Immigration Bill

Amendments
to be moved
in committee

Clause 1

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 1, line 8, at end insert—

“( )     The primary purpose of the Director is to secure the enforcement of labour
market legislation, as defined in section 3(3) of this Act.”

Clause 2

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 2, line 9, after “relates” insert—

“( )   the threats and obstacles to effective labour market
enforcement,

( )   the remedies secured by victims of non-compliance in the
labour market,”

 

Page 2, line 26, at end insert—

“( )     The Director must engage with civil society and voluntary organisations in
the development of the strategy.”

Clause 3

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 3, line 33, at end insert—

“( )     A person is not prevented from being defined under subsection (6) as a
“worker”, or a person seeking work, for the purposes of this section by
reason of the fact that he has no right to be, or to work, in the United
Kingdom.”

Clause 4

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 3, line 42, leave out lines 42 to 45 and insert—

“( )     An assessment of the extent to which the strategy developed under section
2 of this Act has—

(i)   addressed non-compliance in the labour market,

(ii)   improved the provision of remedies for victims of non-
compliance in the labour market, and

(iii)   overcome the threats and obstacles to effective labour
market enforcement.”

Clause 8

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 5, line 6, at end insert “, without reasonable excuse,”

Clause 9

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 7, line 7, leave out from “worker)” to end of line 8 and insert “, for subsection
(1) substitute—

“( )     A person commits an offence if he knowingly or recklessly employs
an adult subject to immigration control, where—

(a)   the adult has not been granted leave to enter or remain in
the United Kingdom, or

(b)   the adult’s leave to enter or remain in the United
Kingdom—

(i)   is invalid,

(ii)   has ceased to have effect, whether by reason or
curtailment, revocation, cancellation, passage of
time or otherwise, or

(iii)   is subject to a condition preventing him from
accepting the employment.””

 

The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill.

After Clause 9

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Review of the remit of the Gangmasters Licensing Authority

(1)     The Secretary of State shall undertake a review of the remit of the
Gangmasters Licensing Authority.

(2)     The review under subsection (1) must consider—

(a)   the possible necessity of, and evidence for, an extension of the remit
of the Authority as a result of the provisions included in this Act,
and

(b)   whether any additional resources will be required should a review
recommend that the Authority’s remit be extended.

(3)     The Secretary of State must lay a report detailing the review and its
conclusions before both Houses of Parliament, within one year of the
passing of this Act

(4)     The Secretary of State may by order amend section 3 of the Gangmasters
(Licensing) Act 2004 to include other areas of work where the Secretary of
State believes abuse and exploitation of workers may be taking place, and
must allocate additional resources accordingly.”

After Clause 12

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

 

Insert the following new Clause—

“Protection from slavery for overseas domestic workers

All overseas domestic workers in the United Kingdom, including those
working for staff of diplomatic missions, shall be entitled to—

(a)   change their employer (but not work sector) while in the United
Kingdom;

(b)   renew their domestic worker or diplomatic domestic worker visa,
each such renewal being for a period not exceeding twelve months,
as long as they remain in employment and are able to support
themselves without recourse to public funds;

(c)   a three month temporary visa permitting them to live in the United
Kingdom for the purposes of seeking alternative employment as an
overseas domestic worker where there is evidence that the worker
has been a victim of modern slavery.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Permission to work for asylum seekers after six months

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

(2)     After section 3(9) (general provisions for regulation and control) insert—

“( )     In making rules under subsection (2), the Secretary of State 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, including self-employment and voluntary work.

( )     Permission to work for persons seeking asylum 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 new claim or to
refuse to treat such further submissions as a new claim has
not been taken within six months of the date on which the
submissions were recorded.

( )     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.””

Clause 13

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 9, line 41, at end insert—

“( )     A landlord does not commit an offence under section 33A of this
Act during the period of 28 days specified in section 33D(4).”

Clause 14

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 11, line 32, at end insert—

“(7)     Subsection (2) shall not come into force until the Secretary of State has
published, and laid before both Houses of Parliament, an evaluation of the
provisions contained in sections 20 to 37 and Schedule 3 to the Immigration
Act 2014.

(8)     The evaluation provided for in subsection (3) must include an assessment
of the impact of those provisions on—

(a)   individuals who have a protected characteristic as defined in Part 2,
Chapter 1 of the Equality Act 2010, and

(b)   British citizens who do not hold a passport or UK driving licence.”

 

Page 11, line 37, leave out from beginning to end of line 29 on page 12

Clause 15

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 13, line 42, leave out “Part 1” and insert “Part 2”

 

Page 13, line 42, leave out “must” and insert “may”

Clause 18

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 20, line 31, at end insert—

“( )     A person does not commit an offence under subsection (1) if, at the
time of driving a motor vehicle, they had a reasonable belief that
they had a legal right to remain in the United Kingdom and acted
in good faith.”

After Clause 19

BARONESS DOOCEY

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

 

Insert the following new Clause—

“Ability to pay the Immigration Health Surcharge incrementally

In section 38 of the Immigration Act 2014, in subsection (3)(c), after “State”
insert “, including allowing the Surcharge to be paid in multiple
payments”.”

 

Insert the following new Clause—

“Exemptions from the Immigration Health Surcharge

In section 38 of the Immigration Act 2014, after subsection (3) insert—

(3A)    In providing for exemptions from the charge under subsection
(3)(e), the Secretary of State must provide for exemptions for—

(a)   any individual under 18 years of age; and

(b)   any individual who has been a victim of domestic
violence.””

After Clause 32

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Review of immigration detention

(1)     Before the end of the period of three months beginning on the day on which
subsection (1) of section 32 comes into force, the Secretary of State must
commission a report on detention under the following powers—

(a)   Paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration Act
1971,

(b)   Paragraph 2(1), (2) or (3) of Schedule 3 to the 1971 Act,

(c)   Section 62 of the Nationality, Immigration and Asylum Act 2002, or

(d)   Section 36(1) of the UK Borders Act 2007.

(2)     The report under subsection (1) must consider—

(a)   the process for, and detail of, introducing a statutory maximum
limit on the length of time an individual can be detained under that
paragraph;

(b)   how to reduce the number of people detained under that
paragraph;

(c)   how to minimise the length of time an individual is detained under
that paragraph;

(d)   the effectiveness of detention in meeting the Secretary of State’s
objectives; and

(e)   the effectiveness of procedures to review decisions to detain and to
continue to detain.

(3)     The report under subsection (1) must be published by a panel appointed by
the Secretary of State.

(4)     The panel appointed under subsection (3) must be independently chaired.

(5)     On completion of the report, the Chair of the panel must send it to the
Secretary of State.

(6)     The Secretary of State must lay the report before both Houses of Parliament
within three months of receiving the review.”

Clause 34

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 39, line 16, at end insert—

“( )     After subsection (3) insert—

“(3A)    Before a decision is taken to certify a human rights claim, the
Secretary of State must obtain a multi-agency best interests
assessment in relation to any child whose human rights may be
breached by the decision to certify.””

 

The above-named Lords give notice of their intention to oppose the Question that Clause 34
stand part of the Bill.

Clause 37

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 37
stand part of the Bill.

After Clause 38

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Review of the rules relating to refugees reuniting with family members

(1)     The Secretary of State must undertake a review of the current rules on
refugees or those granted humanitarian protection reuniting with close
family members in the United Kingdom.

(2)     The review under subsection (1) must consider—

(a)   the implementation of the EU Dublin III Regulation (Regulation
(EU) No 604/2013) which provides for spouses or children under 18
with refugee status or those granted humanitarian protection to be
reunited with family members in the UK;

(b)   options for allowing British citizens to sponsor close family
members recognised as refugees or granted humanitarian
protection; and

(c)   options for extending the criteria for family reunion to include
children, grandchildren, parents, grandparents, spouses, civil or
unmarried partners or siblings who have refugee status or have
been granted humanitarian protection and have close family
members in the UK.

(3)     A copy of a report on the review under subsection (1) must be laid before
both Houses of Parliament within six months of the passing of this Act.

After Clause 46

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Insert the following new Clause—

“Review of border security

(1)     The Secretary of State must undertake a review of border security in the
United Kingdom.

(2)     The review must consider the adequacy of resources currently available for
border security at all points of entry to the United Kingdom.

(3)     The review must be published and laid before both Houses of Parliament
within one year of the passing of this Act.”

Schedule 5

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 105, line 44, leave out from beginning to end of line 7 on page 106

Schedule 7

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 101, line 20, at end insert—

“( )     The following provisions apply if a person is detained under any
provisions set out in sub-paragraph (1)(a) to (d).

(a)   the Secretary of State must arrange a reference to the First-tier
Tribunal for it to determine whether the detained person should
be released on bail;

(b)   the Secretary of State must secure that a first reference to the
First-tier Tribunal is made no later than the eighth day following
that on which the detained person was detained;

(c)   if the detained person remains in detention after the first
reference to the First-tier Tribunal, the Secretary of State must
secure that a second reference to the First-tier Tribunal or
Commission is made no later than the thirty-sixth day following
that on which the detained person was detained and every
twenty-eighth day thereafter;

(d)   the First-tier Tribunal hearing a case referred to it under this
section must proceed as if the detained person had made an
application to it for bail; and

(e)   the First-tier Tribunal must determine matters referred to it
under this section—

(i)   on a first reference, before the tenth day following that on
which the person concerned was detained; and

(ii)   on a second or subsequent reference, before the thirty-
eighth day following that on which he was detained.

( )     For the purposes of this paragraph, “First-tier Tribunal” means—

(a)   the chamber of the First-tier Tribunal dealing with his appeal if
the detained person has brought an appeal under the
Immigration Acts; or

(b)   in any other case, such chamber of the First-tier Tribunal as the
Secretary of State considers appropriate.

( )     In the case of a detained person to whom section 3(2) of the Special
Immigration Appeals Commission Act 1997 applies (jurisdiction in
relation to bail for persons detained on grounds of national security) a
reference under sub-paragraph (3)(a), shall be to the Commission and
not to the First-tier Tribunal.

( )     Rules made by the Lord Chancellor under section 5 of the Special
Immigration Appeals Commission Act 1997 may include provision
made for the purposes of this paragraph.”

 

Page 102, leave out sub-paragraphs (3) to (5)

 

Page 102, line 4, leave out sub-paragraph (6)

LORD MACKAY OF CLASHFERN

 

Page 102, line 39, leave out sub-paragraphs (4) and (5)

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 105, leave out sub-paragraph (5)

 

Page 106, leave out sub-paragraphs (1) to (3) and insert—

“( )     The Secretary of State must provide or arrange for the provision of
facilities for the accommodation of persons released on immigration
bail.”

Schedule 8

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

 

Page 117, line 13, at end insert—

“( )     If the Secretary of State decides not to provide support to a
person, or not to continue to provide support to them under this
section, the person may appeal to the First-tier Tribunal.”

 

Prepared 24th December 2015