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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 22 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

 

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withdrawn amendments at the end.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

 

29

 

Parliamentary Star - white    

Clause  2,  page  1,  line  11,  at end insert—

 

“(1A)    

After section 2A insert—

 

“2B    

Family members of Irish citizens

 

    

Nothing in the Immigration Rules (within the meaning of this Act) shall

 

lay down any practice that treats or provides for the family members of

 

Irish citizens differently to the treatment or provision made for the family

 

member of British citizens.”

 

Member’s explanatory statement

 

This amendment seeks to ensure that the family members of Irish citizens are treated in the same

 

way as the family members of British citizens.


 
 

Notices of Amendments: 22 February 2019                  

2

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

28

 

Parliamentary Star - white    

Clause  2,  page  2,  line  13,  at end insert—

 

“(6)    

The Secretary of State may not conclude that the deportation of an Irish citizen is

 

conducive to the public good under section 3(5)(a) unless he concludes that a

 

higher threshold is reached whereby deportation is in the public interest because

 

there are exceptional circumstances.

 

(7)    

No person of any nationality is liable for deportation under section 3(5)(b) where

 

he belongs to the family of an Irish citizen who is or has been ordered to be

 

deported, unless subsection (6) is satisfied in respect of that Irish citizen.

 

(8)    

No Irish citizen is liable for deportation under section 3(6) where recommended

 

for deportation by a court empowered under this Act to do so unless, thereafter,

 

the Secretary concludes that his deportation is conducive to the public good in

 

accordance with subsection (6).

 

(9)    

An Irish citizen may not be deported or excluded from the United Kingdom if

 

they are among the “people of Northern Ireland” entitled to identify as Irish

 

citizens by virtue of Article 1(vi) of the British-Irish Agreement of 1998.”

 

Member’s explanatory statement

 

This amendment would provide additional safeguards against deportation for Irish citizens.

 


 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

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

 

Afzal Khan

 

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.

 

Afzal Khan

 

11

 

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

 

leave to enter the United Kingdom”


 
 

Notices of Amendments: 22 February 2019                  

3

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

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

 

Afzal Khan

 

19

 

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

 

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.”

 

Nic Dakin

 

22

 

Parliamentary Star - white    

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

 

“(5A)    

Regulations under subsection (1) must not be made until the Secretary of State

 

has undertaken and published an impact assessment of the effect of the

 

regulations on the United Kingdom’s health, social care and medical research

 

sectors.

 

(5B)    

An impact assessment under subsection (5A) above must include, but is not

 

limited to, an assessment of the regulations impact on—

 

(a)    

the health and social care workforce;

 

(b)    

the cancer workforce; and

 

(c)    

the medical research workforce.

 

(5C)    

An impact assessment under subsection 1 must be laid before both Houses of

 

Parliament.”


 
 

Notices of Amendments: 22 February 2019                  

4

 

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

 
 

Kate Green

 

Tim Loughton

 

Ms Harriet Harman

 

27

 

Parliamentary Star - white    

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

 

“(5A)    

Any regulations issued under subsection (1) which enable children of EEA or

 

Swiss nationals to be removed from the United Kingdom must include—

 

(a)    

a requirement to obtain an individual Best Interests Assessment before a

 

decision is made to remove the child; and

 

(b)    

a requirement to obtain a Best Interest Assessment in relation to any child

 

whose human rights may be breached by a decision to remove.

 

(5B)    

The assessment under subsection (5A) must cover, but is not limited to—

 

(a)    

the ascertainable wishes and feelings of the child concerned (considered

 

in the light of his or her age and understanding);

 

(b)    

the child’s physical, emotional and educational needs;

 

(c)    

the likely effects, including psychological effects, on the child of the

 

removal;

 

(d)    

the child’s age, sex, background and any characteristics of the child the

 

assessor considers relevant;

 

(e)    

any harm which the child is at risk of suffering if the removal takes place;

 

(f)    

how capable the parent facing removal with the child, and any other

 

person in relation to whom the assessor considers the question to be

 

relevant, is of meeting his or her needs;

 

(g)    

the citizenship rights of the child including whether they may be stateless

 

and have rights to British citizenship.

 

(5C)    

The assessment must be carried out by a suitably qualified and independent

 

professional.

 

(5D)    

Psychological or psychiatric assessments must be obtained in appropriate cases.

 

(5E)    

The results of the assessment must be recorded in a written plan for the child.”

 

Member’s explanatory statement

 

This amendment would ensure that before a decision is taken to remove an EEA or Swiss national

 

child from the UK a comprehensive best interest assessment is obtained.

 

Stuart C. McDonald

 

Gavin Newlands

 

33

 

Parliamentary Star - white    

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

 

“(5A)    

Regulations under subsection (1) must provide for admission of EU nationals as

 

spouses, partners and children of UK citizens and settled persons.

 

(5B)    

Regulations under subsection (1) may require that the EU nationals entering as

 

spouses, partners and children of UK citizens and settled persons can be

 

maintained and accommodated without recourse to public funds, but in deciding

 

whether that test is met, account must be taken of the prospective earnings of the

 

EU nationals seeking entry, as well as any third party support that may be

 

available.

 

(5C)    

Regulations under subsection (1) must not include any test of financial

 

circumstances beyond that set out in subsection (5B).”

 

Member’s explanatory statement

 

This amendment would ensure that UK nationals and settled persons can be joined in future by EU

 

spouses and partners and children without application of the financial thresholds and criteria that

 

apply to non-EEA spouses, partners and children.


 
 

Notices of Amendments: 22 February 2019                  

5

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

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.

 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

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

 

Afzal Khan

 

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

 

Afzal Khan

 

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.

 

Kate Green

 

Tim Loughton

 

25

 

Parliamentary Star - white    

Clause  4,  page  3,  line  31,  at end insert—

 

“(11)    

When exercising functions under Clause 4 relating to children and families the

 

Secretary of State must—

 

(a)    

have due regard to the requirements of—

 

(i)    

Part I of the United Nations Convention on the Rights of the

 

Child, and

 

(ii)    

the Optional Protocols of the UNCRC to which the UK is a

 

signatory state.


 
 

Notices of Amendments: 22 February 2019                  

6

 

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

 
 

(b)    

undertake and publish a Child Rights Impact Assessment.”

 

Member’s explanatory statement

 

This amendment would place a duty on the Secretary of State to have due regard to the UNCRC

 

when making statutory instruments using the Henry VIII powers in Clause 4. It will also require

 

them to undertake and publish a CRIA for each change to or introduction of statutory instruments

 

or regulations under Clause 4.

 


 

Kate Green

 

26

 

Parliamentary Star - white    

Clause  5,  page  4,  line  21,  at end insert—

 

“(11)    

The power to make regulations under subsection (1) may not be used to make

 

regulations removing Title I, Title II or Chapter 1 of Title III of Regulation (EC)

 

No 883/2004.”

 

Member’s explanatory statement

 

This amendment would prevent the Secretary of State from making regulations which might

 

remove the ability of British citizens and EEA nationals to aggregate pension rights and social

 

security benefits.

 

Afzal Khan

 

13

 

Page  3,  line  34,  leave out Clause 5

 


 

Stuart C. McDonald

 

Gavin Newlands

 

34

 

Parliamentary Star - white    

Clause  7,  page  5,  line  15,  leave out “Scotland”

 

Stuart C. McDonald

 

Gavin Newlands

 

35

 

Parliamentary Star - white    

Clause  7,  page  5,  line  15,  at end insert—

 

“(1A)    

Section 1 and Schedule 1 of this Act do not extend to Scotland.”

 

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: 22 February 2019                  

7

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

36

 

Parliamentary Star - white    

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

 

“(5A)    

Section 1 must not be brought into force before 30 June 2021.”

 

Member’s explanatory statement

 

This amendment would prevent the repeal of free movement until after the 30 June 2021.

 

Kate Green

 

Tim Loughton

 

24

 

Parliamentary Star - white    

Clause  7,  page  5,  line  33,  leave out subsection (6) and insert—

 

“(6)    

This Act may not come into force until a Minister of the Crown has undertaken

 

and published a Child Rights Impact Assessment of the Bill.

 

(6A)    

Section 6 and this section come into force on the day a Minister of the Crown

 

publishes the Child Rights Impact Assessment under subsection (6).”

 

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

 

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.”

 

Afzal Khan

 

Ms Diane Abbott

 

32

 

Parliamentary Star - white    

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

 

commissioned an independent review to examine whether the UK’s existing

 

immigration legislation, and any provisions or rules issued under existing

 

legislation, require amending to deal with the ending of freedom of movement

 

under the provisions of this Act.

 

(7B)    

The review under subsection 1 must consider, but is not limited to —

 

(a)    

an equality impact assessment evaluating whether any individuals

 

subject to the Immigration Act 1971 are discriminated against on the

 

basis of any of the protected characteristics defined in the Equality Act

 

2010;

 

(b)    

an assessment of whether the Immigration Act 1971 needs amending to

 

ensure the human rights of persons who have their freedom of movement

 

removed under the provisions of this Act are protected;


 
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Revised 22 February 2019