Immigration Bill

fifth
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 39 to 47
Schedule 4
Clauses 48 and 49
Schedule 5
Clauses 50 to 54
Schedule 6
Clauses 55 to 58
Schedule 7
Clauses 59 to 61
Schedule 8
Clauses 62 to 66
Schedule 9
Clauses 67 to 70

[Amendments marked * are new or have been altered]

Clause 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.”

Schedule 7

BARONESS HAMWEE

LORD AVEBURY

73A*

Page 94, line 38, at end insert “(including the waiver of all the fee in the case of an
applicant which is a charity or non-profit making organisation)”

Clause 60

BARONESS SMITH OF BASILDON

LORD ROSSER

BARONESS KENNEDY OF THE SHAWS

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 in accordance with the law, and

(b)   to determine whether to give permission to deprive a
person of citizenship in a case which falls within subsection
(4A).

(4E)    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
not in accordance with the law, the court may not give permission
under this section.

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

LORD LESTER OF HERNE HILL

LORD PANNICK

BARONESS LISTER OF BURTERSETT

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.”

BARONESS LISTER OF BURTERSETT

BARONESS KENNEDY OF THE SHAWS

76A*

Page 47, line 40, at end insert—

“(c)   the person is within the UK at the time the order is made;
and

(d)   the person will be able promptly to, and in any event within
a period of six months from the date of the order, avail him
or herself of another nationality.”

LORD LESTER OF HERNE HILL

LORD PANNICK

BARONESS LISTER OF BURTERSETT

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

LORD PANNICK

LORD ROBERTS OF LLANDUDNO

LORD AVEBURY

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.”

79B

[Withdrawn]

LORD PANNICK

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

BARONESS SMITH OF BASILDON

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.”

LORD PANNICK

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

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.”

Schedule 8

BARONESS HAMWEE

LORD AVEBURY

79E*

Page 100, line 11, leave out from “(1)” to end of line 12 and insert—

“(a)   after “immigration officer” insert “or designated person”;

(b)   after “lawfully” insert “and the basis of his entry including if
applicable particulars of his visa”;

(c)   after sub-paragraph (1)(b) insert—

“(ba)   whether his immigration status has changed
during his stay in the United Kingdom,””

Clause 62

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

79F*

Page 50, line 3, at end insert—

“( )     Any power of the Secretary of State to make regulations under this section
is exercisable by statutory instrument, not to be made unless a draft of the
instrument has been laid before, and approved by a resolution of, each
House of Parliament.”

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”.”

BARONESS HAMWEE

81A*

Insert the following new Clause—

“Young people without immigration status

The Secretary of State shall lay before Parliament a report setting out the
criteria for decisions by her and by other authorities relating to—

(a)   access to education;

(b)   access to healthcare;

(c)   accommodation;

(d)   leave to remain in the United Kingdom,

(i)   children;

(ii)   young people aged 21 and below,

who have irregular migrant status.”

Clause 66

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

81B*

Page 51, line 19, leave out subsection (3)

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),”.”

BARONESS HAMWEE

LORD AVEBURY

82A*

Page 103, line 31, leave out paragraph (a)

LORD TAYLOR OF HOLBEACH

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”.”

BARONESS HAMWEE

LORD AVEBURY

84A*

Page 104, line 25, leave out sub-paragraph (2)

LORD TAYLOR OF HOLBEACH

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”.”

BARONESS HAMWEE

LORD AVEBURY

87ZA*

Page 106, line 15, at end insert—

      “After section 3D insert—

“3E Extension of leave following revocation

(1)     This section applies if a person—

(a)   has limited leave to enter or remain in the United
Kingdom (including leave that has been extended
by section 3C); and

(b)   the person makes a protection claim or a human
rights claim within the currency of that leave or
within 14 days of the conclusion of any
administrative review of a decision to vary, refuse
to vary that leave.

(2)     the person’s leave to enter or remain is extended during
the period when—

(a)   the protection claim or human rights claim is
neither decided nor withdrawn;

(b)   an appeal could be brought under section 82(1)(a)
or (b);

(c)   an appeal under that section against refusal of the
protection or human rights claim is pending
within the meaning of section 104.

3F Revocation of a protection status

(1)     This section applies if the Secretary of State has decided
to revoke a person’s protection status.

(2)     The revocation shall not take effect during the period
when—

(a)   an appeal under section 82(1)(c) could be brought;

(b)   such an appeal is pending within the meaning of
section 104.””

87ZB*

Page 106, line 26, leave out paragraph (b)

87ZC*

Page 106, line 36, leave out paragraph (f)

87ZD*

Page 107, line 4, at end insert—

“(6)     In section 77 (no removal while claim for asylum pending) for “claim for
asylum” substitute “protection claim or human rights claim”.”

87ZE*

Page 107, line 7, leave out paragraph 19

87ZF*

Page 108, line 17, leave out “(3)” and insert “(4)”

87ZG*

Page 108, line 18, leave out “87” and insert “88”

87ZH*

Page 110, line 36, leave out sub-paragraph (3)

87ZJ*

Page 111, line 11, at end insert “and requiring P to inform the Secretary of State or
immigration officer of any change in circumstances to which subsection (5) would
apply”

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 14th March 2014