Session 2015-16
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659

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Monday 9 May 2016

 

Proceedings

 

on Consideration of Lords Message

 

Immigration Bill


 

On Consideration of the Lords Reason for insisting on an Amendment and disagreeing to an

 

Amendment made by this House in lieu, proposing an Amendment in lieu of an Amendment made

 

by this House in lieu of a Lords Amendment disagreed to by this House and proposing an

 

Amendment in lieu of a Lords Amendment disagreed to by this House

 

Lords Reason No. 84B

 

Secretary Theresa May

Agreed to

 

To move, That this House insists on its disagreement to Lords Amendment No. 84, does

 

not insist on its Amendment No. 84A in lieu, but proposes the following Amendment in

 

lieu of the Lords Amendment:—

 

(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 four 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;


 
 

Proceedings on Consideration of Lords Message: 9 May 2016    

660

 

Immigration Bill, continued

 
 

(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).

 

      (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. 85C

 

Secretary Theresa May

Agreed to on division

 

To move, That this House does not insist on its Amendment No. 85B in lieu of Lords

 

Amendment No. 85 and agrees to Lords Amendment No. 85C with the following

 

amendments:—

 

(a)

 

Line  3,  leave out subsection (1)

 

(b)

 

Line  7,  at end insert—

 

“( )    

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

 

detention power unless the Secretary of State is satisfied that—

 

(a)    

the woman will shortly be removed from the United Kingdom, or

 

(b)    

there are exceptional circumstances which justify the detention.

 

( )    

In determining whether to authorise the detention under a relevant detention

 

power of a woman to whom this section applies, a person who, apart from this

 

section, has power to authorise the detention must have regard to the woman’s

 

welfare.”


 
 

Proceedings on Consideration of Lords Message: 9 May 2016    

661

 

Immigration Bill, continued

 
 

(c)

 

Line  15,  leave out “earlier” and insert “later”

 

(d)

 

Line  22,  leave out subsection (6)

 

(e)

 

Line  65,  leave out subsection (13)

 

(f)

 

Line  96,  leave out subsection (15)

 

 


 

Lords Amendment No. 87B

 

Secretary Theresa May

Agreed to

 

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

 

As Amendments to Secretary Theresa May’s proposed Motion (Lords Amendment No.

 

87B):—

 

Mr David Burrowes

 

Heidi Allen

 

Not called  (a)

 

Parliamentary Star    

At end add “with the following amendment:—

 

 

Line  4,  leave out “refugee” and insert “asylum-seeking.””

 

 

Mr David Burrowes

 

Not called  (b)

 

Parliamentary Star    

At end add “with the following amendment:—

 

 

Line  4,  after “refugee”, insert “or migrant.””

 

 


 

 

Revised 10 May 2016