Immigration Bill

marshalled
list of Amendments
to be moved
on report

The amendments have been marshalled in accordance with the Order of 7th March 2016, as follows—

Clauses 1 to 9
Schedule 1
Clauses 10 to 29
Schedule 2
Clauses 30 to 34
Schedule 3
Clause 35
Schedule 4
Clause 36
Schedule 5
Clauses 37 to 43
Schedule 6
Clauses 44 to 52
Schedule 7
Clause 53
Schedule 8
Clauses 54 to 57
Schedule 9
Clauses 58 to 62
Schedule 10
Clause 63
Schedule 11
Clauses 64 to 69
Schedule 12
Clause 70
Schedule 13
Clauses 71 to 84
Schedule 14
Clauses 85 to 90
Title

[Amendments marked * are new or have been altered]

Clause 1

LORD BATES

1

Page 2, line 5, after “allowances” insert “, and

(b)   pay or make provision for the payment of such pension to or in
respect of the Director,”

Clause 2

LORD BATES

2

Page 2, line 25, at end insert—

“(iii)   the information, or descriptions of information, that should
be provided to the Director for the purposes of his or her
functions by any person by whom, or by whose officers,
labour market enforcement functions are exercisable, and

(iv)   the form and manner in which, and frequency with which,
that information should be provided,”

3

Page 2, line 30, leave out “subsection (2)(b)” and insert “paragraph (b) of subsection
(2)”

4

Page 2, line 31, leave out “concerned” and insert “mentioned in sub-paragraphs (i)
and (ii) of that paragraph”

Clause 3

LORD BATES

5

Page 3, line 28, at end insert—

“( )   any function of an enforcing authority under this Chapter,”

6

Page 4, line 12, after “following” insert “—

(i)   ”

7

Page 4, line 13, leave out “or (e)” and insert “, (e) or (i) to (l), or

(ii)   a finding of a kind mentioned in section 14(1)(b) or (c) of that
Act in connection with any such offence”

After Clause 5

LORD BATES

8

Insert the following new Clause—

“Information gateways

(1)     A person may disclose information to the Director or a relevant staff
member if the disclosure is made for the purposes of the exercise of any
function of the Director.

(2)     Information obtained by the Director or a relevant staff member in
connection with the exercise of any function of the Director may be used by
the Director or a relevant staff member in connection with the exercise of
any other function of the Director.

(3)     The Director or a relevant staff member may disclose information obtained
in connection with the exercise of any function of the Director to a specified
person if the disclosure is made for the purposes of the exercise of any
function of the specified person.

(4)     “Specified person” means a person specified in Schedule (Persons to whom
Director etc may disclose information
) (persons to whom Director etc may
disclose information).

(5)     The Secretary of State may by regulations amend Schedule (Persons to whom
Director etc may disclose information
).

(6)     In this section, “relevant staff member” means a member of staff provided
to the Director under section 1(4).”

9

Insert the following new Clause—

“Information gateways: supplementary

(1)     A disclosure of information which is authorised by section (Information
gateways
) does not breach—

(a)   an obligation of confidence owed by the person making the
disclosure, or

(b)   any other restriction on the disclosure of information (however
imposed).

(2)     But nothing in section (Information gateways) authorises the making of a
disclosure which—

(a)   contravenes the Data Protection Act 1998, or

(b)   is prohibited by Part 1 of the Regulation of Investigatory Powers
Act 2000.

(3)     Section (Information gateways) does not limit the circumstances in which
information may be disclosed apart from that section.

(4)     Section (Information gateways)(1) does not authorise a person serving in an
intelligence service to disclose information to the Director or a relevant
staff member.

But this does not affect the disclosures which such a person may make in
accordance with intelligence service disclosure arrangements.

(5)     Intelligence service information may not be disclosed by the Director or a
relevant staff member without authorisation from the appropriate service
chief.

(6)     If the Director or a relevant staff member has disclosed intelligence service
information to a person, that person may not further disclose that
information without authorisation from the appropriate service chief.

(7)     HMRC information may not be disclosed by the Director or a relevant staff
member without authorisation from HMRC Commissioners.

(8)     If the Director or a relevant staff member has disclosed HMRC information
to a person, that person may not further disclose that information without
authorisation from HMRC Commissioners.

(9)     Subsections (7) and (8) do not apply to national minimum wage
information.

(10)     If a person contravenes subsection (7) or (8) by disclosing revenue and
customs information relating to a person whose identity—

(a)   is specified in the disclosure, or

(b)   can be deduced from it,

section 19 of the Commissioners for Revenue and Customs Act 2005
(wrongful disclosure) applies in relation to that disclosure as it applies in
relation to a disclosure of such information in contravention of section 20(9)
of that Act.

(11)     In this section—

“appropriate service chief” means—

(a)   the Director-General of the Security Service (in the case of
information obtained by the Director or a relevant staff
member from that Service or a person acting on its behalf);

(b)   the Chief of the Secret Intelligence Service (in the case of
information so obtained from that Service or a person acting
on its behalf);

(c)   the Director of GCHQ (in the case of information so
obtained from GCHQ or a person acting on its behalf);

“GCHQ” has the same meaning as in the Intelligence Services Act
1994;

“HMRC information” means information disclosed to the Director or
a relevant staff member under section (Information gateways) by
HMRC Commissioners or a person acting on behalf of HMRC
Commissioners;

“intelligence service” means—

(a)   the Security Service;

(b)   the Secret Intelligence Service;

(c)   GCHQ;

“intelligence service disclosure arrangements” means—

(a)   arrangements made by the Director-General of the Security
Service under section 2(2)(a) of the Security Service Act 1989
about the disclosure of information by that Service,

(b)   arrangements made by the Chief of the Intelligence Service
under section 2(2)(a) of the Intelligence Services Act 1994
about the disclosure of information by that Service, and

(c)   arrangements made by the Director of GCHQ under section
4(2)(a) of that Act about the disclosure of information by
GCHQ;

“intelligence service information” means information obtained from
an intelligence service or a person acting on behalf of an intelligence
service;

“national minimum wage information” means information obtained
by an officer in the course of acting—

(a)   for the purposes of the National Minimum Wage Act 1998
(see section 13 of that Act), or

(b)   by virtue of section 24(2);

“relevant staff member” has the same meaning as in section
(Information gateways);

“revenue and customs information relating to a person” has the
meaning given in section 19(2) of the Commissioners for Revenue
and Customs Act 2005.”

Clause 6

LORD BATES

10

Page 5, line 17, at end insert—

“(2)     The Director may request any person by whom, or by whose officers,
labour market enforcement functions are exercisable to provide the
Director with any non-compliance information specified or of a description
specified in the request.

(3)     “Non-compliance information” means information relating to non-
compliance in the labour market which the Director considers would
facilitate the exercise of any of his or her functions.

(4)     A person by whom, or by whose officers, labour market enforcement
functions are exercisable may request the Director to provide the person, or
an officer of the person, with any enforcement information specified or of
a description specified in the request.

(5)     “Enforcement information” means information which the person making
the request considers would facilitate the exercise of any labour market
enforcement function of the person or of an officer of the person.

(6)     A person who receives a request under this section must respond to it in
writing within a reasonable period.”

Before Schedule 1

LORD BATES

11

Insert the following new Schedule—

“SCHEDULE

PERSONS TO WHOM DIRECTOR ETC MAY DISCLOSE INFORMATION

Authorities with functions in connection with the labour market or the work place etc

The Secretary of State.
HMRC Commissioners.
A person by whom, or by whose officers, labour market enforcement
functions are exercisable.
The Health and Safety Executive.
An enforcing authority within the meaning of Part 1 of the Health and
Safety at Work etc. Act 1974 (see section 18(7) of that Act).
An inspector appointed by such an enforcing authority (see section 19
of that Act).
An enforcement authority within the meaning of regulation 28 of the
Working Time Regulations 1998 (S.I. 1998/1833).
An inspector appointed by such an enforcement authority (see
Schedule 3 to those Regulations).
The Low Pay Commission.
The Pensions Regulator.

Law enforcement and border security

A chief officer of police for a police area in England and Wales.
A local policing body within the meaning given by section 101(1) of
the Police Act 1996.
The chief constable of the British Transport Police Force.
The chief constable of the Police Service of Scotland.
The Chief Constable of the Police Service of Northern Ireland.
A person appointed as an immigration officer under paragraph 1 of
Schedule 2 to the Immigration Act 1971.

Local government

A county or district council in England.
A London borough council.
The Greater London Authority.
The Common Council of the City of London.
The Council of the Isles of Scilly.
A county or county borough council in Wales.
A council constituted under section 2 of the Local Government etc.
(Scotland) Act 1994.
A district council in Northern Ireland.

Health bodies

The Care Quality Commission.
A National Health Service trust established under section 25 of the
National Health Service Act 2006 or section 18 of the National
Health Service (Wales) Act 2006.
An NHS foundation trust within the meaning given by section 30 of
the National Health Service Act 2006.
A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

Other

The Independent Anti-slavery Commissioner.
A Northern Ireland department.”

Schedule 1

LORD BATES

12

Page 72, line 13, at end insert—

“6A    In section 15 (information obtained by officers)—

(a)   in subsection (3)(b), after “any” insert “eligible”;

(b)   in subsection (4)(a), after “to any” insert “eligible”;

(c)   in subsection (8), for the words from ““relevant” to “body
which,” substitute ““eligible relevant authority” means any
relevant authority within the meaning given by section 13(1A)
which”.”

Clause 10

LORD BATES

13

Page 6, line 42, leave out from “under” to “may” in line 43 and insert “subsection
(4)(e)”

Clause 11

LORD BATES

14

Page 7, line 17, leave out “relevant person” and insert “of the following”

15

Page 7, line 18, at end insert “—

(a)   a chief officer of police for a police area in England and
Wales;

(b)   the Director General of the National Crime Agency;

(c)   a person appointed as an immigration officer under
paragraph 1 of Schedule 2 to the Immigration Act 1971;

(d)   any other person prescribed or of a prescribed description.”

16

Page 7, leave out lines 22 and 23 and insert—

“(3)     Any of the following persons may request the Authority to provide
assistance to the person—

(a)   a chief officer of police for a police area in England and
Wales;

(b)   a person appointed as an immigration officer under
paragraph 1 of Schedule 2 to the Immigration Act 1971;

(c)   any other person prescribed or of a prescribed description.”

17

Page 7, line 24, leave out “relevant”

18

Page 7, leave out lines 33 to 39

19

Page 7, line 40, leave out from beginning to end of line 15 on page 8 and insert—

“( )     Regulations under this section must not make provision which
would be—

(a)   within the legislative competence of the Scottish Parliament
if contained in an Act of that Parliament,

(b)   within the legislative competence of the National Assembly
for Wales if contained in an Act of that Assembly, or

(c)   within the legislative competence of the Northern Ireland
Assembly if contained in an Act of that Assembly made
without the consent of the Secretary of State.”

20

Page 8, line 19, leave out from “22A” to end of line 20 and insert “(1)(d) or (3)(c)
(regulations regarding persons whom the Authority may request to provide
assistance and who may request assistance from Authority).”

Clause 20

LORD BATES

21

Page 13, line 14, at end insert “and which was made by the court or any other court
in the same part of the United Kingdom as the court”

Clause 21

LORD BATES

22

Page 13, line 24, leave out paragraph (a)

23

Page 13, line 26, leave out “order under section 18” and insert “LME order”

24

Page 13, line 26, after “Wales” insert (whether made under section 16 or 18)”

Clause 22

LORD BATES

25

Page 13, line 39, leave out “on an application”

Clause 23

LORD BATES

26

Page 14, line 21, at end insert—

“( )     The code and any revised code—

(a)   must not be issued unless a draft has been laid before Parliament,
and

(b)   comes into force on such day as the Secretary of State appoints by
regulations.”

27

Page 14, line 22, leave out “lay before Parliament, and”

Schedule 2

LORD BATES

28

Page 74, line 40, at end insert—

“(b)   under the heading “Offices”, at the appropriate place insert
“Director of Labour Market Enforcement”.

29

Page 74, line 40, at end insert—

“Employment Agencies Act 1973 (c. 35)

3A  (1)     Section 9 of the Employment Agencies Act 1973 (inspection) is amended
as follows.

(2)     In subsection (4)—

(a)   in paragraph (a), for the words before sub-paragraph (i)
substitute “No information to which this subsection applies shall
be disclosed except—”;

(b)   at the end of paragraph (a) insert “; or

“(vii)   to an officer acting by virtue of section 24
of the Immigration Act 2016 (investigative
functions in connection with labour
market enforcement undertakings and
orders); or

“(viii)   to an officer acting for the purposes of Part
2 of the Employment (Miscellaneous
Provisions) (Northern Ireland) Order 1981
for any purpose relating to that Part; or

(ix)   to the Pensions Regulator for the purposes
of the exercise of any function of the
Regulator; or

(x)   to the Care Quality Commission for the
purposes of the exercise of any function of
the Commission.”

(3)     After subsection (4) insert—

“(5)     Subsection (4) applies to—

(a)   information obtained in the course of exercising the
powers conferred by this section,

(b)   information obtained pursuant to section 15(5A) of the
National Minimum Wage Act 1998, and

(c)   information obtained in the course of exercising powers
by virtue of section 24(1) of the Immigration Act 2016
(investigative functions in connection with labour market
enforcement undertakings and orders).””

30

Page 75, line 16, at end insert—

“National Minimum Wage Act 1998 (c. 39)

5A  (1)     Section 15 of the National Minimum Wage Act 1998 (information
obtained by officers) is amended as follows.

(2)     In subsection (1)—

(a)   after “to” insert “—

(a)   ”;

(b)   at the end insert “, and

(b)   any information obtained by an officer acting by
virtue of section 24(2) of the Immigration Act 2016
(investigative functions in connection with labour
market enforcement undertakings and orders).”

(3)     After subsection (5B) insert—

“(5C)    Information to which this section applies—

(a)   may be supplied by, or with the authorisation of, the
Secretary of State to an officer acting by virtue of section
24 of the Immigration Act 2016 (investigative functions in
connection with labour market enforcement
undertakings and orders); and

(b)   may be used by an officer so acting for any purpose for
which the officer is so acting.””

31

Page 77, line 26, leave out paragraph (c)

32

Page 78, line 12, at end insert—

“20A   (1)  Section 19 (information relating to gangmasters) is amended as follows.

(2)     In subsection (1)—

(a)   for the words before paragraph (a) substitute “Information to
which this subsection applies—”;

(b)   for paragraph (a) substitute—

“(a)   may be supplied to any person for use for the
purposes of, or for any purpose connected with,
the exercise of functions under this Act,

“(aa)   may be supplied to any person by whom, or by
whose officers, labour market enforcement
functions are exercisable for the purposes of, or
for any purpose connected with, the exercise of
such functions, and”.

(3)     After subsection (1) insert—

“(1A)    Subsection (1) applies to—

(a)   information held by any person for the purposes of, or for
any purpose connected with, the exercise of functions
under this Act, and

(b)   information held by any officer acting by virtue of section
24(3) of the Immigration Act 2016 (investigative functions
in connection with labour market enforcement
undertakings and orders).

(1B)    In subsection (1) “labour market enforcement functions” has the
same meaning as in Chapter 1 of Part 1 of the Immigration Act
2016 (see section 3 of that Act).”

(4)     In subsection (2)—

(a)   omit “relating to the operations of a person acting as a
gangmaster”;

(b)   for “(1)(b)” substitute “(1)(aa) or (b)”.”

33

Page 78, line 13, leave out paragraph 21

34

Page 78, leave out lines 37 to 45 and insert—

“(5)     In paragraph 10, for sub-paragraph (2) substitute—

“(2)   Section 8(1) as it applies in relation to Northern Ireland
licences is to be read as if the words “with the approval of the
Secretary of State” were omitted.””

35

Page 79, leave out lines 3 to 5

36

Page 79, line 5, at end insert—

“(6)     After paragraph 16 insert—

“Section 19: Information relating to gangmasters

16A   (1)  Section 19 as it applies in relation to Northern Ireland
functions is to be read as if—

(a)   paragraph (aa) of subsection (1) (and the reference to it
in subsection (2)) were omitted,

(b)   subsections (1A)(b) and (1B) were omitted, and

(c)   in subsection (2), after “Information” there were
inserted the words “relating to the operations of a
person acting as a gangmaster”.

(2)     In this paragraph “Northern Ireland functions” means
functions under this Act in connection with persons acting as
gangmasters in Northern Ireland or persons acting as
gangmasters in relation to work in Northern Ireland.

Section 22A: Relationship with other agencies: requests for assistance

16B          Section 22A does not apply in relation to the Authority’s
functions in connection with persons acting as gangmasters in
Northern Ireland or persons acting as gangmasters in relation
to work in Northern Ireland.””

37

Page 79, line 5, at end insert—

“Pensions Act 2004 (c. 35)

22A          In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of
restricted information held by the Pensions Regulator), at the end of the
table insert—

“Director of Labour Market
Enforcement or a member of
staff provided to the
Director under section 1(4)
of the Immigration Act 2016.
Any of the Director’s functions.””
38

Page 79, line 19, at end insert—

“26A          At the beginning of Part 7, after the italic heading “Miscellaneous”
insert—

“54A          Gangmasters and Labour Abuse Authority: information
gateways

(1)     A specified person may disclose information to the Gangmasters
and Labour Abuse Authority (the “Authority”) or a relevant
officer if the disclosure is made for the purposes of the exercise of
any function of the Authority or the officer under this Act.

(2)     Information obtained by the Authority or a relevant officer in
connection with the exercise of any function of the Authority or
the officer under this Act may be used by the Authority or the
officer in connection with the exercise of any other such function
of the Authority or the officer.

(3)     The Authority or a relevant officer may disclose to a specified
person information obtained in connection with the exercise of
any function of the Authority or the officer under this Act if the
disclosure is made for the purposes of the exercise of any
function of the specified person.

(4)     A disclosure of information which is authorised by this section
does not breach—

(a)   an obligation of confidence owed by the person making
the disclosure, or

(b)   any other restriction on the disclosure of information
(however imposed).

(5)     But nothing in this section authorises the making of a disclosure
which—

(a)   contravenes the Data Protection Act 1998, or

(b)   is prohibited by Part 1 of the Regulation of Investigatory
Powers Act 2000.

(6)     This section does not limit the circumstances in which
information may be disclosed apart from this section.

(7)     “Specified person” means a person specified in Schedule 4A
(information gateways: specified persons).

(8)     The Secretary of State may by regulations amend Schedule 4A.

(9)     In this section, “relevant officer” means an officer of the
Authority who is acting for the purposes of Part 1 or 2 of this Act
(see sections 11A and 30A).”

26B          Omit section 55 (review of Gangmasters Licensing Authority).

26C          In section 58 (regulations), in subsection (4), after paragraph (j) insert—

“(ja)   regulations under section 54A(8) (power to amend
Schedule 4A);”.

26D          In section 60 (extent)—

(a)   in subsection (1), after “section 53)” insert “and section 54A, and
Schedule 4A, in Part 7”;

(b)   in subsection (3), after “and 7” insert “(except for section 54A and
Schedule 4A)”.”

39

Page 79, line 22, at end insert—

“27A          After Schedule 4 insert—

“SCHEDULE 4A

Section 54A

INFORMATION GATEWAYS: SPECIFIED PERSONS

Authorities with functions in connection with the labour market etc

The Secretary of State.
A person by whom, or by whose officers, labour market enforcement
functions (within the meaning given by section 3 of the
Immigration Act 2016) are exercisable.

Law enforcement and border security

A chief officer of police for a police area in England and Wales.
The chief constable of the British Transport Police Force.
An immigration officer.

Local government

A county council in England or Wales.
A county borough council in Wales.
A district council in England.
A London borough council.
The Greater London Authority.
The Common Council of the City of London.
The Council of the Isles of Scilly.

Health bodies

A National Health Service trust established under section 25 of the
National Health Service Act 2006 or section 18 of the National
Health Service (Wales) Act 2006.
An NHS foundation trust within the meaning given by section 30 of
the National Health Service Act 2006.
A Local Health Board established under section 11 of the National
Health Service (Wales) Act 2006.

Other

The Independent Anti-slavery Commissioner.””

Clause 30

LORD BATES

40

Page 17, line 24, leave out subsections (1) to (3) and insert—

“(1)     Regulations under section 3 or 12 must not prescribe a requirement,
function or offence if provision imposing the requirement, conferring the
function or creating the offence falls within subsection (3).

(2)     Regulations under section 9 must not confer a function if provision doing
so falls within subsection (3).

(3)     Provision falls within this subsection if—

(a)   it would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament,

(b)   it would be within the legislative competence of the National
Assembly for Wales if contained in an Act of that Assembly, or

(c)   it would be within the legislative competence of the Northern
Ireland Assembly if contained in an Act of that Assembly made
without the consent of the Secretary of State.”

Clause 31

LORD BATES

41

Page 18, line 18, at end insert—

““the Director” has the meaning given by section 1;”

42

Page 18, line 29, at end insert—

““HMRC Commissioners” means the Commissioners for Her
Majesty’s Revenue and Customs;”

43

Page 18, line 36, at end insert—

““strategy” has the meaning given by section 2;”

Clause 32

LORD BATES

44

Page 19, line 6, after “person” insert “(“P”)”

45

Page 19, line 6, at end insert “—(a)”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

46

Page 19, line 6, at end insert “, without reasonable excuse”

LORD BATES

47

Page 19, line 7, leave out “the person” and insert “P”

48

Page 19, line 7, leave out from “when” to end of line 16 and insert “P is disqualified
from working by reason of P’s immigration status, and

(b)   at that time P knows or has reasonable cause to believe that
P is disqualified from working by reason of P’s immigration
status.

(1A)    For the purposes of subsection (1) a person is disqualified from
working by reason of the person’s immigration status if—

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

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

(i)   is invalid,

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

(iii)   is subject to a condition preventing the person from
doing work of that kind.”

BARONESS HAMWEE

LORD PADDICK

49

Page 19, line 28, after “whether” insert “the person is in possession of more than
£1,000 in cash and if so whether”

50

Page 19, line 33, after “whether” insert “the person is in possession of more than
£1,000 in cash and if so whether”

LORD BATES

51

Page 20, line 1, leave out “(1)” and insert “(1A)”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

LORD PADDICK

52

Leave out Clause 32

Clause 34

LORD BATES

53

Page 22, line 22, leave out “relevant”

LORD HOPE OF CRAIGHEAD

54

Page 22, line 23, at end insert—

“( )     Regulations in relation to Scotland under subsection (2) may only be made
with the consent of the Scottish Parliament.”

LORD BATES

55

Page 22, line 29, leave out from “section” to end of line 32 and insert ““enactment”
includes—

(a)   an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;

(b)   an enactment contained in, or in an instrument made under, an Act
of the Scottish Parliament;

(c)   an enactment contained in, or in an instrument made under,
Northern Ireland legislation.”

Schedule 4

LORD BATES

56

Page 121, line 22, at end insert—

“( )     In subsection (1)(a)—

(a)   “the Immigration Acts” has the meaning given by section 61(2) of
the UK Borders Act 2007, and

(b)   the reference to an offence under any of the Immigration Acts
includes an offence under section 133(5) of the Criminal Justice
and Immigration Act 2008 (breach of condition imposed on
designated person).”

After Clause 36

LORD ALTON OF LIVERPOOL

LORD ROSSER

BARONESS HAMWEE

LORD PADDICK

57

Insert the following new Clause—

“Asylum seekers: permission to work after six months

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

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

“(10)    In making rules under subsection (2), the Secretary of State must
provide for persons seeking asylum, within the meaning of the
rules, to apply to the Secretary of State for permission to take up
employment, including self-employment and voluntary work.

(11)     Permission to work for persons seeking asylum must be granted
if—

(a)   a decision has not been taken on the applicant’s asylum
application within six months of the date on which it was
recorded, or

(b)   an individual makes further submissions which raise
asylum grounds and a decision on that new claim or to
refuse to treat such further submissions as a new claim has
not been taken within six months of the date on which the
submissions were recorded.

(12)     Permission for a person seeking asylum to take up employment
shall be on terms no less favourable than those upon which
permission is granted to a person recognised as a refugee to take up
employment.””

LORD HYLTON

LORD ROSSER

BARONESS HAMWEE

58

Insert the following new Clause—

“Overseas domestic workers

(1)     For section 53 of the Modern Slavery Act 2015 (overseas domestic workers)
substitute—

“53 Overseas domestic workers

(1)     Immigration rules must make provision for leave to remain in the
United Kingdom to be granted to an overseas domestic worker.

(2)     Immigration rules must make provision as to the conditions on
which such leave is to be granted, and must in particular provide—

(a)   that the leave is to be for the purpose of working as a
domestic worker in a private household;

(b)   for a person who has such leave to be able to change
employer, registering such change of leave with the Home
Office.

(3)     Immigration rules may specify a maximum period for which a
person may have leave to remain in the United Kingdom by virtue
of subsection (1), and if they do so, the specified maximum period
must not be less than 2½ years.

(4)     Immigration rules must provide for a period during which no
enforcement action should be taken against such an overseas
domestic worker in respect of his or her—

(a)   remaining in the United Kingdom beyond the time limited
by his or her leave to enter or remain, or

(b)   breaching a condition of that leave relating to his or her
employment if he or she wishes to change it.

(5)     The Secretary of State must issue guidance to persons having
functions under the Immigration Acts about the exercise of those
functions in relation to an overseas domestic worker who may be a
victim of slavery or human trafficking.

(6)     The guidance must provide for an overseas domestic worker
remaining in the UK for more than 42 days to be required to attend
a group information session as defined in that guidance, within that
period.

(7)     In this section—

“enforcement action” has the meaning given by section 24A of
the Immigration Act 1971;

“immigration rules” has the same meaning as in that Act;

“overseas domestic worker” means a person who, under the
immigration rules, has (or last had) leave to enter or remain
in the United Kingdom as—

(a)   a domestic worker in a private household, or

(b)   a private servant in a diplomatic household.””

Clause 37

BARONESS HAMWEE

LORD PADDICK

59

Page 23, line 14, leave out “and second” and insert “, second and third”

60

Page 23, line 20, leave out from “that” to end of line 22 and insert “authorising an
adult to occupy the premises is in contravention of section 22”

61

Page 23, line 22, at end insert—

“(3A)    The third condition is that, prior to the grant of the tenancy
agreement, the landlord has been given notice requiring the
payment of a penalty under section 22 and not been excused from
payment under section 23.”

LORD BATES

62

Page 23, line 35, at end insert—

“(5A)    It is a defence for a person charged with an offence under
subsection (1) to prove that—

(a)   the person has taken reasonable steps to terminate the
residential tenancy agreement, and

(b)   the person has taken such steps within a reasonable period
beginning with the time when the person first knew or had
reasonable cause to believe that the premises were occupied
by the adult mentioned in subsections (2) and (3).

(5B)    In determining whether subsection (5A)(a) or (b) applies to a
person, the court must have regard to any guidance which, at the
time in question, had been issued by the Secretary of State for the
purposes of that subsection and was in force at that time.

(5C)    Guidance issued for the purposes of subsection (5A)—

(a)   must be laid before Parliament in draft before being issued,
and

(b)   comes into force in accordance with regulations made by
the Secretary of State.”

BARONESS HAMWEE

LORD PADDICK

[Amendment 63 is an amendment to Amendment 62]

63

Leave out subsections (5B) and (5C)

LORD BATES

64

Page 23, line 36, leave out “subsections (1) to (5)” and insert “subsection (1)”

LORD HOWARD OF RISING

65

Page 23, line 37, at end insert—

“( )     The landlord does not commit an offence under subsection (1) if the
landlord has no reasonable cause to believe that any other person
who meets the first and second conditions is residing at the
property.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

66

Page 26, line 2, at end insert—

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

(8)     The evaluation provided for in subsection (7) must include an assessment
of the impact of those provisions on—

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

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

BARONESS HAMWEE

67*

Page 26, line 2, at end insert—

“(7)     The Secretary of State may not make regulations under section 88
appointing a day for the coming into force of this section until after the
Secretary of State has published and laid before each House of Parliament
an independent assessment of the implementation of sections 20 to 31 of the
Immigration Act 2014.

(8)     The assessment must be based on information from a representative
sample of landlords, estate agents and tenants, and must include but not be
limited to the impact of those sections on—

(a)   discrimination,

(b)   the lettings market,

(c)   the wider community, and

(d)   whether the provisions of sections 20 to 31 of the Immigration Act
2014 have achieved their aims.

(9)     The assessment may not be published earlier than 1 December 2019.”

Clause 39

BARONESS HAMWEE

LORD PADDICK

68

Page 28, line 13, leave out “1” and insert “2”

69

Page 28, line 13, leave out “must” and insert “may”

BARONESS HAMWEE

70*

Page 28, line 14, leave out “7A” and insert “17”

71*

Page 28, line 15, leave out “7B” and insert “18

Clause 40

LORD BATES

72

Page 31, line 18, leave out “(including an enactment contained in this Act)”

LORD HOPE OF CRAIGHEAD

73

Page 31, line 20, at end insert—

“( )     Regulations in relation to Scotland under subsection (2) may only be made
with the consent of the Scottish Parliament.”

Clause 41

LORD PADDICK

BARONESS SHEEHAN

74

Leave out Clause 41

Clause 42

LORD BATES

75

Page 35, line 3, after “if” insert “—(a)”

76

Page 35, line 5, at end insert “, and

(b)   at that time the person knows or has reasonable cause to
believe that the person is not lawfully resident in the United
Kingdom.”

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

77

Page 35, line 5, 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.”

LORD PADDICK

BARONESS SHEEHAN

78

Leave out Clause 42

After Clause 43

BARONESS DOOCEY

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

79

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”.”

80

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.””

BARONESS KENNEDY OF THE SHAWS

81

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 49

LORD BATES

82

Page 46, line 6, leave out “, or intends to make,”

83

Page 46, line 7, after “Act,” insert—

“( )   to whom a notice has been given in accordance with regulations
under section 105 of the Nationality, Immigration and Asylum Act
2002 (notice of decision) of a decision to make a deportation order
against that person,”

After Clause 55

LORD RAMSBOTHAM

LORD ROSSER

BARONESS HAMWEE

84*

Insert the following new Clause—

“Immigration detention: time limit and judicial oversight

(1)     Subject to the provisions of this section, a person may not be detained
under any of the relevant powers—

(a)   for a period longer than 28 days; or

(b)   for periods of longer than 28 days in aggregate.

(2)     The First-tier Tribunal may—

(a)   extend a period of detention; or

(b)   further extend a period of detention,

for such a period as is determined, on application made by the Secretary of
State, on the basis that the exceptional circumstances of the case require
extended detention.

(3)     The First-tier Tribunal has the power to review an extended period of
detention without requiring the Secretary of State to make a new
application.

(4)     This section does not apply to a person who—

(a)   has been sentenced to a term of imprisonment for a term of 12
months or longer;

(b)   is not a British citizen; or

(c)   the Secretary of State has determined shall be deported.

(5)     Rules of procedure for the purposes of this section may be made by the
Lord Chancellor.

(6)     In this section—

“First-tier Tribunal” means—

(a)   in the case of an appellant against a decision on an asylum
application which has not been determined, the chamber of
the First-tier Tribunal dealing with the appeal; or

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

“relevant powers” means powers to detain pursuant to—

(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 that Act,

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

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

(7)     In the case of a person to whom section 3(2) of the Special Immigration
Appeals Commission Act 1997 applies (detention on grounds of national
security), the Commission established under that Act shall be substituted
for the First-tier Tribunal.”

85*

Insert the following new Clause—

“Immigration detention: vulnerable persons

(1)     Subject to the provisions of this section, a vulnerable person may not be
detained under any of the relevant powers.

(2)     The First-tier Tribunal may order the detention of the person for such a
period as is determined by an application made by the Secretary of State on
the basis that the exceptional circumstances of the case require the person
to be detained.

(3)     The provisions of this section do not apply to a vulnerable person who the
Secretary of State has determined shall be deported immediately and who
has not appealed against the determination.

(4)     Rules of procedure for the purposes of this section may be made by the
Lord Chancellor.

(5)     For the purpose of this section—

“vulnerable persons” are persons who are—

(a)   under the age of 18;

(b)   over the age of 65 and requiring constant or significant care;

(c)   pregnant;

(d)   suffering from a serious medical condition;

(e)   suffering from serious mental illness;

(f)   suffering from a significant disability including learning
difficulties;

(g)   who are the victims of rape or other sexual or gender-based
violence including female genital mutilation;

(h)   suffering from post-traumatic stress disorder;

(i)   reasonably considered to have been trafficked;

(j)   reasonably considered to have been tortured;

(k)   transsexual; or

(l)   otherwise identified as being sufficiently vulnerable such
that detention (or continued detention) would be injurious
to their welfare;

“First-tier Tribunal” means—

(a)   in the case of an appeal against a decision on an asylum
application which has not been determined, the chamber of
the First-tier Tribunal dealing with the appeal; or

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

“relevant powers” means powers to detain pursuant to—

(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 that Act,

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

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

(6)     In the case of a person to whom section 3(2) of the Special Immigration
Appeals Commission Act 1997 applies (detention on grounds of national
security), the Commission established under that Act shall be substituted
for the First-tier Tribunal.”

After Clause 56

LORD BATES

86

Insert the following new Clause—

“Guidance on detention of vulnerable persons

(1)     The Secretary of State must issue guidance specifying matters to be taken
into account by a person to whom the guidance is addressed in
determining—

(a)   whether a person (“P”) would be particularly vulnerable to harm if
P were to be detained or to remain in detention, and

(b)   if P is identified as being particularly vulnerable to harm in those
circumstances, whether P should be detained or remain in
detention.

(2)     In subsection (1) “detained” means detained under—

(a)   the Immigration Act 1971,

(b)   section 62 of the Nationality, Immigration and Asylum Act 2002, or

(c)   section 36 of the UK Borders Act 2007,

and “detention” is to be construed accordingly.

(3)     A person to whom guidance under this section is addressed must take the
guidance into account.

(4)     Before issuing guidance under this section the Secretary of State must lay a
draft of the guidance before Parliament.

(5)     Guidance under this section comes into force in accordance with
regulations made by the Secretary of State.

(6)     The Secretary of State may from time to time review guidance under this
section and may revise and re-issue it.

(7)     References in this section to guidance under this section include revised
guidance.”

Schedule 9

LORD ROBERTS OF LLANDUDNO

87

Page 147, line 26, 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 BATES

88

Page 148, line 24, at beginning insert “Subject to sub-paragraph (1A),”

89

Page 148, line 35, at end insert—

“(1A)    Sub-paragraph (1B) applies in place of sub-paragraph (1) in relation to a
person who is being detained under a provision mentioned in paragraph
1(1)(b) or (d) or who is liable to detention under such a provision.

(1B)    If immigration bail is granted to such a person—

(a)   subject to sub-paragraphs (2A) to (2E), it must be granted subject
to an electronic monitoring condition,

(b)   if, by virtue of sub-paragraph (2A) or (2C), it is not granted
subject to an electronic monitoring condition, it must be granted
subject to one or more of the other conditions mentioned in sub-
paragraph (1), and

(c)   if it is granted subject to an electronic monitoring condition, it
may be granted subject to one or more of those other conditions.”

90

Page 148, line 36, after “bail” insert “granted in accordance with sub-paragraph (1)
or (1B)”

91

Page 148, line 38, leave out sub-paragraphs (3) to (5) and insert—

“(2A)    Sub-paragraph (1B)(a) does not apply to a person who is granted
immigration bail by the Secretary of State if the Secretary of State
considers that to impose an electronic monitoring condition on the
person would be—

(a)   impractical, or

(b)   contrary to the person’s Convention rights.

(2B)    Where sub-paragraph (2A) applies, the Secretary of State must not grant
immigration bail to the person subject to an electronic monitoring
condition.

(2C)    Sub-paragraph (1B)(a) does not apply to a person who is granted
immigration bail by the First-tier Tribunal if the Secretary of State
informs the Tribunal that the Secretary of State considers that to impose
an electronic monitoring condition on the person would be—

(a)   impractical, or

(b)   contrary to the person’s Convention rights.

(2D)    Where sub-paragraph (2C) applies, the First-tier Tribunal must not grant
immigration bail to the person subject to an electronic monitoring
condition.

(2E)    In considering for the purposes of this Schedule whether it would be
impractical to impose an electronic monitoring condition on a person, or
would be impractical for a person to continue to be subject to such a
condition, the Secretary of State may in particular have regard to—

(a)   any obstacles to making arrangements of the kind mentioned in
paragraph 4 in relation to the person,

(b)   the resources that are available for imposing electronic
monitoring conditions on persons to whom sub-paragraph (1A)
applies and for managing the operation of such conditions in
relation to such persons,

(c)   the need to give priority to the use of those resources in relation
to particular categories of persons to whom that sub-paragraph
applies, and

(d)   the matters listed in paragraph 3(2) as they apply to the person.

(2F)    In this Schedule “Convention rights” is to be construed in accordance
with section 1 of the Human Rights Act 1998.”

92

Page 151, line 26, leave out “Where” and insert “Subject to this paragraph and to
paragraphs 6A and 6B, where a”

93

Page 151, line 38, at end insert—

“(4A)    The First-tier Tribunal may not exercise the power in sub-paragraph
(1)(a) so as to amend an electronic monitoring condition.”

94

Page 151, line 39, leave out sub-paragraph (5)

95

Page 151, line 42, leave out “decides to exercise, or to refuse” and insert “exercises,
or refuses”

96

Page 152, line 3, leave out sub-paragraphs (8) to (10)

97

Page 152, line 11, at end insert—

“Removal etc of electronic monitoring condition: bail managed by Secretary of State

“6A (1)     This paragraph applies to a person who—

(a)   is on immigration bail—

(i)   pursuant to a grant by the Secretary of State, or

(ii)   pursuant to a grant by the First-tier Tribunal in a case
where the Tribunal has directed that the power in
paragraph 6(1) is exercisable by the Secretary of State,
and

(b)   before the grant of immigration bail, was detained or liable to
detention under a provision mentioned in paragraph 1(1)(b) or
(d).

(2)     Where the person is subject to an electronic monitoring condition, the
Secretary of State—

(a)   must not exercise the power in paragraph 6(1) so as to remove the
condition unless sub-paragraph (3) applies, but

(b)   if that sub-paragraph applies, must exercise that power so as to
remove the condition.

(3)     This sub-paragraph applies if the Secretary of State considers that—

(a)   it would be impractical for the person to continue to be subject to
the condition, or

(b)   it would be contrary to that person’s Convention rights for the
person to continue to be subject to the condition.

(4)     If, by virtue of paragraph 2(2A) or (2C) or this paragraph, the person is
not subject to an electronic monitoring condition, the Secretary of State—

(a)   must not exercise the power in paragraph 6(1) so as to impose
such a condition on the person unless sub-paragraph (5) applies,
but

(b)   if that sub-paragraph applies, must exercise that power so as to
impose such a condition on the person.

(5)     This sub-paragraph applies if, having considered whether it would be
impractical or contrary to the person’s Convention rights to impose such
a condition on the person, the Secretary of State—

(a)   does not consider that it would be impractical to do so, and

(b)   does not consider that it would be contrary to the person’s
Convention rights to do so.

Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal

6B  (1)     This paragraph applies to a person who—

(a)   is on immigration bail pursuant to a grant by the First-tier
Tribunal in a case where the Tribunal has not directed that the
power in paragraph 6(1) is exercisable by the Secretary of State,
and

(b)   before the person was granted immigration bail, was detained or
liable to detention under a provision mentioned in paragraph
1(1)(b) or (d).

(2)     Where the person is subject to an electronic monitoring condition, the
First-tier Tribunal—

(a)   must not exercise the power in paragraph 6(1) so as to remove the
condition unless sub-paragraph (3) applies, but

(b)   if that sub-paragraph applies, must exercise that power so as to
remove the condition.

(3)     This sub-paragraph applies if the Secretary of State notifies the First-tier
Tribunal that the Secretary of State considers that—

(a)   it would be impractical for the person to continue to be subject to
the condition, or

(b)   it would be contrary to that person’s Convention rights for the
person to continue to be subject to the condition.

(4)     If, by virtue of paragraph 2(2C) or this paragraph, the person is not
subject to an electronic monitoring condition, the First-tier Tribunal—

(a)   must not exercise the power in paragraph 6(1) so as to impose
such a condition on the person unless sub-paragraph (5) applies,
but

(b)   if that sub-paragraph applies, must exercise that power so as to
impose such a condition on the person.

(5)     This sub-paragraph applies if the Secretary of State notifies the First-tier
Tribunal that the Secretary of State—

(a)   does not consider that it would be impractical to impose such a
condition on the person, and

(b)   does not consider that it would be contrary to the person’s
Convention rights to impose such a condition on the person.”

98

Page 152, line 13, after “where” insert “—(a)”

99

Page 152, line 14, leave out “imposed by the Secretary of State”

100

Page 152, leave out lines 16 and 17

101

Page 153, line 41, at end insert “, subject to sub-paragraph (13A)”

102

Page 153, line 44, after “this” insert “is subject to sub-paragraph (13A), and”

103

Page 153, line 45, at end insert—

“(13A)   The power in sub-paragraph (12) to grant bail subject to the same
conditions and the duty in sub-paragraph (13) to do so do not affect the
requirement for the grant of bail to comply with paragraph 2.”

104

Page 154, line 30, leave out “sub-paragraph (2)” and insert “this sub-paragraph”

105

Page 154, line 33, leave out “This sub-paragraph” and insert “Sub-paragraph (1)”

106

Page 154, line 46, at end insert—

“(2A)    Regulations under section 86(1) may, in particular—

(a)   make provision about the circumstances in which the power in
paragraph 6(1) may or must be exercised so as to impose an
electronic monitoring condition on a person to whom this sub-
paragraph applies;

(b)   enable the Secretary of State to exercise a discretion in
determining whether an electronic monitoring condition should
be imposed on such a person,

and may, in particular, do so by providing for paragraph 6A or 6B to
have effect with modifications in relation to such a person.

(2B)    Sub-paragraph (2A) applies to a person who—

(a)   by virtue of regulations under section 86(1) is treated as having
been granted immigration bail as a result of falling within—

(i)   sub-paragraph (2)(c), (d) or (e), or

(ii)   sub-paragraph (2)(f) on the basis that the person had been
released on bail from detention under paragraph 2 of
Schedule 3 to the Immigration Act 1971,

(b)   is not treated as being subject to an electronic monitoring
condition, and

(c)   is not otherwise subject to an electronic monitoring condition.

(2C)    Sub-paragraph (2A) applies to a person who—

(a)   is on immigration bail pursuant to a grant before the coming into
force of paragraph 2(1A) and (1B), or the coming into force of
those provisions in relation to grants of that kind,

(b)   before the grant of immigration bail, was detained or liable to
detention under a provision mentioned in paragraph 1(1)(b) or
(d), and

(c)   is not subject to an electronic monitoring condition.”

107

Page 157, line 35, leave out “(3) and (5)” and insert “(2C) and (2D)”

108

Page 157, line 38, leave out “(5)” and insert “(2C)”

109

Page 158, line 13, leave out “, (7), (8) and (9)” and insert “and (7)”

110

Page 158, line 15, after “Commission”,” insert—

“( )   in sub-paragraph (4A) for “The First-tier Tribunal” there were
substituted “The Special Immigration Appeals Commission,”.”

111

Page 158, line 16, leave out “, (6) and (10)” and insert “and (6)”

112

Page 158, line 17, at end insert—

“      Paragraph 6A(1)(a)(ii) (removal etc of electronic monitoring condition:
bail managed by Secretary of State) has effect as if—

(a)   for “the First-tier Tribunal” there were substituted “the Special
Immigration Appeals Commission”, and

(b)   for “the Tribunal” there were substituted “the Commission”.

Paragraph 6B (amendment etc of electronic monitoring condition: bail
managed by First-tier Tribunal) has effect as if—

(a)   in sub-paragraphs (1)(a), (2), (3), (4) and (5) for “the First-tier
Tribunal” there were substituted “the Special Immigration
Appeals Commission”, and

(b)   in sub-paragraph (1)(a) for “the Tribunal” there were substituted
“the Commission”.”

After Clause 58

LORD ROBERTS OF LLANDUDNO

LORD GREAVES

113

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.””

Clause 59

THE LORD BISHOP OF NORWICH

114*

Page 54, line 38, at end insert—

“( )     After subsection (3) insert—

“(4)     Before a decision is taken to certify a human rights claim, the
Secretary of State must obtain an individual best interests
assessment in relation to any child whose human rights may be
breached by the decision to certify, and the assessment shall
cover—

(a)   the ascertainable wishes and feelings of the child concerned
(considered in the light of his or her age and
understanding);

(b)   his or her physical, emotional and educational needs;

(c)   the likely effects, including psychological effects, on him or
her of the certification;

(d)   his or her age, sex, background and any characteristics of his
or her the assessor considers relevant;

(e)   any harm which he or she is at risk of suffering; and

(f)   how capable the parent not facing removal, and any other
person in relation to whom the assessor considers the
question to be relevant, is of meeting his or her needs.

(5)     The assessment shall be carried out by a suitably qualified and
independent professional.

(6)     Psychological or psychiatric assessments shall be obtained in
appropriate cases.

(7)     The results of the assessment shall be recorded in a written plan for
the child.””

Before Clause 62

LORD DUBS

LORD ALTON OF LIVERPOOL

LORD ROBERTS OF LLANDUDNO

BARONESS SHEEHAN

115

Insert the following new Clause—

“Unaccompanied refugee children: relocation and support

(1)     The Secretary of State must, as soon as possible after the passing of this Act,
make arrangements to relocate to the United Kingdom and support 3,000
unaccompanied refugee children from other countries in Europe.

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

After Clause 62

BARONESS LISTER OF BURTERSETT

LORD ALTON OF LIVERPOOL

LORD JUDD

116

Insert the following new Clause—

“Asylum support move-on period

Persons in receipt of asylum support shall 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.”

Schedule 10

LORD ROBERTS OF LLANDUDNO

LORD ROSSER

117

Page 165, line 5, 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.”

BARONESS HAMWEE

118*

Page 166, line 33, leave out from “under” to end of line 35 and insert “sections 95
and 95A shall be provided—

(a)   in the form of a payment of cash;

(b)   in the form of provision of accommodation or other
services; or

(c)   in exceptional circumstances, in the form of vouchers
which may be exchanged for goods or services, or a card
entitling the holder to goods or services.”

LORD BATES

119

Page 168, line 26, at end insert—

  (1)     Section 166 (regulations and orders) is amended as follows.

(2)     In subsection (5) (regulations subject to the affirmative procedure) for
the “or” at the end of paragraph (c) substitute—

“(ca)   section 95A, or”.

(3)     After subsection (5) insert—

“(5A)   No regulations under paragraph 1 of Schedule 8 which make
provision with respect to the powers conferred by section 95A
are to be made unless a draft of the regulations has been laid
before Parliament and approved by a resolution of each House.

(5B)   Subsection (5A) does not apply to regulations under paragraph 1
of that Schedule which make provision of the kind mentioned in
paragraph 3(a) of that Schedule.”

(4)     In subsection (6) (regulations subject to the negative procedure) for the
“or” at the end of paragraph (a) substitute—

“(aa)   under the provision mentioned in subsection (5A) and
containing regulations to which that subsection applies,
or”.”

After Clause 63

LORD HYLTON

THE LORD BISHOP OF SOUTHWARK

120

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

LORD FORSYTH OF DRUMLEAN

BARONESS COX

121

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.”

LORD DUBS

122

Insert the following new Clause—

“Protection of locally engaged staff

(1)     This section applies to staff who formerly worked for Her Majesty’s
Government in Iraq or Afghanistan—

(a)   as direct employees of the United Kingdom armed forces or the
Ministry of Defence;

(b)   on letters of appointment from a British Embassy;

(c)   as direct employees of the Department for International
Development or the British Council; or

(d)   as contracted staff who worked as part of Her Majesty’s
Government’s programmes, projects and operations.

(2)     Persons falling into the categories in subsection (1) and who satisfy the
United Nations High Commissioner for Refugees that they meet the
criteria of the 1951 Refugee Convention are eligible for resettlement in the
United Kingdom under the United Kingdom’s Gateway Protection
Programme.

(3)     Persons falling into the categories in subsection (1) may apply for a visa to
come to the United Kingdom for the purpose of the United Kingdom
determining their claim for asylum.

(4)     Such persons may be accompanied by—

(a)   their spouse or civil partner;

(b)   any of their children under the age of 18 who are not leading
independent lives; and

(c)   any of their parents and grandparents who are over 65 and their
respective spouses and civil partners.”

Schedule 11

LORD BATES

123

Page 173, line 33, at end insert—

“( )     In that sub-paragraph, in paragraph (h) for “or 36” substitute “, 35A or
35B”.”

124

Page 180, line 41, after “made” insert “by the Secretary of State”

125

Page 181, line 6, leave out “or 2A(3)(b)” and insert “, 2A(3)(b), 10A or 10B”

Clause 64

LORD BATES

126

Page 57, line 3, leave out “or”

127

Page 57, line 8, at end insert “, or

( )   a person under the age of 18 who is unaccompanied and who—

(i)   has leave to enter or remain in the United Kingdom, and

(ii)   is a person of a kind specified in regulations made by the
Secretary of State.”

Clause 67

LORD BATES

128

Page 58, line 3, leave out “first” and insert “transferring”

129

Page 58, line 4, leave out “another local authority” and insert “one or more other
local authorities”

130

Page 58, line 5, leave out ““the second” and insert “a “receiving”

131

Page 58, line 7, leave out “The scheme” and insert “A scheme under this section”

132

Page 58, line 10, leave out “that section” and insert “section 64”

133

Page 58, line 10, leave out “those authorities” and insert “the transferring authority
and each receiving authority”

134

Page 58, line 13, leave out “first authority and the second authority” and insert
“transferring authority and each receiving authority under a scheme under this
section”

135

Page 58, line 17, leave out “the second” and insert “each receiving”

Clause 68

LORD BATES

136

Page 59, line 1, after “to” insert “—(i)”

137

Page 59, line 1, at end insert “or

(ii) provision which may be made under section 64(6) or (10),”
138

Page 59, line 4, leave out “or (2)”

139

Page 59, line 7, leave out paragraph (b)

LORD HOPE OF CRAIGHEAD

140*

Page 59, line 8, at end insert—

“( )     Regulations under subsection (1) or (2) which relate to Scotland may only
be made with the consent of the Scottish Parliament.”

Schedule 12

LORD BATES

141

Page 186, line 15, at end insert—

“(1A)    A statutory instrument containing (whether alone or with other
provision) regulations under paragraph 28(6) may not be made unless a
draft of the instrument has been laid before, and approved by a
resolution of, each House of Parliament.”

142

Page 186, line 16, after “containing” insert “any other”

143

Page 186, line 17, after “Schedule” insert “and to which sub-paragraph (1A) does
not apply”

After Clause 71

LORD MARLESFORD

144

Insert the following new Clause—

“Obligation to provide information on passports

(1)     The Secretary of State must make available to immigration officers at
United Kingdom borders any information the Secretary of State holds on
citizenship of other countries held by British passport holders, and
passports relating to any such citizenship status.

(2)     The information must be made available in a searchable electronic database
which must be accessible to immigration officers when undertaking their
duties at United Kingdom borders.”

After Clause 84

LORD BATES

145

Insert the following new Clause—

“Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the
Secretary of State or any person by section 55 of the Borders, Citizenship
and Immigration Act 2009 (duty regarding welfare of children).”

Clause 87

LORD BATES

146

Page 68, line 35, after “containing” insert “(whether alone or with other provision)”

147

Page 68, line 38, at end insert—

“( )   regulations under section (Information gateways),”

148

Page 68, line 42, leave out paragraph (e)

149

Page 69, line 17, after “instrument” insert “—(a)”

150

Page 69, line 18, after “Act” insert “, and

(b)   to which subsection (2) does not apply,”

Clause 88

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

151

Page 69, line 29, after first “to” insert “section 37(7) and”

Clause 89

LORD BATES

152

Page 70, line 2, at end insert—

“( )     But subsection (3) does not apply to the amendments made to the Modern
Slavery Act 2015 by paragraphs 26A and 27A of Schedule 2 (for the extent
of which, see the amendments to section 60 of that Act made by paragraph
26D of that Schedule).”

153

Page 70, line 20, at end insert “, and

( )   section 60(6) of the Modern Slavery Act 2015.”

Clause 90

BARONESS HAMWEE

LORD PADDICK

154

Page 70, line 22, after “Immigration” insert “and Labour Market”

 

Prepared 8th March 2016