Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 17 November 2015

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

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includes any withdrawn amendments at the end.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].

 


 

James Brokenshire

 

NC17

 

To move the following Clause—

 

         

“Availability of local authority support

 

Schedule (Availability of local authority support) has effect.”

 

Member’s explanatory statement

 

This new clause introduces the new Schedule which makes changes to the availability of local

 

authority support for certain categories of migrant.

 



 
 

Public Bill Committee: 17 November 2015                  

2

 

Immigration Bill, continued

 
 

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)

 

    

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);


 
 

Public Bill Committee: 17 November 2015                  

3

 

Immigration Bill, continued

 
 

(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.

 


 

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)


 
 

Public Bill Committee: 17 November 2015                  

4

 

Immigration Bill, continued

 
 

(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.

 


 

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)”.


 
 

Public Bill Committee: 17 November 2015                  

5

 

Immigration Bill, continued

 
 

(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

 

rooms or take lodgers into their homes, as opposed to renting out a whole flat or house, are not

 

part of the right to rent provisions.

 



 
 

Public Bill Committee: 17 November 2015                  

6

 

Immigration Bill, continued

 
 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Anne McLaughlin

 

Gavin Newlands

 

NC10

 

To move the following Clause—

 

         

“Persons disqualified by immigration status or with limited right to rent

 

(1)    

The Immigration Act 2014 is amended in accordance with subsections (2) to (3).

 

(2)    

Omit section 21(3) and insert—

 

“(3)    

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

 

spite of subsection (2)) if:

 

(a)    

the Secretary of State has granted P permission for the purposes

 

of this Chapter to occupy premises under a residential tenancy

 

agreement; or

 

(b)    

P has been granted immigration bail; or

 

(c)    

P is to be treated as having been granted immigration bail.””

 

Member’s explanatory statement

 

To ensure that persons seeking asylum who can afford to rent privately, persons with outstanding

 

applications and persons with outstanding appeals or judicial reviews are able to rent.

 


 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

NC11

 

To move the following Clause—

 

         

“Eligibility for housing and homelessness assistance

 

The Secretary of State shall make provision by regulations to ensure that a person

 

granted leave to enter or remain under section 3 of the Immigration Act 1971,

 

whether under rules made under that section or otherwise, who is eligible for

 

public funds shall also be eligible for housing and homelessness services.”

 



 
 

Public Bill Committee: 17 November 2015                  

7

 

Immigration Bill, continued

 
 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

NC12

 

To move the following Clause—

 

         

“Immigration Act 2014: Extension to Wales, Scotland and Northern Ireland

 

(1)    

The Immigration Act 2014 is amended as follows.

 

(2)    

In section 76(2) insert—

 

“(2A)    

Sections 20 to 37 and Schedule 3 extend to England only unless an order

 

is made under this section but no order may be made under this section—

 

(a)    

Extending the provisions to Scotland without the consent of the

 

Scottish Ministers;

 

(b)    

Extending the provisions to Wales without the consent of the

 

Welsh Assembly;

 

(c)    

Extending the provisions to Northern Ireland without the consent

 

of the Northern Ireland Assembly.””

 

Member’s explanatory statement

 

To remove the power to extend by regulation the provisions of this Act on residential tenancies

 

beyond England and to restrict the provisions of the Immigration Act 2014 pertaining to England

 

unless the devolved administrations consent to their further extension.

 


 

Mr David Burrowes

 

NC13

 

To move the following Clause—

 

         

“Automatic deportation under the UK Borders Act 2007

 

(1)    

Section 32 of the UK Borders Act 2007 is amended as follows.

 

(2)    

In subsection (2) leave out “12” and insert “6”.

 

Member’s explanatory statement

 

This amendment would require that non-British citizens who commit offences and are sentenced

 

to 6 months in prison are deported automatically.

 

 



 
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