Immigration Bill

sixth
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 59 to 61
Schedule 8
Clauses 62 to 66
Schedule 9
Clauses 67 to 70

[Amendments marked * are new or have been altered]

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 62

LORD AVEBURY

79G*

Insert the following new Clause—

“Legitimacy

(1)     The British Nationality Act 1981 (c.16) is amended as follows.

(2)     After section 4C (acquisition by registration: certain persons born between
1961 and 1983) insert—

“4D Acquisition by registration: legitimacy

(1)     A person is entitled to be registered as a British citizen if—

(a)   he applies for registration under this section; and

(b)   he satisfies each of the following conditions.

(2)     The first condition is that the person was born before 1st July 2006.

(3)     The second condition is that the person is not already a British
citizen.

(4)     The third condition is that the father of the child satisfies any
requirements as to proof of paternity prescribed under section
50(9B) of this Act (interpretation).

(5)     The fourth condition is that the person would have been a British
citizen had his father been married to his mother at the time of his
birth.””

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 BENJAMIN

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,

in the case of—
 children;
 young people aged 21 and below,

who have irregular migrant status.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD MCCOLL OF DULWICH

81AA*

Insert the following new Clause—

“Child trafficking guardians for all potential child victims of trafficking in
human beings

(1)     If a child who is not a British citizen has arrived in the United Kingdom and
is a potential victim of trafficking in human beings, an independent legal
guardian shall be appointed to represent the best interests of that child.

(2)     The independent legal guardian shall have the following responsibilities
to—

(a)   advocate that all decisions relating to the child are made in the
child’s best interest;

(b)   ascertain the child’s wishes and feelings in relation to those
decisions;

(c)   advocate for the child to receive appropriate care, safe
accommodation, medical treatment, including psychological
assistance, education, translation and interpretation services;

(d)   assist the child to access legal and other representation where
necessary, including, where appropriate, to appoint and instruct
legal representatives on all matters relevant to the interests of the
child;

(e)   consult with, advise and keep the child informed of legal rights;

(f)   keep the child informed of all relevant immigration, criminal,
compensation, community care, public law or other proceedings;

(g)   contribute to identification of a plan to safeguard and promote a
durable solution for the child based on an individual assessment of
that child’s best interests;

(h)   provide a link between the child and various statutory and other
bodies who may provide services to the child, accompanying the
child to any relevant meetings;

(i)   assist in establishing contact with the child’s family, where the child
so wishes and it is in the child’s best interests;

(j)   where appropriate liaise with an immigration officer handling the
child’s case in conjunction with the child’s legal representative;

(k)   accompany the child to all interviews with the police, the
immigration authorities and care proceedings;

(l)   accompany the child to any court proceedings; and

(m)   accompany the child whenever the child moves to new
accommodation.

(3)     In subsection (1), an independent legal guardian may be—

(a)   an employee of a statutory body except for an employee of a local
authority; or

(b)   an employee of a recognised charitable organisation.

(4)     A person discharging duties as an independent legal guardian shall not
discharge any other statutory duties in relation to a child for whom they are
providing assistance under this section.

(5)     Where an independent legal guardian is appointed under subsection (1),
the authority of the independent legal guardian in relation to the child shall
be recognised by any relevant body.

(6)     In subsection (6), a “relevant body” means a person or organisation—

(a)   which provides services to the child; or

(b)   to which a child makes an application for services; or

(c)   to which the child needs access in relation to being a victim of
human trafficking; or

(d)   any court or tribunal that a child engages with.

(7)     The Secretary of State shall by order—

(a)   set out the arrangements for the appointment of an independent
legal guardian immediately after a child is identified as a potential
victim of trafficking in human beings;

(b)   set out requirements for the training courses to be completed before
a person may exercise functions as an independent legal guardian;

(c)   set out the arrangements for the supervision of persons discharging
duties as an independent legal guardian;

(d)   set out the arrangements for the provision of support services for
persons discharging duties as an independent legal guardian; and

(e)   designate organisations as a “recognised charitable organisation”
for the purpose of this section.

(8)     A person’s appointment as an independent legal guardian for a particular
child under this section shall come to an end if—

(a)   the child reaches the age of 18;

(b)   a durable solution for the child has been found based on an
individual assessment of the best interests of the child.”

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.””

LORD AVEBURY

87ZB

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

BARONESS HAMWEE

LORD AVEBURY

87ZC

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

LORD AVEBURY

87ZCA

Page 106, line 37, leave out sub-paragraph (3)

BARONESS HAMWEE

LORD AVEBURY

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 18th March 2014