Session 2015-16
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Tuesday 1 December 2015

 

Consideration of Bill (Report Stage)

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

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withdrawn amendments at the end.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

 

accordance with the Immigration Bill (Programme (No. 2)) Motion to be proposed

 

by Secretary Theresa May.

 


 

New Clauses, new schedules, amendments to Clauses and amendments to

 

Schedules relating to Part 1 or 2; new Clauses, new Schedules,

 

amendments to Clauses and amendments to Schedules relating to

 

immigration detention

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

NC16

 

To move the following Clause—

 

         

“Compensation for an illegal working closure notice where order is cancelled/

 

no compliance order is made

 

(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;


 
 

Consideration of Bill (Report Stage): 1 December 2015      

2

 

Immigration Bill, continued

 
 

(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.

 

(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.”

 

Member’s explanatory statement

 

Provide a statutory basis for compensation for illegal working closure notices when the order is

 

cancelled.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

NC17

 

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.”

 

Member’s explanatory statement

 

Repeals the provisions of the Immigration Act 2014 in relation to the right to rent.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

3

 

Immigration Bill, continued

 
 

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

18

 

Clause  1,  page  1,  line  9,  at end insert—

 

“(3A)    

The matters to which the Director must have regard in pursuance of his or her

 

functions include the provision of assistance and support to victims of non-

 

compliance in the labour market, as defined under subsection (3)(1).”

 

Member’s explanatory statement

 

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

 

purpose of protecting the victims of labour market exploitation and to make this explicit on the face

 

of the Bill, mirroring section 41 of the Modern Slavery Act in respect of the Anti-Slavery

 

Commissioner established by that Act.

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

19

 

Page  5,  line  2,  leave out Clause 8

 

Member’s explanatory statement

 

To omit the clause on the new illegal working offence and maintain the status quo.

 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

20

 

Clause  8,  page  5,  line  9,  after “if” insert “without reasonable cause”

 

Member’s explanatory statement

 

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

 



 
 

Consideration of Bill (Report Stage): 1 December 2015      

4

 

Immigration Bill, continued

 
 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

33

 

Clause  9,  page  7,  line  11,  leave out subsection (1) and insert—

 

“(1)    

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

 

knowingly employing illegal worker), leave out 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

 

(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 restrict the criminal offence of “employing illegal worker” to where this has been done

 

“knowingly or recklessly”.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

47

 

Clause  10,  page  7,  line  36,  leave out “Scotland or”

 

Member’s explanatory statement

 

Removes the power for the Secretary of State to make regulations relating to illegal working

 

extending to Scotland.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

48

 

Clause  10,  page  7,  leave out line 41

 

Member’s explanatory statement

 

Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in

 

relation to illegal working.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

49

 

Clause  10,  page  8,  line  5,  leave out “an Act of the Scottish Parliament or”

 

Member’s explanatory statement

 

Definitional change for purposes of amendments 47 and 48.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

5

 

Immigration Bill, continued

 
 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

50

 

Clause  10,  page  8,  line  6,  leave out “under such an Act or”

 

Member’s explanatory statement

 

Definitional change for the purposes of amendment 49.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

51

 

Clause  11,  page  8,  line  13,   leave out “Scotland or”

 

Member’s explanatory statement

 

Removes the power for the Secretary of State to make regulations relating to illegal working in

 

relation to private hire vehicles extend to Scotland.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

52

 

Clause  11,  page  8,   leave out line 18

 

Member’s explanatory statement

 

Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in

 

relation to illegal working relating to private hire vehicles.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

53

 

Clause  11,  page  8,  line  25,   leave out paragraph (b)

 

Member’s explanatory statement

 

Definitional change for purposes of amendments 51 and 52.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

35

 

Page  9,  line  4,  leave out Clauses 13 to 16

 

Member’s explanatory statement

 

Removes the extension of the right to rent legislation in the Bill.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

6

 

Immigration Bill, continued

 
 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

46

 

Clause  13,  page  9,  line  31,  at end insert—

 

“(5A)    

A landlord will not commit an offence under subsection (1) if—

 

(a)    

the landlord enters a residential tenancy agreement with an organisation

 

or person who is supporting an adult mentioned in in subsection (2);

 

(b)    

the rental payment received by the landlord as a result of this tenancy

 

does not significantly exceed the costs that are incurred by the landlord

 

for having the adult occupy the premises.”

 

Member’s explanatory statement

 

Ensures that a landlord who has agreed by working with an organisation/charity to provide

 

accommodation to support failed asylum seekers are exempt from committing an offence.

 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

22

 

Clause  13,  page  10,  line  4,  at end insert—

 

“(8A)    

A landlord does not commit an offence under this section during the period of 28

 

days specified in section 33D (4).”

 

Member’s explanatory statement

 

To protect a landlord/landlady from prosecution for renting to a person without a right to rent

 

during the period for which they are prohibited from evicting the tenant under section 33D(4).

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

23

 

Clause  14,  page  12,  line  1,  leave out subsection (2)

 

Member’s explanatory statement

 

To remove the provisions providing for summary eviction.


 
 

Consideration of Bill (Report Stage): 1 December 2015      

7

 

Immigration Bill, continued

 
 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

24

 

Clause  14,  page  13,  line  18,   leave out “Sections 33D and” and substitute “Section”

 

Member’s explanatory statement

 

See explanatory note for amendment 23.

 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

25

 

Clause  14,  page  13,   leave out line 24

 

Member’s explanatory statement

 

See explanatory note for amendment 23.

 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

26

 

Clause  14,  page  13,  line  26,   leave out subsections (5) to (7)

 

Member’s explanatory statement

 

See explanatory note for amendment 23.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

54

 

Clause  16,  page  17,  line  7,   leave out “, Scotland”

 

Member’s explanatory statement

 

Removes the power for the Secretary of State to make regulations in relation to the right to rent

 

scheme extending to Scotland.


 
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