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Notices of Amendments: 22 February 2019                  

8

 

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

 
 

(c)    

whether sections 20 to 47 of the Immigration Act 2014, sections 34 to 45

 

of the Immigration Act 2016, and sections 15 to 25 of the Immigration,

 

Asylum and Nationality Act 2006 require amending;

 

(d)    

whether schedule 2 of the Data Protection Act 2018 requires amending.

 

(7C)    

The review under subsection 1 must be laid before both Houses of Parliament.”

 

Kate Green

 

Afzal Khan

 

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.”

 

Afzal Khan

 

23

 

Parliamentary Star - white    

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

 

“(8A)    

Regulations under subsections (7) and (8) relating to the coming into force of

 

section 1 or section 5 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.


 
 

Notices of Amendments: 22 February 2019                  

9

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

30

 

Parliamentary Star - white    

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

 

“(8A)    

Regulations under subsection (8) may not be made until the Secretary of State has

 

published a review of section 3 of the Immigration Act 1971, examining its

 

impact on human rights.”

 

Member’s explanatory statement

 

This amendment would require the Secretary of State to review the impact of section 3 of the

 

Immigration Act 1971 on human rights.

 

Stuart C. McDonald

 

Gavin Newlands

 

31

 

Parliamentary Star - white    

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

 

“(8A)    

Regulations under subsection (8) may not be made until the Government has

 

repealed paragraph 4 of schedule 2 of the Data Protection Act 2018.”

 

Member’s explanatory statement

 

This amendment would mean those parts of the Bill that remove freedom of movement for EEA

 

nationals could not come into force until the Government had repealed the provisions relating to

 

immigration in the Data Protection Act.

 

Stuart C. McDonald

 

Gavin Newlands

 

37

 

Parliamentary Star - white    

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

 

“(8A)    

Regulations under subsection (8) may not be made until the Government has

 

amended regulation 12 of the National Health Service (Charges to Overseas

 

Visitors) Regulations 2015 to exempt EEA and Swiss nationals with immigration

 

permission from being charged for NHS services.”

 

Member’s explanatory statement

 

This amendment would prevent the Government from bringing into force those parts of the Bill that

 

subject EEA nationals to the domestic immigration system until EEA and Swiss nationals with

 

immigration permission are exempted from NHS overseas visitor charges.

 

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.

 



 
 

Notices of Amendments: 22 February 2019                  

10

 

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

Mr David Davis

Stephen Doughty

 

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).

 

(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

Mr David Davis

 

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


 
 

Notices of Amendments: 22 February 2019                  

11

 

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

 
 

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.

 


 

Afzal Khan

 

Ms Diane Abbott

 

Nic Dakin

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

Mr David Davis

 

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.


 
 

Notices of Amendments: 22 February 2019                  

12

 

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

 
 

(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.

 

(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.

 



 
 

Notices of Amendments: 22 February 2019                  

13

 

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

Mr David Davis

 

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.

 


 

Afzal Khan

 

Ms Diane Abbott

 

Nic Dakin

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Newlands

Mr David Lammy

Caroline Lucas

Sir Edward Davey

Catherine West

Mr David Davis

 

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).


 
 

Notices of Amendments: 22 February 2019                  

14

 

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

 
 

(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

Mr David Davis

 

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;

 

(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 NC5.

 



 
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Revised 22 February 2019