite

of subsection (2)) if they have received a reasonable grounds decision

from UK Visas and Immigration that they are a victim of human

trafficking.””

Member’s explanatory statement

This new clause would enable suspected victims of human trafficking or domestic violence, who do

not have a final visa giving them leave to remain, the right to enter into a tenancy.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

NC7

To move the following Clause—

“Residential tenancies: repeal of provisions of the Immigration Act 2014

(1)    

The Immigration Act 2014 is amended as follows.

(2)    

Omit sections 20-37, 74(2)(a) and Schedule 3.

Member’s explanatory statement

Together with amendment 84, this amendment removes the residential tenancies provisions from

both the Immigration Act 2014 and the current Bill.

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Immigration Bill, continued

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

NC8

To move the following Clause—

“Persons with a right to rent

(1)    

The Immigration Act 2014 is amended as follows.

(2)    

In section 21(2)(a) after “have it,” insert “subject to subsection (2A)”.

(3)    

After section 21(2) insert—

“(2A)    

P retains a right to rent under this section:

(a)    

for 90 days after P’s leave to enter or remain comes to an end; or

(b)    

until the end of the one year beginning with the date on which P’s

landlord last complied with the prescribed requirements in

respect of P, whichever is longer.”

(4)    

After section 21(4) (b) insert—

“(c)    

a person who has retained a right to rent under subsection (2A).”

Member’s explanatory statement

To amend the Immigration Act 2014 to provide protection for landlords and landladies from

prosecution when their tenant’s leave comes to an end.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

NC9

To move the following Clause—

“Immigration Act 2014: Premises shared with the landlord or a member of his

family

(1)    

The Immigration Act 2014 is amended in accordance with subsection (2).

(2)    

In Clause 20 (Residential tenancy agreement), omit the “and” at the end of

subparagraph (b), and insert—

“(ba)    

is not an agreement granting a right of occupation of premises shared

with the landlord, licensor or a member of his family, and””

Member’s explanatory statement

To exclude from the definition of a residential tenancy agreement those agreements relating to

accommodation shared with a landlord or a member of his family, so that individuals who rent out