Immigration Bill

MARSHALLED
LIST OF Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 3rd March 2014, as follows—

Clauses 1 and 2
Schedule 1
Clauses 3 to 8
Schedule 2
Clauses 9 to 15
Schedule 3
Clauses 16 to 47
Schedule 4
Clauses 48 and 49
Schedule 5
Clauses 50 to 54
Schedule 6
Clauses 55 to 58
Schedule 7
Clauses 59 to 61
Schedule 8
Clauses 62 to 66
Schedule 9
Clauses 67 to 70

[Amendments marked * are new or have been altered]

Clause 1

BARONESS HAMWEE

LORD AVEBURY

1

Page 1, line 10, at end insert “and the Secretary of State has given the person notice
in writing of the date and approximate time of their removal”

BARONESS SMITH OF BASILDON

LORD ROSSER

2*

Page 1, line 10, at end insert “and the Secretary of State has given the person
written notice of his or her liability to removal”

LORD TAYLOR OF HOLBEACH

3

Page 2, line 16, at end insert—

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

BARONESS HAMWEE

LORD AVEBURY

4

Page 2, leave out lines 28 and 29 and insert “the notice to be given to a family
member who is to be removed, and—”

BARONESS O’LOAN

BARONESS LISTER OF BURTERSETT

5*

Page 2, line 28, leave out “whether” and insert “where”

6*

Page 2, line 28, leave out “to be”

7*

Page 2, line 29, leave out “and, if so”

BARONESS SMITH OF BASILDON

LORD ROSSER

8

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.”

After Clause 1

LORD TAYLOR OF HOLBEACH

9

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.””

10*

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 who is living in the United Kingdom 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,

(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.”.”

LORD AVEBURY

BARONESS HAMWEE

11*

Insert the following new Clause—

“Short-term holding facilities rules

(1)     Within six months of the passing of this Act, the Secretary of State must
make rules for the regulation and management of facilities maintained for
the purpose of the detention of a detainee for a period up to 7 days (“short-
term holding facilities”).

(2)     Short-term holding facilities rules may, among other things, make
provision with respect to the safety, care, health, activities, discipline and
control of detained persons.”

Clause 2

BARONESS SMITH OF BASILDON

LORD ROSSER

12

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.”

Schedule 1

LORD ROBERTS OF LLANDUDNO

LORD RAMSBOTHAM

13

Page 56, line 12, leave out paragraph 5

Before Clause 3

LORD TAYLOR OF HOLBEACH

14

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.”.”

15

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.”.”

BARONESS HAMWEE

LORD AVEBURY

16

Insert the following new Clause—

“Presumption of liberty

(1)     In the event of an application for bail from detention, an immigration office
or the First-tier Tribunal must release the detained person on bail unless the
First-tier Tribunal is satisfied that there are substantial grounds for belief
that if released the person would—

(a)   fail to comply with one or more of the conditions of bail or of any
recognisance or bond, or

(b)   while on bail commit an offence which is punishable by
imprisonment.

(2)     In subsection (1), “detention” has the same meaning as in Schedules 2 and
3 to the Immigration Act 1971.”

Clause 3

LORD ROBERTS OF LLANDUDNO

THE LORD BISHOP OF NEWCASTLE

LORD RAMSBOTHAM

17

Page 2, line 39, at end insert—

“( )     In paragraph 16 (detention of persons liable to examination or removal)
after sub-paragraph (4) insert—

“(5)     A person detained under this paragraph must be released on bail in
accordance with paragraph 22 after no later than the twenty-eighth
day following that on which the person was detained.”.”

BARONESS SMITH OF BASILDON

LORD ROSSER

18

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.”

LORD ROBERTS OF LLANDUDNO

LORD RAMSBOTHAM

19

Page 3, line 7, leave out subsection (3) and insert—

“(3)     In paragraph 22 (bail) at the end insert—

“(4)     The following provisions apply if a person is detained under any
provision of this Act—

(a)   the Secretary of State must arrange a reference to the First-
tier Tribunal for it to determine whether the detained
person should be released on bail;

(b)   the Secretary of State must secure that a first reference to the
First-tier Tribunal is made no later than the eighth day
following that on which the detained person was detained;

(c)   if the detained person remains in detention, the Secretary of
State must secure that a second reference to the First-tier
Tribunal or Commission is made no later than the thirty-
sixth day following that on which the detained person was
detained;

(d)   the First-tier Tribunal hearing a case referred to it under this
section must proceed as if the detained person had made an
application to it for bail; and

(e)   the First-tier Tribunal must determine the matter—

(i)   on a first reference, before the tenth day following
that on which the person concerned was detained;
and

(ii)   on a second reference, before the thirty-eighth day
following that on which he was detained.

(5)     For the purposes of this paragraph, “First-tier Tribunal” means—

(a)   if the detained person has brought an appeal under the
Immigration Acts, the chamber of the First-tier Tribunal
dealing with his appeal; and

(b)   in any other case, such chamber of the First-tier Tribunal as
the Secretary of State considers appropriate.

(6)     In case of a detained person to whom section 3(2) of the Special
Immigration Appeals Commission Act 1997 applies (jurisdiction in
relation to bail for persons detained on grounds of national
security) a reference under sub-paragraph (3)(a) above, shall be to
the Commission and not to the First-tier Tribunal.

(7)     Rules made by the Lord Chancellor under section 5 of the Special
Immigration Appeals Commission Act 1997 may include provision
made for the purposes of this paragraph.”.”

BARONESS HAMWEE

LORD AVEBURY

BARONESS BARKER

20

Page 3, line 30, at end insert—

“( )     In paragraph 30 (restrictions on grant of bail pending appeal) omit sub-
paragraph (2)(d) and (e).”

BARONESS HAMWEE

LORD AVEBURY

21

Page 3, line 31, leave out subsection (6)

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

22

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

Clause 8

BARONESS HAMWEE

LORD AVEBURY

23

Page 5, leave out lines 27 to 29

Clause 10

BARONESS HAMWEE

LORD AVEBURY

24

Page 6, line 41, leave out “or injury”

BARONESS SMITH OF BASILDON

LORD ROSSER

25

Page 7, leave out lines 1 to 3

Clause 11

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

BARONESS WARWICK OF UNDERCLIFFE

26

Page 8, line 30, at end insert—

“(d)   P is registered in full time undergraduate or postgraduate
study at a recognised higher education institution”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

27

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

28

Insert the following new Clause—

“Right of appeal: impact assessment

Before making an order under section 68 to bring into force section 11 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.”

29

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.”

BARONESS HAMWEE

LORD AVEBURY

30*

Insert the following new Clause—

“Administrative review

(1)     Section 11 shall not come into force until a draft of an instrument making
provision for the conduct of the review of decisions the subject of that
section has been laid before each House of Parliament and approved by
each House of Parliament.

(2)     Provision under the instrument shall include—

(a)   procedures for reviews to be agreed by independent persons;

(b)   oversight of reviews by an independent person;

(c)   reports to Parliament by the independent person.

(3)     Section 11 shall lapse five years after the date it comes into force unless it is
continued by an order made by the Secretary of State subject to annulment
in pursuance of a resolution of either House of Parliament.”

Clause 12

BARONESS HAMWEE

LORD AVEBURY

31*

Page 10, line 31, at end insert—

“( )     An appeal to which subsection (3) applies must be brought from
within the United Kingdom if there is a child of the appellant in the
United Kingdom.”

32*

Page 11, line 30, leave out “include (in particular)” and insert “are”

Clause 14

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

THE LORD BISHOP OF ST ALBANS

33

Page 12, line 25, at end insert—

“(za)   first, to the best interests of any child affected by a decision
as specified in section 117A(1),”

LORD MACKAY OF DRUMADOON

34*

Page 12, line 37, at end insert “Welsh or Gaelic”

35*

Page 12, line 38, at end insert “, Welsh or Gaelic”

36*

Page 12, line 40, leave out “better” and insert “likely to be”

37*

Page 13, line 4, leave out from “taxpayers,” to end of line 4

LORD PANNICK

LORD HOPE OF CRAIGHEAD

38

Page 13, leave out lines 5 to 11

LORD HYLTON

39*

Page 13, leave out lines 10 and 11

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

THE LORD BISHOP OF ST ALBANS

40

Page 13, line 15, leave out “qualifying”

LORD PANNICK

LORD HOPE OF CRAIGHEAD

41

Page 13, leave out lines 23 to 39

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

THE LORD BISHOP OF ST ALBANS

42

Page 13, line 34, leave out “qualifying”

43

Page 13, line 35, leave out “unduly harsh” and insert “disproportionate”

LORD PANNICK

LORD HOPE OF CRAIGHEAD

44

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

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

THE LORD BISHOP OF ST ALBANS

45

Page 14, leave out lines 3 to 7

LORD PANNICK

LORD HOPE OF CRAIGHEAD

46

Page 14, leave out lines 32 to 48

After Clause 14

BARONESS HAMWEE

LORD TEVERSON

47*

Insert the following new Clause—

“Assessment of financial circumstances

When the financial circumstances of an applicant who seeks to enter or
remain in the United Kingdom are to be considered account shall be taken
of—

(a)   the national minimum wage,

(b)   the benefit to taxpayers and to society of the applicant acting as a
carer,

(c)   the applicant’s prospects of employment (including likely
earnings),

(d)   the prospects of employment (including likely earnings) of the
spouse or partner of the applicant, and

(e)   the interests of any child of the applicant who as a result of the
refusal of the application may be separated from a parent.”

Before Clause 15

THE EARL OF LISTOWEL

48

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.”

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

BARONESS WARWICK OF UNDERCLIFFE

49

Insert the following new Clause—

“Exemptions to Part 3

No restrictions on access to tenancies, bank accounts, driving licences or
other services, or charges for services, under this Part shall apply to
persons—

(a)   holding Tier 4 (General) visas sponsored by a recognised higher
education institution, or

(b)   holding Tier 2 visa and registered in full time undergraduate or
postgraduate study at a recognised higher education institution.”

Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

50

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

 


The above-named Lords give notice of their intention to oppose the Question that Clause 15
stand part of the Bill.

After Clause 15

BARONESS SMITH OF BASILDON

LORD ROSSER

51

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.”

Schedule 3

BARONESS HAMWEE

52

Page 61, line 31, leave out from “occupation” to end of line 12 on page 62 and insert
“in residential premises between—

(a)   landlord, as defined in subsection (3) of section 15; and

(b)   an applicant for a Tier 4 visa holding a Certificate of Acceptance
of Studies issued by a body listed in the schedule to the
Education (Recognised Bodies) (England) Order 2013 (S.I. 2013/
2992)”

53

Page 61, line 33, leave out from “students” to end of line 12 on page 62

54

Page 62, line 1, leave out from “that” to end of line 4 and insert “agreements with
one or more institutions or bodies of the kind mentioned in sub-paragraph (2) have
the effect that the majority of the persons who are to occupy the accommodation
in the building are students”

Clause 16

THE EARL OF LISTOWEL

55

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 28

LORD MACKAY OF DRUMADOON

56*

Page 24, line 31, at end insert—

“( )   the Scottish Human Rights Commission,”

Clause 33

LORD PATEL

57

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.”

58

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

BARONESS CUMBERLEGE

59

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

60

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

LORD STEVENSON OF BALMACARA

61

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.”

After Clause 33

BARONESS MEACHER

BARONESS FINLAY OF LLANDAFF

LORD ALTON OF LIVERPOOL

BARONESS MASHAM OF ILTON

62

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

63

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 subsection (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).”

LORD RAMSBOTHAM

BARONESS MASHAM OF ILTON

64

Page 28, line 13, at end insert—

“( )     No person shall be charged for services to which NHS charging provisions
apply where those services are provided while the person is a detained
person.

( )     No person shall be charged for services to which NHS charging provisions
apply where those services are provided in continuation of treatment
commenced while the person was a detained person.

( )     In this section “detained person” shall have the same meaning as in Part
VIII of the Immigration and Asylum Act 1999.”

THE EARL OF LISTOWEL

BARONESS MASHAM OF ILTON

65

Page 28, line 23, at end insert—

“( )     Notwithstanding subsection (1), for the purposes of NHS charging
provisions persons who are pregnant are to be treated as ordinarily
resident.”

After Clause 34

BARONESS MEACHER

66

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.”

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

67

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.”.”

68

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.”

69

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.”.”

70

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.”.”

LORD ROBERTS OF LLANDUDNO

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NEWCASTLE

71

Insert the following new Clause—

“Permission to work

After section 3(9) of the Immigration Act 1971 insert—

“(10)    In making rules under subsection (2), the Secretary of State must
have regard to the following.

(11)     Rules must provide for persons seeking asylum, within the
meaning of the rules, to apply to the Secretary of State for
permission to take up employment and that permission must be
granted if—

(a)   a decision has not been taken on the applicant’s asylum
application within six months of the date on which it was
recorded, or

(b)   an individual makes further submissions which raise
asylum grounds and a decision on that fresh claim or to
refuse to treat such further submissions as a fresh claim has
not been taken within six months of the date on which they
were recorded.

(12)     Permission for a person seeking asylum to take up employment
shall be on terms no less favourable than those upon which
permission is granted to a person recognised as a refugee to take up
employment.”.”

72

Insert the following new Clause—

“Support for prescribed groups

(1)     Section 4 of the Immigration and Asylum Act 1999 (accommodation) is
amended as follows.

(2)     In subsection (1), for “facilities for the accommodation” substitute
“support”.

(3)     In subsection (2), for “facilities for the accommodation” substitute
“support”.

(4)     In subsection (3), for “facilities for the accommodation of a dependant of a
person for whom facilities” substitute “support of a dependant of a person
for whom support”.

(5)     In subsection (5)—

(a)   in paragraph (a), for “accommodation” substitute “support” in both
occurrences; and

(b)   in paragraph (b), for “accommodation” substitute “support” in both
occurrences.

(6)     In subsection (6)—

(a)   in paragraph (a), for “accommodation” substitute “support”;

(b)   in paragraph (b), for “accommodation” substitute “support”; and

(c)   in paragraph (c), for “accommodation” substitute “support” in both
occurrences.

(7)     For subsections (10) and (11) substitute—

“(10)    “Support” means—

(a)   accommodation appearing to the Secretary of State to be
adequate for the needs of the supported person and his
dependants;

(b)   food or other essential items;

(c)   the means to enable the supported person to meet what
appear to the Secretary of State to be expenses (other than
legal expenses or other expenses of a prescribed
description) incurred in connection with his claim for
asylum or leave to remain in the UK;

(d)   the means for the supported person and his dependants to
attend bail proceedings in connection with his detention
under any provision of the Immigration Acts; or

(e)   the means to enable the supported person and his
dependants to attend bail proceedings in connection with
the detention of a dependant of his under any such
provision.

(11)     If the Secretary of State considers that the circumstances of a
particular case are exceptional, such other resources as he considers
necessary to enable the supported person and his dependants to be
supported.”.”

Clause 48

LORD MACKAY OF DRUMADOON

73*

Page 38, line 29, at end insert—

“( )     The Secretary of State must consult the Scottish Ministers before making an
order under subsection (1)(a) or (b) which extends the referral and
investigation scheme to proposed marriages or civil partnerships under the
law of Scotland.”

Clause 60

BARONESS SMITH OF BASILDON

LORD ROSSER

74

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.

(4C)    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.

(4D)    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).

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

(4F)    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.

(4G)    In any other case, the court may give permission under this
section.”

LORD LESTER OF HERNE HILL

LORD PANNICK

75*

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

(c)   the deprivation of citizenship is a necessary and
proportionate response to such conduct”

76*

Page 47, line 40, at end insert—

“(c)   in the circumstances of the particular case the deprivation of
citizenship is consistent with the UK’s obligations under
international law.”

77*

Page 48, line 1, after “State” insert “must take into account the best interests of any
child affected by the decision”

78*

Page 48, line 1, leave out from “State” to end of line 2

BARONESS SMITH OF BASILDON

LORD ROSSER

79

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).”

LORD PANNICK

 

Lord Pannick gives notice of his intention to oppose the Question that Clause 60 stand part
of the Bill
.

After Clause 64

BARONESS HAMWEE

LORD CLEMENT-JONES

BARONESS BRINTON

BARONESS BENJAMIN

80*

Insert the following new Clause—

“Report regarding study-related immigration

(1)     The Secretary of State shall publish and lay before Parliament annually a
report relating to the year in question regarding study-related
immigration.

(2)     A report under subsection (1) must include—

(a)   the number of applications to enter the United Kingdom on student
visas,

(b)   the number of applicants who entered the United Kingdom on
student visas,

(c)   the number of applications for student visas rejected,

(d)   the estimated number of people who departed from the United
Kingdom having held a student visa,

(e)   information concerning numbers of applications and applicants
relating to visas for all forms of managed migration for the purpose
of assessing study-related immigration and other immigration as
proportions of total immigration, and

(f)   any other information that the Secretary of State considers
appropriate.

(3)     The first report under this section shall be published within 12 months of
the coming into force of this Act and shall relate to the period of one year
expiring not more than three months before publication.

(4)     The second and subsequent reports under this section shall be published
within 12 months of the publication of the previous report.

(5)     In this section—

(a)   “student visa” means any person—

(i)   holding a Tier 4 (General) visa sponsored by a recognised
higher education institution, or

(ii)   holding a Tier 2 visa and registered in full time
undergraduate or postgraduate study at a recognised
higher education institution,

(b)   “managed migration” means migration on the basis of a visa.”

THE EARL OF LISTOWEL

LORD STOREY

81*

Insert the following new Clause—

“Welfare of children: asylum seekers

(1)     Schedule 3 to the Nationality, Immigration and Asylum Act 2002
(withholding and withdrawal of support) is amended as follows.

(2)     In paragraph 6(1), after “person” insert “who entered the United Kingdom
as an adult”.

(3)     In paragraph 7, after “person” insert “who entered the United Kingdom as
an adult”.”

Schedule 9

LORD TAYLOR OF HOLBEACH

82

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),”.”

83

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”.”

84

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”.”

85

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”.”

86

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,”.”

87

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”.”

Clause 68

LORD ROBERTS OF LLANDUDNO

88*

Page 52, line 41, at end insert—

“( )     Section 1 and Part II of this Act shall come into force on a day to be
appointed, that day being no earlier than the day on which an order made
by the Lord Chancellor under section 9(2)(a) of the Legal Aid, Sentencing
and Punishment of Offenders Act 2012 in respect of civil legal services in
connection with removal under Section 1 and appeals under Part II comes
into effect.

( )     The order must make provision for persons under 25 who entered the
United Kingdom as a child.

( )     For the purposes of this Part, child means a person under 18.”

Prepared 28th February 2014