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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 26 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 remaining before the Committee 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includes any withdrawn amendments at the end.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

 

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.


 
 

Notices of Amendments: 26 February 2019                  

2

 

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

 
 

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

 

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.

 

(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.

 



 
 

Notices of Amendments: 26 February 2019                  

3

 

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

 
 

Kate Green

 

26

 

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

 

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

 

Stuart C. McDonald

 

Gavin Newlands

 

35

 

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”.”

 

Stuart C. McDonald

 

Gavin Newlands

 

36

 

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

 

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.


 
 

Notices of Amendments: 26 February 2019                  

4

 

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

 
 

(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

 

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;

 

(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.”


 
 

Notices of Amendments: 26 February 2019                  

5

 

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

 
 

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

 

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.

 

Stuart C. McDonald

 

Gavin Newlands

 

30

 

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

 

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.


 
 

Notices of Amendments: 26 February 2019                  

6

 

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

 
 

Stuart C. McDonald

 

Gavin Newlands

 

37

 

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.

 

Stuart C. McDonald

 

Gavin Newlands

 

38

 

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 the human rights of people whose right of free movement is ended by

 

section 1 and schedule 1 of this Act.”

 

Stuart C. McDonald

 

Gavin Newlands

 

39

 

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 in so far as it

 

affects people whose right of free movement is ended by section 1 and schedule

 

1 of this Act.”

 

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: 26 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

Mr David Davis

Stephen Doughty

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

 

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.”

 



 
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Revised 26 February 2019