Immigration Bill

Amendments
to be moved
in Committee

Clause 1

LORD TAYLOR OF HOLBEACH

 

Page 2, line 16, at end insert—

“( )   paragraph 18B (detention of unaccompanied children);”

After Clause 1

LORD TAYLOR OF HOLBEACH

 

Insert the following new Clause—

“Restriction on removal of children and their parents etc

After section 78 of the Nationality, Immigration and Asylum Act 2002,
insert—

“78A          Restriction on removal of children and their parents etc

(1)     This section applies in a case where—

(a)   a child is to be removed from or required to leave the United
Kingdom, and

(b)   an individual who—

(i)   is a parent of the child or has care of the child, and

(ii)   is living in a household in the United Kingdom with
the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

(2)     During the period of 28 days beginning with the day on which the
relevant appeal rights are exhausted—

(a)   the child may not be removed from or required to leave the
United Kingdom; and

(b)   a relevant parent or carer may not be removed from or
required to leave the United Kingdom if, as a result, no
relevant parent or carer would remain in the United
Kingdom.

(3)     The relevant appeal rights are exhausted at the time when—

(a)   neither the child, nor any relevant parent or carer, could
bring an appeal under section 82 (ignoring any possibility of
an appeal out of time with permission), and

(b)   no appeal brought by the child, or by any relevant parent or
carer, is pending within the meaning of section 104.

(4)     Nothing in this section prevents any of the following during the
period of 28 days mentioned in subsection (2)—

(a)   the giving of a direction for the removal of a person from the
United Kingdom,

(b)   the making of a deportation order in respect of a person, or

(c)   the taking of any other interim or preparatory action.

(5)     In this section—

“child” means a person who is aged under 18;

references to a person being removed from or required to leave
the United Kingdom are to the person being removed or
required to leave in accordance with a provision of the
Immigration Acts.””

 

Insert the following new Clause—

“Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009,
insert—

“54A          Independent Family Returns Panel

(1)     The Independent Family Returns Panel is established.

(2)     The Secretary of State must consult the Independent Family
Returns Panel—

(a)   in each family returns case, on how best to safeguard and
promote the welfare of the children of the family, and

(b)   in each case where the Secretary of State proposes to detain
a family in pre-departure accommodation, on the suitability
of so doing, having particular regard to the need to
safeguard and promote the welfare of the children of the
family.

(3)     A family returns case is a case where—

(a)   a child is to be removed from or required to leave the United
Kingdom;

(b)   an individual who—

(i)   is a parent of the child or has care of the child, and

(ii)   is living in a household in the United Kingdom with
the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”); and

(c)   the child and the relevant parent or carer have entered the
United Kingdom within the meaning of section 11 of the
Immigration Act 1971.

(4)     The Secretary of State may by regulations make provision about—

(a)   additional functions of the Independent Family Returns
Panel,

(b)   its status and constitution,

(c)   the appointment of its members,

(d)   the payment of remuneration and allowances to its
members, and

(e)   any other matters in connection with its establishment and
operation.

(5)     Regulations under this section must be made by statutory
instrument.

(6)     An instrument containing regulations under this section is subject
to annulment in pursuance of a resolution of either House of
Parliament.

(7)     In this section—

“child” means a person who is under the age of 18;

“pre-departure accommodation” has the same meaning as in
Part 8 of the Immigration and Asylum Act 1999;

references to a person being removed from or required to leave
the United Kingdom are to the person being removed or
required to leave in accordance with a provision of the
Immigration Acts.””

Before Clause 3

LORD TAYLOR OF HOLBEACH

 

Insert the following new Clause—

“Restrictions on detention of unaccompanied children

(1)     Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc) is amended as follows.

(2)     In paragraph 16, after paragraph (2) insert—

“(2A)    But the detention of an unaccompanied child under sub-
paragraph (2) is subject to paragraph 18B.”

(3)     In paragraph 18, after sub-paragraph (1) insert—

“(1A)    But the detention of an unaccompanied child under paragraph
16(2) is subject to paragraph 18B.”

(4)     After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

“18B   (1)  Where a person detained under paragraph 16(2) is an
unaccompanied child, the only place where the child may be
detained is a short-term holding facility, except where—

(a)   the child is being transferred to or from a short-term
holding facility, or

(b)   sub-paragraph (3) of paragraph 18 applies.

(2)     An unaccompanied child may be detained under paragraph
16(2) in a short-term holding facility for a maximum period of 24
hours, and only for so long as the following two conditions are
met.

(3)     The first condition is that—

(a)   directions are in force that require the child to be removed
from the short-term holding facility within the relevant
24 hour period, or

(b)   a decision on whether or not to give directions is likely to
result in such directions.

(4)     The second condition is that the immigration officer under
whose authority the child is being detained reasonably believes
that the child will be removed from the short-term holding
facility within the relevant 24 hour period in accordance with
those directions.

(5)     An unaccompanied child detained under paragraph 16(2) who
has been removed from a short-term holding facility and
detained elsewhere may be detained again in a short-term
holding facility but only if, and for as long as, the relevant 24
hour period has not ended.

(6)     An unaccompanied child who has been released following
detention under paragraph 16(2) may be detained again in a
short-term holding facility in accordance with this paragraph.

“(7)     In this paragraph—

“relevant 24 hour period”, in relation to the detention of a
child in a short-term holding facility, means the period of
24 hours starting when the child was detained (or, in a
case falling within sub-paragraph (5), first detained) in a
short-term holding facility;

“short-term holding facility” has the same meaning as in
Part 8 of the Immigration and Asylum Act 1999;

“unaccompanied child” means a person—

(a)   who is under the age of 18, and

(b)   who is not accompanied (whilst in detention) by
his or her parent or another individual who has
care of him or her.””

 

Insert the following new Clause—

“Pre-departure accommodation for families

(1)     Part 8 of the Immigration and Asylum Act 1999 (removal centres and
detained persons) is amended as follows.

(2)     In section 147 (interpretation)—

(a)   after the definition of “custodial functions” insert—

““detained children” means detained persons who are
under the age of 18;”;

(b)   after the definition of “escort monitor” insert—

““pre-departure accommodation” means a place used
solely for the detention of detained children and
their families for a period of—

(a)   not more than 72 hours, or

(b)   not more than seven days in cases where the
longer period of detention is authorised
personally by a Minister of the Crown
(within the meaning of the Ministers of the
Crown Act 1975);”;

(c)   in the definition of “removal centre”, after “facility,” insert “pre-
departure accommodation,”;

(d)   in the definition of “short-term holding facility”, at the end insert—

“but which is not pre-departure accommodation.”

(3)     In section 155 (custodial functions and discipline), in subsection (2), at the
end insert “and in pre-departure accommodation”.

(4)     After section 157 insert—

“157A           Pre-departure accommodation

(1)     The following provisions of this Part apply to pre-departure
accommodation as they apply to removal centres—

(a)   section 149 (contracting out of certain removal centres);

(b)   section 150 (contracting out functions at directly managed
removal centres);

(c)   section 151 (intervention by Secretary of State).

(2)     In the application of those provisions to pre-departure
accommodation—

(a)   references to a removal centre contract are to be read as a
contract made under section 149(1) for the provision or
running of pre-departure accommodation;

(b)   references to a contracted out removal centre are to be read
as references to pre-departure accommodation in relation to
which a contract under section 149(1) is in force;

(c)   references to a directly managed removal centre are to be
read as references to pre-departure accommodation in
relation to which there is no contract under section 149(1) in
force;

(d)   references to removal centre rules are to be read as
references to rules made under subsection (4).

(3)     The Secretary of State may by regulations extend to pre-departure
accommodation any other provision made by or under this Part in
relation to removal centres.

(4)     The Secretary of State may make rules for the regulation and
management of pre-departure accommodation.””

Clause 14

LORD PANNICK

 

Page 13, leave out lines 5 to 11

 

Page 13, leave out lines 23 to 39

 

Page 13, line 40, leave out “(6)” and insert “(2)”

 

Page 14, leave out lines 32 to 48

After Clause 33

BARONESS MEACHER

 

Insert the following new Clause—

“Domestic abuse and female genital mutilation

No charge may be imposed for health services—

(a)   relating to injuries sustained as a result of domestic abuse as
defined in Home Office Circular 003/2013 “New government
domestic violence and abuse definition”, or

(b)   relating to injuries sustained as a result of female genital mutilation
as defined in the Female Genital Mutilation Act 2003.”

Clause 34

BARONESS CUMBERLEGE

 

Page 28, line 13, at end insert—

“(1A)    Notwithstanding subsection (1), any pregnant woman shall be treated as
ordinarily resident.

(1B)    However, subsection (1A) shall not apply where there is evidence the
woman has entered the UK for the purpose of obtaining health care.

(1C)    The Secretary of State shall provide guidance to relevant NHS bodies as to
the identification of persons to whom subsection (1B) applies; and the
relevant NHS bodies shall be required to comply with that guidance.

(1D)    Subject to the guidance provided under (1C), it shall be a matter for the
discretion of the relevant NHS bodies to determine whether there is
“evidence” within the meaning of subsection (1B).”

After Clause 34

BARONESS MEACHER

 

Insert the following new Clause—

“Guidance

The Secretary of State must provide information outlining details of the
charges for health services applicable to any individual—

(a)   at the point of their application for immigration permission as
defined in section 33, or

(b)   upon request.”

Schedule 9

LORD TAYLOR OF HOLBEACH

 

Page 103 , line 18, at end insert—

“Special Immigration Appeals Commission Act 1997 (c. 68)

In section 2 of the Special Immigration Appeals Commission Act 1997
(jurisdiction: appeals), in subsection (2), after paragraph (c) insert—

“(ca)   section 78A of that Act (restriction on removal of children
and their parents),”.”

 

Page 104 , line 21, at end insert—

“Prison Act 1952 (c. 52)

  (1)     Section 5A of the Prison Act 1952 (appointment and functions of Her
Majesty’s Chief Inspector of Prisons) is amended as follows.

(2)     In subsection (5A)—

(a)   omit “and” at the end of paragraph (b);

(b)   after paragraph (b) insert—


“(ba)   in relation to pre-departure accommodation
within the meaning of that section, and”.

(3)     In subsection (5B)—

(a)   in paragraph (a), after “facilities” insert “, accommodation”;

(b)   in paragraph (b)(i), after “facilities” insert “, pre-departure
accommodation”.”

 

Page 104 , line 21, at end insert—

“Immigration Act 1971 (c. 77)

In Schedule 3 to the Immigration Act 1971 (supplementary provisions as
to deportation), in paragraph 3, for “33” substitute “33A”.”

 

Page 104 , line 38, at end insert—

“Northern Ireland Act 1998 (c. 47)

In section 69C of the Northern Ireland Act 1998 (investigations: places of
detention), in subsection (3)(g), for “or short-term holding facility”
substitute “, a short-term holding facility or pre-departure
accommodation”.

Immigration and Asylum Act 1999 (c. 33)

  (1)     The Immigration and Asylum Act 1999 is amended as follows.

(2)     In Schedule 11 (detainee custody officers)—

(a)   in the heading above paragraph 3, at the end insert “and pre-
departure accommodation”;

(b)   in paragraph 3—


(i)   in sub-paragraph (1), after “facility” insert “or in pre-
departure accommodation”;


(ii)   in sub-paragraph (2), after “facility” (in both places) insert
“or accommodation”;

(c)   in paragraph 4(c), after “facility” insert “or in pre-departure
accommodation”;

(d)   in paragraph 5(c), after “facility” insert “or in pre-departure
accommodation”.

(3)     In Schedule 12 (discipline etc at removal centres)—

(a)   in paragraph 4 (assisting detained persons to escape)—


(i)   in sub-paragraph (1), for “or short-term holding facility”
substitute “, a short-term holding facility or pre-
departure accommodation”;


(ii)   in the opening words of sub-paragraph (2), for “or short-
term holding facility” substitute “, a short-term holding
facility or pre-departure accommodation”;


(iii)   in sub-paragraph (2)(a), for “or facility” substitute
“, facility or accommodation”;


(iv)   in sub-paragraph (2)(b), for “or facility” substitute
“, facility or accommodation”;


(v)   in sub-paragraph (2)(c), for “or facility” substitute
“, facility or accommodation”;

(b)   in paragraph 8 (notice of penalties)—


(i)   in sub-paragraph (1), after “facility” insert “or contracted
out pre-departure accommodation”;


(ii)   in sub-paragraph (2), after “facility” insert “or pre-
departure accommodation”.”

 

Page 104 , line 38, at end insert—

“Nationality, Immigration and Asylum Act 2002 (c. 41)

In section 62 of the Nationality, Immigration and Asylum Act 2002
(detention by Secretary of State), in subsection (3), after paragraph (a)
insert—

“(aa)   a reference in paragraph 18B of that Schedule to an
immigration officer shall be read as a reference to the
Secretary of State,”.”

 

Page 104 , line 38, at end insert—

“Safeguarding Vulnerable Groups Act 2006 (c. 47)

In section 59 of the Safeguarding Vulnerable Groups Act 2006
(vulnerable adults), in subsection (7)(d), after “facility” insert “or in pre-
departure accommodation”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

In section 2 of the Corporate Manslaughter and Corporate Homicide Act
2007 (meaning of “relevant duty of care”)—

(a)   in subsection (2)(b), for “or short-term holding facility” substitute
“, a short-term holding facility or in pre-departure
accommodation”;

(b)   in subsection (7), for “and “short-term holding facility””
substitute “, “short-term holding facility” and “pre-departure
accommodation””.

UK Borders Act 2007 (c. 30)

In section 48 of the UK Borders Act 2007 (establishment of border and
immigration inspectorate), in subsection (2A)(a), after “facilities” insert
“and in pre-departure accommodation”.”

Prepared 25th February 2014