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House of Commons

Notices of Amendments

given up to and including

Thursday 5 May 2016

New Amendments handed in are marked thus

Amendments tabled since the last publication: LR 84B (a), LA 85C (a) to (f)

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

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

Notices of Amendments: 5 May 2016                      

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Immigration Bill, continued

(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).

      (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).”

Notices of Amendments: 5 May 2016                      

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Immigration Bill, continued

Lords Amendment No. 85C

Secretary Theresa May

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

Amendment No. 85, but proposes the following amendments to Lords Amendment No.

85C:—

(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.”

(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

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