Session 2015-16
Internet Publications
Other Bills before Parliament


 
 

8

 
 

(12)    

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.”

 

(13)    

After section 78A of the Nationality, Immigration and Asylum Act 2002

 

insert—

 

“78B  

Restriction on removal of pregnant women etc

 

(1)    

This section applies in a case where a woman who is pregnant is to

 

be removed from or required to leave the United Kingdom other

 

than in cases where a woman has arrived in the United Kingdom

 

but has not yet entered the United Kingdom within the meaning of

 

section 11(1) of the Immigration Act 1971.

 

(2)    

During the period of 28 days beginning with the day on which the

 

relevant appeal rights are exhausted the pregnant woman may not

 

be removed from or required to leave the United Kingdom.

 

(3)    

The relevant appeal rights are exhausted at the time when the

 

pregnant woman could not bring an appeal under section 82

 

(ignoring any possibility of an appeal out of time with permission).

 

(4)    

Nothing in this section prevents any of the following during the

 

period of 28 days mentioned in subsection (2)—

 

(a)    

the giving of a direction for the removal of a person from the

 

United Kingdom,

 

(b)    

the making of a deportation order in respect of a person, or

 

(c)    

the taking of any other interim or preparatory action other

 

than detention under Immigration Act powers.

 

(5)    

In this section references to a person being removed from or

 

required to leave the United Kingdom are to the person being

 

removed or required to leave in accordance with a provision of the

 

Immigration Acts.”

 

(14)    

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.””

 

(15)    

After section 54A of the Borders, Citizenship and Immigration Act 2009

 

insert—

 

“54B  

Cases of pregnant women

 

(1)    

The Secretary of State must consult the Independent Family

 

Returns Panel in each case where—

 

(a)    

a woman who is pregnant is to be removed on how best to

 

safeguard and promote the welfare of the pregnant woman,

 

and

 
 

 
 

9

 
 

(b)    

the Secretary of State proposes to detain a pregnant woman

 

in pre-departure accommodation or in a short-term holding

 

facility about the suitability of doing so, having particular

 

regard to the need to safeguard and promote her welfare.

 

(2)    

The Secretary of State may by regulations make provision about the

 

constitution of the Independent Family Returns Panel in cases

 

involving pregnant women, and such regulations must provide for

 

the panel considering such cases to include persons with expertise

 

in the care of pregnant women and in maternity care.

 

(3)    

Regulations under this section must be made by statutory

 

instrument subject to annulment in pursuance of a resolution of

 

either House of Parliament.

 

(4)    

In this section—

 

(a)    

“pre-departure accommodation” and “short-term holding

 

facility” have the same meaning as in Part 8 of the

 

Immigration and Asylum Act 1999; and

 

(b)    

references to a person “being removed from or required to

 

leave the United Kingdom” are to the person being removed

 

or required to leave in accordance with a provision of the

 

Immigration Acts.””

 

 

LORDS AMENDMENT 87

After Clause 37

87

Insert the following new Clause—

 

         

“Unaccompanied refugee children: relocation and support

 

(1)    

The Secretary of State must, as soon as possible after the passing of this Act,

 

make arrangements to relocate to the United Kingdom and support 3,000

 

unaccompanied refugee children from other countries in Europe.

 

(2)    

The relocation of children under subsection (1) shall be in addition to the

 

resettlement of children under the Vulnerable Persons Relocation Scheme.”

 

COMMONS DISAGREEMENT AND REASON

 

The Commons disagree to Lords Amendment No. 87 for the following reason—

87A

Because it would involve a charge on public funds, and the Commons do not offer any

 

further Reason, trusting that this Reason may be deemed sufficient.

 

LORDS NON-INSISTENCE AND AMENDMENT IN LIEU

 

The Lords do not insist on their Amendment 87, and do propose Amendment 87B in lieu—

 
 

 
 

10

 

After Clause 37

87B

Insert the following new Clause—

 

         

“Unaccompanied refugee children: relocation and support

 

(1)    

The Secretary of State must, as soon as possible after the passing of this Act,

 

make arrangements to relocate to the United Kingdom and support a

 

specified number of unaccompanied refugee children from other countries

 

in Europe.

 

(2)    

The number of children to be resettled under subsection (1) shall be

 

determined by the Government in consultation with local authorities.

 

(3)    

The relocation of children under subsection (1) shall be in addition to the

 

resettlement of children under the Vulnerable Persons Relocation

 

Scheme.””

 
 

 
PreviousBack to Start
 

Revised 27 April 2016