Immigration Bill

fourth
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—

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]

Schedule 3

LORD BEST

54ZZA

Page 62, line 4, at end insert—

“(3A)    The third condition is that the building is covered by a code of practice
for the management of student accommodation recognised under
section 233 of the Housing Act 2004 (approval of codes of practice with
regards to the management of HMOs etc).”

BARONESS HAMWEE

LORD CLEMENT-JONES

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, line 19, 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

BARONESS FINLAY OF LLANDAFF

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

BARONESS FINLAY OF LLANDAFF

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, and—

(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.

Clause 40

BARONESS HAMWEE

LORD AVEBURY

 


The above-named Lords give notice of their intention to oppose the Question that Clause 40
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 41

BARONESS HAMWEE

LORD AVEBURY

72A

Page 32, line 34, at end insert “unless that person 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.

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

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

Clause 42

BARONESS HAMWEE

LORD AVEBURY

72B

Page 33, line 29, at end insert “unless that person 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.

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

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

72C

Page 33, line 36, at end insert—

“( )   in subsection (1)(a), for “or 93” substitute “93 or 97A;”

72D

Page 33, line 38, leave out paragraph (b)

72E

Page 34, line 12, at end insert “unless that person 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.

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

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

72F

Page 34, line 14, at end insert—

“( )   in paragraph (1)(a) for “or 10” substitute “10 or 13A;”

72G

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

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

LORD ROBERTS OF LLANDUDNO

 

The above-named Lords give notice of their intention to oppose the Question that Clause 60
stand part of the Bill
.

After Clause 60

BARONESS HAMWEE

79A*

Insert the following new Clause—

“Reviews of deprivation of citizenship resulting in statelessness

(1)     The Secretary of State must appoint a person to review the operation of
section 40(4A) of the British Nationality Act 1981 (deprivation of
citizenship), (“the independent reviewer”).

(2)     The independent reviewer must carry out a review of the operation of the
section in respect of each calendar year, starting with the first complete
calendar year beginning after the passing of this Act.

(3)     Each review must be completed as soon as reasonably practicable after the
end of the calendar year to which the review relates.

(4)     The independent reviewer must send to the Secretary of State a report on
the outcome of each review carried out under subsection (2) as soon as
reasonably practicable after completion of the review.

(5)     On receiving a report under subsection (4), the Secretary of State must lay
a copy of it before Parliament.

(6)     The Secretary of State may pay to the independent reviewer—

(a)   expenses incurred in carrying out the functions of the reviewer
under this section, and

(b)   such allowances as the Secretary of State determines.”

LORD PANNICK

79B*

Insert the following new Clause—

“Deprivation of citizenship: review

(1)     The Secretary of State shall appoint a person (the “independent reviewer”)
to review the operation of deprivation of citizenship.

(2)     The independent reviewer shall undertake a review of the exercise of
powers under section 40 of the British Nationality Act 1981 (deprivation of
citizenship) and of any other powers relating to the deprivation of
citizenship during each period of 6 months beginning with the month in
which this Act is passed.

(3)     The Secretary of State may pay the independent reviewer expenses
incurred in carrying out his or her functions under this section and such
allowances as the Secretary of State may determine.

(4)     The independent reviewer shall report to the Secretary of State as soon as
reasonably practicable after the end of the 6 month period to which the
report relates and the report shall identify—

(a)   the number of orders made;

(b)   the grounds on which each order has been made;

(c)   the evidence adduced by the Secretary of State to support each
application including the extent to which that evidence may be
made public;

(d)   how each application for an order was served;

(e)   the outcome of each order made including whether any person
deprived of citizenship under this section was made stateless; and

(f)   whether in each case the order was compatible with the United
Kingdom’s obligations under international law.

(5)     On receipt thereof the Secretary of State shall lay a copy of each report
made under subsection (4) before both Houses of Parliament.”

79C*

Insert the following new Clause—

“Deprivation of citizenship: guidance

It shall be the duty of the Secretary of State to draw up a code giving
guidance as to the practices to be followed in any application for the
deprivation of citizenship.”

79D*

Insert the following new Clause—

“Deprivation of citizenship: time limit

(1)     Except so far as otherwise provided under this section, section 60 expires at
the end of the period of 3 years beginning with the day on which this Act
is passed.

(2)     The Secretary of State may by order made by statutory instrument at any
time revive section 60 for a period not exceeding 3 years.

(3)     Before making an order under subsection 2 the Secretary of State must
consult the independent reviewer appointed under section (Deprivation of
citizenship: review
).

(4)     An order under this section may not be made unless a draft of it has been
laid before Parliament and approved by resolution of each House.”

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 11th March 2014