Session 2017-19
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1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Wednesday 27 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

 

Consideration of Bill (Report Stage)


 

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withdrawn amendments at the end.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 the

 

order in which they relate to the Bill.

 


 

Afzal Khan

 

Ms Diane Abbott

 

Mr David Davis

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Robinson

Sir Edward Davey

Jonathan Edwards

Ben Lake

Liz Saville Roberts

Hywel Williams

Gavin Newlands

Mr Andrew Mitchell

Ms Harriet Harman

Paul Blomfield

Dame Caroline Spelman

Rosie Duffield

Tonia Antoniazzi

Jess Phillips

Tulip Siddiq

Christine Jardine

Jo Stevens

Tom Brake

Stella Creasy

Ms Karen Buck

Yvonne Fovargue

Julie Cooper

Rachel Reeves

Emma Hardy

Helen Hayes

Thelma Walker

Yasmin Qureshi

Dr Rosena Allin-Khan

Liz Kendall

Seema Malhotra

Daniel Zeichner


 
 

Notices of Amendments: 27 March 2019                  

2

 

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

 
 

Owen Smith

Alex Sobel

Stephen Timms

Alex Cunningham

Ian Murray

Richard Burgon

Lilian Greenwood

Rushanara Ali

Shabana Mahmood

Anna McMorrin

Liz McInnes

Dr Roberta Blackman-Woods

Dr Paul Williams

Yvette Cooper

Andy Slaughter

Matthew Pennycook

Clive Efford

Mrs Sharon Hodgson

Kate Green

Kerry McCarthy

Danielle Rowley

Debbie Abrahams

Emma Reynolds

Wera Hobhouse

Ruth George

Nic Dakin

Heidi Allen

Jim Shannon

Jamie Stone

Tim Farron

Mr Alistair Carmichael

Layla Moran

Caroline Lucas

 

NC1

 

To move the following Clause—

 

         

“Time limit on immigration detention

 

(1)    

For the purpose of this section, a person (“P”) is defined as—

 

(a)    

any person who, immediately before the commencement of Schedule 1,

 

was—

 

(i)    

residing in the United Kingdom in accordance with the

 

Immigration (European Economic Area) Regulations 2016;

 

(ii)    

residing in the United Kingdom in accordance with a right

 

conferred by or under any of the other instruments which is

 

repealed by Schedule 1; or

 

(iii)    

otherwise residing in the United Kingdom in accordance with

 

any right derived from European Union law which continues, by

 

virtue of section 4 of the EU Withdrawal Act 2018, to be

 

recognised and available in domestic law after exit day;

 

(b)    

and any other person.

 

(2)    

The Secretary of State may not detain any person (“P”) as defined in subsection

 

(1) under a relevant detention power for a period of more than 28 days from the

 

relevant time.

 

(3)    

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.

 

(4)    

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).

 

(5)    

In this Act, “relevant time” means the time at which “P” is first detained under a

 

relevant detention power.


 
 

Notices of Amendments: 27 March 2019                  

3

 

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

 
 

(6)    

This section does not apply to a person in respect of whom the Secretary of State

 

has certified that the decision to detain is or was taken in the interests of national

 

security.”

 


 

Afzal Khan

 

Ms Diane Abbott

 

Mr David Davis

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Robinson

Sir Edward Davey

Jonathan Edwards

Ben Lake

Liz Saville Roberts

Hywel Williams

Gavin Newlands

Mr Andrew Mitchell

Ms Harriet Harman

Paul Blomfield

Rosie Duffield

Tonia Antoniazzi

Jess Phillips

Tulip Siddiq

Christine Jardine

Jo Stevens

Tom Brake

Stella Creasy

Ms Karen Buck

Yvonne Fovargue

Julie Cooper

Rachel Reeves

Emma Hardy

Helen Hayes

Thelma Walker

Yasmin Qureshi

Dr Rosena Allin-Khan

Liz Kendall

Seema Malhotra

Daniel Zeichner

Owen Smith

Alex Sobel

Stephen Timms

Alex Cunningham

Ian Murray

Richard Burgon

Lilian Greenwood

Rushanara Ali

Shabana Mahmood

Anna McMorrin

Liz McInnes

Dr Roberta Blackman-Woods

Dr Paul Williams

Yvette Cooper

Andy Slaughter

Matthew Pennycook

Clive Efford

Mrs Sharon Hodgson

Kate Green

Kerry McCarthy

Danielle Rowley

Debbie Abrahams

Emma Reynolds

Wera Hobhouse

Nic Dakin

Heidi Allen

Jim Shannon

Jamie Stone

Layla Moran

Caroline Lucas

Tim Farron

 

nc2

 

To move the following Clause—

 

         

“Initial detention: criteria and duration

 

(1)    

The Secretary of State may not detain any person (“P”) to whom section [Time

 

limit on immigration detention] applies, under a relevant detention power other

 

than for the purposes of examination, unless the Secretary of State is satisfied

 

that—

 

(a)    

“P” can be shortly removed from the United Kingdom;

 

(b)    

detention is strictly necessary to affect the “P”’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 (5)(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 (2)(c) of clause[Bail hearings] and that hearing has not

 

yet taken place.


 
 

Notices of Amendments: 27 March 2019                  

4

 

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

 
 

(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].”

 


 

Afzal Khan

 

Ms Diane Abbott

 

Mr David Davis

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Robinson

Sir Edward Davey

Jonathan Edwards

Ben Lake

Liz Saville Roberts

Hywel Williams

Gavin Newlands

Mr Andrew Mitchell

Ms Harriet Harman

Paul Blomfield

Rosie Duffield

Tonia Antoniazzi

Jess Phillips

Tulip Siddiq

Christine Jardine

Jo Stevens

Tom Brake

Stella Creasy

Ms Karen Buck

Yvonne Fovargue

Julie Cooper

Rachel Reeves

Emma Hardy

Helen Hayes

Thelma Walker

Yasmin Qureshi

Dr Rosena Allin-Khan

Liz Kendall

Seema Malhotra

Daniel Zeichner

Owen Smith

Alex Sobel

Stephen Timms

Alex Cunningham

Ian Murray

Richard Burgon

Lilian Greenwood

Rushanara Ali

Shabana Mahmood

Anna McMorrin

Liz McInnes

Dr Roberta Blackman-Woods

Dr Paul Williams

Yvette Cooper

Andy Slaughter

Matthew Pennycook

Clive Efford

Mrs Sharon Hodgson

Kate Green

Kerry McCarthy

Danielle Rowley

Debbie Abrahams

Emma Reynolds

Wera Hobhouse

Nic Dakin

Heidi Allen

Jim Shannon

Jamie Stone

Layla Moran

Caroline Lucas

Tim Farron

 

nc3

 

To move the following Clause—

 

         

“Bail hearings

 

(1)    

This section applies to any person (“P”) to whom section [Time limit on

 

immigration detention] applies and who is detained under a relevant detention

 

power.

 

(2)    

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”.

 

(3)    

Subject to subsection (4), when the Secretary of State arranges a reference to the

 

Tribunal under subsection (2)(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: 27 March 2019                  

5

 

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

 
 

(4)    

If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank

 

holiday, the Tribunal must hold an initial bail hearing on the next working day.

 

(5)    

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”.

 

(6)    

Subject to subsection (7), 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 14 days;

 

(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.

 

(7)    

Subsection (6) 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.

 

(8)    

In subsection (6) 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.

 

(9)    

In this section, “Tribunal” means the First-Tier Tribunal.

 

(10)    

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.

 

(11)    

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 (10), 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 (10).

 

(12)    

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.”.”

 



 
 

Notices of Amendments: 27 March 2019                  

6

 

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

 
 

Afzal Khan

 

Ms Diane Abbott

 

Mr David Davis

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Robinson

Sir Edward Davey

Jonathan Edwards

Ben Lake

Liz Saville Roberts

Hywel Williams

Gavin Newlands

Mr Andrew Mitchell

Ms Harriet Harman

Paul Blomfield

Rosie Duffield

Tonia Antoniazzi

Jess Phillips

Tulip Siddiq

Christine Jardine

Jo Stevens

Tom Brake

Stella Creasy

Ms Karen Buck

Yvonne Fovargue

Julie Cooper

Rachel Reeves

Emma Hardy

Helen Hayes

Thelma Walker

Yasmin Qureshi

Dr Rosena Allin-Khan

Liz Kendall

Seema Malhotra

Daniel Zeichner

Owen Smith

Alex Sobel

Stephen Timms

Alex Cunningham

Ian Murray

Richard Burgon

Lilian Greenwood

Rushanara Ali

Shabana Mahmood

Anna McMorrin

Liz McInnes

Dr Roberta Blackman-Woods

Dr Paul Williams

Yvette Cooper

Andy Slaughter

Matthew Pennycook

Clive Efford

Mrs Sharon Hodgson

Kate Green

Kerry McCarthy

Danielle Rowley

Debbie Abrahams

Emma Reynolds

Wera Hobhouse

Nic Dakin

Heidi Allen

Jim Shannon

Jamie Stone

Layla Moran

Caroline Lucas

Tim Farron

 

NC4

 

To move the following Clause—

 

         

“Commencement of detention provisions

 

(1)    

Sections [Time limit on immigration detention] (save for subsection (1)(b)),

 

[Initial detention: criteria and duration] and [Bail hearings] come into force six

 

months after the day on which this Act is passed.

 

(2)    

Subsection (1)(b) of section [Time limit on immigration detention] comes into

 

force on such day as the Secretary of State may by order appoint.”

 


 

Afzal Khan

 

Ms Diane Abbott

 

Mr David Davis

 

Stuart C. McDonald

 

Joanna Cherry

 

Gavin Robinson

Sir Edward Davey

Jonathan Edwards

Ben Lake

Liz Saville Roberts

Hywel Williams

Gavin Newlands

Mr Andrew Mitchell

Ms Harriet Harman

Paul Blomfield

Rosie Duffield

Tonia Antoniazzi

Jess Phillips

Tulip Siddiq

Christine Jardine

Jo Stevens


 
 

Notices of Amendments: 27 March 2019                  

7

 

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

 
 

Tom Brake

Stella Creasy

Ms Karen Buck

Yvonne Fovargue

Julie Cooper

Rachel Reeves

Emma Hardy

Helen Hayes

Thelma Walker

Yasmin Qureshi

Dr Rosena Allin-Khan

Liz Kendall

Seema Malhotra

Daniel Zeichner

Owen Smith

Alex Sobel

Stephen Timms

Alex Cunningham

Ian Murray

Richard Burgon

Lilian Greenwood

Rushanara Ali

Shabana Mahmood

Anna McMorrin

Liz McInnes

Dr Roberta Blackman-Woods

Dr Paul Williams

Yvette Cooper

Andy Slaughter

Matthew Pennycook

Clive Efford

Mrs Sharon Hodgson

Kate Green

Kerry McCarthy

Danielle Rowley

Debbie Abrahams

Emma Reynolds

Wera Hobhouse

Ruth George

Nic Dakin

Heidi Allen

Jim Shannon

Jamie Stone

Layla Moran

Caroline Lucas

Tim Farron

 

NC5

 

To move the following Clause—

 

         

“Time limit on immigration detention for EEA and Swiss nationals

 

(1)    

For the purpose of this section, a person (“P”) is defined as—

 

(a)    

any person who, immediately before the commencement of Schedule 1,

 

was—

 

(i)    

residing in the United Kingdom in accordance with the

 

Immigration (European Economic Area) Regulations 2016;

 

(ii)    

residing in the United Kingdom in accordance with a right

 

conferred by or under any of the other instruments which is

 

repealed by Schedule 1; or

 

(iii)    

otherwise residing in the United Kingdom in accordance with

 

any right derived from European Union law which continues, by

 

virtue of section 4 of the EU Withdrawal Act 2018, to be

 

recognised and available in domestic law after exit day;

 

(2)    

The Secretary of State may not detain any person (“P”) as defined in subsection

 

(1) under a relevant detention power for a period of more than 28 days from the

 

relevant time.

 

(3)    

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 (No. 2)] are

 

met.

 

(4)    

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).

 

(5)    

In this Act, “relevant time” means the time at which “P” is first detained under a

 

relevant detention power.


 
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Revised 27 March 2019