Immigration Bill

Amendments
to be moved
in committee

Clause 1

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 2, line 32, at end insert—

“(7)     Regulations under subsection (6)—

(a)   shall be made by statutory instrument, and

(b)   may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.”

Clause 2

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 2, line 35, at end insert—

“(2)     The enforcement powers provided for in Schedule 1 are subject to
oversight by—

(a)   the Chief Inspector of Borders and Immigration,

(b)   the Independent Police Complaints Commission, and

(c)   HM Inspector of Prisons.”

Clause 3

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 3, line 6, at end insert—

“(5)     In deciding whether to give consent to bail, the Secretary of State
will consider whether the applicant is pregnant.”

Clause 5

BARONESS SMITH OF BASILDON

LORD ROSSER

 


The above-named Lords give notice of their intention to oppose the Question that Clause 5
stand part of the Bill.

Clause 6

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 5, line 10, after “citizen” insert “or after three years”

Clause 10

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 7, leave out lines 1 to 3

Clause 11

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 10, line 1, at end insert—

“(6)     This section shall not come into force until a draft statutory instrument is
laid before, and approved by resolution of, each House of Parliament.

(7)     An order under subsection (6) may not be made until—

(a)   a report is made by the Independent Chief Inspector of Borders and
Immigration on entry clearance decision-making in the UK Border
Agency for entry clearance and managed migration; and

(b)   the Secretary of State is satisfied that decision-making for entry
clearance and managed migration is—

(i)   efficient;

(ii)   effective; and

(iii)   fair.”

 


The above-named Lords give notice of their intention to oppose the Question that Clause 11
stand part of the Bill.

After Clause 11

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Insert the following new Clause—

“Right of appeal: impact assessment

Before making an order under section 68 (commencement) to bring into
force section 11 (right of appeal to First-tier Tribunal) the Secretary of State
must—

(a)   undertake an impact assessment of—

(i)   the number of appeals effected by the provisions of section
11; and

(ii)   the costs attributable to appeals to First-tier Tribunals; and

(b)   lay a copy of a report on that impact assessment before Parliament.”

 

Insert the following new Clause—

“Review of appeals process

The Secretary of State shall, no later than 12 months following the passing
of this Act, produce and lay before both Houses of Parliament a review of
the number of people successfully deported within a calendar year of the
decisions under sections 11 to 14.”

Before Clause 15

THE EARL OF LISTOWEL

 

Insert the following new Clause—

“Pregnancy exemption

Any—

(a)   restriction on eligibility for services, or

(b)   charge,

in this Part shall not apply to any person who is pregnant.”

Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 15, line 10, at end insert “subject to the provisions set out in section (Pilot of
residential housing provisions
)”

After Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Insert the following new Clause—

“Pilot of residential housing provisions

(1)     The Secretary of State may by order (the “pilot order”) appoint a day on
which sections 15 to 32 are to come into force in respect of an area or areas
specified in the order.

(2)     The Secretary of State may make one order only.

(3)     An order to which subsection (1) applies may be made only if a draft of it
has been laid before and approved by a resolution of both Houses of
Parliament.

(4)     Sections 15 to 32 of this Act come into force on the day after the Secretary
of State has—

(a)   laid before Parliament a report setting out an evaluation of the pilot
ordered under subsection (1); and

(b)   a draft of the order has been laid before and approved by a
resolution of both Houses of Parliament by the end of the 2014-15
session of Parliament.”

Clause 16

THE EARL OF LISTOWEL

 

Page 16, line 2, at end insert—

“( )     A person who is pregnant is exempt from a disqualification under
subsection (1) and retains their “right to rent” under subsection (2).”

Clause 33

LORD PATEL

 

Page 27, line 13, at end insert—

“( )     No order made under subsection (1) shall include persons—

(a)   holding a Tier 4 (General) visa, or

(b)   holding a Tier 2 visa and registered in full time undergraduate or

postgraduate study at a recognised higher education institution.”

 

Page 27, line 24, leave out from “charge” to end of line 25

THE EARL OF LISTOWEL

BARONESS CUMBERLEGE

 

Page 27, line 32, at end insert—

“( )     An order under this section must provide for persons who are pregnant to
be exempt from any charge.”

LORD PATEL

 

Page 27, line 32, at end insert—

“( )     An order under this section must provide for—

(a)   persons who are pregnant, and

(b)   children under the age of 18

to be exempt from any charge.”

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 27, line 36, at end insert—

“(4A)    The Secretary of State will, within 12 months of the passing of this Act, lay
before the House a report on the sums collected under this section and the
expenditure thereof.”

Clause 39

BARONESS SMITH OF BASILDON

LORD ROSSER

 


The above-named Lords give notice of their intention to oppose the Question that Clause 39
stand part of the Bill.

After Clause 40

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Insert the following new Clause—

“Recruitment agencies: local workforce

In section 5 of the Employment Agencies Act 1973 (general regulations),
after subsection (2) insert—

“(2A)    The Secretary of State may by order prohibit UK based agencies, as
defined in this section, from including only people not ordinarily
resident in the UK as their clients.””

 

Insert the following new Clause—

“Review of the labour market, housing and equality

(1)     The Secretary of State will, no later than 12 months following the passing
of this Act, produce an assessment of the impact of European immigration
to the UK with specific reference to non-compliance with and enforcement
of the—

(a)   National Minimum Wage Act 1998;

(b)   Gangmasters Licensing Act 2004;

(c)   Equalities Act 2010; and

(d)   Housing Act 2004.

(2)     The review shall assess the impact of each Act in relation to European
Community immigration and shall make recommendations to the
Secretary of State for Business, Innovation and Skills, the Home Secretary
and the Minister of State in the Cabinet Office with a copy of the report
being placed in the library of each House of Parliament.”

 

Insert the following new Clause—

“Employment of an adult subject to immigration control: penalty

In section 15 of the Immigration, Asylum and Nationality Act 2006
(penalty), for subsection (2) substitute—

“(2)     The Secretary of State may give an employer who acts contrary to
this section a notice requiring him to pay a penalty of a specified
amount not exceeding the prescribed maximum and not below the
prescribed minimum.””

 

Insert the following new Clause—

“Gangmasters: licensing of activities

In section 3 of the Gangmasters (Licensing) Act 2004 (work to which this
Act applies), after paragraph (1)(c) insert—

“(d)   any further work which by order of the Secretary of State is
defined as relevant to this section.””

Clause 60

BARONESS SMITH OF BASILDON

LORD ROSSER

 

Page 47, line 40, at end insert “, and

(c)   the court gives the Secretary of State permission under
subsection (4B).

(4B)    This subsection applies if the Secretary of State—

(a)   makes the relevant decisions in relation to an individual in
a case which falls within subsection (4A);

(b)   makes an application to the court for permission to make an
order.

(2)     The application must set out how the deprivation is conducive to the public
good and how the person, while having that citizenship status, has
conducted himself or herself in a manner which is seriously prejudicial to
the vital interests of the United Kingdom, and of the islands, or any British
overseas territory.

(3)     The function of the court on the application is—

(a)   to determine whether the relevant decision of the Secretary of State
is obviously flawed, and

(b)   to determine whether to give permission to deprive a person of
citizenship in a case which falls within subsection (4A).

(4)     In determining the application, the court must apply the principles
applicable on an application for judicial review.

(5)     In a case where the court determines that a decision of the Secretary of State
in relation to the conditions set out in subsection (4A)(b) is obviously
flawed, the court may not give permission under this section.

(6)     In any other case, the court may give permission under this section.”

 

Page 48, line 2, at end insert—

“(3)     The court is the appropriate tribunal for the purposes of section 7 of the
Human Rights Act 1998 (proceedings).”

Prepared 12th February 2014