8

 

20A

Because it is not consistent with the constitutional roles of Her Majesty’s Government and

 

Parliament in relation to the conduct of international relations.

LORDS AMENDMENT 24

After Clause 9

24

Insert the following new Clause—

 

“Maintenance of refugee family unity within Europe

 

(1)    

A Minister of the Crown must make appropriate arrangements with the

 

aim of preserving specified effects in the United Kingdom of Regulation

 

(EU) No. 604/2013 (the “Dublin Regulation”), including through

 

negotiations with the EU.

 

(2)    

“Specified effects” under subsection (1) are those provisions, and

 

associated rights and obligations, that allow for those seeking asylum,

 

including unaccompanied minors, adults and children, to join a family

 

member, sibling or relative in the United Kingdom.

 

(3)    

Within six months of the passing of this Act, and then every six months

 

thereafter, a Minister of the Crown must report to Parliament on progress

 

made in negotiations to secure the continuation of reciprocal arrangements

 

between the United Kingdom and member States as they relate to

 

subsection (1).”

COMMONS AMENDMENTS IN LIEU

 

The Commons disagree to Lords Amendment 24 but propose Amendments 24A and 24B

 

in lieu—

24A

Page 9, line 21, at end insert the following new Clause—

 

“Family unity for those seeking asylum or other protection in Europe

 

(1)    

A Minister of the Crown must seek to negotiate, on behalf of the United

 

Kingdom, an agreement with the EU under which, after the United

 

Kingdom’s withdrawal from the EU, in accordance with the agreement—

 

(a)    

an unaccompanied child who has made an application for

 

international protection to a member State may, if it is in the child’s

 

best interests, come to the United Kingdom to join a relative who is

 

aged 18 or over and—

 

(i)    

is a lawful resident of the United Kingdom, or

 

(ii)    

has made a protection claim which has not been decided,

 

and

 

(b)    

an unaccompanied child in the United Kingdom, who has made a

 

protection claim, may go to a member State to join a relative there,

 

in equivalent circumstances.

 

(2)    

For the purposes of subsection (1)(a)(i) a person is not a lawful resident of

 

the United Kingdom if the person requires leave to enter or remain in the

 

United Kingdom but does not have it.

 

(3)    

For the purposes of subsection (1)(a)(ii), a protection claim is decided—

 

(a)    

when the Secretary of State notifies the claimant of the Secretary of

 

State’s decision on the claim, unless the claimant appeals against

 

the decision, or

 

 


 
 

9

 
 

(b)    

if the claimant appeals against the Secretary of State’s decision on

 

the claim, when the appeal is disposed of.

 

(4)    

In this section—

 

“application for international protection” has the meaning given by

 

Article 2(h) of Directive 2011/95/EU of the European Parliament

 

and of the Council on standards for the qualification of third-

 

country nationals or stateless persons as beneficiaries of

 

international protection, for a uniform status for refugees or for

 

persons eligible for subsidiary protection, and for the content of the

 

protection granted;

 

“protection claim” has the same meaning as in Part 5 of the

 

Nationality, Immigration and Asylum Act 2002 (see section 82(2) of

 

that Act);

 

“relative”, in relation to an unaccompanied child, means—

 

(a)    

a spouse or civil partner of the child or any person with

 

whom the child has a durable relationship that is similar to

 

marriage or civil partnership, or

 

(b)    

a parent, grandparent, uncle, aunt, brother or sister of the

 

child;

 

“unaccompanied child” means a person under the age of 18 (“the

 

child”) who is not in the care of a person who—

 

(a)    

is aged 18 or over, and

 

(b)    

by law or custom of the country or territory in which the

 

child is present, has responsibility for caring for the child.”

24B

Page 15, line 13, at end insert

 

“( )    

section (Family unity for those seeking asylum or other protection in

 

Europe),”

LORDS AMENDMENT 25

Before Clause 10

25

Insert the following new Clause—

 

“Continuation of North-South co-operation and the prevention of new border

arrangements

 

(1)    

In exercising any of the powers under this Act, a Minister of the Crown or

 

devolved authority must—

 

(a)    

act in a way that is compatible with the terms of the Northern

 

Ireland Act 1998, and

 

(b)    

have due regard to the joint report from the negotiators of the EU

 

and the United Kingdom Government on progress during phase 1

 

of negotiations under Article 50 of the Treaty on European Union.

 

(2)    

Nothing in section 7, 8, 9 or 17 of this Act authorises regulations which—

 

(a)    

diminish any form of North-South co-operation across the full

 

range of political, economic, security, societal and agricultural

 

contexts and frameworks of co-operation, including the continued

 

operation of the North-South implementation bodies, or

 

(b)    

create or facilitate border arrangements between Northern Ireland

 

and the Republic of Ireland after exit day which feature—

 

(i)    

physical infrastructure, including border posts,

 

 


 
 

10

 
 

(ii)    

a requirement for customs or regulatory compliance checks,

 

(iii)    

a requirement for security checks,

 

(iv)    

random checks on goods vehicles, or

 

(v)    

any other checks and controls,

 

    

that did not exist before exit day and are not subject to an agreement

 

between Her Majesty’s Government and the Government of

 

Ireland.”

COMMONS AMENDMENTS TO LORDS AMENDMENT

 

The Commons propose Amendments 25A to 25E to Lords Amendment 25—

25A

Line 11, leave out “8,”.

25B

Line 11, leave out “17” and insert “17(1) or (5)”.

25C

Line 12, leave out from “co-operation” to “, or” in line 15 and insert “provided for

 

by the Belfast Agreement (as defined by section 98 of the Northern Ireland Act

 

1998)”.

25D

Line 17, leave out from “feature” to end of line 22 and insert “physical

 

infrastructure, including border posts, or checks and controls”.

25E

Line 23, leave out from second “not” to end of line 25 and insert “in accordance

 

with an agreement between the United Kingdom and the EU”.

LORDS AMENDMENTS 37, 39 AND 125

Clause 14

37

Page 10, line 40, leave out from “means” to end of line 41 and insert “such day as a

 

Minister of the Crown may by regulations appoint (and see subsection (2));”

39

Page 11, line 38, leave out subsections (2) to (5) and insert—

 

“(2)    

In this Act—

 

(a)    

where a Minister of the Crown appoints a time as well as a day as

 

exit day (see paragraph 19 of Schedule 7), references to before, after

 

or on that day, or to beginning with that day, are to be read as

 

references to before, after or at that time on that day or (as the case

 

may be) to beginning with that time on that day, and

 

(b)    

where a Minister of the Crown does not appoint a time as well as a

 

day as exit day, the reference to exit day in section 1 is to be read as

 

a reference to the beginning of that day.”

Schedule 7

125

Page 48, line 21, leave out paragraph 10 and insert—

 

“Power to appoint “exit day”

 

10         

A statutory instrument containing regulations under section 14 which

 

appoint a day as exit day may not be made unless a draft of the

 

instrument has been laid before, and approved by a resolution of, each

 

House of Parliament.”

 

 


 
 

11

 

COMMONS REASON

 

The Commons disagree to Lords Amendments 37, 39, and 125 for the following Reason—

37A

Because it is better for a default “exit day” to be specified in the Bill rather than appointed

 

by regulations made under the Bill.

LORDS AMENDMENT 43

Clause 17

43

Page 14, line 14, leave out “the Minister considers appropriate” and insert “is

 

necessary”

COMMONS REASON

 

The Commons disagree to Lords Amendment 43 for the following Reason—

43A

Because it inappropriately restricts the power in Clause 17(1).

LORDS AMENDMENT 45

45

Page 14, line 22, leave out “the Minister considers appropriate” and insert “is

 

necessary”

COMMONS REASON

 

The Commons disagree to Lords Amendment 45 for the following Reason—

45A

Because it inappropriately restricts the power in Clause 17(5).

LORDS AMENDMENT 51

Clause 19

51

Page 15, line 21, at end insert—

 

“(2B)  

But none of the remaining provisions may come into force until it is a

 

negotiating objective of the Government to ensure that an international

 

agreement has been made which enables the United Kingdom to continue

 

to participate in the European Economic Area after exit day.

 

(2C)   

Regulations under this Act may not repeal or amend subsection (2B).”

COMMONS REASON

 

The Commons disagree to Lords Amendment 51 for the following Reason—

51A

Because it is not the policy of the government for the United Kingdom to continue to

 

participate in the EEA as part of its future relationship with the EEA States.

 
 

 


 
 

12

 

LORDS AMENDMENT 52

Schedule 1

52

Page 16, leave out lines 11 to 15

COMMONS REASON

 

The Commons disagree to Lords Amendment 52 for the following Reason—

52A

Because it is important to retain a power to allow for certain challenges to be brought in

 

domestic law where they would otherwise be excluded by paragraph 1(1) of Schedule 1.

LORDS AMENDMENT 53

53

Page 16, line 21, leave out paragraph 3

COMMONS AMENDMENT IN LIEU

 

The Commons disagree with Lords Amendment 53 but propose Amendment 53A in lieu—

53A

Page 64, line 15, leave out “3 months” and insert “three years”

LORDS AMENDMENTS 110 AND 128

Schedule 7

110

Page 44, line 35, leave out from beginning to end of line 20 on page 45 and insert—

 

“Parliamentary committees to sift regulations made under section 7, 8, 9 or 17

 

3    (1)  

This paragraph applies if a Minister of the Crown—

 

(a)    

proposes to make a statutory instrument, whether under this Act

or any other Act of Parliament, to which paragraph 1(3), 6(3),

7(3), or 11 applies or which has the same purpose as an

instrument to which those paragraphs apply, and

 

(b)    

is of the opinion that the instrument should be subject to

annulment in pursuance of a resolution of either House of

Parliament (“the negative procedure”).

 

     (2)  

Before making the instrument, the Minister must lay before both Houses

of Parliament a draft of the instrument together with a memorandum

setting out the reasons for the Minister’s opinion that the instrument

should be subject to the negative procedure.

 

     (3)  

The negative procedure applies unless within the relevant period either

House of Parliament requires the affirmative procedure to apply, in

which case the affirmative procedure applies.

 

     (4)  

A House of Parliament is taken to have required the affirmative

procedure to apply within the relevant period if—

 

(a)    

a committee of the House charged with reporting on the

instrument has recommended, within the period of 10 sitting

days beginning with the first sitting day after the day on which

the draft instrument was laid before the House, that the

affirmative procedure should apply, and

 

 


 
 

13

 
 

(b)    

that House has not by resolution rejected the recommendation

within a period of 5 sitting days beginning with the first sitting

day after the day on which the recommendation is made, or

 

(c)    

irrespective of the committee reporting on the instrument, that

House has resolved, within the period of 15 sitting days

beginning with the first sitting day after the day on which the

draft instrument was laid before the House, that the affirmative

procedure should apply to the instrument.

 

     (5)  

For the purposes of this paragraph—

 

(a)    

where an instrument is subject to the affirmative procedure, it

 

may not be made unless the draft of the instrument laid under

 

sub-paragraph (2) has been approved by a resolution of each

 

House of Parliament,

 

(b)    

“sitting day” means, in respect of either House, a day on which

 

that House sits.

 

     (6)  

Nothing in this paragraph prevents a Minister of the Crown from

deciding, at any time before a statutory instrument mentioned in sub-

paragraph (1)(a) is made, that another procedure should apply in

relation to the instrument.”

128

Page 49, line 4, leave out paragraph 13

COMMONS REASON

 

The Commons disagree to Lords Amendments 110 and 128 for the following Reason—

110A

Because the Commons prefer their proposed arrangements for sifting.

 
 

 


 
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13 June 2018