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| given up to and including |
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| New Amendments handed in are marked thus |
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| Amendments which will comply with the required notice period at their next appearance |
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| Immigration and Social Security
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| Co-ordination (EU Withdrawal) Bill
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| | This document includes all amendments tabled to date and includes any |
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| | withdrawn amendments at the end. The amendments have been arranged in the |
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| | order in which they relate to the Bill. |
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| 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 | Owen Smith | Alex Sobel | Stephen Timms | Alex Cunningham | Ian Murray | Richard Burgon |
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| 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 | Henry Smith | Norman Lamb | Anna Soubry | Joan Ryan | Mr Barry Sheerman | Nick Boles | Mr Dominic Grieve | Stephen Doughty | Crispin Blunt | Sir Vince Cable | Mrs Pauline Latham | Anneliese Dodds | Jo Swinson | Steve Double | Stephen Twigg | Maria Caulfield | Stephen Lloyd | Mr Gavin Shuker | Jeremy Lefroy |
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| | To move the following Clause— |
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| | | “Time limit on immigration detention |
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| | (1) | For the purpose of this section, a person (“P”) is defined as— |
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| | (a) | any person who, immediately before the commencement of Schedule 1, |
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| | (i) | residing in the United Kingdom in accordance with the |
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| | Immigration (European Economic Area) Regulations 2016; |
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| | (ii) | residing in the United Kingdom in accordance with a right |
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| | conferred by or under any of the other instruments which is |
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| | repealed by Schedule 1; or |
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| | (iii) | otherwise residing in the United Kingdom in accordance with |
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| | any right derived from European Union law which continues, by |
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| | virtue of section 4 of the EU Withdrawal Act 2018, to be |
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| | recognised and available in domestic law after exit day; |
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| | (b) | and any other person. |
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| | (2) | The Secretary of State may not detain any person (“P”) as defined in subsection |
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| | (1) under a relevant detention power for a period of more than 28 days from the |
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| | (3) | If “P” remains detained under a relevant detention power at the expiry of the |
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| | (a) | the Secretary of State shall release P forthwith; and |
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| | (b) | the Secretary of State may not re—detain P under a relevant detention |
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| | power thereafter, unless the Secretary of State is satisfied that there has |
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| | been a material change of circumstances since “P’s” release and that the |
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| | criteria in section [Initial detention: criteria and duration] are met. |
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| | (4) | In this Act, “relevant detention power” means a power to detain under— |
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| | (a) | paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of |
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| | persons liable to examination or removal); |
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| | (b) | paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending |
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| | (c) | section 62 of the Nationality, Immigration and Asylum Act 2002 |
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| | (detention of persons liable to examination or removal); or |
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| | (d) | section 36(1) of UK Borders Act 2007 (detention pending deportation). |
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| | (5) | In this Act, “relevant time” means the time at which “P” is first detained under a |
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| | relevant detention power. |
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| | (6) | This section does not apply to a person in respect of whom the Secretary of State |
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| | has certified that the decision to detain is or was taken in the interests of national |
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| 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 | Anna Soubry | Joan Ryan | Mr Barry Sheerman | Mr Dominic Grieve | Stephen Doughty | Sir Vince Cable | Mrs Pauline Latham | Steve Double | Stephen Twigg | Mr Gavin Shuker | Jeremy Lefroy | Maria Caulfield |
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| | To move the following Clause— |
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| | | “Initial detention: criteria and duration |
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| | (1) | The Secretary of State may not detain any person (“P”) to whom section [Time |
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| | limit on immigration detention] applies, under a relevant detention power other |
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| | than for the purposes of examination, unless the Secretary of State is satisfied |
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| | (a) | “P” can be shortly removed from the United Kingdom; |
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| | (b) | detention is strictly necessary to affect the “P”’s deportation or removal |
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| | from the United Kingdom; and |
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| | (c) | the detention of “P” is in all circumstances proportionate. |
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| | (2) | The Secretary of State may not detain any person (“P”) who section [Time limit |
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| | on immigration detention] applies to under a relevant detention power for a |
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| | period of more than 96 hours from the relevant time, unless— |
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| | (a) | “P” has been refused bail at an initial bail hearing in accordance with |
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| | subsection (5)(b) of section [Bail hearings]; or |
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| | (b) | the Secretary of State has arranged a reference to the Tribunal for |
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| | consideration of whether to grant immigration bail to “P” in accordance |
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| | with subsection (2)(c) of clause[Bail hearings] and that hearing has not |
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| | (3) | Nothing in subsection (2) shall authorise the Secretary of State to detain “P” |
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| | under a relevant detention power if such detention would, apart from this section, |
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| | (4) | In this section, “Tribunal” means the First-Tier Tribunal. |
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| | (5) | In this section, “relevant detention power” has the meaning given in section [Time |
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| | limit on immigration detention].” |
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| 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 | Anna Soubry | Joan Ryan | Mr Barry Sheerman | Mr Dominic Grieve | Stephen Doughty | Sir Vince Cable | Mrs Pauline Latham | Steve Double | Stephen Twigg | Mr Gavin Shuker | Jeremy Lefroy |
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| | To move the following Clause— |
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| | (1) | This section applies to any person (“P”) to whom section [Time limit on |
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| | immigration detention] applies and who is detained under a relevant detention |
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| | (2) | Before the expiry of a period of 96 hours from the relevant time, the Secretary of |
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| | (b) | grant immigration bail to “P” under paragraph 1 of Schedule 10 to the |
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| | (c) | arrange a reference to the Tribunal for consideration of whether to grant |
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| | (3) | Subject to subsection (4), when the Secretary of State arranges a reference to the |
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| | Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“an |
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| | initial bail hearing”) which must commence within 24 hours of the time at which |
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| | (4) | If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bank |
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| | holiday, the Tribunal must hold an initial bail hearing on the next working day. |
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| | (5) | At the initial bail hearing, the Tribunal must— |
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| | (a) | grant immigration bail to “P” under paragraph 1 of Schedule 10 to the |
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| | (b) | refuse to grant immigration bail to “P”. |
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| | (6) | Subject to subsection (7), the Tribunal must grant immigration bail to “P” at a bail |
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| | hearing unless it is satisfied that the Secretary of State has established that the |
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| | criteria in subsection 1 of section [Initial detention: criteria and duration] are met |
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| | (a) | directions have been given for “P’s” removal from the United Kingdom |
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| | and such removal is to take place within 14 days; |
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| | (b) | a travel document is available for the purposes of “P’s” removal or |
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| | (c) | there are no outstanding legal barriers to removal. |
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| | (7) | Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State |
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| | has established that the criteria in subsection 1 of section [Initial detention: |
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| | criteria and duration] above are met and that there are very exceptional |
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| | circumstances which justify maintaining detention. |
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| | (8) | In subsection (6) above, “a bail hearing” includes— |
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| | (a) | an initial bail hearing under subsection (2) above; and |
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| | (b) | the hearing of an application for immigration bail under paragraph 1(3) |
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| | of Schedule 10 of the Immigration Act 2016. |
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| | (9) | In this section, “Tribunal” means the First-Tier Tribunal. |
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| | (10) | The Secretary of State shall provide to “P” or “P’s” legal representative, not more |
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| | than 24 hours after the relevant time, copies of all documents in the Secretary of |
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| | State’s possession which are relevant to the decision to detain. |
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| | (11) | At the initial bail hearing, the Tribunal shall not consider any documents relied |
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| | upon by the Secretary of State which were not provided to “P” or “P’s” legal |
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| | representative in accordance with subsection (10), unless— |
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| | (a) | “P” consents to the documents being considered; or |
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| | (b) | in the opinion of the Tribunal there is a good reason why the documents |
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| | were not provided to “P” or to “P’s” legal representative in accordance |
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| | (12) | The Immigration Act 2016 is amended as follows— |
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| | (a) | After paragraph 12(4) of schedule 10 insert— |
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| | “(4A) | Sub-paragraph (2) above does not apply if the refusal of bail |
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| | by the First tier Tribunal took place at an initial bail hearing |
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| | within the meaning of section [Bail hearings for EEA and |
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| | Swiss nationals] of the Immigration and Social Security Co- |
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| | ordination (EU Withdrawal) Act 2019.”.” |
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| 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 | Anna Soubry | Joan Ryan | Mr Barry Sheerman | Mr Dominic Grieve | Stephen Doughty | Crispin Blunt | Sir Vince Cable | Mrs Pauline Latham | Steve Double | Stephen Twigg | Mr Gavin Shuker | Jeremy Lefroy |
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| | To move the following Clause— |
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| | | “Commencement of detention provisions |
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| | (1) | Sections [Time limit on immigration detention] (save for subsection (1)(b)), |
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| | [Initial detention: criteria and duration] and [Bail hearings] come into force six |
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| | months after the day on which this Act is passed. |
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| | (2) | Subsection (1)(b) of section [Time limit on immigration detention] comes into |
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| | force on such day as the Secretary of State may by order appoint.” |
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| 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 | Ruth George | Nic Dakin | Heidi Allen | Jim Shannon | Jamie Stone | Layla Moran | Caroline Lucas | Tim Farron | Henry Smith | Mr Alistair Carmichael | Norman Lamb | Anna Soubry | Joan Ryan | Cat Smith | Mr Barry Sheerman | Mr Dominic Grieve | Stephen Doughty | Sir Vince Cable | Mrs Pauline Latham | Anneliese Dodds | Steve Double | Stephen Twigg | Mr Gavin Shuker | Jeremy Lefroy | Maria Caulfield |
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| | To move the following Clause— |
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| | | “Time limit on immigration detention for EEA and Swiss nationals |
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| | (1) | For the purpose of this section, a person (“P”) is defined as— |
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| | (a) | any person who, immediately before the commencement of Schedule 1, |
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| | |
| | (i) | residing in the United Kingdom in accordance with the |
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| | Immigration (European Economic Area) Regulations 2016; |
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| | (ii) | residing in the United Kingdom in accordance with a right |
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| | conferred by or under any of the other instruments which is |
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| | repealed by Schedule 1; or |
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| | (iii) | otherwise residing in the United Kingdom in accordance with |
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| | any right derived from European Union law which continues, by |
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| | virtue of section 4 of the EU Withdrawal Act 2018, to be |
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| | recognised and available in domestic law after exit day; |
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