Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 25 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

 

Amendments tabled since the last publication: NC3 to NC9 and 3 to 17

 

Consideration of Bill (Report Stage)


 

Immigration Bill, As Amended


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in the

 

order in which they relate to the Bill.

 


 

New Clauses

 

Secretary Theresa May

 

NC3

 

Parliamentary Star    

To move the following Clause—

 

         

“Transfer of responsibility for relevant children

 

(1)    

This section applies in relation to a local authority in England (“the first

 

authority”) if—

 

(a)    

the authority has functions under any of the provisions of or made under

 

Part 3, 4 or 5 of the Children Act 1989 (support for children and families

 

and care, supervision and protection of children) (“the relevant

 

provisions”) in relation to a relevant child, or

 

(b)    

functions under any of the relevant provisions may be conferred on the

 

authority in relation to a relevant child.

 

(2)    

The first authority may make arrangements with another local authority in

 

England (“the second authority”) under which—


 
 

Notices of Amendments: 25 November 2015                  

2

 

Immigration Bill, continued

 
 

(a)    

if this section applies to the authority by virtue of paragraph (a) of

 

subsection (1), the functions mentioned in that paragraph become

 

functions of the second authority in relation to the relevant child, and

 

(b)    

if this section applies to the authority by virtue of paragraph (b) of

 

subsection (1), the functions mentioned in that paragraph become

 

functions that may be conferred on the second authority in relation to the

 

relevant child.

 

(3)    

The effect of arrangements under this section is that, from the time at which the

 

arrangements have effect in accordance with their terms—

 

(a)    

functions under the relevant provisions cease to be functions of, and may

 

not be conferred on, the first authority in relation to the relevant child

 

(“C”),

 

(b)    

any of the relevant provisions which immediately before that time

 

applied in relation to C as a result of C’s connection with the first

 

authority or the area of the first authority have effect as if C had that

 

connection with the second authority or the area of the second authority

 

(if that would not otherwise be the case), and

 

(c)    

C is to be treated for the purposes of the relevant provisions as if C were

 

not and had never been ordinarily resident in the area of the first authority

 

(if that would otherwise be the case).

 

(4)    

Subsection (3)(b) is subject to any change in C’s circumstances after the time at

 

which the arrangements have effect.

 

(5)    

Nothing in subsection (3) affects any liability of the first authority in relation to

 

C for any act or omission of the first authority before the time at which the

 

arrangements have effect.

 

(6)    

The Secretary of State may by regulations make further provision about the effect

 

of arrangements under this section.

 

(7)    

Arrangements under this section may not be brought to an end by the first or

 

second authority once they have come into effect.

 

(8)    

In this section “local authority” means a local authority within the meaning of the

 

Children Act 1989 (see section 105(1) of that Act).

 

(9)    

In this section “relevant child” means—

 

(a)    

a person under the age of 18 who is unaccompanied and has made a

 

protection claim which has not been determined, or

 

(b)    

a person under the age of 18 who is unaccompanied and who—

 

(i)    

requires leave to enter or remain in the United Kingdom but does

 

not have it, and

 

(ii)    

is a person of a kind specified in regulations made by the

 

Secretary of State.

 

(10)    

The Secretary of State may by regulations make provision about the meaning of

 

“unaccompanied” for the purposes of subsection (9).

 

(11)    

In subsection (9)—

 

(a)    

“protection claim” has the meaning given by section 82(2) of the

 

Nationality, Immigration and Asylum Act 2002, and

 

(b)    

the reference to a protection claim having been determined is to be

 

construed in accordance with section 94(3) of the Immigration and

 

Asylum Act 1999.”

 

Member’s explanatory statement

 

This new clause creates a mechanism in England to transfer responsibility for caring for particular


 
 

Notices of Amendments: 25 November 2015                  

3

 

Immigration Bill, continued

 
 

categories of unaccompanied migrant children, including unaccompanied asylum seeking

 

children, from one local authority to another.

 


 

Secretary Theresa May

 

NC4

 

Parliamentary Star    

To move the following Clause—

 

         

“Duty to provide information for the purposes of transfers of responsibility

 

(1)    

The Secretary of State may direct a local authority in England to provide

 

information of the kind specified in subsection (2) to the Secretary of State for the

 

purposes of enabling—

 

(a)    

arrangements to be made under section (Transfer of responsibility for

 

relevant children), or

 

(b)    

the Secretary of State to exercise functions under section (Scheme for

 

transfer of responsibility for relevant children).

 

(2)    

The information mentioned in subsection (1) is—

 

(a)    

information about the support or accommodation provided to children

 

who are looked after by the local authority within the meaning of the

 

Children Act 1989;

 

(b)    

such other information as may be specified in regulations made by the

 

Secretary of State.

 

(3)    

A local authority which is directed to provide information under this section must

 

provide it—

 

(a)    

in such form and manner as the Secretary of State may direct, and

 

(b)    

before such time or before the end of such period as the Secretary of State

 

may direct.

 

(4)    

In this section “local authority” has the same meaning as in section (Transfer of

 

responsibility for relevant children).”

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to direct local authorities in England to provide

 

information about the support and accommodation provided to children in their care. This will

 

inform arrangements made for the transfer of particular categories of unaccompanied migrant

 

children from one local authority to another.

 


 

Secretary Theresa May

 

NC5

 

Parliamentary Star    

To move the following Clause—

 

         

“Request for transfer of responsibility for relevant children

 

(1)    

Subsection (2) applies if—

 

(a)    

a local authority in England (“the first authority”) requests another local

 

authority in England (“the second authority”) to enter into arrangements

 

under section (Transfer of responsibility for relevant children), and

 

(b)    

the second authority does not comply with the first authority’s request.


 
 

Notices of Amendments: 25 November 2015                  

4

 

Immigration Bill, continued

 
 

(2)    

The Secretary of State may direct the second authority to provide the first

 

authority and the Secretary of State with written reasons for its failure to comply

 

with the request.

 

(3)    

In this section “local authority” has the same meaning as in section (Transfer of

 

responsibility for relevant children).”

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to direct the provision of written reasons as to why

 

a local authority in England refuses to comply with a request to accept responsibility for an

 

unaccompanied migrant child from another local authority.

 


 

Secretary Theresa May

 

NC6

 

Parliamentary Star    

To move the following Clause—

 

         

“Scheme for transfer of responsibility for relevant children

 

(1)    

The Secretary of State may prepare a scheme for functions of, or which may be

 

conferred on, a local authority in England (“the first authority”) to become

 

functions of, or functions which may be conferred on, another local authority in

 

England (“the second authority”) in accordance with arrangements under section

 

(Transfer of responsibility for relevant children).

 

(2)    

The scheme—

 

(a)    

must specify the local authorities to which it relates, and

 

(b)    

unless it relates to all relevant children who may be the subject of

 

arrangements under that section between those authorities, must specify

 

the relevant child or children, or descriptions of relevant children, to

 

which it relates.

 

(3)    

The Secretary of State may direct the first authority and the second authority to

 

comply with the scheme.

 

(4)    

A direction may not be given under subsection (3) unless the Secretary of State is

 

satisfied that compliance with the direction will not unduly prejudice the

 

discharge by the second authority of any of its functions.

 

(5)    

Before giving a direction under subsection (3) to a local authority, the Secretary

 

of State must give the authority notice in writing of the proposed direction.

 

(6)    

The Secretary of State may not give a direction to a local authority before the end

 

of the period of 14 days beginning with the day on which notice under subsection

 

(5) was given to it.

 

(7)    

The local authority may make written representations to the Secretary of State

 

about the proposed direction within that period.

 

(8)    

The Secretary of State may modify or withdraw a direction under subsection (3)

 

by notice in writing to the local authorities to which it was given.

 

(9)    

A modification or withdrawal of a direction does not affect any arrangements

 

made under section (Transfer of responsibility for relevant children) pursuant to

 

the direction before it was modified or withdrawn.

 

(10)    

Subsections (5) to (7) apply to the modification or withdrawal of a direction as

 

they apply to the giving of a direction, but as if—

 

(a)    

the reference to the proposed direction were to the proposed modification

 

or proposal to withdraw the direction, and

 

(b)    

subsection (6) permitted the Secretary of State to withdraw the direction

 

before the end of the 14 day period with the agreement of the local

 

authorities to which it applies.


 
 

Notices of Amendments: 25 November 2015                  

5

 

Immigration Bill, continued

 
 

(11)    

In this section “local authority” and “relevant child” have the same meanings as

 

in section (Transfer of responsibility for relevant children).”

 

Member’s explanatory statement

 

This new clause creates a mechanism for the Secretary of State to require local authorities in

 

England to co-operate in the transfer of particular categories of unaccompanied migrant children

 

from one local authority to another.

 


 

Secretary Theresa May

 

NC7

 

Parliamentary Star    

To move the following Clause—

 

         

“Extension to Wales, Scotland and Northern Ireland

 

(1)    

The Secretary of State may by regulations make such provision as the Secretary

 

of State considers appropriate for enabling any of the provisions of sections

 

(Transfer of responsibility for relevant children) to (Scheme for transfer of

 

responsibility for relevant children) to apply in relation to Wales, Scotland or

 

Northern Ireland.

 

(2)    

The Secretary of State may by regulations make provision which—

 

(a)    

has a similar effect to any of the provisions mentioned in subsection (1),

 

and

 

(b)    

applies in relation to Wales, Scotland or Northern Ireland.

 

(3)    

Regulations under subsection (1) or (2) may—

 

(a)    

amend, repeal or revoke any enactment (including an enactment

 

contained in this Act);

 

(b)    

confer functions on any person (including a power to make regulations).

 

(4)    

Regulations under subsection (1) or (2) may not confer functions on—

 

(a)    

the Welsh Ministers,

 

(b)    

the Scottish Ministers,

 

(c)    

the First Minister and deputy First Minister in Northern Ireland,

 

(d)    

a Northern Ireland Minister, or

 

(e)    

a Northern Ireland department.

 

(5)    

In this section “enactment” includes—

 

(a)    

an enactment contained in subordinate legislation within the meaning of

 

the Interpretation Act 1978;

 

(b)    

an enactment contained in, or in an instrument made under, an Act or

 

Measure of the National Assembly for Wales;

 

(c)    

an enactment contained in, or in an instrument made under, an Act of the

 

Scottish Parliament;

 

(d)    

an enactment contained in, or in an instrument made under, Northern

 

Ireland legislation.”

 

Member’s explanatory statement

 

This new clause enables the Secretary of State to make regulations to extend any of the provisions

 

made by NC3 to NC6 to Wales, Scotland and Northern Ireland. By virtue of amendment 5, such

 

regulations will be subject to the draft affirmative procedure.

 



 
 

Notices of Amendments: 25 November 2015                  

6

 

Immigration Bill, continued

 
 

Yvette Cooper

 

Tim Farron

 

Stuart C. McDonald

 

Caroline Lucas

 

Mr Alistair Carmichael

 

Shabana Mahmood

 

Tom Brake

 

Mr George Howarth

 

Ms Karen Buck

 

Greg Mulholland

 

NC1

 

To move the following Clause—

 

         

“Extended criteria for refugees joining refugee sponsors

 

(1)    

Rules made by the Secretary of State under section 3 of the Immigration Act

 

1971, shall make provision for persons outside the United Kingdom to apply for

 

family reunion with persons recognised as refugees in the United Kingdom, or

 

granted humanitarian protection in the United Kingdom on or after 30 August

 

2005, who are their children, grandchildren, parents, grandparents, spouses, civil

 

or unmarried partners or siblings.

 

(2)    

Rules made under subsection (1) may—

 

(a)    

make provision for dependants of the persons therein mentioned;

 

(b)    

make provision for a person who the Secretary of State is satisfied was

 

a dependant of the refugee or person granted humanitarian protection or

 

a member of their household at the time the refugee or person granted

 

humanitarian protection left the country of his habitual residence;

 

(c)    

restrict provision for siblings applying to join family in the UK to those

 

who have not formed their own independent family unit outside of the

 

UK.

 

(3)    

Family members seeking leave to enter or remain in the United Kingdom must—

 

(a)    

be applicants who would not be excluded from protection by virtue of

 

article 1F of the United Nations Convention and Protocol relating to the

 

Status of Refugees if he were to seek asylum in his own right;

 

(b)    

be applicants who would not be excluded from humanitarian protection

 

for any reason in the immigration rules in the United Kingdom.

 

Member’s explanatory statement

 

This amendment would allow those separated from their family, and who have refugee or

 

humanitarian protection status in the UK, to sponsor family members beyond spouses or under-18

 

children to join them. It would also remedy an anomaly that prevents children with refugee status

 

in the UK from sponsoring their parents to join them.

 



 
 

Notices of Amendments: 25 November 2015                  

7

 

Immigration Bill, continued

 
 

Mr David Burrowes

 

Philip Davies

 

NC2

 

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) substitute “12” for “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.

 


 

Richard Fuller

 

Mr David Burrowes

 

NC8

 

Parliamentary Star    

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)    

a woman who—

 

(i)    

states that she is pregnant, where this is confirmed to be

 

the case or,

 

(ii)    

is reasonably suspected to be pregnant by an

 

immigration officer;

 

(b)    

a person whose initial claim for asylum to the United Kingdom

 

was based on being a victim of one of the following:

 

(i)    

human trafficking;

 

(ii)    

torture;

 

(iii)    

sexual violence;

 

(c)    

a member of any other group as may be prescribed in regulations

 

by the Secretary of State.””

 

Member’s explanatory statement

 

This amendment would provide that pregnant women, people who claimed asylum as victims of

 

trafficking, torture or 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.

 



 
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