Immigration Bill

second
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 11 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]

After Clause 11

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.”

LORD PANNICK

BARONESS LISTER OF BURTERSETT

31A*

Page 11, leave out lines 13 to 33

BARONESS HAMWEE

LORD AVEBURY

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

BARONESS LISTER OF BURTERSETT

38A*

Page 13, line 5, leave out “Little weight should be given to” and insert “Whether”

38B*

Page 13, line 8, leave out “that is” and insert “was”

LORD HYLTON

39

Page 13, leave out lines 10 and 11

BARONESS LISTER OF BURTERSETT

39A*

Page 13, line 10, leave out from beginning to “established” and insert “Whether a
private life was”

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 WILLIAMS OF CROSBY

60A*

Page 27, line 32, at end insert—

“( )     Accident and Emergency departments shall be excluded from any charge
under this section.”

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

THE EARL OF LISTOWEL

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

THE LORD BISHOP OF NEWCASTLE

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

BARONESS WILLIAMS OF CROSBY

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

BARONESS LISTER OF BURTERSETT

BARONESS KENNEDY OF THE SHAWS

 

The above-named Lords give notice of their 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 4th March 2014