Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 20 February 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Amendments tabled since the last publication: 21

 

Public Bill Committee


 

Immigration and Social Security


 

Co-ordination (EU Withdrawal) Bill


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end.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

 

accordance with the Order of the Committee [12 February 2019].

 


 

Stuart C. McDonald

 

Gavin Newlands

 

4

 

Clause  4,  page  2,  line  34,  leave out “appropriate” and insert “necessary”

 

Member’s explanatory statement

 

This amendment would ensure that the Secretary of State may only make regulations which are

 

necessary rather than those which the Minister considers appropriate.

 

Stuart C. McDonald

 

Gavin Newlands

 

1

 

Clause  4,  page  2,  line  34,  leave out “, or in connection with,”

 

Member’s explanatory statement

 

This amendment would narrow the scope of the powers provided to the Secretary of State in Clause

 

4, as recommended by the House of Lords Delegated Powers and Regulatory Reform Committee.


 
 

Notices of Amendments: 20 February 2019                  

2

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Afzal Khan

 

11

 

Clause  4,  page  3,  line  1,  leave out “make provisions applying” and insert “give

 

leave to enter the United Kingdom”

 

Stuart C. McDonald

 

Gavin Newlands

 

2

 

Clause  4,  page  3,  line  8,  leave out subsection (5)

 

Member’s explanatory statement

 

This amendment would narrow the scope of the powers provided to the Secretary of State in Clause

 

4, as recommended by the House of Lords Delegated Powers and Regulatory Reform Committee.

 

Kate Green

 

8

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide that EEA nationals who are

 

employed as personal assistants using funding from a personal budget are exempt

 

from any minimum salary threshold that is set for work visa applications.

 

(5B)    

In this section, personal budget has the meaning set out in section 26 of the Care

 

Act 2014.”

 

Catherine West

 

Kate Green

 

19

 

Parliamentary Star - white    

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide that EEA nationals, and adult

 

dependants of EEA nationals, who are applying for asylum in the United

 

Kingdom, may apply to the Secretary of State for permission to take up

 

employment if a decision at first instance has not been taken on the applicant’s

 

asylum application within six months of the date on which it was recorded.”

 

Afzal Khan

 

20

 

Parliamentary Star - white    

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Any regulations made under subsection (1) which introduce a work visa scheme

 

for EEA nationals must be developed in consultation with trade union

 

representatives.

 

(5B)    

The Secretary of State must publish an impact assessment on workers’ rights for

 

any regulations made under subsection (1) which introduce a work visa scheme

 

for EEA nationals.”

 

Stuart C. McDonald

 

Gavin Newlands

 

3

 

Clause  4,  page  3,  line  11,  leave out subsection (6)

 

Member’s explanatory statement

 

This amendment would narrow the scope of the powers provided to the Secretary of State in Clause

 

4, as recommended by the House of Lords Delegated Powers and Regulatory Reform Committee.


 
 

Notices of Amendments: 20 February 2019                  

3

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Stuart C. McDonald

 

Gavin Newlands

 

5

 

Clause  4,  page  3,  line  17,  leave out “other”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 3.

 

Stuart C. McDonald

 

Gavin Newlands

 

6

 

Clause  4,  page  3,  line  17,  leave out from “subsection (1)” to “is” on line 19

 

Member’s explanatory statement

 

This amendment, along with Amendment 7, will ensure that all regulations made under Clause 4(1)

 

are subject to the affirmative procedure.

 

Afzal Khan

 

12

 

Clause  4,  page  3,  line  18,  leave out “that amend or repeal any provision of primary

 

legislation (whether alone or with any other provision)”

 

Member’s explanatory statement

 

This amendment would mean that all regulations made under Clause 4 would be subject to the

 

affirmative procedure.

 

Stuart C. McDonald

 

Gavin Newlands

 

7

 

Clause  4,  page  3,  line  21,  leave out subsection (8)

 

Member’s explanatory statement

 

This amendment, along with Amendment 6, will ensure that all regulations made under Clause 4(1)

 

are subject to the affirmative procedure.

 


 

Afzal Khan

 

13

 

Page  3,  line  34,  leave out Clause 5

 


 

Afzal Khan

 

14

 

Clause  7,  page  5,  line  32,  at end insert—

 

“(5A)    

This Act cannot come into force until the House of Commons has passed a motion

 

in the form set out in subsection (5B).

 

(5B)    

The form of the motion for the purposes of subsection (5A) is—

 

    

“That the Immigration and Social Security Co-Ordination (EU Withdrawal Act)

 

come into force”.”


 
 

Notices of Amendments: 20 February 2019                  

4

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Afzal Khan

 

15

 

Clause  7,  page  5,  line  33,  leave out from “which” to end of line 34, and insert “the

 

House of Commons has passed a motion in the form set out in subsection (5B) above.”

 

Member’s explanatory statement

 

This amendment is consequential on Amendment 14.

 

Afzal Khan

 

Ms Diane Abbott

 

Richard Burgon

 

Imran Hussain

 

Gloria De Piero

 

Yasmin Qureshi

 

21

 

Parliamentary Star    

Clause  7,  page  5,  line  37,  at end insert—

 

“(7A)    

Section 1 of this Act cannot come into force until the Secretary of State has

 

ensured that legal aid is available to all EEA and Swiss nationals, and their family

 

members, who are domiciled or habitually resident in the UK for Early Legal

 

Help on immigration matters.”

 

Kate Green

 

9

 

Clause  7,  page  5,  line  39,  at end insert—

 

“(8A)    

The Secretary of State must carry out a gender impact assessment of the Act and

 

lay a report of that assessment before the House of Commons within six months

 

of the passing of the Act.”

 

Afzal Khan

 

16

 

Clause  7,  page  5,  line  39,  at end insert—

 

“(8A)    

Regulations under subsection (8) above may not be made until—

 

(a)    

the Secretary of State has completed a review of all cases of deportation,

 

detention, or refusal of status to individuals who entered the United

 

Kingdom before 1973, and the children and descendants of those

 

individuals; and

 

(b)    

the Secretary of State has considered the findings of that review and

 

implemented any safeguards deemed necessary, following a public

 

consultation, to ensure that those who lose their right of freedom of

 

movement under the provisions of this Act are protected from any

 

wrongful detention, deportation or denial of legal rights.”

 

Afzal Khan

 

17

 

Clause  7,  page  5,  line  39,  at end insert—

 

“(8A)    

The Secretary of State must not issue any regulations under subsection 8 above

 

until the Secretary of State has implemented any recommendations contained in

 

the Law Commission’s review of the UK’s Immigration Rules which relate to or

 

will relate to persons who, under the provisions of the Act, will lose their right of

 

free movement.”


 
 

Notices of Amendments: 20 February 2019                  

5

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Afzal Khan

 

18

 

Clause  7,  page  5,  line  39,  at end insert—

 

“(8A)    

Regulations under subsections (7) and (8) may not be made until the number of

 

people registered for settled status in the United Kingdom reaches 3 million.”

 

Member’s explanatory statement

 

This amendment would prevent the Bill from coming into force until the number of people

 

registered for settled status reaches 3 million.

 

Afzal Khan

 

10

 

Clause  7,  page  5,  line  44,  at end insert—

 

“(10A)    

Section 4 and section 7(5) of this Act expire at the end of a period of one year

 

beginning with the day on which this Act is passed.”

 

Member’s explanatory statement

 

This amendment would place a time limit on the Henry VIII powers contained in Clause 4.

 


 

Afzal Khan

 

Ms Diane Abbott

 

Nic Dakin

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

 

nc1

 

To move the following Clause—

 

         

“Time limit on detention for EEA and Swiss nationals

 

(1)    

The Secretary of State may not detain any person (“P”) who has had their right of

 

free movement removed by the provisions of this Act under a relevant detention

 

power for a period of more than 28 days from the relevant time.

 

(2)    

If “P” remains detained under a relevant detention power at the expiry of the

 

period of 28 days then—

 

(a)    

the Secretary of State shall release P forthwith; and

 

(b)    

the Secretary of State may not re-detain P under a relevant detention

 

power thereafter, unless the Secretary of State is satisfied that there has

 

been a material change of circumstances since “P’s” release and that the

 

criteria in section [Initial detention for EEA and Swiss nationals: criteria

 

and duration] are met.

 

(3)    

In this Act, “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 UK Borders Act 2007 (detention pending deportation).


 
 

Notices of Amendments: 20 February 2019                  

6

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

(4)    

In this Act, “relevant time” means the time at which “P” is first detained under a

 

relevant detention power.”

 


 

Afzal Khan

 

Ms Diane Abbott

 

Nic Dakin

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

 

nc2

 

To move the following Clause—

 

         

“Initial detention for EEA and Swiss nationals: criteria and duration

 

(1)    

Any person (“P”) who section [Time limit on detention for EEA and Swiss

 

nationals] applies to may not be detained under a relevant detention power other

 

than for the purposes of examination, unless the Secretary of State is satisfied

 

that—

 

(a)    

the person can be shortly removed from the United Kingdom;

 

(b)    

detention is strictly necessary to affect the person’s deportation or

 

removal from the United Kingdom; and

 

(c)    

the detention of “P” is in all circumstances proportionate.

 

(2)    

The Secretary of State may not detain any person (“P”) who section [Time limit

 

on detention for EEA and Swiss nationals] applies to under a relevant detention

 

power for a period of more than 96 hours from the relevant time, unless—

 

(a)    

“P” has been refused bail at an initial bail hearing in accordance with

 

subsection (4)(b) of section [Bail hearings]; or

 

(b)    

the Secretary of State has arranged a reference to the Tribunal for

 

consideration of whether to grant immigration bail to “P” in accordance

 

with subsection (1)(c) of section [Bail hearings] and that hearing has not

 

yet taken place.

 

(3)    

Nothing in subsection (2) shall authorise the Secretary of State to detain “P”

 

under a relevant detention power if such detention would, apart from this section,

 

be unlawful.

 

(4)    

In this section, “Tribunal” means the First-Tier Tribunal.

 

(5)    

In this section, “relevant detention power” has the meaning given in section [Time

 

limit on detention for EEA and Swiss nationals].”

 

Member’s explanatory statement

 

This new clause is consequential on NC1.

 



 
 

Notices of Amendments: 20 February 2019                  

7

 

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

 
 

Afzal Khan

 

Ms Diane Abbott

 

Nic Dakin

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

 

nc3

 

To move the following Clause—

 

         

“Bail hearings for EEA and Swiss nationals

 

(1)    

Before the expiry of a period of 96 hours from the relevant time, the Secretary of

 

State must—

 

(a)    

release any person (“P”) who section [Time limit on detention for EEA

 

and Swiss nationals] applies to;

 

(b)    

grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

 

Immigration Act 2016; or

 

(c)    

arrange a reference to the Tribunal for consideration of whether to grant

 

immigration bail to “P”.

 

(2)    

Subject to subsection (3), when the Secretary of State arranges a reference to the

 

Tribunal under subsection (1)(c), the Tribunal must hold an oral hearing (“an

 

initial bail hearing”) which must commence within 24 hours of the time at which

 

the reference is made.

 

(3)    

If the period of 24 hours in subsection (2) ends on a Saturday, Sunday or Bank

 

holiday, the Tribunal must hold an initial bail hearing on the next working day.

 

(4)    

At the initial bail hearing, the Tribunal must—

 

(a)    

grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

 

Immigration Act 2016; or

 

(b)    

refuse to grant immigration bail to “P”.

 

(5)    

Subject to subsection (6), the Tribunal must grant immigration bail to “P” at a bail

 

hearing unless it is satisfied that the Secretary of State has established that the

 

criteria in subsection 1 of section [Initial detention for EEA and Swiss nationals:

 

criteria and duration] are met and that, in addition—

 

(a)    

directions have been given for “P’s” removal from the United Kingdom

 

and such removal is to take place within 96 hours;

 

(b)    

a travel document is available for the purposes of “P’s” removal or

 

deportation; and

 

(c)    

there are no outstanding legal barriers to removal.

 

(6)    

Subsection (5) does not apply if the Tribunal is satisfied that the Secretary of State

 

has established that the criteria in subsection 1 of section [Initial detention for

 

EEA and Swiss nationals: criteria and duration] are met and that there are very

 

exceptional circumstances which justify maintaining detention.

 

(7)    

In subsection (5) above, “a bail hearing” includes—

 

(a)    

an initial bail hearing under subsection (2) above; and

 

(b)    

the hearing of an application for immigration bail under paragraph 1(3)

 

of Schedule 10 of the Immigration Act 2016.

 

(8)    

In this section, “Tribunal” means the First-Tier Tribunal.

 

(9)    

The Secretary of State shall provide to “P” or “P’s” legal representative, not more

 

than 24 hours after the relevant time, copies of all documents in the Secretary of

 

State’s possession which are relevant to the decision to detain.


 
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Revised 20 February 2019