Immigration Bill

third
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—

Clause 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]

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

LORD BEST

50

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

BARONESS HAMWEE

LORD CLEMENT-JONES

50A*

Page 15, line 17, at end insert “but does not include an agreement or arrangement
under which an exclusive right of occupation is not granted”

50B*

Page 15, line 29, leave out paragraph (b)

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

 


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

LORD STEVENSON OF BALMACARA

LORD BEST

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.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

51A*

Insert the following new Clause—

“Residence permit: domestic violence

(1)     A person (“P”) shall be entitled to a residence permit for three months for
rest and reflection where—

(a)   P is married, in a civil partnership, or in a durable relationship with
someone who is lawfully in the United Kingdom; and

(b)   P is in the United Kingdom as a dependant of that other person; and

(c)   the relationship breaks down as a result of domestic violence.

(2)     The residence permit shall be available to P and any dependants already in
the United Kingdom with entitlement to work.”

Schedule 3

BARONESS HAMWEE

LORD CLEMENT-JONES

51B*

Page 60, line 12, at end insert “or by a voluntary organisation or charity”

51C*

Page 60, line 13, after “is” insert “owned or”

51D*

Page 60, line 16, after second “to” insert “or may be subject to or are threatened
with or avoiding”

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)”

52A*

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

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

(b)   one of the following—


(i)   an applicant for or person holding a Tier 4 visa of holding
a certificate of acceptance of studies issued by a local
authority-funded educational institution;


(ii)   an applicant for a student visitor visa for a period longer
than six months.”

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”

54ZA*

Page 62, line 12, at end insert—

“Holiday and business lettings

An agreement made for the purposes of a holiday letting or of
occupation for not more than six months for business purposes.”

LORD BEST

54A

Page 62, line 28, at end insert—

“Homelessness prevention

12A          An agreement under which an individual is supported to secure
accommodation in order to prevent or resolve homelessness, by—

(a)   a local authority;

(b)   a registered social landlord;

(c)   a charity or voluntary organisation.”

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).”

BARONESS HAMWEE

LORD CLEMENT-JONES

55A*

Page 16, line 4, after “if” insert “P is—

(a)   an asylum seeker or the dependant of an asylum-seeker as defined
in section 94 of the Immigration and Asylum Act 1999;

(b)   a person provided with accommodation under sections 17, 20, 23C,
24A and 24B of the Children Act 1989 or otherwise under that Act;

(c)   a person provided with support under Schedule 3 to the
Nationality, Immigration and Asylum Act 2002 to avoid a breach of
the European Convention on Human Rights;

(d)   and—

(i)   an applicant for or a person holding a Tier 4 visa or holding
a certificate of acceptance of studies issued by an authority-
funded educational institution; or

(ii)   an applicant for or a person holding a student visitor visa
for a period longer than six months;

(e)   a person who is resident outside the UK and is studying English in
the UK who is accommodated in homestay accommodation;

(f)   ”

Clause 17

LORD BEST

55B

Page 16, line 34, leave out paragraph (c)

BARONESS HAMWEE

LORD CLEMENT-JONES

55C*

Page 16, line 36, leave out subsection (5)

LORD BEST

55D

Page 16, line 42, leave out subsection (6)

55E

Page 17, line 27, leave out “(whether or not named in the agreement)” and insert
“(but only if named in the agreement)”

Clause 19

BARONESS HAMWEE

LORD CLEMENT-JONES

55F*

Page 18, line 9, after “landlord” insert “shall be deemed not to have been in
contravention and”

55G*

Page 18, line 36, leave out “and” and insert “or”

LORD BEST

55H

Page 18, line 38, at end insert “when renewing the residential tenancy agreement”

Clause 21

BARONESS HAMWEE

LORD CLEMENT-JONES

55J*

Page 19, line 21, after “agent” insert “shall be deemed not to have been in
contravention and”

55K*

Page 20, line 5, leave out “and” and insert “or”

Clause 22

BARONESS HAMWEE

LORD CLEMENT-JONES

55L*

Page 20, line 32, leave out “of a prescribed description”

55M*

Page 20, line 39, at end insert—

“( )     For the purposes of this section, an immigration document includes a copy
of a document certified as a true and complete copy by a person of a
prescribed description.”

Clause 23

BARONESS HAMWEE

LORD CLEMENT-JONES

55N*

Page 20, line 42, leave out from “18” to end of line 43

55P*

Page 20, line 44, leave out from “20” to end of line 45

Clause 24

BARONESS HAMWEE

LORD CLEMENT-JONES

55Q*

Page 22, line 6, at beginning insert “in the event new facts have come to light,”

Clause 25

LORD BEST

55R

Page 22, line 42, at end insert—

“( )     The court may extend the period of 28 days where it determines there is
good reason for any delay in bringing an appeal under this section.”

Clause 26

BARONESS HAMWEE

LORD CLEMENT-JONES

55S*

Page 23, leave out subsections (2) to (5) and insert—

“(2)     The sum may be recovered by the Secretary of State as a sum due to her.”

Clause 27

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

55T*

Page 24, line 19, leave out subsection (6) and insert—

“(6)     The code—

(a)   shall not be issued unless a draft has been laid before Parliament;
and

(b)   shall come into force in accordance with provision made by order
of the Secretary of State.

(7)     The power of the Secretary of State to make an order under subsection (6)
is exercisable by statutory instrument, which may not be made unless a
draft of the instrument has been laid before, and approved by a resolution
of, each House of Parliament.”

Clause 28

LORD MACKAY OF DRUMADOON

LORD HOPE OF CRAIGHEAD

56

Page 24, line 31, at end insert—

“( )   the Scottish Human Rights Commission,”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

56A*

Page 24, line 43, leave out subsection (6) and insert—

“(6)     The code—

(a)   shall not be issued unless a draft has been laid before Parliament;
and

(b)   shall come into force in accordance with provision made by order
of the Secretary of State.

(7)     The power of the Secretary of State to make an order under subsection (6)
is exercisable by statutory instrument, subject to annulment in pursuance
of a resolution of either House of Parliament.”

BARONESS HAMWEE

LORD CLEMENT-JONES

56B*

Page 24, line 43, leave out subsection (6) and insert—

“(6)     The code—

(a)   shall not be issued unless a draft has been laid before Parliament,

(b)   shall be reviewed following the conclusion of the pilot of the
application of the provisions of this Chapter and a draft of the code
following review has been laid before Parliament, and

(c)   shall come into force in accordance with provision made by order
of the Secretary of State.

(7)     The Secretary of State shall from time to time review the code and may
revise and re-issue it following a review; and a reference in this section to
the code includes a reference to the code as revised.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

56C*

Page 24, line 44, at end insert—

“(7)     The Secretary of State shall take all reasonable steps to bring the code, and
any subsequent revisions of the code, to the attention of all landlords and
all persons likely to act as landlords’ agents.”

BARONESS HAMWEE

LORD CLEMENT-JONES

56D*

Page 24, line 44, at end insert—

“( )     The Secretary of State shall do all that may reasonably be required to bring
the code and any revisions of the code to the attention of landlords,
landlords’ agents and tenants.”

Clause 29

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

56E*

Page 25, line 14, leave out subsection (2)

LORD BEST

56F

Page 25, line 17, at end insert—

“( )     An order prescribing requirements for the purposes of this Chapter must
prescribe requirements which if complied with by the landlord or agent
will be taken as establishing that an individual is not an adult for the
purposes of this Chapter unless the landlord or agent knew that the
individual was an adult at the time that the residential tenancy agreement
is entered into.”

After Clause 29

BARONESS HAMWEE

LORD CLEMENT-JONES

56G*

Insert the following new Clause—

“Assessment of pilot

Before sections 15 to 29 come into force, the Secretary of State shall lay
before Parliament a report identifying matters which she will assess in
implementing of a pilot of the operation of those sections and the basis on
which the success of the pilot will be evaluated.”

After Clause 30

LORD BEST

56H

Insert the following new Clause—

“Verifying bodies

(1)     A landlord or agent shall be excused from paying a penalty if an approved
body has complied with the prescribed requirements on behalf of the
landlord and informed the landlord in writing that on the basis of the
documents provided by the landlord or agent to the approved body there
would be no contravention of section 17 by a named individual if he takes
up occupation of premises under a residential tenancy agreement.

(2)     An approved body shall be any person approved by the Secretary of State
for the purposes of carrying out functions under this section.

(3)     Notwithstanding any provisions of any regulations made under this
section, the approved body shall not be required to inspect the original of
any document so long as they are provided with a certificate (in such form
as may be prescribed by the Secretary of State) signed by the landlord or
agent (or such other persons acting on behalf of the landlord or agent as
may be prescribed by the Secretary of State for these purposes) that it is a
true copy of the document in question.

(4)     Any person who provides a certificate knowing that the same is false or
being reckless as to whether it is false shall be guilty of a summary offence
and liable to a fine under scale 5.

(5)     An approved body shall not be treated as an agent for the purposes of this
Chapter.

(6)     Regulation may be made under this section for the purposes of prescribing
conditions and requirements to be complied with by an approved body in
connection with any functions carried out by them pursuant to this section
or as to the revocation of approval by the Secretary of State for the purposes
of this section.”

Clause 32

BARONESS HAMWEE

LORD CLEMENT-JONES

56J*

Page 25, line 38, at end insert “or whom the landlord authorising that person to
occupy premises under a residential tenancy agreement reasonably believes not to
have attained the age of 18”

56K*

Page 26, line 40, leave out “is, or”

56L*

Page 26, line 42, leave out “is, or”

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

LORD PATEL

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.”

60A

[Withdrawn]

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.”

BARONESS MEACHER

62A*

Insert the following new Clause—

“Human trafficking

(1)     No charge for health services shall be imposed on victims or suspected
victims of human trafficking.

(2)     The Secretary of State shall publish a strategy and procedures to ensure
that victims of human trafficking are promptly and effectively identified
for the purposes of this section.”

Clause 34

BARONESS CUMBERLEGE

THE EARL OF LISTOWEL

BARONESS TONGE

LORD PATEL OF BRADFORD

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.”

BARONESS HAMWEE

BARONESS BARKER

64A*

Page 28, line 13, at end insert—

“( )     A reference to a person who is ordinarily resident does not include a
woman who is pregnant or who requires post-natal medical treatment.”

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.”

BARONESS MASHAM OF ILTON

BARONESS WILLIAMS OF CROSBY

BARONESS CUMBERLEGE

LORD ROGERS OF RIVERSIDE

66A

Insert the following new Clause—

“Exemption of charging for primary medical services where charging is not cost-
effective or poses a risk to public health

(1)     Section 182 of the National Health Service Act 2006 (remission and
payment of charges) is amended as follows.

(2)     After subsection (1), insert—

“(2)     Insofar as any regulations under section 175 provide for charges to
be made for the provision of primary medical services, they shall
include provision for the remission in full of any charge that falls
below the minimum threshold of service cost.

(3)     In subsection (2), the “minimum threshold of service cost” shall be
the cost to the provider of primary medical services below which no
charge is to be made for the provision of those services.

(4)     Where regulations under section 175 provide for a charge to be
made for the provision of primary medical services, the provider of
those services may waive the charge where he or she considers that
the cost of recovering the charge is not economical or where the
consequences of charging may put the public health at risk.””

BARONESS WILLIAMS OF CROSBY

[In substitution for Amendment 60A]

66B*

Insert the following new Clause—

“Charges in respect of non-residents

(1)     Section 175 of the National Health Services Act 2006 (charges in respect of
non-residents) is amended as follows.

(2)     After subsection (4) insert—

“(5)     Regulations under this section may not provide for charges to be
made for the provision of primary medical or accident and
emergency services.””

BARONESS HAMWEE

BARONESS BARKER

66C*

Insert the following new Clause—

“Primary services: diagnostic testing

(1)     Section 175 of the National Health Service Act 2006 (charges in respect of
persons not ordinarily resident in Great Britain) is amended as follows.

(2)     After subsection (4), insert—

“(5)     Regulations under this section may not provide for charges to be
made for the undertaking by a provider of primary medical services
of any test for the purposes of diagnosis.””

66D*

Insert the following new Clause—

“Mental health services

(1)     Section 175 of the National Health Service Act 2006 (charges in respect of
persons not ordinarily resident in Great Britain) is amended as follows.

(2)     After subsection (4), insert—

“(5)     Regulations under this section may not provide for charges to be
made for the provision of mental health services.””

66E*

Insert the following new Clause—

“Victims of trafficking

(1)     Section 175 of the National Health Service Act 2006 (charges in respect of
persons not ordinarily resident in Great Britain) is amended as follows.

(2)     After subsection (4) insert—

“(5)     Any person in respect of whom there are reasonable grounds to
believe the person is a victim of trafficking in human beings shall be
deemed to be ordinarily resident.

(6)     Any person in respect of whom there are reasonable grounds to
believe the person is a victim of domestic abuse shall be deemed to
be ordinarily resident.

(7)     The Secretary of State shall provide guidance to providers of
services to which NHS charging provisions apply as to the
identification of persons to whom subsection (5) or (6) applies, and
subject to such guidance an assessment of such grounds shall be a
matter for the discretion of the provider.””

66F*

Insert the following new Clause—

“Review of immigration health charges

(1)     The Secretary of State shall appoint an independent person to conduct a
review of the operation of—

(a)   section 33; and

(b)   section 34,

during the period of two years from the date on which each section came
into force.

(2)     Matters reviewed shall, in particular, include—

(a)   the number of people on whom a charge under section 33(1) was
imposed;

(b)   the total charges paid;

(c)   the costs of collection of the charges;

(d)   the number and description of persons refused health services;

(e)   the effect of the provisions on public health.

(3)     The appointed person shall report in writing on the review to the Secretary
of State.

(4)     The Secretary of State shall lay before Parliament reports made under this
section and shall publish the reports in such manner as she considers
appropriate.

(5)     The Secretary of State may pay to the appointed person such remuneration
and expenses as she may determine.”

Clause 35

BARONESS HAMWEE

LORD AVEBURY

66G*

Page 28, line 36, at end insert—

“( )     A person is within this subsection if he or she has made a claim for asylum
which has not yet been determined by the Secretary of State or has been
refused and an appeal against that refusal is pending—

(a)   “claim for asylum” has the same meaning as in section 94 of the
Immigration and Asylum Act 1999 (interpretation of Part VI);

(b)   an appeal is pending for the purposes of this subsection when it is
pending under section 104 of the Nationality, Immigration and
Asylum Act 2002 (pending appeal).”

66H*

Page 28, line 44, after “State” insert “reasonably”

66J*

Page 29, line 22, at end insert—

“( )     The Secretary of State shall by order make provision for the challenge of or
appeal against the refusal by a bank or building society to refuse to open a
current account under this section.”

Clause 36

BARONESS HAMWEE

LORD AVEBURY

66K*

Page 29, line 24, leave out “may” and insert “must”

66L*

Page 29, line 32, leave out “in particular”

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

LORD HOPE OF CRAIGHEAD

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

BARONESS HAMWEE

LORD CLEMENT-JONES

87A*

Page 52, line 40, leave out “section” and insert “sections 15 to 28 and”

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.”

BARONESS HAMWEE

LORD CLEMENT-JONES

89*

Page 52, line 41, at end insert—

“( )     Sections 15 to 26 shall not come into force until a code has been issued in
accordance with section 28.”

Prepared 7th March 2014