Immigration Bill

tHIRd
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 12th January 2016, as follows—

Clauses 17 to 19
Schedule 4
Clauses 20 to 28
Schedule 5
Clause 29
Schedule 6
Clauses 30 to 32
Schedule 7
Clauses 33 to 37
Schedule 8
Clause 38
Schedule 9
Clauses 39 to 44
Schedule 10
Clause 45
Schedule 11
Clauses 46 to 59
Schedule 12
Clauses 60 to 65
Title

[Amendments marked * are new or have been altered]

Clause 17

BARONESS HAMWEE

LORD PADDICK

160

Page 18, line 9, at end insert “and the authorised officer has reasonable grounds to
believe the power should be exercised urgently.”

161

Page 19, line 37, after “it,” insert—

“( )   until the expiry of a period of one month from the date of
seizure, if earlier,”

162

Page 19, line 38, leave out “or is subsequently”

BARONESS LAWRENCE OF CLARENDON

LORD PADDICK

BARONESS SHEEHAN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 17
stand part of the Bill.

Clause 18

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

163

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, he or she had a reasonable belief
that he or she had a legal right to remain in the United Kingdom
and acted in good faith.”

BARONESS HAMWEE

LORD PADDICK

164

Page 21, line 10, at end insert—

“( )     If a person (“P”) has been arrested for an offence under section 24C
and a relevant vehicle has been detained, the decision whether to
charge P with the offence or institute criminal proceedings against
P for the offence must be taken within the period of a month
beginning with the day on which the arrest takes place.”

LORD BATES

165

Page 21, line 27, leave out “65 or”

166

Page 21, line 28, leave out “discharged or”

167

Page 21, line 34, leave out “on petition”

168

Page 21, line 34, leave out “an indictment or” and insert “a”

BARONESS HAMWEE

LORD PADDICK

169

Page 21, line 41, at end insert “and is not a vehicle under P’s control”

LORD BATES

170

Page 22, line 8, at end insert—

“( )   as to the destination of payments made in compliance with such a
condition;”

BARONESS HAMWEE

LORD PADDICK

171

Page 23, line 3, after “any” insert “specified”

172

Page 23, line 4, leave out from “application” to end of line 15

173

Page 23, leave out lines 24 and 25

LORD BATES

174

Page 23, line 24, leave out “authorising entry on premises by a constable”

175

Page 23, line 26, leave out “by a constable”

BARONESS LAWRENCE OF CLARENDON

LORD PADDICK

BARONESS SHEEHAN

 

The above-named Lords give notice of their intention to oppose the Question that Clause 18
stand part of the Bill.

After Clause 19

BARONESS DOOCEY

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

176

Insert the following new Clause—

“Ability to pay the immigration health surcharge incrementally

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

177

Insert the following new Clause—

“Exemptions from the immigration health surcharge

In section 38 of the Immigration Act 2014 (immigration health charge), 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.””

Schedule 4

BARONESS HAMWEE

LORD PADDICK

178

Page 90, line 26, leave out “may” and insert “shall”

179

Page 91, line 15, leave out from beginning to “a” in line 16

180

Page 91, line 23, at end insert “including compensation to be paid to any person or
body by or for whom the account is or was operated”

181

Page 91, line 31, at end insert—

“( )     The Secretary of State shall not make an application for a freezing
order under section 40C(2) unless he considers that it is
overwhelmingly in the public interest to do so in respect of the
person or body by or for whom the account is operated.

( )     The Secretary of State shall make or agree to an application under
section 40D(6) for the variation of a freezing order in favour of a
person by or for whom an account is operated or for its discharge
unless he considers that it is overwhelmingly not in the public
interest to do so in respect of such person or body.”

182

Page 91, line 33, after first “the” insert “additional”

183

Page 93, line 29, leave out from “under” to end of line 30 and insert “sections 40A,
40B, 40C and 40F”

Clause 20

BARONESS HAMWEE

LORD PADDICK

184

Page 25, line 12, leave out “should” and insert “is required to”

Clause 21

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 21
stand part of the Bill.

Clause 22

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 22
stand part of the Bill.

Clause 25

BARONESS HAMWEE

LORD PADDICK

185

Page 31, line 30, leave out “, or intends to make,”

186

Page 32, line 31, leave out “may” and insert “shall”

187

Page 32, line 33, leave out from “(14)” to end of line 36

188

Page 32, line 40, leave out from second “the” to end of line 41 and insert “person
who appears to be entitled to it.”

189

Page 33, line 6, leave out from “citizenship” to end of line 8

Clause 26

BARONESS HAMWEE

LORD PADDICK

190

Page 33, line 45, leave out from second “the” to end of line 46 and insert “person
who appears entitled to it.”

191

Page 34, line 3, after “State” insert “reasonably”

192

Page 34, line 9, leave out “may” and insert “shall”

193

Page 34, line 11, leave out from “(5)” to end of line 14

Schedule 5

BARONESS HAMWEE

LORD PADDICK

194

Page 94, line 13, leave out from “application” to end of line 17

LORD BATES

195

Page 94, line 14, after “(b)” insert “subject to subsection (2A),”

196

Page 94, line 29, after “(1C)” insert “Subject to subsection (2A),”

197

Page 94, line 35, at end insert—

“( )     After subsection (2) insert—

“(2A)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

198

Page 95, line 7, after “(b)” insert “subject to subsection (3C),”

199

Page 95, leave out lines 21 to 26 and insert—

“( )     After subsection (3) insert—

“(3A)    Subject to subsection (3C), the warrant may authorise entry to
and search of premises on more than one occasion if, on the
application, the justice of the peace is satisfied that it is necessary
to authorise multiple entries in order to achieve the purpose for
which the justice issues the warrant.

(3B)    If it authorises multiple entries, the number of entries authorised
may be unlimited, or limited to a maximum.

(3C)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

200

Page 96, line 35, leave out “28FB(1C)” and insert “28FB(3A)”

BARONESS HAMWEE

LORD PADDICK

201

Page 96, line 45, leave out sub-paragraph (3)

LORD BATES

202

Page 97, line 36, leave out “28FB(1C)” and insert “28FB(3A)”

203

Page 98, line 4, after “(b)” insert “subject to sub-paragraph (6BA),”

204

Page 98, line 17, after “(6AC)” insert “Subject to sub-paragraph (6BA),”

205

Page 98, line 24, at end insert—

“( )     After sub-paragraph (6B) insert—

“(6BA)   A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this paragraph, or

(b)   a warrant under this paragraph authorising multiple
entries.””

206

Page 98, line 26, leave out “(6AC)” and insert “(6BA)”

207

Page 98, line 38, after “(b)” insert “subject to subsection (3A),”

208

Page 99, line 6, after “(2C)” insert “Subject to subsection (3A),”

209

Page 99, line 12, at end insert—

“( )     After subsection (3) insert—

“(3A)    A justice of the peace in Scotland may not issue—

(a)   an all premises warrant under this section, or

(b)   a warrant under this section authorising multiple
entries.””

Clause 29

BARONESS HAMWEE

LORD PADDICK

210

Page 36, line 2, after second “State” insert “reasonably”

211

Page 36, line 25, after “State” insert “reasonably”

212

Page 36, line 32, leave out from “State” to end of line 34 and insert “shall, when he
or she no longer wishes to retain a nationality document in accordance with this
section, return it to the person who supplied it.”

213

Page 37, line 7, leave out from “citizenship” to end of line 9

Schedule 6

LORD BATES

214

Page 100, line 9, leave out “Licensing” and insert “and Labour Abuse”

214A

Page 100, line 23, at end insert—

“Education bodies

The proprietor of a school or 16 to 19 Academy within the meaning of the
Education Act 1996 (see sections 4 and 579(1) of that Act).

The governing body of an institution within the further education sector
within the meaning of the Further and Higher Education Act 1992 (see
sections 90 and 91 of that Act).

The governing body of a qualifying institution within the meaning of
Part 2 of the Higher Education Act 2004 (see sections 11 and 21 of that
Act).

The proprietor or governing body of a school within the meaning of the
Education (Scotland) Act 1980 (see section 135(1) of that Act).

The proprietor or governing body of a post-16 education body within the
meaning of the Further and Higher Education (Scotland) Act 2005 (see
section 35 of that Act).

The proprietor of a school within the meaning of the Education and
Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)) (see Article
2(2) of that Order).

The governing body of an institution of further education within the
meaning of the Further Education (Northern Ireland) Order 1997 (SI
1997/1772 (NI 15)) (see Article 2(2) of that Order).

The governing body of a higher education institution as defined by
Article 30(3) of the Education and Libraries (Northern Ireland) Order
1993 (SI 1993/2810 (NI 12)).”

Clause 30

LORD BATES

214B

Page 37, line 27, at end insert—

“( )     The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
follows.

( )     In section 24A (extension of period of detention under section 24) for
subsection (7) insert—

“(7)     In this section and section 24B, “custody review officer” means—

(a)   an officer who—

(i)   is of a rank at least equivalent to that of police
inspector, and

(ii)   has not been involved in the investigation in
connection with which the person is detained, or

(b)   in relation to the detention of a person under section 24 by
an immigration officer, a constable—

(i)   of the rank of inspector or above, and

(ii)   who has not been involved in the investigation in
connection with which the person is detained.”

( )     In section 26A(2) (power of arrest of authorised immigration officers) omit
“or immigration enforcement offence”.”

214C

Page 37, line 28, leave out “of the Criminal Law (Consolidation) (Scotland) Act
1995”

214D

Page 37, line 37, leave out subsection (3) and insert—

“( )     Omit the definition of “immigration enforcement offence”.”

After Clause 30

LORD BATES

214E

Insert the following new Clause—

“Powers to take fingerprints etc. from dependants

(1)     Section 141 of the Immigration and Asylum Act 1999 (powers to take
fingerprints from certain persons and their dependants) is amended as
follows.

(2)     In subsection (7) for paragraph (f) substitute—

“(f)   any person (“F”) who is—

(i)   a member of the family of a person within any of
paragraphs (a), (b) or (ca) to (e), or

(ii)   a dependant of a person within paragraph (c)(i).”

(3)     In subsection (8)(f) after “person” insert “of whose family he is a member
or”.

(4)     In subsection (9)(f) after “person” insert “of whose family he is a member
or”.

(5)     After subsection (13) insert—

“(13A)   For the purposes of subsection (7)(f)(i), a person is a member of the
family of another person (“P”) if—

(a)   the person is—

(i)   P’s partner,

(ii)   P’s child, or a child living in the same household as
P in circumstances where P has care of the child,

(iii)   in a case where P is a child, P’s parent, or

(iv)   an adult dependant relative of P, and

(b)   the person does not have a right of abode in the United
Kingdom or indefinite leave to enter or remain in the United
Kingdom.

(13B)    In subsection (13A) “child” means a person who is under the age of
18.”

(6)     In subsection (14) for “(7)(f)” substitute “(7)(f)(ii)”.”

(7)     Section 142 of the Immigration and Asylum Act 1999 (attendance for
fingerprinting) is amended as follows.

(8)     In subsection (2) for “a dependant of” substitute “a member of the family
of, or a dependant of,”.

(9)     In subsection (2A) for “a dependant of” substitute “a member of the family
of”.

(10)     Until the commencement of the repeal of section 143 of the Immigration
and Asylum Act 1999 (destruction of fingerprints) by paragraph 17(2) of
Schedule 9 to the Immigration Act 2014, subsection (9) of that section has
effect as if after “the person” there were inserted “of whose family he is a
member or”.

(11)     In section 144A(2) (application of regulations about use and retention of
fingerprints etc to dependants) after “the person” insert “of whose family F
is a member or”.”

BARONESS HAMWEE

LORD PADDICK

215

Insert the following new Clause—

“Oversight of complaints

(1)     The Secretary of State shall establish a commission—

(a)   to set standards for the actions of, and the handling of complaints
against, immigration officers, and

(b)   to investigate serious concerns relating to the conduct of
immigration officers.

(2)     The commission shall make recommendations about the establishment of
an independent oversight body for—

(a)   immigration officers, and

(b)   detainee custody officers, prison officers and prisoner custody
officers insofar as they exercise powers available to immigration
officers, whether under this Act or otherwise.”

Clause 32

BARONESS HAMWEE

LORD PADDICK

215A

Page 38, line 13, leave out “bail” and insert “temporary admission”

After Clause 32

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

216

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 the
relevant provision;

(b)   how to reduce the number of people detained under the relevant
provision;

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

(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 prepared and 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.”

LORD RAMSBOTHAM

BARONESS HAMWEE

BARONESS LISTER OF BURTERSETT

216ZA

Insert the following new Clause—

“Immigration detention

Immigration detention: revision of policy

(1)     The Secretary of State must review the policy underlying the imposition of
immigration detention and the grant of immigration bail.

(2)     The Secretary of State must, not later than 31 December 2016, publish a
strategic plan for immigration detention.

(3)     The Secretary of State must consult persons with experience of supporting
asylum-seekers and other persons whom he or she considers appropriate
in the preparation of the plan.

(4)     For the purposes of this Part, “immigration detention” means detention in
any establishment including immigration detention centres, prisons and
short-term holding centres.”

216ZB

Insert the following new Clause—

“Immigration detention: treatment of detainees

(1)     The Secretary of State must review the rules and guidance relating to the
treatment of immigration detainees.

(2)     The Secretary of State must, not later than 30 June 2016, publish revised
rules and guidance which shall, in particular, provide for—

(a)   standards of training and qualifications of staff who plan for work
with immigration detainees, and staff numbers;

(b)   standards of health care and the availability of varied and
appropriate clinical care;

(c)   the independence of persons concerned with the health and
treatment of detainees;

(d)   interpretation services;

(e)   access to caseworkers;

(f)   access to legal advice;

(g)   access to facilities to enable preparation of immigration claims,
preparation for return home (if applicable) and contact with
families;

(h)   activities, including the maintenance of skills;

(i)   methods of the conducting of searches;

(j)   the protection of detainees vulnerable to bullying; and

(k)   exercise and access to natural light.

(3)     The Secretary of State must consult persons with experience of supporting
asylum-seekers and other persons whom he or she considers appropriate
in the undertaking of the review.”

216ZC*

Insert the following new Clause—

“Immigration detention: presumptions against detention

(1)     Persons mentioned in subsection (2) shall not be held or continue to be held
in immigration detention unless, on the application of the Secretary of
State, the First-tier Tribunal makes an order for detention on the grounds
of public interest.

(2)     The persons are—

(a)   victims of torture;

(b)   victims of rape or other sexual or gender-based violence;

(c)   persons suffering from post traumatic stress disorder;

(d)   persons with a serious mental illness;

(e)   persons with learning difficulties;

(f)   persons who are trans-sexual;

(g)   persons over the age of 65;

(h)   persons whom the Secretary of State is independently advised are
sufficiently vulnerable that their continued detention would be
injurious to their welfare.

(3)     Pregnant women shall not be held in immigration detention.”

216ZD

Insert the following new Clause—

“Immigration detention: accommodation

The Secretary of State shall review the accommodation used for
immigration detention to ensure that it is fit for its purpose.”

Schedule 7

BARONESS HAMWEE

LORD PADDICK

216A

Page 101, line 10, leave out “bail” and insert “temporary admission, referred to in
this Schedule as “bail”,”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

217

Page 101, line 20, at end insert—

“( )     If a person is detained under any of the provisions in sub-paragraph
(1)—

(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
paragraph 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 paragraph—

(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 or she was
detained.

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

(a)   the chamber of the First-tier Tribunal dealing with his or her
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 (jurisdiction in relation to
bail for persons detained on grounds of national security) applies 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 (procedure in relation to
jurisdiction under sections 2 and 3) may include provision made for the
purposes of this paragraph.”

LORD RAMSBOTHAM

BARONESS HAMWEE

LORD ROBERTS OF LLANDUDNO

LORD JUDD

218

Page 101, line 22, at end insert—

“( )     The Secretary of State must grant bail to any person detained under a
provision mentioned in sub-paragraph (1) no later than the twenty-
eighth day following that on which the person was detained.”

LORD RAMSBOTHAM

BARONESS HAMWEE

218A

Page 101, line 22, at end insert—

  ( )     The Secretary of State must grant bail to any person detained under a
provision mentioned in sub-paragraph (1) no later than the twenty-
eighth day following that on which the person was detained, unless
before that day the First-tier Tribunal has, on an application made to the
Tribunal by the Secretary of State, refused bail on the grounds that bail
is not in the public interest.”

218B

Page 101, line 22, at end insert—

“( )     The Secretary of State must grant bail to any person detained under a
provision mentioned in sub-paragraph (1) no later than the twenty-
eighth day following that on which the person was detained, unless the
person has been convicted of, or charged with and not acquitted of, an
offence mentioned in Schedule 4 to the Modern Slavery Act 2015
(offences to which defence in section 45 does not apply).”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

219

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

220

Page 102, line 34, leave out sub-paragraphs (3) to (5)

LORD MACKAY OF CLASHFERN

LORD PANNICK

LORD JUDGE

BARONESS HAMWEE

221

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

BARONESS HAMWEE

LORD PADDICK

221A

Page 103, line 14, leave out “causing a danger to public health or”

221B

Page 103, line 16, leave out “in that person’s interests or”

221C

Page 104, line 15, leave out “require P to” and insert “make reasonable
requirements that P”

221D

Page 104, line 17, leave out “other than” and insert “on behalf of”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

222

Page 105, line 36, leave out sub-paragraph (5)

223

Page 105, line 44, leave out sub-paragraphs (8) to (10)

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

224

Page 106, line 9, 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.”

BARONESS HAMWEE

LORD PADDICK

224A

Page 106, line 16, leave out “may” and insert “must”

224B

Page 106, line 18, leave out from first “the” to “that” in line 19 and insert
“requirement in sub-paragraph (2) applies only to the extent”

224C

Page 106, line 21, leave out “may” and insert “must”

224D

Page 106, line 24, leave out from first “the” to “that” in line 25 and insert
“requirement in sub-paragraph (4) applies only to the extent”

LORD BATES

224E

Page 109, line 4, at end insert—

“      In section 11(1) (construction of references to entry)—

(a)   omit “, or temporarily admitted or released while liable to
detention,”,

(b)   omit “or by Part III of the Immigration and Asylum Act 1999”,
and

(c)   for “or by section 68 of the Nationality, Immigration and Asylum
Act 2002” substitute “or on immigration bail within the meaning
of Schedule 7 to the Immigration Act 2016”.”

224F

Page 112, line 12, at end insert—

“Immigration and Asylum Act 1999 (c. 33)

The Immigration and Asylum Act 1999 is amended as follows.

In section 10(9) (removal of persons unlawfully in the United Kingdom:
application of Schedule 2 to the Immigration Act 1971) omit paragraphs
(h) and (i).

In section 53 (applications for bail in immigration cases) omit subsection
(4).

In section 95(9A) (support for asylum seekers etc: matters to which
conditions may relate) in paragraph (b) for the words from “restriction”
to the end of the paragraph substitute “condition imposed under
Schedule 7 to the Immigration Act 2016 (immigration bail).”

  (1)     Section 141 (fingerprinting: persons temporarily admitted to the United
Kingdom) is amended as follows.

(2)     In subsection (7)(b) for “temporarily admitted under paragraph 21 of
Schedule 2 to the 1971 Act” substitute “granted immigration bail under
Schedule 7 to the Immigration Act 2016”.

(3)     In subsection (8)(b) for “admit him temporarily” substitute “grant him
bail”.

224G

Page 112, line 14, at end insert—

  (1)     Section 23 (power for residence restriction to include requirement to
reside at accommodation centre) is amended as follows.

(2)     In subsection (1) for “restriction” substitute “condition”.

(3)     For subsection (2) substitute—

“(2)   In subsection (1) “residence condition” means a condition
imposed under Schedule 7to the Immigration Act 2016.”

(4)     In subsection (4) for “restriction” substitute “condition”.”

In section 30 (conditions of residence at accommodation centres) in
subsection (7) for the words from “restriction” to the end of the
subsection substitute “condition imposed under Schedule 7 to the
Immigration Act 2016.””

224H

Page 112, line 18, at end insert—

  (1)     Section 70 (power for residence restriction to take account of induction
programmes for asylum seekers) is amended as follows.

(2)     In subsection (1) for “restriction” in both places substitute “condition”.

(3)     For subsection (2) substitute—

“(2)   In subsection (1) “residence condition” means a condition
imposed under Schedule 7 to the Immigration Act 2016.”

(4)     In subsection (5) for “restrictions” substitute “conditions”.

  (1)     Section 71 (asylum seeker: residence etc restriction) is amended as
follows.

(2)     In subsection (2)—

(a)   for the words from “restriction” to “restrictions)” substitute
“condition which may be imposed under Schedule 7 to the
Immigration Act 2016”, and

(b)   for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(3)     In subsection (3)—

(a)   for “restriction” in each place substitute “condition”,

(b)   for “paragraph 21 of that Schedule” substitute “Schedule 7 to the
Immigration Act 2016”, and

(c)   for “that Schedule” substitute “Schedule 2 to the Immigration Act
1971”.

(4)     In subsection (4) for “restriction” substitute “condition”.”

224J

Page 112, line 24, at end insert—

“( )   in the heading, for “Temporary admission, &c” substitute
“Immigration bail”,”

224K

Page 113, line 6, at end insert—

“Criminal Justice and Immigration Act 2008 (c. 4)

The Criminal Justice and Immigration Act 2008 is amended as follows.

In section 132(4) (special immigration status: effect of designation) in
paragraph (b) for the words from “temporary admission” to the end of
the paragraph substitute “immigration bail under Schedule 7 to the
Immigration Act 2016.”

In section 133 (special immigration status: conditions) for subsections (3)
and (4) substitute—

“(3)     If a condition is imposed under this section on a designated
person, the person imposing the condition may also impose an
electronic monitoring condition within the meaning of Schedule
7 to the Immigration Act 2016 on the designated person.

(3A)    Paragraph 4 (electronic monitoring conditions) of that Schedule
applies in relation to a condition imposed under subsection (3) as
it applies to an electronic monitoring condition imposed under
that Schedule.

(4)     Paragraph 7(4) and (5) (bail conditions: travelling expenses) of
that Schedule applies in relation to conditions imposed under
subsection (2)(c) as it applies to conditions imposed under that
Schedule.””

Clause 33

BARONESS HAMWEE

LORD PADDICK

225

Page 38, line 31, after “a” insert “material”

226

Page 38, line 32, leave out “used or uses deception in seeking” and insert
“deliberately used or uses deception to seek”

After Clause 33

BARONESS HAMWEE

LORD PADDICK

226A

Insert the following new Clause—

“Return of asylum seekers: countries deemed safe

(1)     Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc)
Act 2004 (removal of asylum seeker to safe country) is amended as follows.

(2)     In paragraph 8, omit sub-paragraph (2).

(3)     In paragraph 12, omit sub-paragraph (2).”

LORD ROBERTS OF LLANDUDNO

226B

Insert the following new Clause—

“Exemption from deportation

Exemption from deportation for unaccompanied minors upon reaching the age
of 18

After section 7(3) of the Immigration Act 1971 (exemption from deportation
for certain existing residents) insert—

“(3A)    A person shall not be liable to deportation under section 3 upon
reaching the age of 18 if the person entered the United Kingdom
under the age of 18 as an unaccompanied minor.””

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

226C

Insert the following new Clause—

“Registration with police: requirement for review

(1)     The Secretary of State shall undertake a review of the requirement that
immigrants register with the police in accordance with section 4(3) of the
Immigration Act 1971 and shall, within one year of the passing of this Act,
lay before each House of Parliament a report on that review.

(2)     The report shall include an assessment of—

(a)   the resources required to conduct the registration process;

(b)   the usefulness of registration;

(c)   the uses to which the information obtained through registration is
put;

(d)   the necessity for the requirement; and

(e)   any recommended changes including efficiencies.”

Clause 34

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

227

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.””

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

LORD ALTON OF LIVERPOOL

LORD RAMSBOTHAM

 

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

Clause 35

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that Clause 35
stand part of the Bill.

Clause 37

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

 

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

After Clause 37

BARONESS LISTER OF BURTERSETT

LORD ALTON OF LIVERPOOL

LORD DUBS

LORD JUDD

228

Insert the following new Clause—

“Asylum support move on period

Persons in receipt of asylum support will cease to receive such support 40
days after receiving a Biometric Residence Permit following the granting
of—

(a)   refugee status;

(b)   humanitarian protection status;

(c)   discretionary leave status;

(d)   indefinite leave to remain; or

(e)   limited leave to remain for 30 months.”

BARONESS HAMWEE

LORD PADDICK

229

Insert the following new Clause—

“Ending asylum support

In section 94 of the Immigration and Asylum Act 1999, for subsection (3)
substitute—

“(3)     For the purposes of this Part, a claim for asylum is determined—

(a)   when, following a decision—

(i)   the Secretary of State has notified the claimant that
his or her decision is to accept the asylum claim,

(ii)   the Secretary of State has notified the claimant that
his or her decision is to reject the asylum claim but at
the same time notifies him or her that he or she is
giving him or her limited leave to enter or remain in
the United Kingdom, or

(iii)   an appeal by the claimant against the Secretary of
State’s decision has been disposed of by being
allowed,

and the claimant or dependents of the claimant do not
appear to the Secretary of State to be destitute; or

(b)   where the decision has not resulted in a grant of leave, at the
end of such period as may be prescribed beginning—

(i)   on the day on which the Secretary of State notifies
the claimant of his or her decision on the claim, or

(ii)   if the claimant has appealed against the Secretary of
State’s decision, on the day on which the appeal is
disposed of.””

Schedule 8

LORD BATES

229ZA

Page 114, line 5, at end insert—

“( )   in section 134 of the Criminal Justice and Immigration Act 2008,
omit subsection (5);”

229ZB

Page 114, line 7, after “or”” insert “and “persons temporarily admitted and””

229ZC

Page 114, line 7, at end insert—

“( )   in paragraph 8 of Schedule 3 to the Immigration Act 2014, omit
paragraph (a)”

BARONESS HAMWEE

LORD PADDICK

229ZD*

Page 114, line 44, leave out from “claims),” to end of line 46

229ZE*

Page 115, line 1, at end insert—

“(b)   omit the words “as may be prescribed”.”

LORD ROBERTS OF LLANDUDNO

229A

Page 116, line 42, leave out “may” and insert “must”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

LORD ROBERTS OF LLANDUDNO

230

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 him or her under
this section, the person may appeal to the First-tier Tribunal.”

LORD BATES

230ZA

Page 117, line 33, leave out from “a” to end of line 36 and insert “condition imposed
under Schedule 7 to the Immigration Act 2016 (immigration bail);”

BARONESS HAMWEE

LORD PADDICK

230ZB*

Page 118, line 44, leave out from “95A” to end of line 46 and insert “shall be in the
form of cash”

LORD ROBERTS OF LLANDUDNO

230A

Page 119, line 19, leave out “may” and insert “must”

230B

Page 119, line 27, leave out “may” and insert “must”

LORD BATES

230C

Page 121, line 31, at end insert—

“      In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements), in paragraph 8 (accommodation provided by virtue of
immigration provisions)—

(a)   in paragraph (b) after “95” insert “or 95A”, and

(b)   in paragraph (c) after “98” insert “or 98A”.”

BARONESS HAMWEE

LORD PADDICK

 

The above-named Lords give notice of their intention to oppose the Question that
Schedule 8 be the Eighth Schedule to the Bill.

Clause 38

LORD ALTON OF LIVERPOOL

230D

Page 40, line 18, at end insert “subject to subsection (2).

(2)     This section and Schedule 9 shall not have effect in respect of any former
relevant child if a local authority by whom he or she was looked after failed
to ensure that he or she was advised and assisted in connection with—

(a)   an application for him or her to be registered as a British citizen in
circumstances where he or she was either entitled to be registered
as a British citizen or otherwise entitled to apply to be registered;

(b)   an application for him or her to be granted indefinite leave to
remain in circumstances where he or she satisfied requirements
under the immigration rules for a grant of indefinite leave to
remain; or

(c)   an application for him or her to be granted limited leave to remain
in circumstances where he or she satisfied requirements under the
immigration rules for a grant of limited leave to remain.

(3)     In this section—

“former relevant child” has the meaning described in section 23C of
the Children Act 1989 (continuing functions in respect of former
relevant children), and

“immigration rules” means the rules as laid before Parliament by the
Secretary of State under section 3(2) of the Immigration Act 1971
(general provisions for regulation and control).”

After Clause 38

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS LISTER OF BURTERSETT

LORD JUDD

231

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 provisions in the EU Dublin III
Regulation (Regulation (EU) No 604/2013) for spouses or children
under 18 with refugee status or those granted humanitarian
protection to be reunited with family members in the United
Kingdom;

(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 United Kingdom.

(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.”

BARONESS HAMWEE

LORD PADDICK

232

Insert the following new Clause—

“Families of British citizens and other persons with leave to remain

(1)     The Secretary of State shall, within six months of the passing of this Act,
amend the Immigration Rules regarding any person who satisfies the
conditions in subsections (2) and (3), in the ways specified in subsection (4).

(2)     The first condition is that the person is applying for—

(a)   entry clearance to the United Kingdom,

(b)   leave to remain in the United Kingdom, or

(c)   indefinite leave to remain in the United Kingdom.

(3)     The second condition is that the person is applying as the non-European
Economic Area national partner or dependent child of a person who is—

(a)   a British Citizen,

(b)   present and settled in the United Kingdom, or

(c)   in the United Kingdom with refugee leave or humanitarian
protection.

(4)     Immigration Rules shall specify that, for a person who meets the conditions
in subsections (2) and (3)—

(a)   the minimum annual income requirement shall be—

(i)   for a partner, the equivalent of one year’s salary (net of tax
and national insurance contributions, and allowing for four
weeks’ holiday) at the rate of the national minimum wage in
effect at the time,

(ii)   for one child in addition to the partner, the additional sum
of £2500,

(iii)   for each further child, the additional sum of £2000, and

(b)   subsidies and financial support (including the value of
accommodation provided) shall be applied towards the calculation
of income.”

233

Insert the following new Clause—

“Failed asylum seekers: support for voluntary return

(1)     A person who is a failed asylum seeker who has not left the United
Kingdom shall be provided with—

(a)   a caseworker,

(b)   a named point of contact representing the Secretary of State, and

(c)   legal advice.

(2)     Such provision shall be made or arranged by the Secretary of State.

(3)     The Secretary of State shall appoint an independent person to review and
report on the operation of assisted voluntary return procedures for failed
asylum seekers.

(4)     The reviewer must, in particular, report on—

(a)   the level of financial support provided to failed asylum seekers
when they leave the United Kingdom, and

(b)   the level of contact with organisations in the country of return
necessary for the welfare of the failed asylum seekers.

(5)     The report must be completed before 1 October 2016.”

LORD HYLTON

BARONESS HAMWEE

THE LORD BISHOP OF SOUTHWARK

234

Insert the following new Clause—

“Family reunion: persons with international protection needs

(1)     Rules made by the Secretary of State under section 3 of the Immigration Act
1971 (general provisions for regulation and control), shall, within six
months of the passing of this Act, make provision for—

(a)   British citizens and persons settled in the UK to be enabled to
sponsor their children, grandchildren, parents, grandparents,
spouses, civil or unmarried partners, or siblings, who are persons
registered with the Office of the UN High Commissioner for
Refugees or with the authorities responsible for the protection of
refugees in the State in which they are present, to come to the UK
on terms no less favourable than those under rules made under that
section which apply to family members of persons recognised as
refugees, save that it may be provided that those sponsored shall
have no recourse to public funds; and

(b)   applications for refugee family reunion from the children,
grandchildren, parents, grandparents, spouses, civil or unmarried
partners, or siblings of persons recognised as refugees or who have
been granted humanitarian protection in the United Kingdom.

(2)     An order shall be made by the Lord Chancellor under section 9(2)(a) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (general
cases) in respect of family reunion for the persons described in subsection
(1) within six months of the passing of this Act.”

LORD ALTON OF LIVERPOOL

BARONESS NICHOLSON OF WINTERBOURNE

BARONESS COX

234A

Insert the following new Clause—

“Conditions for grant of asylum: cases of genocide

(1)     A person seeking asylum in the United Kingdom who belongs to a
national, ethnical, racial or religious group which is, in the place from
which that person originates, subject to the conditions detailed in Article II
of the Convention on the Prevention and Punishment of the Crime of
Genocide, shall be presumed to meet the conditions for asylum in the
United Kingdom.

(2)     The adjudication of whether the group to which the person seeking asylum
belongs meets the description specified in subsection (1) shall be
determined by a Justice of the Supreme Court after consideration of the
available facts.

(3)     Applicants for asylum in the United Kingdom from groups designated
under this section may submit their applications and have them assessed at
British missions overseas.”

Schedule 9

THE EARL OF LISTOWEL

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NORWICH

234B

Page 125, line 27, leave out paragraph 2

LORD BATES

234C

Page 125, line 30, after “person” insert “in England”

234D

Page 125, line 31, after “paragraph” insert “4, 5 or”

234E

Page 125, line 39, after “person” insert “in England”

234F

Page 125, line 40, after second “paragraph” insert “4, 5 or”

234G

Page 126, line 24, at end insert—

“      After paragraph 2 insert—

“2A (1)     Paragraph 1(1)(g) or (ga) does not prevent the provision of
support or assistance under a relevant provision to a person to
whom paragraph 1 would otherwise apply by virtue of
paragraph 7B if—

(a)   conditions A and B are satisfied in relation to that
person, and

(b)   condition C, D or E is satisfied in relation to that
person.

(2)     In sub-paragraph (1) “relevant provision” means—

(a)   section 23C, 23CZA or 23CA of the Children Act 1989,

(b)   regulations under section 23D of that Act, or

(c)   section 24A or 24B of that Act.

(3)     Condition A is that—

(a)   the person has made an application for leave to enter or
remain in the United Kingdom, and

(b)   where regulations made by the Secretary of State
19require that the application must be of a kind specified
in the regulations for this condition to be satisfied, the
21application is of that kind.

(4)     Condition B is that—

(a)   the application is the first application for leave to enter
or remain in the United Kingdom that the person has
made, or

(b)   where regulations under sub-paragraph (3)(b) require
27that the application must be of a kind specified in the
regulations for condition A to be satisfied, the
29application is the first application of that kind that the
person has made.

(5)     Condition C is that the application has not been determined or
withdrawn.

(6)     Condition D is that—

(a)   the application has been refused,

(b)   the person could bring an appeal under section 82(1)
against the refusal (ignoring any possibility of an
appeal out of time with permission), and

(c)   if the person brought such an appeal, it would not be
one that, by virtue of section 92(6), would have to be
continued from outside the United Kingdom.

(7)     Condition E is that—

(a)   the application has been refused,

(b)   the person has appealed under section 82(1) against the
refusal,

(c)   the appeal is not one that, by virtue of section 92(6),
must be continued from outside the United Kingdom,
and

(d)   the appeal is pending within the meaning of section
104.

(8)     For the purposes of sub-paragraph (3) the Secretary of State
may by regulations provide for circumstances in which—

(a)   a person is to be treated as having made an application
for leave to enter or remain in the United Kingdom
(despite not having made one), or

(b)   a person is to be treated as not having made such an
application where the Secretary of State is satisfied that
the application made is vexatious or wholly without
merit.””

BARONESS HAMWEE

LORD PADDICK

[Amendments 234H to 234L are amendments to Amendment 234G]

234H*

Line 19, leave out “be” and insert “arise from circumstances”

234J*

Line 21, leave out “is of that kind” and insert “so arises”

234K*

Line 27, leave out “be” and insert “arise from circumstances”

234L*

Line 29, leave out “of that kind” and insert “so arising”

THE EARL OF LISTOWEL

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NORWICH

BARONESS HAMWEE

234M

Page 126, line 37, leave out from beginning to end of line 9 on page 127

234N

Page 127, line 20, after “it,” insert—

“( )   he entered the United Kingdom as an adult,”

LORD BATES

234P

Page 127, line 23, at end insert—

“Seventh class of ineligible person: primary carer without leave to enter or remain

7C  (1)     Paragraph 1 applies to a person in England (“P”) if—

(a)   P is the primary carer of a British citizen (“the relevant
British citizen”),

(b)   the relevant British citizen is residing in the United
Kingdom,

(c)   the relevant British citizen would be unable to reside in
the United Kingdom or in another EEA State if P were
required to leave the United Kingdom,

(d)   if circumstances were not as mentioned in paragraphs
(a) to (c), under the Immigration Act 1971 P would
require leave to enter or remain in the United Kingdom
but would not have such leave, and

(e)   P is not an asylum-seeker.

(2)     Paragraph 1 also applies to the dependant of a person to whom
that paragraph applies by virtue of sub-paragraph (1).

(3)     In making for the purposes of this Schedule or regulations
made under it a determination as to whether sub-paragraph
(1)(c) applies in relation to P, a person may rely on—

(a)   a document of a kind specified in regulations made by
the Secretary of State, or

(b)   information or guidance provided by the Secretary of
State for the purposes of such a determination.”

BARONESS HAMWEE

LORD PADDICK

234Q*

Page 127, line 26, leave out “may” and insert “must”

LORD BATES

234R

Page 127, line 28, after “7B(1)” insert “or 7C(1)”

234S

Page 127, line 32, leave out “or D” and insert “, D or E”

234T

Page 128, line 8, at end insert—

“( )     Condition B is that—

(a)   the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(b)   if the person brought such an appeal, it would not be
one that, by virtue of section 92(6), would have to be
continued from outside the United Kingdom.”

234U

Page 128, line 9, leave out “B” and insert “C”

234V

Page 128, line 14, leave out “C” and insert “D”

234W

Page 128, line 18, leave out “D” and insert “E”

BARONESS HAMWEE

LORD PADDICK

234X*

Page 128, line 23, leave out “or must”

LORD BATES

234Y

Page 128, line 26, at end insert—

“( )     The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a
person (“P”)—

(a)   to whom paragraph 1 applies by virtue of paragraph
7B(1) or 7C(1), and

(b)   who it appears to a person specified in the regulations
may be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to
determine whether such support should be provided to P.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

235

Page 128, line 26, at end insert—

“( )     Regulations under this paragraph may not be made unless a
draft of the instrument containing the regulations has been
laid before, and approved by a resolution of, each House of
Parliament.”

THE EARL OF LISTOWEL

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NORWICH

BARONESS HAMWEE

235A

Page 129, line 6, leave out from beginning to end of line 25 on page 130 and insert—

“10B          The Secretary of State shall provide adequate funding to local
authorities in respect of the costs of meeting their duties under
sections 23C, 23CA, 23ZA, 23D, 24A and 24B of the Children
Act 1989 to persons subject to immigration control.”

BARONESS HAMWEE

LORD PADDICK

235B*

Page 129, line 6, leave out “may” and insert “must”

LORD BATES

235C

Page 129, leave out lines 9 and 10 and insert—

“( )   who would otherwise be eligible for support or
assistance under section 23C, 23CZA or 23CA of the
Children Act 1989, under regulations under section
23D of that Act or under section 24A or 24B of that
Act,”

235D

Page 129, line 11, leave out “(b) who is not a relevant failed asylum seeker,”

235E

Page 129, line 12, leave out “or C” and insert “, C or D”

235F

Page 129, leave out lines 13 to 23

BARONESS HAMWEE

LORD PADDICK

235G*

Page 129, line 30, leave out “be” and insert “arise from circumstances”

235H*

Page 129, line 31, leave out “is of that kind” and insert “so arises”

LORD BATES

235J

Page 129, line 33, at end insert—

“( )     Condition B is that—

(a)   the person is destitute,

(b)   the person could bring an appeal under section 82(1)
(ignoring any possibility of an appeal out of time with
permission), and

(c)   if the person brought an appeal under section 82(1), it
would not be one that, by virtue of section 92(6), would
have to be continued from outside the United
Kingdom.”

235K

Page 129, line 34, leave out “B” and insert “C”

235L

Page 129, line 40, leave out “C” and insert “D”

235M

Page 130, line 2, at end insert—

“( )     The Secretary of State may make regulations providing for
arrangements to be made for support to be provided to a
person (“P”)—

(a)   to whom paragraph 1 applies by virtue of paragraph
7B(1), and

(b)   who it appears to a person specified in the regulations
may be destitute,

until a person by whom support may be provided under
arrangements by virtue of sub-paragraph (1) is able to
determine whether such support should be provided to P.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

236

Page 130, line 2, at end insert—

“( )     Regulations under this paragraph may not be made unless a
draft of the instrument containing the regulations has been
laid before, and approved by a resolution of, each House of
Parliament.”

LORD BATES

236ZA

Page 130, line 31, leave out “or 7B” and insert “, 7B or 7C”

236ZB

Page 131, line 1, at beginning insert—

“(1)     Paragraph 16 (orders and regulations) is amended as follows.

(2)     ”

236ZC

Page 131, line 1, leave out from “In” to “after” in line 2 and insert “sub-paragraph
(2)(d)”

236ZD

Page 131, line 3, at end insert—

“(3)     In sub-paragraph (3) after “2(1)(d) or (e)” insert “or 2A(3)(b)”.”

236ZE

Page 131, line 3, at end insert—

“      In Schedule 3 to the Immigration Act 2014 (excluded residential tenancy
agreements) after paragraph 8 insert—

“8A    An agreement under which accommodation is provided to a
person under arrangements made by virtue of paragraph 10A
or 10B of Schedule 3 to the Nationality, Immigration and
Asylum Act 2002 (support for certain persons who are
otherwise ineligible for support by virtue of that Schedule).””

Clause 39

BARONESS HAMWEE

LORD PADDICK

236ZF*

Page 41, line 17, after “may” insert “, having consulted the Secretaries of State with
responsibility for children and for communities and local government,”

Clause 42

BARONESS HAMWEE

LORD PADDICK

236ZG*

Page 42, line 27, at end insert—

“( )     Before finalising the scheme, the Secretary of State must consult the local
authorities to which the scheme relates.”

236ZH*

Page 42, line 33, at end insert “, and

(c)   must specify the provision of resources.”

Clause 43

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

236A

Page 43, line 20, at end insert—

“( )     Regulations under subsection (1) may only be made with the prior consent
of the National Assembly for Wales (in the case of regulations which make
provision about Wales), the Scottish Parliament (in the case of regulations
which make provision about Scotland), or the Northern Ireland Assembly
(in the case of regulations which make provision about Northern Ireland).”

LORD WIGLEY

237

Page 43, line 24, at end insert “, if consent to such application has been granted by
the National Assembly for Wales, the Scottish Parliament and the Northern Ireland
Assembly respectively,”

238

Page 43, line 30, after “not” insert “, without their prior consent respectively,”

After Clause 43

LORD DUBS

LORD ROBERTS OF LLANDUDNO

BARONESS JONES OF MOULSECOOMB

LORD JUDD

239

Insert the following new Clause—

“Unaccompanied refugee children

(1)     The Secretary of State must, as soon as possible, make arrangements to
relocate 3,000 unaccompanied refugee children who are in European
countries to the United Kingdom.

(2)     The relocation of children under subsection (1) shall be in addition to the
resettlement of children under the Vulnerable Persons Relocation Scheme.”

LORD TEVERSON

239A

Insert the following new Clause—

“Marriage: immigration status

(1)     No citizen of the United Kingdom shall be prevented from marrying or
entering into a civil partnership with a person, and living with that person
in the United Kingdom, by reason of the immigration status of that person
immediately prior to the marriage or civil partnership.

(2)     The entitlements described in subsection (1) shall only be constrained by—

(a)   the Marriage Act 1949;

(b)   the Civil Partnership Act 2004; and

(c)   the exclusion of any marriage or civil partnership deemed to be
sham.

(3)     The entitlements described in subsection (1) shall extend to any United
Kingdom citizen married under the provisions of the Marriage (Same Sex
Couples) Act 2013.”

BARONESS KENNEDY OF THE SHAWS

239B

Insert the following new Clause—

“Access to higher education for young people leaving care who have leave to
enter or remain

(1)     The Secretary of State for Business, Innovation and Skills shall make
regulations identifying as eligible for student support a person who—

(a)   has leave to enter or remain;

(b)   is a person to whom a duty is owed by a local authority under
section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act
1989;

(c)   is ordinarily resident in the UK and has not ceased to be so resident
since the person was granted leave to enter or remain; and

(d)   is ordinarily resident in the UK on the first day of the first academic
year of the course.

(2)     The Secretary of State for Education and Skills shall make regulations
providing that tuition fees may not be charged at a higher rate for a person
who—

(a)   has leave to enter or remain in the UK;

(b)   is an asylum seeker; or

(c)   has made an application for leave to enter or remain in the UK
which has not been finally determined;

and to whom a duty is owed by a local authority under section 20, 21, 22,
23A, 23C, 23CA, 24A or 24B of the Children Act 1989.

(3)     For the purposes of this section, a duty owed to a person by a local
authority shall be interpreted as if Schedule 3 to the Nationality,
Immigration and Asylum Act 2002 (withholding and withdrawal of
support) did not apply.

(4)     “Student support” means financial support by way of grant or loan made
by the Secretary of State pursuant to regulations under section 22 of the
Teaching and Higher Education Act 1998 (new arrangements for giving
financial support to students).

(5)     “Tuition fees” means fees payable for a course of a description mentioned
in Schedule 6 to the Education Reform Act 1988 (courses of higher
education).”

Schedule 11

LORD BATES

239C

Page 140, line 16, leave out from “means” to end of line 18 and insert “only a person
who is—

(a)   a member of the Police Service of Northern Ireland,

(b)   a member of the Police Service of Northern Ireland Reserve, or

(c)   a person appointed as a special constable in Northern Ireland by
virtue of provision incorporating section 79 of the Harbours,
Docks, and Piers Clauses Act 1847;”

After Clause 46

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

240

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.”

LORD MARLESFORD

241

Insert the following new Clause—

“Obligation to provide information on passports

(1)     A condition of the issue of a new passport to, or the renewal of a passport
of a British citizen who was either born outside the United Kingdom or
who was not a British citizen at birth 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)     A person holding a passport issued or renewed in accordance with
subsection (1) 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 TEVERSON

241A

Insert the following new Clause—

“Survey on illegal migration

(1)     The Secretary of State shall undertake or commission an annual survey on
illegal migrants residing within the United Kingdom, to use as an evidence
base for policy formulation and implementation.

(2)     The annual survey shall produce best estimates, for illegal migrants
residing within the United Kingdom, of—

(a)   their total number;

(b)   their geographical distribution within the United Kingdom;

(c)   their place of origin and nationality;

(d)   the route by which they entered the United Kingdom or the
Common Travel Area;

(e)   their legal or non-legal basis of entry into the United Kingdom;

(f)   their occupation;

(g)   their purpose for being and remaining in the United Kingdom; and

(h)   whether they have immediate family members that are resident
United Kingdom citizens or have indefinite leave to remain.

(3)     The annual survey shall be reviewed by the Office for National Statistics.

(4)     The Secretary of State shall lay a report of each survey, including details of
the review referred to in subsection (3), before each House of Parliament.”

Clause 47

LORD BATES

241B

Page 45, line 29, at beginning insert “in England and Wales or Scotland,”

241C

Page 45, line 31, at end insert—

“( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the public authority is the hirer within the
meaning of those regulations,”

241D

Page 45, line 35, at beginning insert “in relation to England and Wales and
Scotland,”

241E

Page 45, line 36, after “1996,” insert—

“( )   in relation to Northern Ireland, has the meaning given by Article
236(3) of the Employment Rights (Northern Ireland) Order 1996 (SI
1996/1919 (NI 16)),”

BARONESS LISTER OF BURTERSETT

LORD SWINFEN

LORD SHIPLEY

THE LORD BISHOP OF SALISBURY

242

Page 46, line 3, at end insert—

“( )     Persons whose first language is British Sign Language will be exempt from
this provision.”

Clause 48

LORD BATES

242A

Page 46, line 17, after “Part” insert “in relation to those functions”

242B

Page 46, line 20, at end insert—

“(4A)    A person who exercises functions in relation to Wales is a public authority
for the purposes of this Part in relation to those functions only if and to the
extent that those functions relate to a matter which is outside the legislative
competence of the National Assembly for Wales.

(4B)    A person who exercises functions in relation to Northern Ireland is a public
authority for the purposes of this Part in relation to those functions only if
and to the extent that those functions relate to an excepted matter.

(4C)    In subsection (4B) “Northern Ireland” and “excepted matter” have the same
meanings as in the Northern Ireland Act 1998.”

Clause 49

BARONESS HAMWEE

LORD PADDICK

242C*

Page 46, line 29, leave out “may by regulations” and insert “must by regulations
laid before Parliament not later than the date on which section 47 comes into force”

LORD BATES

242D

Page 46, line 42, leave out “or”

242E

Page 47, line 1, at beginning insert “in England and Wales or Scotland,”

242F

Page 47, line 3, at end insert “, or

( )   in Northern Ireland, as an agency worker within the meaning of the
Agency Workers Regulations (Northern Ireland) 2011 (SR 2011/
350) in respect of whom the contractor is the hirer within the
meaning of those regulations.”

Clause 50

BARONESS HAMWEE

LORD PADDICK

242G*

Page 47, line 29, at end insert “and for different roles or descriptions of roles”

Clause 52

LORD BATES

242H

Page 48, line 5, leave out “in both England and” and insert “outside Wales and in”

After Clause 52

BARONESS HAMWEE

LORD PADDICK

242J*

Insert the following new Clause—

“Review of language requirements for public sector workers

(1)     The Secretary of State must, within five years of this Part coming into force,
lay before each House of Parliament a report on the implementation and
operation of the Part.

(2)     The report must consider—

(a)   the extent and types of authority subject to the requirement;

(b)   the standard required;

(c)   procedures for complaints;

(d)   direct and indirect discrimination which has or may have arisen;
and

(e)   the resources required to meet the requirement.”

Clause 53

LORD BATES

242K

Page 48, line 18, at end insert—

““Wales” has the same meaning as in the Government of Wales Act
2006.”

Clause 55

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242L

Page 49, line 12, at end insert—

“( )     Regulations under this section must provide for exemption from a
charge in the case of an application made—

(a)   to fill a skills gap directly concerned with the provision of
education;

(b)   by an institution whose primary function is the provision of
education or skills training;

(c)   to fill a skills gap directly concerned with the provision of
health services;

(d)   by an institution whose primary function is the provision of
health services.”

242M

Page 49, line 12, at end insert—

“( )     Regulations under this section must provide for exemption from a
charge in the case of an application made by an institution in the
public sector.”

242N

Page 49, line 12, at end insert—

“( )     Charges under this section—

(a)   may not exceed amounts to be specified in regulations
following consultation with representatives of the
employment sector in question;

(b)   may not be imposed in more than two concurrent years in
respect of any individual.”

242P

Page 49, line 15, at end insert—

“( )     Before making regulations under this section regarding the
application of sums paid, the Secretary of State must consult
representatives of the persons upon whom the charge is imposed.”

242Q

Page 49, line 18, leave out from beginning to second “is” and insert “The sponsor
is exempt for the purposes of this section if the individual”

242R

Page 49, line 24, at end insert—

“( )     The Secretary of State must arrange for an independent review of
the operation of this section to be conducted as soon as practicable
after the expiry of the period of one year from the date when the
first regulations made under it come into force.

( )     The review must in particular—

(a)   assess the impact on—

(i)   employer recruitment patterns;

(ii)   employers;

(iii)   the UK labour market;

(iv)   the economy; and

(b)   make recommendations as to—

(i)   the level of the charge;

(ii)   exemptions.

( )     The Secretary of State must lay a copy of the report before each
House of Parliament.”

After Clause 55

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242S

Insert the following new Clause—

“Tier 1 (Investor) visa

(1)     The Secretary of State must make rules which shall come into force no later
than 1 January 2017—

(a)   to close the Tier 1 (Investor) route;

(b)   to close applications to extend leave under Tier 1 (Investor) to
applicants in the United Kingdom before 1 January 2017.

(2)     Nothing in this section shall affect leave to enter or remain of the holder of
a Tier 1 (Investor) visa granted before that date in accordance with that
leave.”

Clause 56

BARONESS HAMWEE

LORD PADDICK

242T*

Page 50, line 3, at end insert “but only when a fast-track exercise of function is
provided and if the excess is applied to reducing the cost of the normal exercise of
the function.”

Schedule 12

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

242U

Page 155, line 5, leave out paragraphs 1 and 2

242V

Page 157, line 40, leave out paragraphs 4 and 5

Clause 62

LORD BATES

243

Page 52, line 39, leave out “any provision of section 2, 4, 5, 6 or 7” and insert
“primary legislation”

244

Page 52, line 40, at end insert—

“( )   regulations under section (Functions in relation to labour market)
which amend or repeal primary legislation,

( )   regulations under section (Power to request LME undertaking),
(Measures in LME undertakings) or (Measures in LME orders),”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

245

Page 52, line 40, at end insert—

“( )   regulations under section (Review of the remit of the Gangmasters
Licensing Authority
),”

Clause 63

BARONESS HAMWEE

LORD PADDICK

245A*

Page 53, line 36, leave out “two” and insert “six”

Clause 64

LORD BATES

245B

Page 54, line 1, leave out subsection (3)

In the Title

LORD BATES

246

Line 3, leave out “Director of Labour Market Enforcement” and insert
“enforcement of certain legislation relating to the labour market”

 

Prepared 29th January 2016