Immigration Bill

Amendments
to be moved
in committee

[Supplementary to the Second Marshalled List]

After Clause 32

BARONESS HAMWEE

 

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.”

 

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.”

 

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 learning difficulties;

(e)   persons who are trans-sexual;

(f)   persons over the age of 65;

(g)   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.”

 

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

 

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.”

 

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).”

After Clause 33

BARONESS HAMWEE

LORD WALLACE OF SALTAIRE

 

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.”

After Clause 43

BARONESS KENNEDY OF THE SHAWS

 

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).”

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—

“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.”

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

 

Prepared 26th January 2016