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Notices of Amendments: 25 November 2015                  

8

 

Immigration Bill, continued

 
 

Richard Fuller

 

Mr David Burrowes

 

NC9

 

Parliamentary Star    

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 subsection (6), no person shall be detained under this

 

paragraph for more than 28 days.

 

(6)    

Subsection (5) shall not apply where the person detained under this

 

paragraph has a criminal conviction with a sentence of imprisonment for

 

three months or more.””

 

Member’s explanatory statement

 

This amendment provides that people shall not be detained pending an examination/a decision by

 

an immigration officer for more than 28 days, unless they have a criminal conviction.

 

 


 

Secretary Theresa May

 

3

 

Parliamentary Star    

Clause  25,  page  32,  line  20,  leave out “strip” and insert “full”

 

Member’s explanatory statement

 

This amendment and amendment 4 replace the term “strip” search with “full” search to reflect

 

more appropriately the nature of the power.

 

Secretary Theresa May

 

4

 

Parliamentary Star    

Clause  25,  page  33,  line  10,  leave out “strip” and insert “full”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 3.

 


 

Secretary Theresa May

 

5

 

Parliamentary Star    

Clause  57,  page  49,  line  24,  at end insert—

 

“( )    

regulations under section (Extension to Wales, Scotland and Northern

 

Ireland)(1) or (2),”

 

Member’s explanatory statement

 

This amendment provides that regulations made under the new clause inserted by NC7 will be

 

subject to the draft affirmative procedure.

 



 
 

Notices of Amendments: 25 November 2015                  

9

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

6

 

Parliamentary Star    

Clause  59,  page  50,  line  17,  at end insert—

 

“( )    

“Sections (Transfer of responsibility for relevant children) to (Scheme for

 

transfer of responsibility for relevant children) extend to England and Wales

 

only.”

 

Member’s explanatory statement

 

This amendment provides that the new clauses inserted by NC3 to NC6 extend to England and

 

Wales only. Regulations made under the new clause inserted by NC7 may be used to apply the

 

provisions in Wales.

 

Gavin Robinson

 

Lady Hermon

 

Ian Paisley

 

Jim Shannon

 

David Simpson

 

Sammy Wilson

 

Mr Nigel Dodds

 

1

 

Clause  59,  page  50,  line  18,  leave out subsection (2).

 


 

Mr Alistair Carmichael

 

2

 

Schedule  8,  page  119,  line  21,  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 (including self-employment and voluntary work) 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.””

 



 
 

Notices of Amendments: 25 November 2015                  

10

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

7

 

Parliamentary Star    

Schedule  9,  page  121,  line  40,  at end insert—

 

“          

After paragraph 1 insert—

 

“1A(1)  

A person to whom this paragraph applies is not eligible for

 

assistance under section 23C(4)(b), 23CA(4) or 24B(2)(b) of the

 

Children Act 1989 (grants to meet expenses connected with

 

education or training) which consists of a grant to enable the person

 

to meet all or part of the person’s tuition fees.

 

      (2)  

The duty in section 23C(4)(b) or 23CA(4) of that Act and the power

 

in section 24B(2)(b) of that Act may not be exercised or performed

 

in respect of a person to whom this paragraph applies so as to make

 

a grant to enable the person to meet all or part of the person’s tuition

 

fees.

 

      (3)  

This paragraph applies to a person in England who is aged 18 or

 

over and who—

 

(a)    

has leave to enter or remain in the United Kingdom which

 

has been granted for a limited period,

 

(b)    

is an asylum-seeker, or

 

(c)    

has made an application for leave to enter or remain in the

 

United Kingdom which has not been withdrawn or

 

determined.

 

      (4)  

In this paragraph “tuition fees” means fees payable for a course of

 

a description mentioned in Schedule 6 to the Education Reform Act

 

1988.””

 

Member’s explanatory statement

 

This amendment prevents local authorities in England from paying the higher education tuition

 

fees of adult migrant care leavers deemed to be overseas students because of their immigration

 

status. Instead, to obtain such support, the person will be required to qualify under the Student

 

Support Regulations.

 

Secretary Theresa May

 

8

 

Parliamentary Star    

Schedule  9,  page  123,  leave out lines 10 and 11 and insert—

 

“(c)    

who is not a relevant failed asylum seeker, and”

 

Member’s explanatory statement

 

This amendment and amendment 9 define those who are or may be supported under section 95A

 

of the Immigration and Asylum Act 1999 and who therefore may not be supported under the

 

regulations made under paragraph 10A of Schedule 3 to the Nationality, Immigration and Asylum

 

Act 2002.

 

Secretary Theresa May

 

9

 

Parliamentary Star    

Schedule  9,  page  123,  line  12,  at end insert—

 

    “( )  

A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph

 

(1)(c) if the person is a failed asylum seeker within the meaning of Part 6 of

 

the Immigration and Asylum Act 1999 and—

 

(a)    

the person is receiving support under section 95A of that Act,

 

(b)    

the person has made an application for such support which has not

 

been refused, or


 
 

Notices of Amendments: 25 November 2015                  

11

 

Immigration Bill, continued

 
 

(c)    

there are reasonable grounds for believing such support would be

 

provided to the person if an application by the person for such support

 

were made.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 8.

 

Secretary Theresa May

 

10

 

Parliamentary Star    

Schedule  9,  page  123,  line  23,  after “82(1),” insert—

 

“( )    

the appeal is not one that, by virtue of section 92(6),

 

must be continued from outside the United Kingdom,”

 

Member’s explanatory statement

 

This amendment excludes appeals which must be pursued from outside the UK under section 92(6)

 

of the 2002 Act from the reference in paragraph 10A(3)(b) to an appeal pending within the

 

meaning of section 104 of that Act.

 

Secretary Theresa May

 

11

 

Parliamentary Star    

Schedule  9,  page  123,  line  29,  after “that” insert “a person specified in regulations

 

under this paragraph is satisfied that”

 

Member’s explanatory statement

 

This amendment clarifies that the local authority or another person specified in the regulations is

 

to be satisfied that condition D in sub-paragraph 10A(5) of Schedule 3 to the 2002 Act is met in

 

order for support to be provided under that sub-paragraph.

 

Secretary Theresa May

 

12

 

Parliamentary Star    

Schedule  9,  page  123,  line  30,  at end insert—

 

    “( )  

Regulations under this paragraph may specify—

 

(a)    

factors which a person specified by virtue of sub-paragraph (5) may or

 

must take into account in making a determination under that sub-

 

paragraph;

 

(b)    

factors which such a person must not take into account in making such

 

a determination.”

 

Member’s explanatory statement

 

This amendment provides that the regulations made under paragraph 10A of Schedule 3 to the

 

2002 Act may specify factors which a local authority or another person may or must, or must not,

 

take into account in determining whether condition D in sub-paragraph 10A(5) is met.

 

Secretary Theresa May

 

13

 

Parliamentary Star    

Schedule  9,  page  124,  leave out lines 16 and 17 and insert—

 

“(b)    

who is not a relevant failed asylum seeker, and”

 

Member’s explanatory statement

 

This amendment and amendment 14 define those who are or may be supported under section 95A

 

of the Immigration and Asylum Act 1999 and who therefore may not be supported under the

 

regulations made under paragraph 10B of Schedule 3 to the Nationality, Immigration and Asylum

 

Act 2002.


 
 

Notices of Amendments: 25 November 2015                  

12

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

14

 

Parliamentary Star    

Schedule  9,  page  124,  line  18,  at end insert—

 

    “( )  

A person is a “relevant failed asylum seeker” for the purposes of sub-paragraph

 

(1)(b) if the person is a failed asylum seeker within the meaning of Part 6 of

 

the Immigration and Asylum Act 1999 and—

 

(a)    

the person is receiving support under section 95A of that Act,

 

(b)    

the person has made an application for such support which has not

 

been refused, or

 

(c)    

there are reasonable grounds for believing such support would be

 

provided to the person if an application by the person for such support

 

were made.”

 

Member’s explanatory statement

 

See the explanatory statement for amendment 13.

 

Secretary Theresa May

 

15

 

Parliamentary Star    

Schedule  9,  page  124,  line  31,  after “82(1),” insert—

 

“( )    

the appeal is not one that, by virtue of section 92(6),

 

must be continued from outside the United Kingdom,”

 

Member’s explanatory statement

 

This amendment excludes appeals which must be pursued from outside the UK under section 92(6)

 

of the 2002 Act from the reference in paragraph 10B(3)(c) to an appeal pending within the

 

meaning of section 104 of that Act.

 

Secretary Theresa May

 

16

 

Parliamentary Star    

Schedule  9,  page  124,  line  36,  at end insert—

 

    “( )  

Regulations under this paragraph may specify—

 

(a)    

factors which a person specified by virtue of paragraph (b) of sub-

 

paragraph (4) may or must take into account in making a

 

determination under that paragraph;

 

(b)    

factors which such a person must not take into account in making such

 

a determination.”

 

Member’s explanatory statement

 

This amendment provides that the regulations made under paragraph 10B of Schedule 3 to the

 

2002 Act may specify factors which a local authority or another person may or must, or must not,

 

take into account in determining whether support needs to be provided under sub-paragraph

 

10B(4).

 

Secretary Theresa May

 

17

 

Parliamentary Star    

Schedule  9,  page  125,  line  19,  at end insert—

 

“    (1)  

Paragraph 15 (power to amend Schedule 3) is amended as follows.

 

      (2)  

After paragraph (a) insert—

 

“(aa)    

to modify any of the classes of person to whom paragraph

 

1 applies;”.

 

      (3)  

In paragraph (c) after “remove” insert “, or modify the application of,”.

 

      (4)  

After paragraph (c) insert—

 

“(d)    

to enable regulations to be made providing for

 

arrangements to be made for support to be provided to a

 

class of person to whom paragraph 1 applies;

 

(e)    

to apply paragraph 1A in relation to Wales;


 
 

Notices of Amendments: 25 November 2015                  

13

 

Immigration Bill, continued

 
 

(f)    

to make provision which has a similar effect to paragraph

 

1A and which applies in relation to Scotland or Northern

 

Ireland.”

 

            

In paragraph 16(2)(d) (power for regulations or order under Schedule to make

 

consequential provision) after “amending” insert “, repealing or revoking”.”

 

Member’s explanatory statement

 

This amendment amends paragraphs 15 and 16 of Schedule 3 to the 2002 Act so that regulations

 

made under them may apply, or make equivalent provision for, the changes made to that Schedule

 

by Schedule 9 in Wales, Scotland and Northern Ireland.

 

 

Order of the House [13 October 2015]

 

That the following provisions shall apply to the Immigration Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 17 November 2015.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on Consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 


 
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