Session 2015-16
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1

 

House of Commons

 
 

Tuesday 17 November 2015

 

Public Bill Committee Proceedings

 

Immigration Bill


 

[Fifteenth Sitting]


 

James Brokenshire

 

Agreed to on division  NC17

 

To move the following Clause—

 

         

“Availability of local authority support

 

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

 


 

Keir Starmer

 

Sarah Champion

 

Paul Blomfield

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

Withdrawn  NC4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.”

 



 
 

Public Bill Committee Proceedings: 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

 

Not called  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);

 

(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.


 
 

Public Bill Committee Proceedings: 17 November 2015        

3

 

Immigration Bill, continued

 
 

(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.”

 


 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Withdrawn  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)

 

(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.””

 


 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Anne McLaughlin

 

Gavin Newlands

 

Withdrawn  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.

 



 
 

Public Bill Committee Proceedings: 17 November 2015        

4

 

Immigration Bill, continued

 
 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Anne McLaughlin

 

Gavin Newlands

 

Withdrawn  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)”.

 

(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).”

 


 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Anne McLaughlin

 

Gavin Newlands

 

Not called  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””

 



 
 

Public Bill Committee Proceedings: 17 November 2015        

5

 

Immigration Bill, continued

 
 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Anne McLaughlin

 

Gavin Newlands

 

Not called  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.””

 


 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Withdrawn  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 Proceedings: 17 November 2015        

6

 

Immigration Bill, continued

 
 

Sarah Champion

 

Keir Starmer

 

Paul Blomfield

 

Sue Hayman

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Not called  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.””

 


 

Mr David Burrowes

 

Not selected  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”.

 

 


 

New Schedules

 

James Brokenshire

 

Agreed to  NS1

 

To move the following Schedule—

 

 

“Private hire vehicles etc

 

Metropolitan Public Carriage Act 1869 (c. 115)

 

1          

The Metropolitan Public Carriage Act 1869 is amended as follows.

 

2          

In section 8(7) (driver’s licence to be in force for three years unless suspended

 

or revoked) for “A” substitute “Subject to section 8A, a”.


 
 

Public Bill Committee Proceedings: 17 November 2015        

7

 

Immigration Bill, continued

 
 

3          

After section 8 insert—

 

“8A    

Drivers’ licences for persons subject to immigration control

 

(1)    

Subsection (2) applies if—

 

(a)    

a licence under section 8 is to be granted to a person who has

 

been granted leave to enter or remain in the United Kingdom

 

for a limited period (“the leave period”),

 

(b)    

the person’s leave has not been extended by virtue of section

 

3C of the Immigration Act 1971 (continuation of leave

 

pending variation decision), and

 

(c)    

apart from subsection (2), the period for which the licence

 

would have been in force would have ended after the end of

 

the leave period.

 

(2)    

Transport for London must grant the licence for a period which ends

 

at or before the end of the leave period.

 

(3)    

Subsection (4) applies if—

 

(a)    

a licence under section 8 is to be granted to a person who has

 

been granted leave to enter or remain in the United Kingdom

 

for a limited period, and

 

(b)    

the person’s leave has been extended by virtue of section 3C

 

of the Immigration Act 1971 (continuation of leave pending

 

variation decision).

 

(4)    

Transport for London must grant the licence for a period that does not

 

exceed six months.

 

(5)    

A licence under section 8 ceases to be in force if the person to whom

 

it was granted becomes disqualified by reason of the person’s

 

immigration status from driving a hackney carriage.

 

(6)    

If subsection (5) applies to a licence, the person to whom it was

 

granted must, within the period of 7 days beginning with the day after

 

the day on which the person first became disqualified, return to

 

Transport for London—

 

(a)    

the licence,

 

(b)    

the person’s copy of the licence (if any), and

 

(c)    

the person’s driver’s badge.

 

(7)    

A person who, without reasonable excuse, contravenes subsection (6)

 

is guilty of an offence and liable on summary conviction—

 

(a)    

to a fine not exceeding level 3 on the standard scale, and

 

(b)    

in the case of a continuing offence, to a fine not exceeding ten

 

pounds for each day during which an offence continues after

 

conviction.

 

(8)    

For the purposes of this section a person is disqualified by reason of

 

the person’s immigration status from driving a hackney carriage if the

 

person is subject to immigration control and —

 

(a)    

the person has not been granted leave to enter or remain in the

 

United Kingdom, or

 

(b)    

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

 

(i)    

is invalid,


 
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