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1

 

House of Commons

 
 

Tuesday 26 February 2019

 

Public Bill Committee Proceedings

 

Immigration and Social Security


 

Co-ordination (EU Withdrawal) Bill


 

[First to Sixth Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

First and Second Sittings

 

Caroline Nokes

 

Agreed to

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 12

 

February) meet—

 

(a)  

at 2.00 pm on Tuesday 12 February; 

 

(b)  

at 11.30 am and 2.00 pm on Thursday 14 February;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 26 February;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 28 February;

 

(e)  

at 9.25 am and 2.00 pm on Tuesday 5 March;

 

(f)  

at 11.30 am and 2.00 pm on Thursday 7 March;


 
 

Public Bill Committee Proceedings: 26 February 2019        

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

 
 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 12 February

Until no later than

Professor Bernard Ryan,

 
  

10.30 am

Professor of Migration Law,

 
   

University of Leicester;

 
   

Professor Alan Manning, Chair

 
   

Migration Advisory Committee

 
 

Tuesday 12 February

Until no later than

Migration Watch UK

 
  

11.00 am

  
 

Tuesday 12 February

Until no later than

Joint Council for the Welfare of

 
  

11.25 am

Immigrants

 
 

Tuesday 12 February

Until no later than

Universities UK;

 
  

3.00 pm

TUC;

 
   

Royal College of Nursing;

 
 

Tuesday 12 February

Until no later than

Liberty;

 
  

4.00 pm

Justice

 
 

Tuesday 12 February

Until no later than

CBI

 
  

4.30 pm

  
 

Tuesday 12 February

Until no later than

Focus on Labour Exploitation

 
  

5.00 pm

  
 

Thursday 14 February

Until no later than

Detention Action;

 
  

12.30 pm

The Children‘s Society;

 
   

Immigration Law Practitioners’

 
   

Association;

 
   

Deloitte LLP;

 
   

Amnesty International UK

 
 

Thursday 14 February

Until no later than

Hilary Brown, Director, Virgo

 
  

1.00 pm

Consultancy Services;

 
   

Martin Hoare, Senior Partner, H

 
   

& S Legal Solicitors

 
 

Thursday 14 February

Until no later than

National Farmers Union

 
  

2.30 pm

Scotland

 
 

Thursday 14 February

Until no later than

Professor Steven Peers,

 
  

3.00 pm

Professor of EU, Human Rights

 
   

and World Trade Law,

 
   

University of Essex

 
 

Thursday 14 February

Until no later than

Professor Stijn Smismans,

 
  

3.30 pm

Director of the Cardiff Centre

 
   

for European Law and

 
   

Governance;

 
   

The 3 Million

 
 

Thursday 14 February

Until no later than

Institute for Government

 
  

4.30 pm

  
 

Thursday 14 February

Until no later than

British in Europe

 
  

5.00 pm

  

 
 

Public Bill Committee Proceedings: 26 February 2019        

3

 

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

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clause 1; Schedule 1; Clauses 2 to 5; Schedules 2 and 3;

 

Clauses 6 and 7; new Clauses; new Schedules; remaining proceedings on the

 

Bill;

 

(4)  

the proceedings shall (so far as not previously concluded) be brought to a

 

conclusion at 5,00 pm on Thursday 7 March.

 


 

Caroline Nokes

 

That, at this and any subsequent meeting at which oral evidence is to be heard, the

 

Committee shall sit in private until the witnesses are admitted.

 

Agreed to

 

Caroline Nokes

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

Agreed to

 


 

The following witnesses gave oral evidence:

 


 

Professor Bernard Ryan, Professor of Migration Law, University of Leicester; Professor Alan

 

Manning, Chair, Migration Advisory Committee.

 


 

Lord Green of Deddington, Chair, Migration Watch; Dr Benedict Greening, Head of Research,

 

Migration Watch.

 


 

Chai Patel, Legal Policy Director, Joint Council for the Welfare of Immigrants.

 


 

Viviene Stern, Director, Universities UK; Rosa Crawford, Policy Officer, Trades Union Congress;

 

Professor Dame Donna Kinnair, Acting Chief Executive and General Secretary, Royal College of

 

Nursing.

 


 

Gracie Bradley, Policy and Campaigns Manager, Liberty; Jodie Blackstock, Legal Director,

 

Justice.

 


 

Matthew Fell, Chief of UK Policy Director, Confederation of British Industry.

 


 

Caroline Robinson, Chief Executive, Focus on Labour Exploitation; Meri Ahlberg, FLEX

 

Research Officer, Focus on Labour Exploitation.

 



 
 

Public Bill Committee Proceedings: 26 February 2019        

4

 

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

 
 

Third and Fourth Sittings

 

The following witnesses gave oral evidence:

 


 

Bella Sankey, Director, Detention Action; Ilona Pinter, Policy and Research Manager, The

 

Children‘s Society; Steve Valdez-Symonds, Refugee and Migrant Rights Programme Director,

 

Amnesty International UK; Adrian Berry, Chair, Immigration Law Practitioners’ Association;

 

Jurga McCluskey, Partner, Head of Immigration, Deloitte LLP.

 


 

Hilary Brown, Immigration Supervisor (Head of Department) and CEO of Virgo Consultancy

 

Services Ltd; Martin Hoare, Senior Partner, H&S Legal Solicitors.

 


 

James Porter, Horticulture Working Group Chairman, National Farmers Union Scotland.

 


 

Professor Steven Peers, Professor of EU, Human Rights and World Trade Law, University of

 

Essex.

 


 

Professor Stijn Smismans, Director of the Centre for European Law and Governance at Cardiff

 

University, The 3 Million.

 


 

Joe Owen, Associate Director, Institute for Government.

 


 

Jeremy Morgan QC, Vice-chair, British in Europe; Kalba Meadows, British in Europe.

 


 

Fifth and Sixth Sittings

 

Clause 1 Agreed to on division.

 

Schedule 1 Agreed to.

 

Stuart C. McDonald

 

Gavin Newlands

 

Withdrawn after debate  29

 

Clause  2,  page  1,  line  11,  at end insert—

 

“(1A)    

After section 2A insert—

 

“2B    

Family members of Irish citizens

 

    

Nothing in the Immigration Rules (within the meaning of this Act) shall

 

lay down any practice that treats or provides for the family members of

 

Irish citizens differently to the treatment or provision made for the family

 

member of British citizens.”

 

Stuart C. McDonald

 

Gavin Newlands

 

Negatived on division  28

 

Clause  2,  page  2,  line  13,  at end insert—

 

“(6)    

The Secretary of State may not conclude that the deportation of an Irish citizen is

 

conducive to the public good under section 3(5)(a) unless he concludes that a

 

higher threshold is reached whereby deportation is in the public interest because

 

there are exceptional circumstances.

 

(7)    

No person of any nationality is liable for deportation under section 3(5)(b) where

 

he belongs to the family of an Irish citizen who is or has been ordered to be

 

deported, unless subsection (6) is satisfied in respect of that Irish citizen.


 
 

Public Bill Committee Proceedings: 26 February 2019        

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

 
 

(8)    

No Irish citizen is liable for deportation under section 3(6) where recommended

 

for deportation by a court empowered under this Act to do so unless, thereafter,

 

the Secretary concludes that his deportation is conducive to the public good in

 

accordance with subsection (6).

 

(9)    

An Irish citizen may not be deported or excluded from the United Kingdom if

 

they are among the “people of Northern Ireland” entitled to identify as Irish

 

citizens by virtue of Article 1(vi) of the British-Irish Agreement of 1998.”

 

Clause Agreed to.

 

Clause 3 Agreed to.

 


 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

Withdrawn after debate  4

 

Clause  4,  page  2,  line  34,  leave out “appropriate” and insert “necessary”

 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

Negatived on division  1

 

Clause  4,  page  2,  line  34,  leave out “, or in connection with,”

 

Afzal Khan

 

Negatived on division  11

 

Clause  4,  page  3,  line  1,  leave out “make provisions applying” and insert “give

 

leave to enter the United Kingdom”

 

Stuart C. McDonald

 

Gavin Newlands

 

Afzal Khan

 

Not called  2

 

Clause  4,  page  3,  line  8,  leave out subsection (5)

 

Kate Green

 

Withdrawn after debate  8

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide that EEA nationals who are

 

employed as personal assistants using funding from a personal budget are exempt

 

from any minimum salary threshold that is set for work visa applications.

 

(5B)    

In this section, personal budget has the meaning set out in section 26 of the Care

 

Act 2014.”

 

Catherine West

 

Kate Green

 

Afzal Khan

 

Withdrawn after debate  19

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide that EEA nationals, and adult

 

dependants of EEA nationals, who are applying for asylum in the United


 
 

Public Bill Committee Proceedings: 26 February 2019        

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

 
 

Kingdom, may apply to the Secretary of State for permission to take up

 

employment if a decision at first instance has not been taken on the applicant’s

 

asylum application within six months of the date on which it was recorded.”

 

Afzal Khan

 

Negatived on division  20

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Any regulations made under subsection (1) which introduce a work visa scheme

 

for EEA nationals must be developed in consultation with trade union

 

representatives.

 

(5B)    

The Secretary of State must publish an impact assessment on workers’ rights for

 

any regulations made under subsection (1) which introduce a work visa scheme

 

for EEA nationals.”

 

Nic Dakin

 

Withdrawn after debate  22

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must not be made until the Secretary of State

 

has undertaken and published an impact assessment of the effect of the

 

regulations on the United Kingdom’s health, social care and medical research

 

sectors.

 

(5B)    

An impact assessment under subsection (5A) above must include, but is not

 

limited to, an assessment of the regulations impact on—

 

(a)    

the health and social care workforce;

 

(b)    

the cancer workforce; and

 

(c)    

the medical research workforce.

 

(5C)    

An impact assessment under subsection 1 must be laid before both Houses of

 

Parliament.”

 

Kate Green

 

Tim Loughton

 

Ms Harriet Harman

 

Withdrawn after debate  27

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Any regulations issued under subsection (1) which enable children of EEA or

 

Swiss nationals to be removed from the United Kingdom must include—

 

(a)    

a requirement to obtain an individual Best Interests Assessment before a

 

decision is made to remove the child; and

 

(b)    

a requirement to obtain a Best Interest Assessment in relation to any child

 

whose human rights may be breached by a decision to remove.

 

(5B)    

The assessment under subsection (5A) must cover, but is not limited to—

 

(a)    

the ascertainable wishes and feelings of the child concerned (considered

 

in the light of his or her age and understanding);

 

(b)    

the child’s physical, emotional and educational needs;

 

(c)    

the likely effects, including psychological effects, on the child of the

 

removal;

 

(d)    

the child’s age, sex, background and any characteristics of the child the

 

assessor considers relevant;

 

(e)    

any harm which the child is at risk of suffering if the removal takes place;

 

(f)    

how capable the parent facing removal with the child, and any other

 

person in relation to whom the assessor considers the question to be

 

relevant, is of meeting his or her needs;


 
 

Public Bill Committee Proceedings: 26 February 2019        

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

 
 

(g)    

the citizenship rights of the child including whether they may be stateless

 

and have rights to British citizenship.

 

(5C)    

The assessment must be carried out by a suitably qualified and independent

 

professional.

 

(5D)    

Psychological or psychiatric assessments must be obtained in appropriate cases.

 

(5E)    

The results of the assessment must be recorded in a written plan for the child.”

 

Stuart C. McDonald

 

Gavin Newlands

 

Withdrawn after debate  33

 

Clause  4,  page  3,  line  10,  at end insert—

 

“(5A)    

Regulations under subsection (1) must provide for admission of EU nationals as

 

spouses, partners and children of UK citizens and settled persons.

 

(5B)    

Regulations under subsection (1) may require that the EU nationals entering as

 

spouses, partners and children of UK citizens and settled persons can be

 

maintained and accommodated without recourse to public funds, but in deciding

 

whether that test is met, account must be taken of the prospective earnings of the

 

EU nationals seeking entry, as well as any third party support that may be

 

available.

 

(5C)    

Regulations under subsection (1) must not include any test of financial

 

circumstances beyond that set out in subsection (5B).”


 

 

Revised 26 February 2019