Session 2015-16
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LORDS AMENDMENTS TO THE

IMMIGRATION BILL

[The page and line references are to HL Bill 79, the bill as first printed for the Lords]

Clause 1

1

Page 1, line 14, after “allowances” insert “, and

 

(b)    

pay or make provision for the payment of such pension to or in

 

respect of the Director,”

Clause 2

2

Page 2, line 17, leave out “whose officers” and insert “whom, or by whose officers,”

 

3

Page 2, line 19, at end insert—

 

“(iii)    

the information, or descriptions of information, that should

 

be provided to the Director for the purposes of his or her

 

functions by any person by whom, or by whose officers,

 

labour market enforcement functions are exercisable, and

 

(iv)    

the form and manner in which, and frequency with which,

 

that information should be provided,”

 

4

Page 2, line 24, leave out “subsection (2)(b)” and insert “paragraph (b) of subsection

 

(2)”

 

5

Page 2, line 25, leave out “concerned” and insert “mentioned in sub-paragraphs (i)

 

and (ii) of that paragraph”

 

6

Page 2, line 35, leave out subsection (7)

Clause 3

 


 
 

2

7

Page 2, line 40, leave out paragraph (a)

 

8

Page 2, line 41, at end insert—

 

“( )    

failure to comply with the requirement under section 1 of the

 

National Minimum Wage Act 1998 (workers to be paid at least

 

national minimum wage);

 

( )    

failure to pay any financial penalty required to be paid by a notice

 

of underpayment served under section 19 of that Act (see section

 

19A of that Act);

 

( )    

breach of a condition of a licence granted under section 7 of the

 

Gangmasters (Licensing) Act 2004;

 

( )    

failure to comply with any other requirement imposed by or under

 

any enactment and which is prescribed by regulations made by the

 

Secretary of State.”

 

9

Page 2, line 45, leave out from “officer” to end of line 46 and insert “acting for the

 

purposes of that Act (see section 8A of that Act),”

 

10

Page 3, line 2, leave out from “1998 (” to second “of” in line 3 and insert “see section

 

13”

 

11

Page 3, line 3, at end insert—

 

“( )    

any function of the Gangmasters and Labour Abuse Authority

 

conferred by section 1(2)(a) to (c) of the Gangmasters (Licensing)

 

Act 2004,”

 

12

Page 3, line 4, leave out from “officer” to “of” in line 6 and insert “or a compliance

 

officer acting for the purposes of that Act (see section 15”

 

13

Page 3, line 6, after “Act),” insert—

 

“( )    

any function of the Gangmasters and Labour Abuse Authority

 

under Part 2 of the Modern Slavery Act 2015 (slavery and

 

trafficking prevention orders etc),

 

( )    

any function of an officer of that Authority acting for the purposes

 

of Part 1 or 2 of that Act (see sections 11A and 30A of that Act),

 

( )    

any function of an enforcing authority under this Chapter,

 

( )    

any function an officer has by virtue of section (Investigative

 

functions)),”

 

14

Page 3, line 9, leave out subsection (3)

 

15

Page 3, line 16, at end insert “other than one under section 9(4)(b) of that Act”

 

 
 

 


 
 

3

16

Page 3, line 24, at end insert—

 

“( )    

an offence under section 30(1) or (2) of that Act which is committed

 

in relation to—

 

(i)    

an order which was made on the application of the

 

Gangmasters and Labour Abuse Authority, or

 

(ii)    

an order which was made under section 14 of that Act and

 

which falls within subsection (4A) below;

 

( )    

an offence under section (Offence);”

 

17

Page 3, line 26, at end insert—

 

“(fa)    

an offence of attempting or conspiring to commit an offence

 

mentioned in paragraphs (a) to (f);

 

(fb)    

an offence under Part 2 of the Serious Crime Act 2007 in relation to

 

an offence so mentioned;

 

(fc)    

an offence of inciting a person to commit an offence so mentioned;

 

(fd)    

an offence of aiding, abetting, counselling or procuring the

 

commission of an offence so mentioned.”

 

18

Page 3, line 26, at end insert—

 

“(4A)    

An order made under section 14 of the Modern Slavery Act 2015 falls

 

within this subsection if—

 

(a)    

the order was made following—

 

(i)    

the conviction of the defendant of an offence mentioned in

 

subsection (4)(d), (e) or (fa) to (fd), or

 

(ii)    

a finding of a kind mentioned in section 14(1)(b) or (c) of that

 

Act in connection with any such offence, and

 

(b)    

the prosecution resulted from an investigation conducted by a

 

labour abuse prevention officer (within the meaning of section 114B

 

of the Police and Criminal Evidence Act 1984).”

 

19

Page 3, line 27, leave out subsection (5)

After Clause 5

20

Insert the following new Clause—

 

“Information gateways

 

(1)    

A person may disclose information to the Director or a relevant staff

 

member if the disclosure is made for the purposes of the exercise of any

 

function of the Director.

 

(2)    

Information obtained by the Director or a relevant staff member in

 

connection with the exercise of any function of the Director may be used by

 

the Director or a relevant staff member in connection with the exercise of

 

any other function of the Director.

 
 

 


 
 

4

 
 

(3)    

The Director or a relevant staff member may disclose information obtained

 

in connection with the exercise of any function of the Director to a specified

 

person if the disclosure is made for the purposes of the exercise of any

 

function of the specified person.

 

(4)    

“Specified person” means a person specified in Schedule (Persons to whom

 

Director etc may disclose information) (persons to whom Director etc may

 

disclose information).

 

(5)    

The Secretary of State may by regulations amend Schedule (Persons to whom

 

Director etc may disclose information).

 

(6)    

In this section, “relevant staff member” means a member of staff provided

 

to the Director under section 1(4).”

 

21

Insert the following new Clause—

 

“Information gateways: supplementary

 

(1)    

A disclosure of information which is authorised by section (Information

 

gateways) does not breach—

 

(a)    

an obligation of confidence owed by the person making the

 

disclosure, or

 

(b)    

any other restriction on the disclosure of information (however

 

imposed).

 

(2)    

But nothing in section (Information gateways) authorises the making of a

 

disclosure which—

 

(a)    

contravenes the Data Protection Act 1998, or

 

(b)    

is prohibited by Part 1 of the Regulation of Investigatory Powers

 

Act 2000.

 

(3)    

Section (Information gateways) does not limit the circumstances in which

 

information may be disclosed apart from that section.

 

(4)    

Section (Information gateways)(1) does not authorise a person serving in an

 

intelligence service to disclose information to the Director or a relevant

 

staff member.

 

    

But this does not affect the disclosures which such a person may make in

 

accordance with intelligence service disclosure arrangements.

 

(5)    

Intelligence service information may not be disclosed by the Director or a

 

relevant staff member without authorisation from the appropriate service

 

chief.

 

(6)    

If the Director or a relevant staff member has disclosed intelligence service

 

information to a person, that person may not further disclose that

 

information without authorisation from the appropriate service chief.

 

(7)    

HMRC information may not be disclosed by the Director or a relevant staff

 

member without authorisation from HMRC Commissioners.

 

(8)    

If the Director or a relevant staff member has disclosed HMRC information

 

to a person, that person may not further disclose that information without

 

authorisation from HMRC Commissioners.

 

(9)    

Subsections (7) and (8) do not apply to national minimum wage

 

information.

 
 

 


 
 

5

 
 

(10)    

If a person contravenes subsection (7) or (8) by disclosing revenue and

 

customs information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

 

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005

 

(wrongful disclosure) applies in relation to that disclosure as it applies in

 

relation to a disclosure of such information in contravention of section 20(9)

 

of that Act.

 

(11)    

In this section—

 

“appropriate service chief” means—

 

(a)    

the Director-General of the Security Service (in the case of

 

information obtained by the Director or a relevant staff

 

member from that Service or a person acting on its behalf);

 

(b)    

the Chief of the Secret Intelligence Service (in the case of

 

information so obtained from that Service or a person acting

 

on its behalf);

 

(c)    

the Director of GCHQ (in the case of information so

 

obtained from GCHQ or a person acting on its behalf);

 

“GCHQ” has the same meaning as in the Intelligence Services Act

 

1994;

 

“HMRC information” means information disclosed to the Director or

 

a relevant staff member under section (Information gateways) by

 

HMRC Commissioners or a person acting on behalf of HMRC

 

Commissioners;

 

“intelligence service” means—

 

(a)    

the Security Service;

 

(b)    

the Secret Intelligence Service;

 

(c)    

GCHQ;

 

“intelligence service disclosure arrangements” means—

 

(a)    

arrangements made by the Director-General of the Security

 

Service under section 2(2)(a) of the Security Service Act 1989

 

about the disclosure of information by that Service,

 

(b)    

arrangements made by the Chief of the Intelligence Service

 

under section 2(2)(a) of the Intelligence Services Act 1994

 

about the disclosure of information by that Service, and

 

(c)    

arrangements made by the Director of GCHQ under section

 

4(2)(a) of that Act about the disclosure of information by

 

GCHQ;

 

“intelligence service information” means information obtained from

 

an intelligence service or a person acting on behalf of an intelligence

 

service;

 

“national minimum wage information” means information obtained

 

by an officer in the course of acting—

 

(a)    

for the purposes of the National Minimum Wage Act 1998

 

(see section 13 of that Act), or

 

(b)    

by virtue of section (Investigative functions)(2);

 

“relevant staff member” has the same meaning as in section

 

(Information gateways);

 

“revenue and customs information relating to a person” has the

 

meaning given in section 19(2) of the Commissioners for Revenue

 

and Customs Act 2005.”

 
 

 


 
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Revised 12 April 2016