1

House of Commons

Notices of Amendments

given up to and including

Thursday 22 October 2015

New Amendments handed in are marked thus

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

Amendments tabled since the last publication: 40-68, NC4-NC5

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includes any withdrawn amendments at the end.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

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

55

Clause  1,  page  1,  line  6,  after subsection (1) insert—

“(1A)    

The primary purpose of the Director of Labour Market Enforcement is to secure

the enforcement of labour market legislation, as defined in Section 3(3) of this

Act.”

Member’s explanatory statement

To ensure that the functions of the Director of Labour Market Enforcement are exercised for the

Notices of Amendments: 22 October 2015                  

2

Immigration Bill, continued

purpose of protecting those vulnerable to labour market exploitation and to make this explicit on

the face of the Bill.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

57

Clause  2,  page  2,  line  9,  at end insert—

“(ia)    

the threats and obstacles to effective labour market enforcement,

(ib)    

the remedies secured by victims of non-compliance in the labour

market,”

Member’s explanatory statement

To ensure that the labour market enforcement strategy sets out an assessment of the threats and

obstacles to effective labour market enforcements and the remedies secured by victims of labour

rights infringements and labour market offences.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

58

Clause  2,  page  2,  line  12,  leave out paragraph (b) and insert—

“(b)    

contains a proposal for the year to which the strategy relates setting out—

(i)    

how the non-compliance outlined in the assessment required by

section 2(2)(a) (i) and (ii) is to be addressed,

(ii)    

how the threats and obstacles identified under subsection (2)(iA)

are to be overcome, and

(iii)    

how the provision of remedies for victims of non-compliance in

the labour market identified under subsection 2(iB) is to be

improved.”

Member’s explanatory statement

To ensure that the functions of the Director of Labour Market Enforcement are exercised for the

purpose of enforcing all existing labour market standards, rather than prioritising a limited

number of areas, and to link the Director’s strategy with his or her assessment of non-compliance

with labour market standards.

Notices of Amendments: 22 October 2015                  

3

Immigration Bill, continued

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

56

Clause  2,  page  2,  line  24,  leave out subsection (3) and insert—

“(3)    

The proposal mentioned in subsection (2)(b) must set out the resources required

to—

(a)    

address the non-compliance in the labour market,

(b)    

overcome the threats and obstacles identified under subsection 2(b)(iA),

(c)    

improve the provision of remedies for victims of non-compliance in the

labour market.”

Member’s explanatory statement

To oblige the Director of Labour Market Enforcement to provide an assessment of the resources

required for effective labour market enforcement and remedies for victims, rather than simply to

determine how currently available resources should be allocated.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

59

Clause  2,  page  2,  line  26,  at end insert—

“(3A)    

Nothing in the strategy shall—

(a)    

restrict, or

(b)    

reduce the resources allocated to

the labour market enforcement functions as defined in Section 3(2) of this Act.”

Member’s explanatory statement

To clarify the relationship between the Director of Labour Market Enforcement and the UK’s

existing labour inspection agencies, ensuring the current role, remit and resources of labour

inspectorates are safeguarded.

Notices of Amendments: 22 October 2015                  

4

Immigration Bill, continued

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

60

Clause  2,  page  2,  line  26,  at end insert—

“(3A)    

The Director must engage with civil society in the development of his or her

labour market enforcement strategy.”

Member’s explanatory statement

To expressly require engagement between civil society and the Director of Labour Market

Enforcement in the development of the labour market enforcement strategy.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

65

Clause  3,  page  3,  line  6,  at end insert—

“(da)    

any function of the Health and Safety Executive and the Health and

Safety Executive for Northern Ireland;

(db)    

any function of local authorities in relation to the “relevant statutory

provisions” as defined in Part 1 of the Health and Safety at work act 1973;

(dc)    

any function of local authorities under the Children and Young Persons

Act 1933 and by-laws made under that Act, the Management of Health

and Safety at Work Regulations 1999, and the Children (Protection at

Work) (Scotland) Regulations 2006.”

Member’s explanatory statement

To include the remit of the Director of Labour Market Enforcement to cover functions relating to

health and safety at work and child labour, functions carried out for the most part by local

authorities.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

66

Clause  3,  page  3,  line  12,  at end insert—

“(ca)    

Part 1 and The Health and Safety at Work Act 1973;

(cb)    

Sections 3 and 4 and Part 2 of the Employment of the Children and

Young Persons Act 1933.”

Member’s explanatory statement

This a consequential amendment to amendment 65.

Notices of Amendments: 22 October 2015                  

5

Immigration Bill, continued

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

63

Clause  3,  page  3,  line  31,  before “in this section”, insert “Subject to subsection

6A,”

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

64

Clause  3,  page  3,  line  33,  at end insert—

“(6A)    

A person is not prevented from being a worker, or a person seeking work, for the

purposes of this section by reason of the fact that he has no right to be, or to work,

in the United Kingdom.”

Member’s explanatory statement

To ensure that labour market offences committed against all workers are included within the scope

of the Director of Labour Market Enforcement’s work, irrespective of immigration status (as under

subsection 2 of section 26 of the Gangmasters (Licensing) Act 2004).

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

62

Clause  4,  page  3,  line  42,  leave out paragraph (a) and insert—

“(a)    

An assessment of the extent to which the strategy developed under

section 2 of this Act has—

(i)    

addressed the non-compliance identified under Section (2)(a)(i),

(ii)    

improved the provision of remedies for victims of non-

compliance in the labour market identified under 2(a)(iA), and

(iii)    

overcome the threats and obstacles identified under 2 (a)(iB)”.

Member’s explanatory statement

To ensure the Director of Labour Market Enforcement’s Annual Report links with his or her

Notices of Amendments: 22 October 2015                  

6

Immigration Bill, continued

assessments about non-compliance in the labour market (and assessment of the remedies secured

by victims and threats and obstacles to effective enforcement).

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

61

Clause  6,  page  4,  line  31,  after “market” insert “to facilitate the labour market

enforcement functions as defined in Section 3 of this Act”.

Member’s explanatory statement

To prompt debate about the information hub proposed in Clause 6 of the Bill.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

68

Clause  8,  page  5,  line  6,  after “if”, insert “without reasonable excuse”

Member’s explanatory statement

To provide for a defence against the offence of illegal working.

Keir Starmer

Sarah Champion

Paul Blomfield

Kate Hollern

Mrs Emma Lewell-Buck

Sue Hayman

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

67

Clause  9,  page  7,  line  6,  leave out subsection 1 and insert—

“(1)    

In section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of

knowingly employing a legal worker), delete subsection (1) and substitute—

“(1)    

A person commits an offence if he knowingly or recklessly employs an

adult subject to immigration control, where—

(a)    

this adult has not been granted leave to enter or remain in the

United Kingdom, or

Notices of Amendments: 22 October 2015                  

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Immigration Bill, continued

(b)    

this adult’s leave to enter or remain in the United Kingdom—

(i)    

is invalid,

(ii)    

has ceased to have effect (whether by reason of

curtailment, revocation, cancellation, passage of time or

otherwise), or

(iii)    

is subject to a condition preventing him from accepting

the employment.”

Member’s explanatory statement

To adopt a test of recklessness rather than negligence for the offence of employing an illegal

worker, so as to avoid discriminatory employment practices by employers.

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

40

Page  7,  line  26,  leave out Clause 10

Member’s explanatory statement

This would omit the new licensing/illegal working scheme for the Bill and maintain the status quo.

James Brokenshire

1

Schedule  1,  page  49,  line  38,  leave out sub-paragraph (6) and insert—

    “( )  

After subsection (5) insert—

“(5A)    

Where an interim authority notice is cancelled under subsection

(3)(b)(ii), the licensing authority must also give a copy of the notice

under subsection (4) to the Secretary of State.””

Member’s explanatory statement

This amendment requires a licensing authority to notify the Secretary of State of its decision to

cancel an interim authority notice where the Secretary of State has given notice under section

48(2B) of the Licensing Act 2003 that granting the interim authority notice would be prejudicial

to the prevention of illegal working.

James Brokenshire

2

Schedule  1,  page  51,  line  27,  at end insert—

    “( )  

In subsection (5)—

(a)    

omit the “and” at the end of paragraph (a);

(b)    

at the end of paragraph (b) insert “and

(c)    

the applicant having been required to pay any

immigration penalty,”.”

Member’s explanatory statement

This amendment ensures that a chief officer of police may have regard to an applicant being

required to pay an immigration penalty when considering whether granting a personal licence

would undermine the crime prevention objective.