Session 2013-14
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Immigration Bill
RESTORED TO THE BILL
[The page and line references are to HL Bill 84, the bill as first printed for the Lords.]
Before Clause 60
LORDS AMENDMENT NO. 16
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.”
COMMONS DISAGREEMENT AND REASON
The Commons disagree to Lords Amendment No 16 for the following Reason—
Because it would involve a charge on public funds, and the Commons do not offer any
further Reason, trusting that this Reason may be deemed sufficient.
Clause 60
LORDS AMENDMENT NO. 18
Page 47, 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 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 the 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.”
COMMONS DISAGREEMENT AND AMENDMENT TO THE WORDS SO RESTORED TO
THE BILL
The Commons disagree to Lords Amendment No. 18 and propose Amendments 18A and
18B to the words so restored to the Bill—
Page 47 , line 40, at end insert “, and
(c) the Secretary of State has reasonable grounds for believing that the
person is able, under the law of a country or territory outside the
United Kingdom, to become a national of such a country or
territory.”
Page 48 , line 2, at end insert—
“(3) 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.”
Clause 69
LORDS AMENDMENT NO. 24
Page 53, line 7, after “54” insert “, section (Child trafficking guardians for all potential
child victims of trafficking in human beings)”