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

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.

(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

Henry Smith

Mr Alistair Carmichael

Norman Lamb

Mr Barry Sheerman

Mr Dominic Grieve

Stephen Doughty

nc6

To move the following Clause—

“Initial detention: criteria and duration (No. 2)

(1)    

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

limit on immigration detention for EEA and Swiss nationals] applies, under a

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

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 “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 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 (5)(b) of section [Bail hearings (No. 2)]; 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 section [Bail hearings (No. 2)] 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].”

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

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

Layla Moran

Caroline Lucas

Tim Farron

Henry Smith

Mr Alistair Carmichael

Norman Lamb

Mr Barry Sheerman

Mr Dominic Grieve

Stephen Doughty

nc7

To move the following Clause—

“Bail hearings (No. 2)

(1)    

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

immigration detention for EEA and Swiss nationals] 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.

(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 (No. 2)]

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 (No. 2)] 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

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

(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 (No. 2)] of the

Immigration and Social Security Co-ordination (EU

Withdrawal) Act 2019.”.”

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

Henry Smith

Mr Alistair Carmichael

Norman Lamb

Mr Barry Sheerman

Mr Dominic Grieve

Stephen Doughty

NC8

To move the following Clause—

“Commencement of detention provisions (No. 2)

(1)    

Sections [Time limit on immigration detention for EEA and Swiss Nationals],

[Initial detention: criteria and duration (No. 2)] and [Bail hearings (No. 2)] come

into force six months after the day on which this Act is passed.

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

Sir Edward Davey

Christine Jardine

Tom Brake

Wera Hobhouse

Jamie Stone

Layla Moran

Tim Farron

Mr Alistair Carmichael

Norman Lamb

Kate Green

NC10

To move the following Clause—

“Data protection: immigration (EEA and Swiss nationals)

(1)    

The Data Protection Act 2018 is amended in accordance with subsection (2).

(2)    

In paragraph 4 of schedule 2, after sub-paragraph (4) insert—

“(5)    

This paragraph does not apply if the data subject is an EEA or Swiss

national or a dependent of an EEA or Swiss national.””

Sir Edward Davey

Christine Jardine

Tom Brake

Wera Hobhouse

Jamie Stone

Layla Moran

Tim Farron

Mr Alistair Carmichael

Norman Lamb

NC11

To move the following Clause—

“EU Settlement Scheme: removal of deadline

The Secretary of State must make provision to ensure that EEA and Swiss

nationals, and their family members, who are resident in the United Kingdom on

or prior to 31 December 2020 can apply for settled status at any time.”

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

Sir Edward Davey

Christine Jardine

Tom Brake

Wera Hobhouse

Jamie Stone

Layla Moran

Tim Farron

Mr Alistair Carmichael

Norman Lamb

NC12

To move the following Clause—

“EU Settlement Scheme: physical documented proof

The Secretary of State must make provision to ensure that EEA and Swiss

nationals and their family members who are granted settled or pre-settled status

are provided with physical documented proof of that status.”

Sir Edward Davey

Christine Jardine

Afzal Khan

Ms Diane Abbott

Tom Brake

Wera Hobhouse

Jamie Stone

Layla Moran

Tim Farron

Mr Alistair Carmichael

Norman Lamb

Caroline Lucas

Liz Saville Roberts

Hywel Williams

Jonathan Edwards

Ben Lake

NC13

To move the following Clause—

“Right to rent (EEA and Swiss nationals)

The Secretary of State must make provision to ensure that EEA and Swiss

nationals, and dependants of EEA and Swiss nationals, are not subjected to right

to rent immigration checks.

Afzal Khan

Ms Diane Abbott

Paul Blomfield

nc14

To move the following Clause—

“Settled status

(1)    

Any person who has their right of free movement removed by the provisions

contained in this Act has the right of settled status in the United Kingdom if that

person —

(a)    

is an EEA or Swiss national;

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

(b)    

is a family member of an EEA or Swiss national or person with derived

rights;

(c)    

is resident in the United Kingdom on or prior to 31 December 2020.

(2)    

Family members of any person (“P”) with settled status under the provisions of

subsection (1) are entitled to settled status in the United Kingdom after 31

December 2020 if—

(a)    

the family member’s relationship with “P” began before 31 December

2020; and

(b)    

the family member continues to be a family member of “P” when the

family member applies for settled status.

(3)    

Any family member of any person with settled status under the provisions of

subsection (1) is eligible for a family visa to live in the United Kingdom if that

relationship began after 31 December 2020.

(4)    

Any children born in the United Kingdom to a person granted settled status under

the provisions of this section is a British citizen.

(5)    

Any person who is entitled to settled status under this section has the same

protection against expulsion as defined in Chapter 6 of Directive 2004/38/EC of

the European Parliament and Council.

(6)    

The Secretary of State must ensure that any person entitled to settled status under

this section receives a physical document confirming their settled status via a

system of registration.

(7)    

No fee may be charged for applications to register for settled status under this

section.

(8)    

Any person who has acquired settled status under the provisions of this section is

entitled to—

(a)    

remain in the United Kingdom indefinitely;

(b)    

apply for British citizenship;

(c)    

work in the United Kingdom;

(d)    

use the National Health Service;

(e)    

enrol in all educational courses in the United Kingdom;

(f)    

access all benefits and pensions, if they meet the eligibility requirements.

(9)    

A person’s right to use the National Health Service, enrol in educational courses

and access all benefits and pensions under subsection (9), is the same as that of a

British national.

(10)    

Any person who is entitled to settled status under this section loses their settled

status only if—

(a)    

they are absent from the United Kingdom for a period exceeding five

continuous years after 31 December 2021; or

(b)    

the criteria for expulsion as set out in Chapter 6 of Directive 2004/38/EC

of the European Parliament and Council apply to them.

(11)    

A person who is the subject of a Settled Status Decision may appeal that decision

to the First-tier Tribunal (Immigration and Asylum Chamber).

(12)    

A Settled Status Decision includes a decision relating to—

(a)    

a person’s entitlement to be admitted to the United Kingdom as a person

with settled status;

(b)    

a person’s entitlement to be issued with or have renewed, or not to have

revoked, confirmation of their settled status;

(c)    

a person’s removal from the United Kingdom when that person claims to

have settled status; or

(d)    

the cancellation of a person’s right to settled or pre-settled status.