Session 2013-14
Other Public Bills before Parliament
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Immigration Bill
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 47 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 64
BARONESS BUTLER-SLOSS
LORD MCCOLL OF DULWICH
LORD CARLILE OF BERRIEW
BARONESS ROYALL OF BLAISDON
Insert the following new Clause—
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
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.”
BARONESS LISTER OF BURTERSETT
BARONESS O’LOAN
BARONESS KENNEDY OF THE SHAWS
Page 51, line 40, at end insert—
“( ) in the circumstances of the particular case the deprivation of
citizenship is consistent with the United Kingdom’s
obligations under international law”
Page 51, line 40, at end insert—
“( ) the deprivation of citizenship is a necessary and
proportionate response to such conduct”
Page 51, line 41, leave out subsection (2)
Page 52, line 1, leave out from “State” to end of line 2 and insert “must take into
account the best interests of any child affected by the decision”
LORD TAYLOR OF HOLBEACH
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.””
[Withdrawn]
After Clause 64
BARONESS HAMWEE
LORD AVEBURY
LORD ROBERTS OF LLANDUDNO
LORD STOREY
Insert the following new Clause—
(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.”
Insert the following new Clause—
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).”
[Withdrawn]
LORD MARLESFORD
LORD RAMSBOTHAM
Insert the following new Clause—
(1) A condition of the issue of a new passport to, or the renewal of a passport
of, a British citizen by Her Majesty’s Passport Office is that the citizen
supplies 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.”
LORD AVEBURY
Insert the following new Clause—
(1) Section 4C of the British Nationality Act 1981 (acquisition by registration:
certain persons born between 1961 and 1983) is amended as follows.
(2) In subsection (3A)(a), after “father,” omit “and”.
(3) In subsection (3A)(b), at beginning insert “where material,”.
(4) In subsection (3A)(b), at end insert—
“(c) where material—
(i) the applicant’s mother or father (“the parent in
question”) would have acquired citizenship by
descent from a mother on the assumption that, as
applied to the parent in question, section 5 or 12(2)
of, or paragraph 3 of Schedule 3 to, the 1948 Act (as
the case may be) provided for citizenship by descent
from a mother in the same terms as it provided for
citizenship by descent from a father, and references
in that provision to a father were references to the
parent in question’s mother, or
(ii) the parent in question would have acquired a
nationality status by descent from a mother on the
assumption that, as applied to the parent in
question, a provision of the law at some time before
1st January 1949 which provided for a nationality
status to be acquired by descent from a father
provided in the same terms for its acquisition by
descent from a mother, and references in that
provision to a father were references to the parent in
question’s mother”.
(5) In subsection (3B)(a), after “mother,” omit “and”.
(6) In subsection (3B)(b), at beginning insert “where material”.
(7) In subsection (3B)(b), at end insert—
“(c) where material, the parent in question would have acquired
a nationality status by descent from a mother on the
assumption that, as applied to the parent in question, a
provision of the law at some time before 1st January 1949
which provided for a nationality status to be acquired by
descent from a father provided in the same terms for its
acquisition by descent from a mother, and references in that
provision to a father were references to the parent in
question’s mother”.”
After Clause 68
THE EARL OF LISTOWEL
LORD TAYLOR OF HOLBEACH
LORD STOREY
Insert the following new Clause—
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
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);”
Page 56, line 6, at end insert “or (6)”
Page 56, line 9, at end insert—
“(g) an order under paragraph 2(3)(e) of Schedule 6.”
Clause 72
LORD ROBERTS OF LLANDUDNO
LORD RAMSBOTHAM
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
Page 57, line 7, after “58” insert “, section (Child trafficking guardians for all potential
child victims of trafficking in human beings)”