Session 2015-16
Other Public Bills before Parliament
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Immigration Bill
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 34 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 34
LORD ROSSER
LORD KENNEDY OF SOUTHWARK
LORD ALTON OF LIVERPOOL
BARONESS LISTER OF BURTERSETT
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
Insert the following new Clause—
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
Insert the following new Clause—
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
Page 114, line 5, at end insert—
“( ) in section 134 of the Criminal Justice and Immigration Act 2008,
omit subsection (5);”
Page 114, line 7, after “or”” insert “and “persons temporarily admitted and””
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
Page 114, line 44, leave out from “claims),” to end of line 46
Page 115, line 1, at end insert—
“(b) omit the words “as may be prescribed”.”
LORD ROBERTS OF LLANDUDNO
Page 116, line 42, leave out “may” and insert “must”
LORD ROSSER
LORD KENNEDY OF SOUTHWARK
BARONESS LISTER OF BURTERSETT
LORD ROBERTS OF LLANDUDNO
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
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
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
Page 119, line 19, leave out “may” and insert “must”
Page 119, line 27, leave out “may” and insert “must”
LORD BATES
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
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
Insert the following new Clause—
(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
Insert the following new Clause—
(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.”
Insert the following new Clause—
(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
BARONESS KENNEDY OF THE SHAWS
Insert the following new Clause—
(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
LORD FORSYTH OF DRUMLEAN
Insert the following new Clause—
(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.”
BARONESS HAMWEE
LORD PADDICK
Insert the following new Clause—
(1) The Secretary of State must, within six months of this Act coming into force,
amend the immigration rules regarding the entry clearance of adult
dependent relatives of—
(a) British citizens in the United Kingdom;
(b) persons settled in the United Kingdom; or
(c) persons in the United Kingdom with refugee leave or humanitarian
protection,
to make provision for sponsorship of an applicant provided that the
conditions set out in subsection (2) are met.
(2) The condition is that the applicant, and if the applicant and his or her
partner are the sponsor’s parents or grandparents, the applicant’s partner,
will be adequately maintained, accommodated and cared for in the United
Kingdom by the sponsor and without recourse to public funds.”
Schedule 9
THE EARL OF LISTOWEL
BARONESS LISTER OF BURTERSETT
THE LORD BISHOP OF NORWICH
Page 125, line 27, leave out paragraph 2
LORD BATES
Page 125, line 30, after “person” insert “in England”
Page 125, line 31, after “paragraph” insert “4, 5 or”
Page 125, line 39, after “person” insert “in England”
Page 125, line 40, after second “paragraph” insert “4, 5 or”
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]
Line 19, leave out “be” and insert “arise from circumstances”
Line 21, leave out “is of that kind” and insert “so arises”
Line 27, leave out “be” and insert “arise from circumstances”
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
Page 126, line 37, leave out from beginning to end of line 9 on page 127
Page 127, line 20, after “it,” insert—
“( ) he entered the United Kingdom as an adult,”
LORD BATES
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
Page 127, line 26, leave out “may” and insert “must”
LORD BATES
Page 127, line 28, after “7B(1)” insert “or 7C(1)”
Page 127, line 32, leave out “or D” and insert “, D or E”
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.”
Page 128, line 9, leave out “B” and insert “C”
Page 128, line 14, leave out “C” and insert “D”
Page 128, line 18, leave out “D” and insert “E”
BARONESS HAMWEE
LORD PADDICK
Page 128, line 23, leave out “or must”
LORD BATES
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
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
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
Page 129, line 6, leave out “may” and insert “must”
LORD BATES
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,”
Page 129, line 11, leave out “(b) who is not a relevant failed asylum seeker,”
Page 129, line 12, leave out “or C” and insert “, C or D”
Page 129, leave out lines 13 to 23
BARONESS HAMWEE
LORD PADDICK
Page 129, line 30, leave out “be” and insert “arise from circumstances”
Page 129, line 31, leave out “is of that kind” and insert “so arises”
LORD BATES
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.”
Page 129, line 34, leave out “B” and insert “C”
Page 129, line 40, leave out “C” and insert “D”
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
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
Page 130, line 31, leave out “or 7B” and insert “, 7B or 7C”
Page 131, line 1, at beginning insert—
“(1) Paragraph 16 (orders and regulations) is amended as follows.
(2) ”
Page 131, line 1, leave out from “In” to “after” in line 2 and insert “sub-paragraph
(2)(d)”
Page 131, line 3, at end insert—
“(3) In sub-paragraph (3) after “2(1)(d) or (e)” insert “or 2A(3)(b)”.”
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
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
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.”
Page 42, line 33, at end insert “, and
(c) must specify the provision of resources.”
After Clause 42
BARONESS HAMWEE
LORD PADDICK
Insert the following new Clause—
(1) A relevant child shall not be moved to a second authority where functions
have not been conferred on the second authority by virtue of section 39(2)
or 42(3).
(2) An arrangement or direction to transfer functions under section 39(2) or
section 42(3) shall not be made where it is not in the best interests of the
child.
(3) In determining the best interests of the child, particular regard shall be had
to the need for any transfer of functions to take place promptly and
within—
(a) 14 days where functions are transferred under section 39(2); or
(b) 28 days where functions are transferred under section 42(3).
(4) In determining the best interests of the child, particular regard shall be had
to the following factors in favour of maintaining the relevant child in the
first authority—
(a) the relevant child has lived in the first authority for 28 days or more;
(b) the relevant child has family members in the first authority or has
established other relationships important to the child there;
(c) the processing of the relevant child’s asylum or immigration
application has commenced;
(d) the relevant child has instructed a legal representative in the first
authority in relation to the child’s asylum or immigration matter; or
(e) the child is established in education in the first authority.
(5) In making an arrangement or giving a direction for the transfer of functions
under section 39(2) or section 42(3), regard must also be had to—
(a) the availability of legal advice and representation for asylum and
immigration matters in the second authority;
(b) the availability of services in the second authority to meet the
religious and cultural needs of the relevant child.
(6) Where an arrangement or direction to transfer functions is under
consideration or in process, proceedings related to the child’s asylum or
immigration application shall not be commenced, or if commenced shall be
stayed, until the child is established in the receiving authority, unless to
commence or continue proceedings, or both, would be in the child’s best
interests.
(7) In this section—
“functions” has the same meaning as in section 39(1);
“the first authority” has the same meaning as in sections 39(1) and
42(1);
“the second authority” has the same meaning as in sections 39(2) and
42(2);
“relevant child” has the same meaning as in section 39(9).”
Clause 43
LORD ROSSER
LORD KENNEDY OF SOUTHWARK
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
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,”
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
Insert the following new Clause—
(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
Insert the following new Clause—
(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
Insert the following new Clause—
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).”
Clause 44
BARONESS HAMWEE
LORD WALLACE OF SALTAIRE
Page 44, line 10, at end insert—
“( ) The Secretary of State must by regulations made by statutory instrument
provide for the application of the provisions and penalties under this
section to those responsible for assuring that border controls are enforced
on arrivals and departures at general aviation sites, private landing strips
and helipads.”
Schedule 11
LORD BATES
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
Insert the following new Clause—
(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
Insert the following new Clause—
(1) A condition of the issue of a new passport to, or the renewal of a passport
of a British citizen 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
Insert the following new Clause—
(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
Page 45, line 29, at beginning insert “in England and Wales or Scotland,”
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,”
Page 45, line 35, at beginning insert “in relation to England and Wales and
Scotland,”
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
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
Page 46, line 17, after “Part” insert “in relation to those functions”
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
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
Page 46, line 42, leave out “or”
Page 47, line 1, at beginning insert “in England and Wales or Scotland,”
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
Page 47, line 29, at end insert “and for different roles or descriptions of roles”
Clause 52
LORD BATES
Page 48, line 5, leave out “in both England and” and insert “outside Wales and in”
After Clause 52
BARONESS HAMWEE
LORD PADDICK
Insert the following new Clause—
(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
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
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.”
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.”
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.”
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.”
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”
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
Insert the following new Clause—
(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
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
Page 155, line 5, leave out paragraphs 1 and 2
Page 157, line 40, leave out paragraphs 4 and 5
Clause 62
LORD BATES
Page 52, line 39, leave out “any provision of section 2, 4, 5, 6 or 7” and insert
“primary legislation”
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
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
Page 53, line 36, leave out “two” and insert “six”
Clause 64
LORD BATES
Page 54, line 1, leave out subsection (3)
In the Title
LORD BATES
Line 3, leave out “Director of Labour Market Enforcement” and insert
“enforcement of certain legislation relating to the labour market”