Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 1 March 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includes any withdrawn amendments at the end.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].

 


 

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

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

nc1

 

To move the following Clause—


 
 

Notices of Amendments: 1 March 2019                     

2

 

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

 
 

         

“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

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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—


 
 

Notices of Amendments: 1 March 2019                     

3

 

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

 
 

(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

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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”.


 
 

Notices of Amendments: 1 March 2019                     

4

 

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

 
 

(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: 1 March 2019                     

5

 

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

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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);


 
 

Notices of Amendments: 1 March 2019                     

6

 

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

 
 

(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

Mr David Davis

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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.


 
 

Notices of Amendments: 1 March 2019                     

7

 

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

 
 

(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.

 


 

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

Tulip Siddiq

Dr Sarah Wollaston

Mr Andrew Mitchell

Ben Lake

Hywel Williams

Jonathan Edwards

Liz Saville Roberts

Nick Boles

Stella Creasy

 

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

 

(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.


 
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Revised 01 March 2019