Notices of Amendments: 27 October 2015                  

8

Immigration Bill, continued

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

79

Clause  15,  page  16,  line  9,  leave out “Scotland”

Member’s explanatory statement

This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to

Scotland.

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

80

Clause  15,  page  16,  line  16,  leave out paragraph (4)(b)

Member’s explanatory statement

This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to

Scotland.

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

81

Clause  15,  page  16,  line  26,  leave out paragraph 5(c).

Member’s explanatory statement

This amendment would limit the ‘right to rent’ provisions of this Bill so that they do not apply to

Scotland.

Stuart C. McDonald

Anne McLaughlin

Gavin Newlands

82

Clause  15,  page  16,  line  31,  at end insert—

“(5A)    

The Immigration Act 2014 is amended as follows, after section 76(3) insert—

“(3A)    

Sections 20 to 37 and Schedule 3 shall not apply to Scotland.”

Member’s explanatory statement

This amendment would limit the ‘right to rent’ provisions in the Immigration Act 2014 so that they

do not apply to Scotland.

Notices of Amendments: 27 October 2015                  

9

Immigration Bill, continued

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

90

Page  16,  line  33,  leave out Clauses 16 and 17.

Member’s explanatory statement

To remove from the Bill the provisions on driving licences and thus maintain the status quo.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

75

Clause  17,  page  19,  line  39,  at end insert—

“(1A)    

A person does not commit an offence under subsection (1) if they had a

reasonable belief that they had legal right to remain in the United Kingdom and

acted in good faith.”

Member’s explanatory statement

This amendment would provide a defence for those prosecuted for driving while illegally in the UK

if they can show that they had a reason to believe that they did have legal right to be in the UK.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

76

Clause  17,  page  20,  line  6,  at end insert—

“(3A)    

Nothing in this Section shall prejudice the validity of insurance relating to motor

vehicles.”

Member’s explanatory statement

This amendment would ensure that the introduction of an offence of driving while illegally in the

UK would not interfere with the validity of motor insurance.

James Brokenshire

44

Clause  17,  page  20,  line  33,  leave out “as to whether” and insert “not”

Member’s explanatory statement

This amendment and amendment 45 clarify that a vehicle must be released where a decision is

taken not to institute criminal proceedings for the offence of driving when unlawfully in the United

Kingdom.

Notices of Amendments: 27 October 2015                  

10

Immigration Bill, continued

James Brokenshire

45

Clause  17,  page  20,  line  35,  leave out “have been” and insert “are”

Member’s explanatory statement

See the explanatory statement for amendment 44.

James Brokenshire

46

Clause  17,  page  20,  line  45,  at end insert—

“( )    

A power in subsection (1) or (3) may be exercised by a senior officer or constable

at any place at which the senior officer or constable is lawfully present.”

Member’s explanatory statement

This amendment makes clear that a vehicle can be detained by a senior officer or constable at any

place they are lawfully present.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

74

Clause  17,  page  21,  line  30,  at end insert—

“(10A)    

Before laying regulations to bring Section 24D into force, the Secretary of State

must ensure a pilot of the arrangements takes place.

(10B)    

Following the completion of the pilot mentioned in subsection (10A) the

Secretary of State must prepare a report and lay it before each House of

Parliament.

(10C)    

The pilot mentioned in subsection (1) must take place in a minimum of two police

force areas and last for a minimum of six months.”

Member’s explanatory statement

This amendment would ensure that the Home Secretary conducted a pilot of the proposed powers

to allow police forces to confiscate the cars of suspected illegal immigrants before the measures

were introduced.

James Brokenshire

47

Clause  17,  page  21,  line  32,  at end insert—

“24DA

 Powers to enter premises to detain motor vehicle

(1)    

A senior officer or a constable may enter and search any premises for the purposes

of detaining a vehicle under section 24D.

(2)    

The power in subsection (1) may be exercised—

(a)    

only to the extent that it is reasonably required for that purpose, and

(b)    

only if the senior officer or constable knows that a vehicle which may be

detained under section 24D is to be found on the premises.

(3)    

The power in subsection (1) may be exercised—

(a)    

by a senior officer (“S”) only if S produces identification showing that S

is an immigration officer (whether or not S is asked to do so);

(b)    

by a constable (“C”) only if C produces identification showing that C is

a constable (whether or not C is asked to do so).

(4)    

Subsection (5) applies if, on an application by a senior officer or constable, a

justice of the peace is satisfied that there are reasonable grounds for suspecting

Notices of Amendments: 27 October 2015                  

11

Immigration Bill, continued

that a vehicle which may be detained under section 24D may be found on

premises mentioned in subsection (6).

(5)    

The justice of the peace may issue a warrant authorising any senior officer or

constable to enter, if need be by force, the premises for the purpose of searching

for and detaining the vehicle.

(6)    

The premises referred to in subsection (4) are—

(a)    

one or more sets of premises specified in the application, or

(b)    

subject to subsection (10), any premises occupied or controlled by a

person specified in the application, including such sets of premises as are

so specified (in which case the application is for an “all premises

warrant”).

(7)    

If the application is for an all premises warrant, the justice of the peace must also

be satisfied—

(a)    

that there are reasonable grounds for believing that it is necessary to

search premises occupied or controlled by the person in question which

are not specified in the application in order to find the vehicle, and

(b)    

that it is not reasonably practicable to specify in the application all the

premises which the person occupies or controls and which might need to

be searched.

(8)    

Subject to subsection (10), the warrant may authorise entry to and search of

premises on more than one occasion if, on the application, the justice of the peace

is satisfied that it is necessary to authorise multiple entries in order to achieve the

purpose for which the justice issues the warrant.

(9)    

If it authorises multiple entries, the number of entries authorised may be

unlimited, or limited to a maximum.

(10)    

A justice of the peace in Scotland may not issue—

(a)    

an all premises warrant under this section authorising entry on premises

by a constable, or

(b)    

a warrant under this section authorising multiple entries by a constable.

(11)    

In the application of this section to Scotland, references to a justice of the peace

are to be read as references to the sheriff or a justice of the peace.

(12)    

In this section “senior officer” means an immigration officer not below the rank

of chief immigration officer.”

Member’s explanatory statement

This amendment provides the police and immigration officers with the power to enter premises in

order to detain a relevant vehicle. This ensures that an illegal migrant who commits the offence of

driving when unlawfully present in the United Kingdom cannot frustrate seizure by keeping the

vehicle on private land.

James Brokenshire

48

Clause  17,  page  22,  line  22,  at end insert—

“( )    

In section 16(2A)(b) of the Police and Criminal Evidence Act 1984 (powers of

persons accompanying constables in execution of warrants) after “seizure” insert

“or detention”.

( )    

In Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland)

Order 1989 (SI 1989/1341 (NI 22)) (powers of persons accompanying constables

in execution of warrants) after “seizure” insert “or detention”.

Notices of Amendments: 27 October 2015                  

12

Immigration Bill, continued

( )    

In section 146(2) of the Immigration and Asylum Act 1999 (use of reasonable

force) before paragraph (a) insert—

“(za)    

section 24DA(1) (powers to enter premises to detain motor

vehicle),”.”

Member’s explanatory statement

This amendment ensures that a person accompanying a constable in the execution of a warrant

may detain a vehicle and that a constable may use reasonable force in order to detain a vehicle.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

91

Page  22,  line  24,  leave out Clause 18.

Member’s explanatory statement

To remove from the Bill the restrictions on access to bank accounts and thus maintain the status

quo.

James Brokenshire

22

Schedule  3,  page  70,  line  35,  leave out “or a court of summary jurisdiction”

Member’s explanatory statement

This amendment and amendment 23 change the definition of “relevant appeal court” for appeals

in Northern Ireland. The effect is that an appeal against a decision by a court of summary

jurisdiction in Northern Ireland to make a freezing order is made to a county court instead of the

Crown Court.

James Brokenshire

23

Schedule  3,  page  70,  line  38,  at end insert—

“(c)    

a county court, where the decision appealed against is a

decision of a court of summary jurisdiction.”

Member’s explanatory statement

See the explanatory statement for amendment 22.

Notices of Amendments: 27 October 2015                  

13

Immigration Bill, continued

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

93

Schedule  3,  page  72,  line  8,  at end insert—

“(8A)    

The Secretary of State shall provide any individual she determines to be a

disqualified person with the information resulting from her checks under 40C(1)

that led to this determination.

(8B)    

The Secretary of State shall provide an individual she determines to be a

disqualified person, and any person or body by or for whom the relevant account

is operated, with compensation in accordance with [new clause (*)], where that

determination is found to have been incorrect.”

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

94

Schedule  3,  page  72,  line  8,  at end insert—

“40HA

 Compensation

(1)    

This section applies where—

(a)    

a person is determined by the Secretary of State (following a check under

40C(1)) to be a disqualified person;

(b)    

the Secretary of State provides notification to the bank that the person is

a disqualified person under section 40C(3) or 40D(7);

(c)    

the bank closes an account or prevents an account being operated in

compliance with section 40G; and

(d)    

the determination by the Secretary of State under 40C(1) is found to have

been incorrect.

(2)    

Where subsection (1) applies, the Secretary of State shall pay compensation to—

(a)    

a person incorrectly determined to be a disqualified person;

(b)    

any person or body by or for whom the relevant account is operated.

(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

information resulting from its checks under 40C(1) is provided to the person

incorrectly determined to be the disqualified person.

(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.

Notices of Amendments: 27 October 2015                  

14

Immigration Bill, continued

(6)    

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

sum of £10,000 is paid.”

Member’s explanatory statement

To make provision for statutory compensation from the Secretary of State to compensate the holder

of a bank account where their account is closed or suspended by their bank in reliance on incorrect

information provided by the Secretary of State as to the status of the account holder as a

disqualified person.

Sarah Champion

Keir Starmer

Paul Blomfield

Sue Hayman

Kate Hollern

Mrs Emma Lewell-Buck

Anne McLaughlin

Gavin Newlands

92

Page  67,  line  29,  leave out Schedule 3.

Member’s explanatory statement

To remove from the Bill the restrictions on access to bank accounts and thus maintain the status

quo.

James Brokenshire

24

Schedule  4,  page  73,  line  17,  leave out from “application” to “, or” in line 19

Member’s explanatory statement

This amendment and amendments 25 and 28 to 30 are to clarify that the definition of “specific

premises warrant” in section 28K(13A) of the Immigration Act 1971 inserted by paragraph 5(8)

of Schedule 4 to the Bill applies to any warrant under that Act which is not an all premises warrant.

James Brokenshire

25

Schedule  4,  page  74,  line  14,  leave out from “application” to “, or” in line 16

Member’s explanatory statement

See the explanatory statement for amendment 24.

James Brokenshire

49

Schedule  4,  page  75,  line  40,  after “section” insert “24DA(6)(b),”

Member’s explanatory statement

This amendment and amendments 50 to 53 ensure that the provisions regarding warrants in

sections 28J and 28K of the Immigration Act 1971 as amended by Schedule 4 also apply to a

warrant obtained for entering premises to detain a vehicle.

James Brokenshire

50

Schedule  4,  page  75,  line  43,  after “section” insert “24DA(8),”

Member’s explanatory statement

See the explanatory statement for amendment 49.