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

(10)    

At the initial bail hearing, the Tribunal shall not consider any documents relied

upon by the Secretary of State which were not provided to “P” or “P’s” legal

representative in accordance with subsection (8), unless—

(a)    

“P” consents to the documents being considered; or

(b)    

in the opinion of the Tribunal there is a good reason why the documents

were not provided to “P” or to “P’s” legal representative in accordance

with subsection (8).

(11)    

The Immigration Act 2016 is amended as follows—

(a)    

After paragraph 12(4) of schedule 10 insert—

  “(4A)  

Sub-paragraph (2) above does not apply if the refusal of bail

by the First tier Tribunal took place at an initial bail hearing

within the meaning of section [Bail hearings for EEA and

Swiss nationals] of the Immigration and Social Security Co-

ordination (EU Withdrawal) Act 2019.”.”

Member’s explanatory statement

This new clause is consequential on NC1.

Afzal Khan

Ms Diane Abbott

Nic Dakin

Stuart C. McDonald

Joanna Cherry

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

NC4

To move the following Clause—

“Commencement of provisions on detention of EEA nationals

(1)    

Sections [Time limit on detention for EEA and Swiss nationals], [Initial detention

for EEA and Swiss nationals: criteria and duration] and [Bail hearings for EEA

and Swiss nationals] come into force three months after the day on which this Act

is passed.”

Member’s explanatory statement

This new clause is consequential on NC1.

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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

NC5

To move the following Clause—

“Time limit on immigration detention

(1)    

The Secretary of State may not detain any person (“P”) 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: 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).

(4)    

In this section, “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

nc6

To move the following Clause—

“Initial detention: criteria and duration

(1)    

Any person (“P”) who section [Time limit on immigration detention] 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;

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

(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 immigration detention] 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 3(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 3(1)(c) of clause[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 immigration detention].”

Member’s explanatory statement

This new clause is consequential on NC1.

Afzal Khan

Ms Diane Abbott

Nic Dakin

Stuart C. McDonald

Joanna Cherry

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

nc7

To move the following Clause—

“Bail hearings

(1)    

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

State must—

(a)    

release “P”;

(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

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

(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: 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:

criteria and duration] above 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.

(10)    

At the initial bail hearing, the Tribunal shall not consider any documents relied

upon by the Secretary of State which were not provided to “P” or “P’s” legal

representative in accordance with subsection (8), unless—

(a)    

“P” consents to the documents being considered; or

(b)    

in the opinion of the Tribunal there is a good reason why the documents

were not provided to “P” or to “P’s” legal representative in accordance

with subsection (8).

(11)    

The Immigration Act 2016 is amended as follows—

(a)    

After paragraph 12(4) of schedule 10 insert—

  “(4A)  

Sub-paragraph (2) above does not apply if the refusal of bail

by the First tier Tribunal took place at an initial bail hearing

within the meaning of section [Bail hearings for EEA and

Swiss nationals] of the Immigration and Social Security Co-

ordination (EU Withdrawal) Act 2019.”.”

Member’s explanatory statement

This new clause is consequential on NC1.

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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

NC8

To move the following Clause—

“Commencement of detention provisions

(1)    

Sections [Time limit on immigration detention], [Initial detention: criteria and

duration] and [Bail hearings] come into force three months after the day on which

this Act is passed.”

Member’s explanatory statement

This new clause is consequential on NC1.

Afzal Khan

NC9

To move the following Clause—

“Super-affirmative procedures for Immigration Rules

(1)    

The Immigration Act 1971 is amended in accordance with subsection (2).

(2)    

After section 3(2) insert—

“(2A)    

Any statement of the rules, or of any changes to the rules, which affect

the rights and obligations of persons who will lose their right of freedom

of movement under the provisions of the Immigration and Social

Security Co-Ordination (EU Withdrawal) Act may not be made or have

effect unless the Secretary of State has complied with subsections (2B) to

(2F) below.

(2B)    

If the Secretary of State proposes to make changes to the rules under

section (2A) above, the Secretary of State must lay before parliament a

document that—

(a)    

explains the proposal; and

(b)    

sets it out in the form of a draft order.

(2C)    

During the period of 60 days beginning with the day on which the

document was laid under subsection (2B) (the “60-day period”), the

Secretary of State may not lay before Parliament a draft order to give

effect to the proposal (with or without modification).

(2D)    

In preparing a draft order under section (2A) above, the Secretary of State

must have regard to any of the following that are made with regard to the

draft order during the 60-day period—

(a)    

any representations; and

(b)    

any recommendations of a committee of either House of

Parliament charged with reporting on the draft order.

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

(2E)    

When laying before Parliament a draft order to give effect to the proposal

(with or without modifications), the Secretary of State must also lay a

document that explains any changes made to the proposal contained in

the document under subsection (2B).

(2F)    

In calculating the 60-day period, no account is to be taken of any time

during which Parliament is dissolved or prorogued or during which either

House is not adjourned for more than 4 days.”.”

Member’s explanatory statement

This new clause would amend the Immigration Act 1971 to ensure that any changes to the UK’s

Immigration Rules which affect EEA or Swiss nationals must be made under the super affirmative

procedure.

Afzal Khan

NC10

To move the following Clause—

“Settled status: right to appeal

(1)    

When a person whose right of free movement is removed by the provisions of this

Act makes an application for settled or pre-settled status, that person may make

an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) if—

(a)    

the application is turned down, or

(b)    

the person is granted pre-settled status but there is evidence to show that

the person should have been granted settled status.

(2)    

Subsection (1) applies if the United Kingdom leaves the European Union—

(a)    

following a negotiated withdrawal agreement, or

(b)    

without a negotiated withdrawal agreement.”

Afzal Khan

NC11

To move the following Clause—

“Hostile environment and EEA nationals

(1)    

This section applies where EEA nationals and Swiss nationals, and their family

members, are subject to legislation and regulations encompassing the “hostile

environment”.

(2)    

The Secretary of State must make provision to ensure that, under the hostile

environment measures, EEA nationals and Swiss nationals and their family

members are treated no less favourably than British citizens in an equivalent

position, until the number of people registered for settled status reaches 3 million

people or until 30 June 2021, whichever is later.

(3)    

For the purposes of this section, the “hostile environment” comprises the

following measures, including all regulations, policies, and guidance issued

pursuant or relating to them—

(a)    

sections 20 to 47 of the Immigration Act 2014;

(b)    

sections 34 to 45 of the Immigration Act 2016;

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

(c)    

sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006;

(d)    

section 175 of the National Health Service Act 2006; and

(e)    

schedule 2, paragraph 4, of the Data Protection Act 2018.”

Member’s explanatory statement

This new clause would prevent the hostile environment from being applied to EEA nationals, Swiss

nationals, or their family members until the number of people registered for settled status reaches

3 million or 30 June 2021, whichever is later.

Order of the House [28 January 2019]

That the following provisions shall apply to the Immigration and Social Security Co-

ordination (EU Withdrawal) Bill:

Committal

1.    

The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Thursday 7 March.

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Proceedings on Consideration and up to and including Third Reading

4.    

Proceedings on Consideration and any proceedings in legislative grand

committee shall (so far as not previously concluded) be brought to a

conclusion one hour before the moment of interruption on the day on which

proceedings on Consideration are commenced.

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.    

Standing Order No. 83B (Programming committees) shall not apply to

proceedings on Consideration and up to and including Third Reading.

Other proceedings

7.    

Any other proceedings on the Bill may be programmed.

Order of the Committee [12 February 2019]

That—

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 12

February) meet—

(a)  

at 2.00 pm on Tuesday 12 February; 

(b)  

at 11.30 am and 2.00 pm on Thursday 14 February;

(c)  

at 9.25 am and 2.00 pm on Tuesday 26 February;

(d)  

at 11.30 am and 2.00 pm on Thursday 28 February;

(e)  

at 9.25 am and 2.00 pm on Tuesday 5 March;

(f)  

at 11.30 am and 2.00 pm on Thursday 7 March;

(2)  

the Committee shall hear oral evidence in accordance with the following

Table: