Session 2015-16
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Other Bills before Parliament


 
 

Consideration of Bill (Report Stage): 1 December 2015      

8

 

Immigration Bill, continued

 
 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

55

 

Clause  16,  page  17,  line  10,   leave out “, Scotland”

 

Member’s explanatory statement

 

See explanatory statement for amendment 54.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

56

 

Clause  16,  page  17,   leave out line 17

 

Member’s explanatory statement

 

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

 

relation to the right to rent scheme.

 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

57

 

Clause  16,  page  17,  line  27,  leave out paragraph (c)

 

Member’s explanatory statement

 

Definitional change for the purposes of amendments 55 and 56.

 


 

Angus Robertson

 

Stuart C. McDonald

 

Anne McLaughlin

 

Gavin Newlands

 

41

 

Clause  57,  page  50,  line  4,  at end insert—

 

“(7)    

Regulations made under—

 

(a)    

section 10;

 

(b)    

section 11; or

 

(c)    

section 16

 

    

of this Act shall not come into force in Scotland without the consent of the

 

Scottish Parliament.”

 

Member’s explanatory statement

 

Ensures regulations made under the relevant sections cannot extend to Scotland without the

 

consent of the Scottish Parliament.

 



 
 

Consideration of Bill (Report Stage): 1 December 2015      

9

 

Immigration Bill, continued

 
 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

21

 

Clause  58,  page  50,  line  9,  at end insert—

 

“(2A)    

Section 13 shall come into force subject to the conditions set out subsection (2B).

 

(2B)    

The Secretary of State must prepare and publish an evaluation of the national

 

implementation of provisions contained in sections 20 to 37 and Schedule 3 to the

 

Immigration Act 2014, and must lay a copy of the report before Parliament.

 

(2C)    

The report in subsection (2B) must include an assessment of the impact of those

 

provisions on—

 

(a)    

individuals who have a protected characteristic as defined in Part 2,

 

Chapter 1 of the Equality Act 2010, and

 

(b)    

British citizens who do not hold a passport or UK driving licence.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to lay before Parliament an evaluation of the

 

national roll out of the 2014 Right to Rent Scheme before the new offences in clause 13 come into

 

force.

 


 

Richard Fuller

 

Mr David Burrowes

 

NC8

 

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


 
 

Consideration of Bill (Report Stage): 1 December 2015      

10

 

Immigration Bill, continued

 
 

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.

 


 

Richard Fuller

 

Mr David Burrowes

 

Mr David Davis

 

NC9

 

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.

 


 

Mr David Burrowes

 

Richard Fuller

 

Paul Blomfield

 

Andy Burnham

 

Keir Starmer

 

Sarah Champion

 

Stuart C McDonald

 

Mrs Emma Lewell-Buck

 

Margaret Ferrier

 

Jess Phillips

 

Mr Andrew Smith

 

Chris Stephens

 

Paula Sheriff

 

Louise Haigh

 

Kate Osamor

 

Dr Rupa Huq

 

Kate Hollern

 

Sue Hayman

 

Mr Alistair Carmichael

 

Caroline Spelman

 

Nicola Blackwood

 

Derek Thomas

 

Jeremy Lefroy

 

NC13

 

To move the following Clause—

 

         

“Review of Immigration Detention

 

(1)    

Before the end of the period of three months beginning on the day on which

 

subsection (1) of section 32 comes into force, the Secretary of State must

 

commission a report on detention under paragraph 16 of Schedule 2 to the

 

Immigration Act 1971 that addresses the following matters—

 

(a)    

the process for, and detail of, introducing a statutory maximum limit of

 

28 days on the length of time an individual can be detained under that

 

paragraph;

 

(b)    

how to reduce the number of people detained under that paragraph;


 
 

Consideration of Bill (Report Stage): 1 December 2015      

11

 

Immigration Bill, continued

 
 

(c)    

how to minimise the length of time an individual is detained under that

 

paragraph;

 

(d)    

the effectiveness of detention in meeting the Secretary of State’s

 

objectives; and

 

(e)    

the effectiveness of procedures to review decisions to detain and to

 

continue to detain.

 

(2)    

The Report must be published by a panel appointed by the Secretary of State.

 

(3)    

The panel appointed under subsection (2) must be independently chaired.

 

(4)    

On completion of the report, the Chair of the panel must send it to the Secretary

 

of State.

 

(5)    

The Secretary of State must lay before parliament a copy of the report received

 

under subsection (4).”

 

Member’s explanatory statement

 

Reflecting the unanimous agreement of the House of Commons to the recommendations of the joint

 

APPG on Refugees and APPG on Migration inquiry into immigration detention, the new clause

 

requires the Secretary of State to appoint an independently-chaired panel to consider the issues

 

raised therein and report to Parliament within three months of Schedule 7 to the Bill coming into

 

force.

 

 


 

Andy Burnham

 

Keir Starmer

 

Paul Blomfield

 

Sarah Champion

 

Kate Hollern

 

Mrs Emma Lewell-Buck

 

Sue Hayman

 

Mr David Burrowes

 

Richard Fuller

 

Stuart C McDonald

 

Margaret Ferrier

 

Jess Phillips

 

Mr Andrew Smith

 

Chris Stephens

 

Paula Sheriff

 

Louise Haigh

 

Kate Osamor

 

Dr Rupa Huq

 

Mr Alistair Carmichael

 

Caroline Lucas

 

Angus Robertson

 

Anne McLaughlin

 

Gavin Newlands

 

32

 

Schedule  7,  page  97,  line  22,  at end insert—

 

“(2A)    

The Secretary of State must grant a person bail if a person is detained under a

 

provision mentioned in sub-paragraph (1) after no later than the 28 day following

 

that on which the person was detained.”

 

Member’s explanatory statement

 

To introduce a 28 day time limit on the amount of time a person can be kept in immigration

 

detention.

 



 
 

Consideration of Bill (Report Stage): 1 December 2015      

12

 

Immigration Bill, continued

 
 

New Clauses, new Schedules, amendments to Clauses and amendments to

 

Schedules relating to asylum or support for certain categories of

 

migrant; remaining proceedings on Consideration

 

Secretary Theresa May

 

NC3

 

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—

 

(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


 
 

Consideration of Bill (Report Stage): 1 December 2015      

13

 

Immigration Bill, continued

 
 

(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

 

categories of unaccompanied migrant children, including unaccompanied asylum seeking

 

children, from one local authority to another.

 


 

Secretary Theresa May

 

NC4

 

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


 
 

Consideration of Bill (Report Stage): 1 December 2015      

14

 

Immigration Bill, continued

 
 

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

 

children from one local authority to another.

 


 

Secretary Theresa May

 

NC5

 

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.

 

(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

 

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.


 
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