Immigration Bill

Second
marshalled
List of Amendments
to be moved
On REPORT

The amendments have been marshalled in accordance with the Order of 27th March 2014, as follows—

Clauses 15 to 19
Schedule 3
Clauses 20 to 51
Schedule 4
Clauses 52 and 53
Schedule 5
Clauses 54 to 58
Schedule 6
Clauses 59 to 62
Schedule 7
Clauses 63 to 65
Schedule 8
Clauses 66 to 70
Schedule 9
Clauses 71 to 74

[Amendments marked * are new or have been altered]

Before Clause 19

LORD HANNAY OF CHISWICK

LORD TUGENDHAT

BARONESS WILLIAMS OF CROSBY

BARONESS WARWICK OF UNDERCLIFFE

23

Insert the following new Clause—

“Exemption to charges under Part 3

No restrictions on access to tenancies 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 visas and registered in full-time undergraduate or
postgraduate study at a recognised higher education institution.”

Clause 19

BARONESS HAMWEE

LORD CLEMENT-JONES

24

Page 19, line 26, at end insert—

“( )     Before implementing a pilot scheme to preclude the making of a residential
tenancy agreement to which a person disqualified as a result of
immigration status is party, the Secretary of State shall—

(a)   consult such persons as she considers appropriate as to the criteria
to be applied in order to assess and evaluate the scheme;

(b)   lay before Parliament a report on the proposed criteria.

( )     The criteria shall include the application of an equalities impact
assessment.”

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

25

Leave out Clause 19 and insert the following new Clause—

“Residential tenancies: pilot

(1)     The Secretary of State may by order make one or more pilot schemes under
which landlords in a designated area must not authorise an adult to occupy
premises under a residential tenancy agreement if the adult is disqualified
as a result of their immigration status.

(2)     An order under subsection (1) may make provision about—

(a)   the principles by reference to which the pilot (or pilots) will operate;

(b)   the circumstances under which a landlord may authorise an adult
to occupy premises under the terms of the pilot (or pilots);

(c)   descriptions of persons to be identified as landlords for the
purposes of the pilot (or pilots);

(d)   descriptions of applicable residential tenancy agreements for the
purposes of the pilot (or pilots);

(e)   descriptions of persons disqualified by their immigration status
from occupying premises under the pilot (or pilots);

(f)   applicable penalties for landlords in contravention of the terms of
the pilot (or pilots) and enforcement of such penalties;

(g)   excuses available to landlords and appeals against penalties; and

(h)   the publication of codes of practice for landlords.

(3)     An order under subsection (1) must specify—

(a)   the area or areas in respect of which the pilot (or pilots) operates;

(b)   the day on which the pilot (or pilots) comes into effect; and

(c)   the period for which the pilot (or pilots) has effect.

(4)     The Secretary of State must publish, and lay before both Houses of
Parliament, a report setting out an evaluation of any pilot (or pilots)
ordered under subsection (1).”

Schedule 3

LORD TAYLOR OF HOLBEACH

26

Page 65, line 32, leave out “comprises a hall of residence predominantly” and insert
“is used wholly or mainly”

27

Page 66, line 1, leave out from second “is” to “hall” in line 4 and insert “a”

28

Page 66, line 5, after “paragraph” insert “and paragraph 11A”

29

Page 66, line 12, at end insert—

“11A          An agreement under which accommodation is provided to a student
who has been nominated to occupy it by an institution or body of the
kind mentioned in paragraph 11(2).”

Clause 20

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

30

Leave out Clause 20

Clause 21

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

31

Leave out Clause 21

Clause 22

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

32

Leave out Clause 22

Clause 23

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

33

Leave out Clause 23

Clause 24

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

34

Leave out Clause 24

Clause 25

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

35

Leave out Clause 25

Clause 26

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

36

Leave out Clause 26

Clause 27

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

37

Leave out Clause 27

Clause 28

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

38

Leave out Clause 28

Clause 29

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

39

Leave out Clause 29

Clause 30

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

40

Leave out Clause 30

Clause 31

LORD TAYLOR OF HOLBEACH

41

Page 28, line 19, leave out subsection (6) and insert—

“(6)     The code (or revised code)—

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

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

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

42

Leave out Clause 31

Clause 32

LORD TAYLOR OF HOLBEACH

43

Page 28, line 37, leave out from “draft” to end of line 39

44

Page 28, line 39, at end insert—

“( )     The code (or revised code)—

(a)   may not be issued unless a draft has been laid before Parliament
(prepared after considering representations under subsection (4)(b)
and with or without modifications to reflect the representations),
and

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

45

Page 28, line 43, leave out subsection (6)

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

46

Leave out Clause 32

Clause 33

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

47

Leave out Clause 33

Clause 34

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

48

Leave out Clause 34

Clause 35

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

49

Leave out Clause 35

Clause 36

BARONESS SMITH OF BASILDON

LORD ROSSER

LORD STEVENSON OF BALMACARA

THE LORD BISHOP OF LEICESTER

50

Leave out Clause 36

Clause 38

LORD RAMSBOTHAM

BARONESS FINLAY OF LLANDAFF

BARONESS MASHAM OF ILTON

THE LORD BISHOP OF LEICESTER

51

Page 32, 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.”

After Clause 38

BARONESS MASHAM OF ILTON

LORD ROGERS OF RIVERSIDE

THE LORD BISHOP OF LEICESTER

52

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.””

Before Clause 43

LORD ROSSER

LORD MONKS

BARONESS SMITH OF BASILDON

53

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 United Kingdom
based agencies, as defined in this section, from including only
people not ordinarily resident in the United Kingdom as their
clients.””

After Clause 44

LORD ROBERTS OF LLANDUDNO

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF LEICESTER

54

Insert the following new Clause—

“Permission to work

(1)     The Immigration Act 1971 is amended as follows.

(2)     After section 3(9) (general provisions for regulation and control) 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.””

After Clause 46

LORD CORMACK

BARONESS MEACHER

55

Insert the following new Clause—

“Provision of visas to students at recognised education institutions

(1)     The Secretary of State shall maintain a list of recognised further and higher
education institutions (“the list”) and shall publish guidance on the
requirements such institutions will be required to meet in order to be
included in the list.

(2)     The Secretary of State shall within six months of the passing of this Act use
their power under section 3(2) of the Immigration Act 1971 (general
provisions for regulation and control) to lay before Parliament
amendments to the Immigration Rules as follows.

(3)     The amendments shall have the effect that a person who receives an offer
of a place at an institution in the list established under subsection (1) shall
automatically be granted a certificate of eligibility for fast track entry
clearance and leave to remain for the duration of their enrolment at that
institution and any additional time as set out in the Rules relating to entry
clearance for Tier 4 (General) Student but shall otherwise be subject to the
requirements relating to recourse to public funds, registration with the
police, and employment as applied to other immigrants under Tier 4
(General) Student.”

Before Clause 64

BARONESS BUTLER-SLOSS

LORD MCCOLL OF DULWICH

LORD CARLILE OF BERRIEW

BARONESS ROYALL OF BLAISDON

55A*

Insert the following new Clause—

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

(1)     If a relevant child has arrived in the United Kingdom and is a potential
victim of trafficking in human beings, an independent child trafficking
guardian shall be appointed to represent the best interests of that child.

(2)     The child trafficking 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 as
required;

(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)     A child trafficking guardian must have completed the training required in
subsection (7) and may be—

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

(b)   an employee of a recognised charitable organisation; or

(c)   a volunteer for a recognised charitable organisation.

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

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

(6)     In subsection (5), 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 a child trafficking
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 a child trafficking guardian;

(c)   set out the arrangements for the supervision of persons discharging
duties as a child trafficking guardian;

(d)   set out the arrangements for the provision of support services for
persons discharging duties as a child trafficking guardian; and

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

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

(a)   the child reaches the age of 21; or

(b)   the child leaves the United Kingdom.

(9)     In this section, a child is considered to be a “potential victim of trafficking
in human beings” when a referral has been made to a competent authority
for a determination under the identification process required by Article 10
of the Trafficking Convention (Identification of Victims) and there has not
been a conclusive determination that the individual is not such a victim.

(10)     For the purposes of subsection (9), an individual will not be considered to
have received a conclusive determination that the individual is not a victim
of trafficking in human beings if—

(a)   an individual is appealing or seeking judicial review of the
conclusive determination; and

(b)   the appeal or judicial review is not completed.

(11)     In this section—

“competent authority” means a person who is a competent authority
of the United Kingdom for the purposes of the Trafficking
Convention;

“relevant child” means a person who is under the age of 18 and who—

(a)   requires leave to remain in the United Kingdom whether or
not such leave has been granted; or

(b)   is a national of an EEA state other than the United Kingdom;

“the Trafficking Convention” means the Council of Europe
Convention on Action against Trafficking in Human Beings (done
at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the
Trafficking Convention.”

Clause 64

LORD PANNICK

BARONESS SMITH OF BASILDON

LORD MACDONALD OF RIVER GLAVEN

LORD BROWN OF EATON-UNDER-HEYWOOD

56

Page 51, line 29, leave out subsections (1) and (2) and insert—

“(1)     A committee of members of both Houses of Parliament shall be established
to consider and report on whether section 40 of the British Nationality Act
1981 (deprivation of citizenship) should be amended to enable the
Secretary of State to deprive a person of their citizenship status if—

(a)   the citizenship status results from the person’s naturalisation, and

(b)   the Secretary of State is satisfied that the deprivation is conducive
to the public good because the person, while having that citizenship
status, has conducted him or herself in a manner which is seriously
prejudicial to the vital interests of the United Kingdom, any of the
Islands, or any British overseas territory,

even if to do so would have the effect of making a person stateless.

(2)     The committee shall consist of six members of the House of Lords
nominated by the Chairman of Committees, and six members of the House
of Commons nominated by the Speaker of the House of Commons, to be
appointed on the passing of this Act to serve for the duration of the present
Parliament.

(3)     Any casual vacancy occurring by reason of the death, resignation or
incapacity of a member of the committee shall be filled by the nomination
of a member by the Chairman of Committees or the Speaker of the House
of Commons, as the case may be.

(4)     The quorum of the committee shall be two members of each House and the
committee shall be entitled to sit and to transact business whether
Parliament be sitting or not, and notwithstanding a vacancy in the
membership of the committee.

(5)     Subject to the above provisions, the committee may regulate its own
procedure.”

LORD TAYLOR OF HOLBEACH

56A*

Page 52, line 2, at end insert—

“( )     After section 40A of the British Nationality Act 1981 insert—

“40B          Review of power under section 40(4A)

(1)     The Secretary of State must arrange for a review of the operation of
the relevant deprivation power to be carried out in relation to each
of the following periods—

(a)   the initial one year period;

(b)   each subsequent three year period.

(2)     The “relevant deprivation power” is the power to make orders
under section 40(2) to deprive persons of a citizenship status in the
circumstances set out in section 40(4A).

(3)     A review must be completed as soon as practicable after the end of
the period to which the review relates.

(4)     As soon as practicable after a person has carried out a review in
relation to a particular period, the person must—

(a)   produce a report of the outcome of the review, and

(b)   send a copy of the report to the Secretary of State.

(5)     The Secretary of State must lay before each House of Parliament a
copy of each report sent under subsection (4)(b).

(6)     The Secretary of State may, after consultation with the person who
produced the report, exclude a part of the report from the copy laid
before Parliament if the Secretary of State is of the opinion that it
would be contrary to the public interest or prejudicial to national
security for that part of the report to be made public.

(7)     The Secretary of State may—

(a)   make such payments as the Secretary of State thinks
appropriate in connection with the carrying out of a review,
and

(b)   make such other arrangements as the Secretary of State
thinks appropriate in connection with the carrying out of a
review (including arrangements for the provision of staff,
other resources and facilities).

(8)     In this section—

“initial one year period” means the period of one year
beginning with the day when section 40(4A) comes into
force;

“subsequent three year period” means a period of three years
beginning with the first day after the most recent of—

(a)   the initial one year period, or

(b)   the most recent subsequent three year period.””

57

[Withdrawn]

After Clause 64

BARONESS HAMWEE

LORD AVEBURY

57A

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 dependent 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.”

57B

Insert the following new Clause—

“Deprivation of citizenship

The Secretary of State must publish quarterly information regarding orders
made during the previous quarter under section 40(4A) of the British
Nationality Act 1981 (deprivation of citizenship).”

LORD MARLESFORD

57C*

Insert the following new Clause—

“Provision of information relating to citizenship

(1)     A British citizen applying for or renewing a passport issued by Her
Majesty’s Passport Office must supply details of their citizenship of other
countries and of passports held relating to any such status at the time of
application.

(2)     The bearer of a passport issued by Her Majesty’s Passport Office must
supply that Office with information regarding any acquisition or loss of
citizenship of another country within one month of such a change.

(3)     Information gathered by Her Majesty’s Passport Office for the purposes of
subsections (1) and (2) shall be made available—

(a)   to the Home Secretary for consideration as part of a decision made
under section 40(4A) of the British Nationality Act 1981;

(b)   to immigration officers for consideration when undertaking their
duties.”

After Clause 68

THE EARL OF LISTOWEL

LORD TAYLOR OF HOLBEACH

LORD STOREY

58

Insert the following new Clause—

“Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the
Secretary of State or any other person by section 55 of the Borders,
Citizenship and Immigration Act 2009 (duty regarding the welfare of
children).”

Clause 71

LORD TAYLOR OF HOLBEACH

59

Page 56, line 5, at end insert—

“(ca)   the first regulations under section 49(1);

(cb)   the first regulations under section 49(5);

(cc)   the first regulations under section 50(3);

(cd)   the first regulations under section 50(4);”

60

Page 56, line 6, at end insert “or (6)”

61

Page 56, line 9, at end insert—

“(g)   an order under paragraph 2(3)(e) of Schedule 6.”

Clause 72

LORD ROBERTS OF LLANDUDNO

62

Page 56, 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.”

Clause 73

BARONESS BUTLER-SLOSS

LORD MCCOLL OF DULWICH

LORD CARLILE OF BERRIEW

BARONESS ROYALL OF BLAISDON

62A*

Page 57, line 7, after “58” insert “, section (Child trafficking guardians for all potential
child victims of trafficking in human beings
)”

Prepared 2nd April 2014