Session 2015-16
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1

 

House of Commons

 
 

Monday 25 April 2016

 

Consideration of Lords Amendments

 

New Amendments handed in are marked thus Parliamentary Star

 

Immigration Bill [Lords]


 

On Consideration of Lords Amendments to the Immigration Bill [Lords]

 


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The Lords Amendments have been arranged in

 

accordance with the Immigration Bill [Lords] Programme (No. 3).

 


 

Lords Amendment No. 87

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

 



 
 

Consideration of Lords Amendments: 25 April 2016          

2

 

Immigration Bill-[Lords], continued

 
 

Lords Amendment No. 60

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 

Lords Amendment No. 84

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Theresa May

 

To move the following Amendment to the Bill in lieu of the Lords Amendment No. 84:—

 

(a)

 

Page  108,  line  7,  at end insert—

 

“Duty to arrange consideration of bail

 

      (1)  

Subject as follows, the Secretary of State must arrange a reference to the First-

 

tier Tribunal for the Tribunal to decide whether to grant bail to a person if—

 

(a)    

the person is being detained under a provision mentioned in paragraph

 

1(1)(a) or (c), and

 

(b)    

the period of six months beginning with the relevant date has elapsed.

 

      (2)  

In sub-paragraph (1)(b) “the relevant date” means—

 

(a)    

the date on which the person’s detention began, or

 

(b)    

if a relevant event has occurred in relation to the person since that date,

 

the last date on which such an event has occurred in relation to the

 

person.

 

      (3)  

The following are relevant events in relation to a person for the purposes of

 

sub-paragraph (2)(b)—

 

(a)    

consideration by the First-tier Tribunal of whether to grant

 

immigration bail to the person;

 

(b)    

withdrawal by the person of an application for immigration bail

 

treated as made by the person as the result of a reference under this

 

paragraph;

 

(c)    

withdrawal by the person of a notice given under sub-paragraph (6)(b).

 

      (4)  

The reference in sub-paragraph (3)(a) to consideration of whether to grant

 

immigration bail to a person—

 

(a)    

includes such consideration regardless of whether there is a hearing or

 

the First-tier Tribunal makes a determination in the case in question;

 

(b)    

includes the dismissal of an application by virtue of provision made

 

under paragraph 9(2).


 
 

Consideration of Lords Amendments: 25 April 2016          

3

 

Immigration Bill-[Lords], continued

 
 

      (5)  

The reference in sub-paragraph (3)(a) to consideration of whether to grant

 

immigration bail to a person does not include such consideration in a case

 

where—

 

(a)    

the person has made an application for bail, other than one treated as

 

made by the person as the result of a reference under this paragraph,

 

and

 

(b)    

the First-tier Tribunal is prevented from granting bail to the person by

 

paragraph 3(4) (requirement for Secretary of State’s consent to bail).

 

      (6)  

The duty in sub-paragraph (1) to arrange a reference does not apply if—

 

(a)    

section 3(2) of the Special Immigration Appeals Commission Act

 

1997 (persons detained in interests of national security etc) applies to

 

the person, or

 

(b)    

the person has given to the Secretary of State, and has not withdrawn,

 

written notice that the person does not wish the person’s case to be

 

referred to the First-tier Tribunal under this paragraph.

 

      (7)  

A reference to the First-tier Tribunal under this paragraph in relation to a

 

person is to be treated for all purposes as an application by that person for the

 

grant of bail under paragraph 1(3).”

 

 


 

Lords Amendment No. 85

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

Secretary Theresa May

 

To move the following Amendments to the Bill in lieu of the Lords Amendment No. 85:—

 

(a)

 

Page  38,  line  7,  at end insert the following new Clause—

 

“      

Guidance on detention of vulnerable persons

 

(1)    

The Secretary of State must issue guidance specifying matters to be taken into

 

account by a person to whom the guidance is addressed in determining—

 

(a)    

whether a person (“P”) would be particularly vulnerable to harm if P

 

were to be detained or to remain in detention, and

 

(b)    

if P is identified as being particularly vulnerable to harm in those

 

circumstances, whether P should be detained or remain in detention.

 

(2)    

In subsection (1)“detained” means detained under—

 

(a)    

the Immigration Act 1971,

 

(b)    

section 62 of the Nationality, Immigration and Asylum Act 2002, or

 

(c)    

section 36 of the UK Borders Act 2007,

 

    

and “detention” is to be construed accordingly.

 

(3)    

A person to whom guidance under this section is addressed must take the

 

guidance into account.

 

(4)    

Before issuing guidance under this section the Secretary of State must lay a draft

 

of the guidance before Parliament.


 
 

Consideration of Lords Amendments: 25 April 2016          

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Immigration Bill-[Lords], continued

 
 

(5)    

Guidance under this section comes into force in accordance with regulations

 

made by the Secretary of State.

 

(6)    

The Secretary of State may from time to time review guidance under this section

 

and may revise and re-issue it.

 

(7)    

References in this section to guidance under this section include revised

 

guidance.”

 

(b)

 

Page  38,  line  7,  at end insert the following new Clause—

 

“      

Limitation on detention of pregnant women

 

(1)    

This section applies to a woman if the Secretary of State is satisfied that the

 

woman is pregnant.

 

(2)    

A woman to whom this section applies may not be detained under a relevant

 

detention power for a period of—

 

(a)    

more than 72 hours from the relevant time, or

 

(b)    

more than seven days from the relevant time, in a case where the longer

 

period of detention is authorised personally by a Minister of the Crown

 

(within the meaning of the Ministers of the Crown Act 1975).

 

(3)    

In subsection (2) “the relevant time” means the later of—

 

(a)    

the time at which the Secretary of State is first satisfied that the woman

 

is pregnant, and

 

(b)    

the time at which the detention begins.

 

(4)    

A woman to whom this section applies who has been released following detention

 

under a relevant detention power may be detained again under such a power in

 

accordance with this section.

 

(5)    

This section does not apply to the detention under paragraph 16(2) of Schedule 2

 

to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B

 

of that Schedule applies.

 

(6)    

In this section—

 

“relevant detention power” means a power to detain under—

 

(a)    

paragraph 16(2) of Schedule 2 to the Immigration Act 1971

 

(detention of persons liable to examination or removal),

 

(b)    

paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention

 

pending deportation),

 

(c)    

section 62 of the Nationality, Immigration and Asylum Act 2002

 

(detention of persons liable to examination or removal), or

 

(d)    

section 36(1) of the UK Borders Act 2007 (detention pending

 

deportation);

 

“woman” means a female of any age.

 

(7)    

The Immigration Act 1971 is amended in accordance with subsections (8) and

 

(9).

 

(8)    

In paragraph 16 of Schedule 2 (detention of persons liable to examination or

 

removal) after sub-paragraph (2A) insert—

 

  “(2B)  

The detention under sub-paragraph (2) of a person to whom section

 

(Limitation on detention of pregnant women) (limitation on detention

 

of pregnant women) of the Immigration Act 2016 applies is subject to

 

that section.”

 

(9)    

In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-

 

paragraph (4) insert—

 

“(4ZA)  

The detention under sub-paragraph (1), (2) or (3) of a person to whom

 

section (Limitation on detention of pregnant women) (limitation on


 
 

Consideration of Lords Amendments: 25 April 2016          

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Immigration Bill-[Lords], continued

 
 

detention of pregnant women) of the Immigration Act 2016 applies is

 

subject to that section.”

 

(10)    

In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by

 

Secretary of State) after subsection (7) insert—

 

“(7A)    

The detention under this section of a person to whom section (Limitation

 

on detention of pregnant women) (limitation on detention of pregnant

 

women) of the Immigration Act 2016 applies is subject to that section.”

 

(11)    

In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert—

 

“(2A)    

The detention under subsection (1) of a person to whom section

 

(Limitation on detention of pregnant women) (limitation on detention of

 

pregnant women) of the Immigration Act 2016 applies is subject to that

 

section.””

 

 


 

Lords Amendment No. 57

 

As an Amendment to the Lords Amendment:—

 

Stuart C. McDonald

 

(a)

 

Leave out subsection (b)

 

 

Member’s explanatory statement

 

This amendment limits the power proposed for the Secretary of State to make regulations relating

 

to illegal working and licensing extend to Scotland, so that any such regulations cannot amend,

 

repeal or revoke Acts of the Scottish Parliament, or instruments made under them.

 

 


 

Lords Amendment No. 59

 

Secretary Theresa May

 

To move, That this House disagrees with the Lords in their Amendment.

 

 


 
 

Consideration of Lords Amendments: 25 April 2016          

6

 

Immigration Bill-[Lords], continued

 
 

Immigration BILL [Lords] (Programme) (No. 3)

 

Secretary Theresa May

 

That the following provisions shall apply to the Immigration Bill for the purpose of

 

supplementing the Orders of 13 October 2015 (Immigration Bill (Programme)) and 1

 

December 2015 (Immigration Bill (Programme) (No. 2)):

 

Consideration of Lords Amendments

 

1.    

Proceedings on consideration of Lords Amendments shall (so far as not

 

previously concluded) be brought to a conclusion three hours after their

 

commencement at today’s sitting.

 

2.    

The Lords Amendments shall be considered in the following order: Nos. 87

 

to 101, 60, 84 to 86, 183 to 215, 1 to 59, 61 to 83, 102 to 182 and 216 to 254.

 

Subsequent stages

 

3.    

Any further message from the Lords may be considered forthwith without

 

any Question being put.

 

4.    

The proceedings on any further Message from the Lords shall (so far as not

 

previously concluded) be brought to a conclusion one hour after their

 

commencement.

 


 

 

Revised 22 April 2016