The House divided:
Ayes 297, Noes 34.
Division No. 198]
[
4.1 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, rh Alistair
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, Neil
Chishti, Rehman
Clegg, rh Mr Nick
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dodds, rh Mr Nigel
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gyimah, Mr Sam
Halfon, Robert
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunt, rh Mr Jeremy
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lord, Jonathan
Loughton, Tim
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, rh Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Osborne, rh Mr George
Ottaway, rh Sir Richard
Paisley, Ian
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Raab, Mr Dominic
Randall, rh Sir John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Mark Hunter
and
Claire Perry
NOES
Abbott, Ms Diane
Bailey, Mr Adrian
Blomfield, Paul
Crockart, Mike
Durkan, Mark
Edwards, Jonathan
Engel, Natascha
Flynn, Paul
Gapes, Mike
Hames, Duncan
Hendrick, Mark
Hoey, Kate
Jackson, Glenda
Leech, Mr John
Llwyd, rh Mr Elfyn
Lucas, Caroline
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
McDonnell, John
Mudie, Mr George
Riordan, Mrs Linda
Robertson, Angus
Skinner, Mr Dennis
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Teather, Sarah
Thornton, Mike
Vaz, rh Keith
Ward, Mr David
Weir, Mr Mike
Whiteford, Dr Eilidh
Williams, Hywel
Wishart, Pete
Wood, Mike
Tellers for the Noes:
Dr Julian Huppert
and
Jeremy Corbyn
Question accordingly agreed to.
30 Jan 2014 : Column 1105
30 Jan 2014 : Column 1106
New clauses 12 and 18 added to the Bill.
Exceptions to automatic deportation
‘(1) The UK Borders Act 2007 is amended as follows.
(2) In section 33 (Exceptions), in subsection (2)(a), for “Convention rights”, substitute “rights under Articles 2 or 3 of the Convention”.
30 Jan 2014 : Column 1107
(3) In section 33, after subsection (6A), insert—
“(6B) Exception 7 is where the Secretary of State thinks, taking into account all the circumstances of the case including the seriousness of the offence, that removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would cause such manifest and overwhelming harm to his children that it overrides the public interest in removal.”.
(4) In section 38 (Interpretation)—
(a) after subsection (3), insert—
“(3A) In section 32, “Convention rights” has the same meaning as in the Human Rights Act 1998 (c. 42).”;
(c) after subsection (4) insert—
“(4A) In section 33, “rights under Articles 2 or 3 of the Convention” means Articles 2 or 3 of “the Convention” as defined in the Human Rights Act 1998 (c. 42).”.’.—(Mr Raab.)
Question put, That the clause be added to the Bill.
The House divided:
Ayes 97, Noes 241.
Division No. 199]
[
4.13 pm
AYES
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Bacon, Mr Richard
Baker, Steve
Barclay, Stephen
Baron, Mr John
Bellingham, Mr Henry
Bingham, Andrew
Blackman, Bob
Blears, rh Hazel
Brady, Mr Graham
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Bruce, Fiona
Burns, Conor
Byles, Dan
Cash, Mr William
Crouch, Tracey
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Djanogly, Mr Jonathan
Dodds, rh Mr Nigel
Dorries, Nadine
Dowd, Jim
Drax, Richard
Engel, Natascha
Fuller, Richard
Gillan, rh Mrs Cheryl
Goldsmith, Zac
Gray, Mr James
Halfon, Robert
Henderson, Gordon
Herbert, rh Nick
Hoey, Kate
Howarth, Sir Gerald
Jackson, Mr Stewart
Jenkin, Mr Bernard
Kelly, Chris
Knight, rh Sir Greg
Kwarteng, Kwasi
Latham, Pauline
Lee, Dr Phillip
Leslie, Charlotte
Lewis, Dr Julian
Lord, Jonathan
Loughton, Tim
Lumley, Karen
Main, Mrs Anne
Mann, John
McCartney, Jason
McDonagh, Siobhain
McPartland, Stephen
Metcalfe, Stephen
Mills, Nigel
Morris, Anne Marie
Morris, David
Mosley, Stephen
Nokes, Caroline
Nuttall, Mr David
Offord, Dr Matthew
Paisley, Ian
Pawsey, Mark
Percy, Andrew
Phillips, Stephen
Pincher, Christopher
Pritchard, Mark
Raab, Mr Dominic
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Robertson, Mr Laurence
Rosindell, Andrew
Ruffley, Mr David
Shepherd, Sir Richard
Spencer, Mr Mark
Stanley, rh Sir John
Stewart, Bob
Streeter, Mr Gary
Stringer, Graham
Stuart, Ms Gisela
Stuart, Mr Graham
Syms, Mr Robert
Tredinnick, David
Turner, Mr Andrew
Twigg, Derek
Vaz, rh Keith
Vickers, Martin
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Yeo, Mr Tim
Tellers for the Ayes:
Mr Peter Bone
and
Mr Philip Hollobone
NOES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Bailey, Mr Adrian
Bain, Mr William
Baker, Norman
Balls, rh Ed
Banks, Gordon
Barron, rh Kevin
Bayley, Hugh
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Birtwistle, Gordon
Blenkinsop, Tom
Blomfield, Paul
Bottomley, Sir Peter
Bradshaw, rh Mr Ben
Brake, rh Tom
Brennan, Kevin
Brooke, Annette
Brown, Lyn
Brown, Mr Russell
Browne, Mr Jeremy
Bruce, rh Sir Malcolm
Bryant, Chris
Buck, Ms Karen
Buckland, Mr Robert
Burstow, rh Paul
Burt, Lorely
Byrne, rh Mr Liam
Cable, rh Vince
Campbell, Mr Alan
Campbell, rh Sir Menzies
Caton, Martin
Champion, Sarah
Clarke, rh Mr Tom
Clegg, rh Mr Nick
Clwyd, rh Ann
Cooper, rh Yvette
Corbyn, Jeremy
Cox, Mr Geoffrey
Creagh, Mary
Creasy, Stella
Crockart, Mike
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Dakin, Nic
Danczuk, Simon
Davey, rh Mr Edward
David, Wayne
Davidson, Mr Ian
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Doyle, Gemma
Dugher, Michael
Durkan, Mark
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Farron, Tim
Fitzpatrick, Jim
Flynn, Paul
Foster, rh Mr Don
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
George, Andrew
Glass, Pat
Glindon, Mrs Mary
Goodman, Helen
Greatrex, Tom
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hames, Duncan
Hamilton, Mr David
Hamilton, Fabian
Hanson, rh Mr David
Harris, Mr Tom
Harvey, Sir Nick
Havard, Mr Dai
Heath, Mr David
Hendrick, Mark
Hepburn, Mr Stephen
Heyes, David
Hilling, Julie
Hodge, rh Margaret
Hodgson, Mrs Sharon
Horwood, Martin
Howarth, rh Mr George
Hughes, rh Simon
Hunt, Tristram
Huppert, Dr Julian
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Dame Tessa
Kaufman, rh Sir Gerald
Kendall, Liz
Khan, rh Sadiq
Lamb, Norman
Lammy, rh Mr David
Lavery, Ian
Laws, rh Mr David
Lazarowicz, Mark
Leech, Mr John
Leslie, Chris
Lloyd, Stephen
Llwyd, rh Mr Elfyn
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Shabana
Malhotra, Seema
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Miliband, rh Edward
Mitchell, Austin
Moon, Mrs Madeleine
Moore, rh Michael
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Munt, Tessa
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
O'Donnell, Fiona
Onwurah, Chi
Owen, Albert
Pearce, Teresa
Phillips, Stephen
Phillipson, Bridget
Pound, Stephen
Pugh, John
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Mr Steve
Reeves, Rachel
Reid, Mr Alan
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rogerson, Dan
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Russell, Sir Bob
Sanders, Mr Adrian
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Smith, Sir Robert
Spellar, rh Mr John
Tami, Mark
Teather, Sarah
Thomas, Mr Gareth
Thornton, Mike
Thurso, John
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Stephen
Umunna, Mr Chuka
Vaz, Valerie
Walley, Joan
Ward, Mr David
Watson, Mr Tom
Watts, Mr Dave
Webb, Steve
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williams, Mr Mark
Williamson, Chris
Wilson, Phil
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Wright, Simon
Tellers for the Noes:
Jenny Willott
and
Mark Hunter
Question accordingly negatived.
30 Jan 2014 : Column 1108
30 Jan 2014 : Column 1109
Right of Appeal to First-tier Tribunal
Amendment proposed, 1, page 8, line 19, leave out leave clause 11.—(Yvette Cooper.)
Question put, That the amendment be made.
The House divided:
Ayes 210, Noes 301.
Division No. 200]
[
4.26 pm
AYES
Abbott, Ms Diane
Abrahams, Debbie
Ainsworth, rh Mr Bob
Alexander, rh Mr Douglas
Alexander, Heidi
Ali, Rushanara
Allen, Mr Graham
Ashworth, Jonathan
Bailey, Mr Adrian
Bain, Mr William
Balls, rh Ed
Banks, Gordon
Barron, rh Kevin
Bayley, Hugh
Beckett, rh Margaret
Begg, Dame Anne
Benn, rh Hilary
Berger, Luciana
Betts, Mr Clive
Blomfield, Paul
Bradshaw, rh Mr Ben
Brennan, Kevin
Brown, Lyn
Brown, rh Mr Nicholas
Brown, Mr Russell
Bryant, Chris
Buck, Ms Karen
Byrne, rh Mr Liam
Campbell, Mr Alan
Caton, Martin
Champion, Sarah
Clarke, rh Mr Tom
Clwyd, rh Ann
Cooper, rh Yvette
Corbyn, Jeremy
Creagh, Mary
Creasy, Stella
Cunningham, Alex
Cunningham, Mr Jim
Cunningham, Sir Tony
Dakin, Nic
Danczuk, Simon
David, Wayne
Davidson, Mr Ian
De Piero, Gloria
Denham, rh Mr John
Dobbin, Jim
Dobson, rh Frank
Docherty, Thomas
Donohoe, Mr Brian H.
Doran, Mr Frank
Doughty, Stephen
Dowd, Jim
Doyle, Gemma
Dugher, Michael
Eagle, Ms Angela
Eagle, Maria
Edwards, Jonathan
Efford, Clive
Elliott, Julie
Ellman, Mrs Louise
Engel, Natascha
Fitzpatrick, Jim
Flello, Robert
Flynn, Paul
Fovargue, Yvonne
Francis, Dr Hywel
Gapes, Mike
Gardiner, Barry
Glass, Pat
Glindon, Mrs Mary
Goodman, Helen
Greatrex, Tom
Greenwood, Lilian
Griffith, Nia
Gwynne, Andrew
Hamilton, Mr David
Hanson, rh Mr David
Harris, Mr Tom
Havard, Mr Dai
Hendrick, Mark
Hepburn, Mr Stephen
Heyes, David
Hillier, Meg
Hodge, rh Margaret
Hodgson, Mrs Sharon
Hoey, Kate
Howarth, rh Mr George
Hunt, Tristram
Irranca-Davies, Huw
Jackson, Glenda
James, Mrs Siân C.
Jamieson, Cathy
Jarvis, Dan
Johnson, rh Alan
Johnson, Diana
Jones, Helen
Jones, Mr Kevan
Jones, Susan Elan
Jowell, rh Dame Tessa
Kaufman, rh Sir Gerald
Kendall, Liz
Khan, rh Sadiq
Lammy, rh Mr David
Lavery, Ian
Lazarowicz, Mark
Leech, Mr John
Leslie, Chris
Llwyd, rh Mr Elfyn
Love, Mr Andrew
Lucas, Caroline
Lucas, Ian
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
Mahmood, Shabana
Malhotra, Seema
Mann, John
Marsden, Mr Gordon
McCabe, Steve
McCann, Mr Michael
McCarthy, Kerry
McDonagh, Siobhain
McDonald, Andy
McDonnell, John
McFadden, rh Mr Pat
McGovern, Jim
McGuire, rh Mrs Anne
McKechin, Ann
McKenzie, Mr Iain
McKinnell, Catherine
Meacher, rh Mr Michael
Mearns, Ian
Miliband, rh Edward
Mitchell, Austin
Moon, Mrs Madeleine
Morden, Jessica
Morrice, Graeme
(Livingston)
Morris, Grahame M.
(Easington)
Mudie, Mr George
Munn, Meg
Murphy, rh Mr Jim
Murphy, rh Paul
Murray, Ian
O'Donnell, Fiona
Onwurah, Chi
Owen, Albert
Pearce, Teresa
Phillipson, Bridget
Qureshi, Yasmin
Raynsford, rh Mr Nick
Reed, Mr Jamie
Reed, Mr Steve
Reeves, Rachel
Reynolds, Emma
Reynolds, Jonathan
Riordan, Mrs Linda
Robertson, Angus
Robertson, John
Robinson, Mr Geoffrey
Rotheram, Steve
Roy, Mr Frank
Roy, Lindsay
Ruane, Chris
Ruddock, rh Dame Joan
Sarwar, Anas
Sawford, Andy
Seabeck, Alison
Sharma, Mr Virendra
Sheerman, Mr Barry
Shuker, Gavin
Skinner, Mr Dennis
Slaughter, Mr Andy
Smith, rh Mr Andrew
Smith, Angela
Smith, Nick
Spellar, rh Mr John
Straw, rh Mr Jack
Stringer, Graham
Stuart, Ms Gisela
Sutcliffe, Mr Gerry
Tami, Mark
Teather, Sarah
Thomas, Mr Gareth
Thornton, Mike
Timms, rh Stephen
Trickett, Jon
Turner, Karl
Twigg, Derek
Twigg, Stephen
Umunna, Mr Chuka
Vaz, rh Keith
Vaz, Valerie
Walley, Joan
Ward, Mr David
Watson, Mr Tom
Watts, Mr Dave
Weir, Mr Mike
Whiteford, Dr Eilidh
Whitehead, Dr Alan
Williams, Hywel
Williamson, Chris
Wilson, Phil
Winnick, Mr David
Winterton, rh Ms Rosie
Wishart, Pete
Wood, Mike
Woodcock, John
Woodward, rh Mr Shaun
Wright, David
Wright, Mr Iain
Tellers for the Ayes:
Tom Blenkinsop
and
Julie Hilling
NOES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Barwell, Gavin
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, Conor
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, rh Alistair
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Halfon, Robert
Hames, Duncan
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunt, rh Mr Jeremy
Huppert, Dr Julian
Hurd, Mr Nick
James, Margot
Javid, Sajid
Jenkin, Mr Bernard
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lord, Jonathan
Loughton, Tim
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Mills, Nigel
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, rh Mr Stephen
Offord, Dr Matthew
Ollerenshaw, Eric
Opperman, Guy
Osborne, rh Mr George
Ottaway, rh Sir Richard
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Sir John
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Shepherd, Sir Richard
Simpson, Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Streeter, Mr Gary
Stride, Mel
Stuart, Mr Graham
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Tredinnick, David
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Noes:
Mark Hunter
and
Mr Sam Gyimah
Question accordingly negatived.
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Place from which appeal may be brought or continued
Amendments made: 6, page 10, line 10, leave out from ‘appeal)’ to end of line 17 and insert
‘, the appeal must be brought from outside the United Kingdom if—
(a) the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country), or
(b) paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.
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Otherwise, the appeal must be brought from within the United Kingdom.’.
Amendment 7, page 10, line 19, leave out from ‘appeal)’ to end of line 33 and insert
‘where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—
(a) the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country) or section 94B (certification of human rights claims made by persons liable to deportation), or
(b) paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.
Otherwise, the appeal must be brought from within the United Kingdom.
( ) In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.’.—(Mrs May.)
Appeals Against Penalty Notices
Amendment made: 77, page 30, line 35, at end insert—
‘() to provide for the prohibition in section35(1) not to apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a specified description.
‘( ) An order under subsection (1) may amend a section so that it provides for a matter to be specified in a further order to be made by the Treasury.’.—(Mrs May.)
requirement as to giving notice of marriage or civil partnership
Amendments made: 23, page 42, line 22, leave out ‘(7)’ and insert ‘(9)’.
Amendment 24, page 42, line 38, leave out subsection (6) and insert—
‘( ) For paragraph 1(1) substitute—
1 (1A) Part 3 of this Schedule applies if—
(a) two people wish to register in Scotland as civil partners of each other, and
(b) one of them is subject to immigration control.
(1B) Part 4 of this Schedule applies if—
(a) two people wish to register in Northern Ireland as civil partners of each other, and
(b) one of them is subject to immigration control.”.’.
Amendment 25, page 42, line 41, leave out first ‘paragraph’ and insert ‘Part’.
Amendment 26, page 42, line 42, at end insert—
‘(8) For paragraph 8 substitute—
8 This Part of this Schedule applies as mentioned in paragraph 1(1A).”.
(9) For paragraph 12 substitute—
12 This Part of this Schedule applies as mentioned in paragraph 1(1B).”.’.—
(Mrs May.)
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fees
Amendments made: 45, page 46, line 37, leave out from beginning to ‘may’ in line 12 on page 47 and insert—
(a) must specify how the fee in respect of the exercise of each specified function is to be calculated, and
Amendment 46, page 47, line 14, at end insert—
‘(3A) For any specified fee, a fees order must provide for it to comprise one or more amounts each of which is—
(b) an amount calculated by reference to an hourly rate or other factor.
(3B) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—
(a) must specify a maximum amount for the fee (or part), and
(b) may specify a minimum amount.
(3C) Where a fees order provides for a fee (or part of a fee) to be calculated as mentioned in subsection (3A)(b), it—
(i) how the fee (or part) is to be calculated, and
(ii) a maximum rate or other factor, and
(b) may specify a minimum rate or other factor.
(3D) For any specified fee, the following are to be set by the Secretary of State by regulations (“fees regulations”)—
(a) if the fee (or any part of it) is to be a fixed amount, that amount;
(b) if the fee (or any part of it) is to be calculated as mentioned in subsection (3A)(b), the hourly rate or other factor by reference to which it (or that part) is to be calculated.’
Amendment 47, page 47, line 15, leave out ‘The’ and insert ‘An’.
Amendment 48, page 47, line 15, leave out ‘in respect’ and insert
‘for a fee in respect of the exercise’.
Amendment 49, page 47, line 18, leave out ‘the function’ and insert
‘that amount, or rate or other factor’.
Amendment 50, page 47, line 19, leave out ‘specified for the function’ and insert ‘so specified’.
Amendment 51, page 47, line 32, at end insert—
This is subject to section 61(5).’.
Amendment 52, page 47, line 44, after ‘section’ insert
‘and sections 61 and (Power to charge fees for attendance services in particular cases)’.
Amendment 53, page 48, line 11, after ‘section’ insert
‘or section (Power to charge fees for attendance services in particular cases)’.—(Mrs May.)
orders and regulations
Amendment made: 27, page 49, line 34, at end insert ‘or (Supplementary provision)(4)’.—(Mrs May.)
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‘Sham marriage and civil partnership: administrative regulations
Introduction
1 (1) This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section (Supplementary provision)(2).
“extension order” has the meaning given in section (Supplementary provision)(1); “proposed Scottish or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership under the law of Scotland or Northern Ireland.
Notices
2 (1) The Secretary of State may make regulations which make provision about the giving of relevant notices.
(2) Regulations under this paragraph may, in particular, provide that a relevant notice given in accordance with the regulations is to be presumed to have been received by the person to whom it is given.
(3) In this paragraph “relevant notice” means—
(a) a notice, under any provision of the referral and investigation scheme, which relates to a proposed Scottish or Northern Ireland marriage or civil partnership, and
(b) any other notice relating to the referral of a proposed Scottish or Northern Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme,
(whether or not the notice falls to be given by virtue of provision made by an extension order).
Evidence
3 (1) The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.
(2) Regulations under this paragraph may, in particular, make provision about—
(a) the kind of evidence which is to be supplied;
(b) the form in which evidence is to be supplied;
(c) the manner in which evidence is to be supplied;
(d) the period within which evidence is to be supplied;
(e) the supply of further evidence;
(f) the sufficiency of evidence supplied;
(g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);
(h) the retention or copying of evidence supplied.
“evidence” includes a photograph or other image;
“relevant evidence provision” means provision (whether or not made by an extension order) about the supply of evidence in relation to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where one or both of the parties is not a relevant national.
Change of address
4 (1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—
(a) notice of a relevant person’s usual address, if the person’s notified usual address changes;
(b) notice of a relevant person’s UK contact address, if the person’s notified usual address is not in the United Kingdom;
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(c) notice of a relevant person’s UK contact address, if the person’s notified UK contact address changes;
(d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).
(2) Regulations under this paragraph may, in particular, make—
(a) provision imposing a requirement on a person;
(b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.
(3) Regulations under sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph 3(2).
“notified”, in relation to an address of a relevant person, means notified (whether to the Secretary of State or another person) in connection with the proposed Scottish or Northern Ireland marriage or civil partnership (including any such address notified in accordance with provision made by an extension order or regulations made under this paragraph);
“relevant person” means a person who is a party to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where that person or the other party is not a relevant national (or both of them are not relevant nationals);
“UK contact address” means an address in the United Kingdom at which a person can be contacted by post.
Referral
5 (1) The Secretary of State may make regulations requiring a person to act in accordance with the regulations when complying with a duty of referral.
(2) The regulations may, in particular, make provision about—
(a) the form, manner or timing of the referral;
(b) information, photographs or evidence — or copies of any of those things — to be included with the referral.
(3) The Secretary of State may make regulations requiring a person who refers a proposed marriage or civil partnership in accordance with a duty of referral to give the parties to the proposed marriage information prescribed in the regulations about—
(a) the effects of the referral;
(b) any requirements under regulations under paragraph 4 to notify the Secretary of State of changes of address.
“duty of referral” means a duty (whether or not contained in provision made by an extension order) to refer a proposed Scottish or Northern Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme;
“referral” means the referral of a proposed Scottish or Northern Ireland marriage or civil partnership under a duty of referral.
Applications for shortening of waiting period
6 (1) The Secretary of State may make regulations about the making, and granting, of applications for the shortening of a waiting period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of State in accordance with a duty of referral.
(2) Regulations may be made under this paragraph—
(a) whether the application falls to be made by virtue of provision made by an extension order or otherwise;
(b) whether the application falls to be made to the Secretary of State or another person.
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“duty of referral” has the same meaning as in paragraph 5;
“waiting period”, in relation to a proposed Scottish or Northern Ireland marriage or civil partnership, means a period during which it is not possible for the marriage to be solemnized or civil partnership to be formed (but which falls after notice of the proposed marriage or civil partnership has been given for the purposes of enabling it to be solemnized or formed in due course).’.—(Mrs May.)
Brought up,and added to the Bill.
Excluded residential tenancy agreements
Amendments made: 17, page 56, line 5, after ‘Part’ insert ‘1 or’.
Amendment 18, page 56, line 6, after ‘Ireland’ insert ‘—
(i) Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or
Amendment 19, page 56, leave out lines 11 to 21 and insert—
1A (1) This paragraph applies for the purposes of paragraph 1.
(2) An allocation of housing accommodation by a local housing authority in England to a person who is already—
(a) a secure or introductory tenant, or
(b) an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord,
is to be treated as an allocation of housing accommodation by virtue of Part 6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be ignored).
(3) An allocation of housing accommodation that falls within a case specified in, or prescribed under, section 160 of the Housing Act 1996 (cases where provisions about allocation under Part 6 of that Act do not apply) is to be treated as an allocation of housing accommodation by virtue of Part 6 of that Act (and accordingly that section is to be ignored).
(4) An allocation of housing accommodation by virtue of Part 1 of the Housing (Scotland) Act 1987 is to be treated as provided by virtue of a relevant provision only if it is provided by a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part with a local authority).
(5) Accommodation provided to a person in Northern Ireland by a registered housing association is to be treated as provided to the person by virtue of a relevant provision.
(6) Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6 of the Housing Act 1996.
(7) In sub-paragraph (5) “registered housing association” means a housing association, within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of housing associations maintained under Article 14 of that Order.’.
Amendment 20, page 57, line 22, after ‘hostel’ insert ‘or refuge’.
Amendment 21, page 57, line 36, at end insert—
‘( ) “Refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of—
(a) controlling, coercive or threatening behaviour,
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(c) abuse of any other description (whether physical or mental in nature), or
(d) threats of any such violence or abuse.’.
Amendment 22, page 59, line 44, at end insert—
‘( ) “Building” includes a part of a building.’.—(Mrs May.)
referral of proposed marriages and civil partnerships in england and wales
Amendments made: 28, page 61, leave out line 9.
Amendment 29, page 61, leave out line 12.
Amendment 30, page 61, line 22, at end insert—
‘( ) But this section does not apply if section 39A applies to the proposed marriage.’.
Amendment 31, page 61, line 33, leave out from beginning to end of line 15 on page 62 and insert—
‘(6) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)—
(6A) If the notice contains more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.’.
Amendment 32, page 62, line 27, leave out sub-paragraph (8).
Amendment 33, page 64, line 11, leave out from beginning to ‘“specified’ in line 21 and insert—
(a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 27E(6);
(b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party’s usual address; and
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(c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 27E(6) (insofar as those paragraphs are applicable to the parties to the proposed marriage).
“relevant entry in section 27E(6)” means the second column of the last entry in the table in section 27E(6);’.
Amendment 34, page 69, leave out lines 22 and 23.
Amendment 35, page 70, line 33, after ‘application’ insert ‘to the applicant and’.
Amendment 36, page 72, line 34, at end insert—
‘One party resident in Scotland
In section 37 (one party resident in Scotland), in subsection (1)(b), for the words from “with” to “Act” (in the first place) insert “with section 27 and the other provisions of this Act”.
Proof of certain matters not necessary to validity of marriages
In section 48 (proof of certain matters not necessary to validity of marriages), in subsection (1)—
(a) omit the word “or” at the end of paragraph (e) (inserted by paragraph 14(c) of Schedule 7 to the Marriage (Same Sex Couples) Act 2013);
(b) at the end of paragraph (ea) (inserted by that provision of the Marriage (Same Sex Couples) Act 2013) insert “or
(eb) that, in the case of a marriage to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.”.’.
Amendment 37, page 73, line 28, at end insert—
‘( ) But this section does not apply if Schedule 3 applies to the proposed civil partnership.’.
Amendment 38, page 74, leave out lines 1 to 25 and insert—
‘(6) If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—
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(6A) If the notice contains more than one of statements A, B and C, subsection (6) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (6) does not require the notice to be accompanied by more than one specified photograph of each party.’.
Amendment 39, page 74, line 37, leave out sub-paragraph (8).
Amendment 40, page 76, line 7, leave out from beginning to ‘“specified’ in line 18 and insert—
(a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 8A(6);
(b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party’s usual address; and
(c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 8A(6) (insofar as those paragraphs are applicable to the parties to the proposed civil partnership).
“relevant entry in section 8A(6)” means the second column of the last entry in the table in section 8A(6);’.
Amendment 41, page 78, line 34, at end insert—
Amendment 42, page 80, line 24, leave out ‘proposed’ and insert ‘referred’.
Amendment 43, page 84, line 6, at end insert—
‘Proof of certain matters not necessary to validity of civil partnership
In section 52 (proof of certain matters not necessary to validity of civil partnership), in subsection (1)—
(a) omit the word “or” at the end of paragraph (a);
(b) at the end of paragraph (aa) insert “or
(ab) that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of that Schedule occurred.”.’.—(Mrs May.)
information
Amendment made: 44, page 85, line 41, leave out sub-paragraph (2).—(Mrs May.)
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transitional and consequential provision
Amendments made: 8, page 100, line 6, at end insert—
In Schedule 2 (administrative provisions as to control on entry etc), in paragraph 2A(9), for “(immigration and asylum appeals)” substitute “(appeals in respect of protection and human rights claims)”.In Schedule 3 (supplementary provisions as to deportation), in paragraph 3, for the words from “of the kind” to “order)” substitute “that relates to a deportation order”.’.
Amendment 9, page 100, line 13, leave out paragraph 15 and insert—
The Immigration and Asylum Act 1999 is amended as follows.Section 23 (monitoring refusals of entry clearance) is repealed.
(1) Section 141 (fingerprinting) is amended as follows.
(a) for paragraph (c) substitute—
“(c) any person (“C”) in respect of whom the Secretary of State has decided—
(i) to make a deportation order, or
(ii) that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;
(ca) any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;”;
(b) in paragraph (f), for the words from “paragraph (c)” to the end substitute “paragraph (c)(ii)”.
(3) In subsection (8), for paragraph (c) substitute—
“(c) for C, when he is notified of the decision mentioned in subsection (7)(c);
(ca) for CA, when he becomes a person to whom this section applies;”.
(a) in paragraph (b), after “C” insert “, CA”;
(b) in paragraph (c)(i) for “relevant immigration decision” substitute “decision mentioned in subsection (7)(c)”;
(c) after paragraph (c) insert—
“(ca) for CA, when he no longer requires leave to enter or remain in the United Kingdom;”;
Amendment 10, page 103, line 1, at end insert—
( ) in the definition of “human rights claim”—
(i) after “Kingdom” insert “or to refuse him entry into the United Kingdom”;
(ii) omit “as being incompatible with his Convention rights”;’.
Amendment 11, page 104, line 16, at end insert—
‘Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)
(1) Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) is amended as follows.
(2) In paragraph 1, at the end insert—
“(3) Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal relating to an asylum or human rights claim may be brought or continued.”
(b) in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “from within the United Kingdom”;
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(c) in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “from within the United Kingdom”.
(b) in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “from within the United Kingdom”;
(c) in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “from within the United Kingdom”.
(b) in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “from within the United Kingdom”;
(c) in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “from within the United Kingdom”.
(b) in paragraph (b), for the words from “by virtue of” to “rights)” substitute “from within the United Kingdom”;
(c) in paragraph (c), for “by virtue of section 92(4)(a) of that Act” substitute “from within the United Kingdom”.’
Amendment 12, page 104, line 18, at end insert—
‘( ) In section 12(3) (new definition of human rights claims), in paragraph (a) of the definition of “human rights claim”—
(a) after “Kingdom” insert “or to refuse him entry into the United Kingdom”;
(b) omit “as being incompatible with his Convention rights”.’.
Amendment 13, page 104, line 29, at end insert—
‘UK Borders Act 2007 (c. 30)
In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers), in subsection (2)—
(a) in paragraph (a), omit “against an immigration decision”;
(b) in paragraph (b), omit “against an immigration decision”.’.
Amendment 14, page 104, line 42, at end insert—
‘( ) In section 2B (appeal to SIAC against deprivation of citizenship), omit the words from “(and” to the end.’.
Amendment 15, page 105, line 15, column 2, at beginning insert—
| Section 15(2), (3) and (5). |
Amendment 16, page 105, line 27, at end insert—
| Borders, Citizenship and Immigration Act 2009 | Section 51(3). |
54, page 109, line 1, leave out from beginning to end of line 5.—(Mrs May.)
That paragraph 44 of Schedule 8 be transferred to line 11 on page 100.—[Mrs May.]
4.39 pm
Mrs May: I beg to move, That the Bill be now read the Third time.
We have had a considerable and lively discussion today. I thank all who have contributed to the Bill during its various stages so far, particularly those who
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steered it through the Committee stage: the Minister for Immigration, my hon. Friend the Member for Forest of Dean (Mr Harper), and the Minister for Crime Prevention, my hon. Friend the Member for Lewes (Norman Baker). Indeed, I am grateful for the hard work that was done by all members of the Committee.
Let me remind the House why the Bill is so necessary. It will bring clarity, fairness and integrity to the immigration system, and will address long-standing problems that have prevented the effective operation of immigration controls. It will do that by ensuring that those who are refused permission to stay are required to leave the country, and know that they must do so; by streamlining the appeals system to reduce the scope for playing the system; by ensuring that foreign criminals can be deported first and appeal afterwards, unless there is a real risk of serious irreversible harm; and by ensuring that courts must have regard to the will of Parliament when considering article 8 in immigration cases.
The Bill will make it more difficult for illegal migrants to live in the United Kingdom by denying access to the tools of everyday life. That will include giving landlords a duty to check the immigration status of tenants and imposing penalties on rogue landlords, and denying illegal migrants access to bank accounts and driving licences. We will also strengthen the enforcement of penalties for employers of illegal workers. The Bill reinforces controls to counter sham marriages and sham civil partnerships, conferring new powers and duties, and it will ensure that temporary legal migrants contribute to our national health service.
Ms Abbott I accept the Home Secretary’s wish to clean up the system and discourage people from “playing” it—I deal with thousands of immigration cases every month—but has she given no thought to the effect that her measures that are designed to crack down on illegal immigrants could have on people who are British nationals, but appear as if they might be immigrants?
Mrs May: We have given a great deal of thought to the way in which our measures will operate. The changes that we propose will strengthen our ability to deal with those who are here illegally. We are, for example, strengthening our ability to enforce penalties for those who employ illegal workers. The system enabling employers to determine whether the workers whom they employ are here legally or not is in place, is well known and is running properly, and the same will apply in the other areas that we are discussing.
The Bill will also help to discharge the Government’s commitment to introduce exit checks on people leaving the UK in order to tackle overstaying and prevent people from fleeing British justice.
Let me now go into a little more detail, although not too much, because I know that others wish to speak. The Bill substantially reforms the removals system, and ensures that illegal migrants who have no right to be in the UK can be returned to their own countries more quickly. We inherited a complex system involving multiple stages before an individual can be removed, allowing numerous challenges to be issued during the process. The Bill will ensure that we adopt a system whereby only one decision is made. Individuals will be informed of that decision, and if the decision is that they can no longer stay in the UK, immigration enforcement officials
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will be allowed to remove them if they do not leave of their own accord. The Bill also reforms the system whereby illegal migrants held in detention centres are allowed to apply for bail, and it gives immigration officers stronger powers so that they can establish the identity of illegal immigrants by checking fingerprints and searching for passports.
The current appeals system is also very complex. There are 17 different immigration decisions that attract rights of appeal, but the Bill will cut that number to four, which I think will prevent abuse of the appeal process. It will also ensure that appeals address only fundamental rights. It will make it easier to deport foreign criminals by requiring individuals to appeal from abroad after deportation, unless they face the prospect of serious harm.
Sarah Teather: I do not intend to make a speech, because I know that others wish to speak, but an issue that has not been mentioned at all today is health. The organisation Doctors of the World, whose clinic I visited last week, is very worried about the Bill’s impact on those who do not have residence status. Such people are often extremely vulnerable, and many have been trafficked.
Mrs May: The hon. Lady has raised a number of concerns about aspects of the Bill, and has indicated her objection to it overall. A number of the changes that we are making relate to migrants’ access to services, but I think that the issues to which she has just referred are within the purview of the Department of Health, and are therefore not relevant to the Bill.
We are strengthening our ability to deal with cases in which it has not been possible to deport foreign criminals because they have had recourse to an argument relating to article 8. That is a qualified right under the European convention, and we are now putting it into primary legislation. We expect the courts to respond appropriately.
We will require migrants who will be here temporarily to pay a surcharge so that they contribute to the NHS. I think that most hard-working people would agree that that is appropriate. We have improved our ability to deal with sham marriages.
The deprivation of citizenship is an important new power. As I indicated to the shadow Minister for Immigration, we are happy to discuss with him the full impact of that power. The Minister for Immigration will have those discussions with him. What we are doing meets our international obligations and will strengthen our ability to deal with those who wish to act in a way that is seriously prejudicial to the UK.
The Government are getting to grips with immigration. Net migration is down by nearly a third since its peak in 2010. Net migration from outside the EU is down to 140,000 and is at its lowest level since 1998. The reduction is being driven by cuts in the number of people coming to this country. In 2013, there were nearly 100,000 fewer people immigrating to the UK than in 2010.
We are making good progress with our reforms. We are transforming the immigration and border system. We have abolished the UK Border Agency, established two new operational commands, tightened immigration routes where abuse was rife, strengthened the system of
30 Jan 2014 : Column 1126
granting students permission to enter or stay in the UK, reformed the family visa system, and set an annual limit on the number of non-EU economic migrants who are admitted to the UK. All those reforms are working well and are doing much to tackle the chaotic and dysfunctional system that we inherited from the previous Government, but we need to go further.
The Bill will build on our achievements. It will ensure that immigration serves our economic interests and that our system commands the respect of the British public, who need and deserve an immigration system that is fair, reasonable and measured. I commend the Bill to the House.
4.46 pm
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab): I, too, thank those who sat on the Committee and all those who have contributed throughout the Bill’s passage. I thank Opposition Members who have been involved, including my hon. Friend the Member for Warrington North (Helen Jones) and especially my right hon. Friend the Member for Delyn (Mr Hanson), who has worked tirelessly in responding to the Government’s proposals at the various stages.
The Immigration Bill has been a complete car crash for the Home Secretary. She and the Prime Minister launched it as their flagship Bill. It was the pride and joy of their legislative programme, and yet they have been hiding it away for months. It has been nowhere to be seen. They would not bring it back because they were so scared of their own Back Benchers.
Pete Wishart: Will the right hon. Lady give way?
Yvette Cooper: I am going to make some progress, because time is very tight.
The Home Secretary has become terrified of her own legislation. Even though Parliament has had hardly any business, she has kept the Bill away from the House and has then tried to rush it through in four hours today. We have had just four hours to debate a series of important amendments. On our proposals to tackle the impact of immigration on jobs and growth, and to take stronger action on the minimum wage and agencies that exploit immigration, there has been no debate today. On the proposals of Tory Back Benchers on Bulgaria and Romania, there has been no debate today. On the workability of the housing proposals, there has been no debate today. On the fairness of the appeal proposals, there has been no debate today. A series of amendments has been tabled by Members from all parts of the House, but none of them has been debated today.
What have we had instead? The Home Secretary pulled out of her hat, at the last minute, a new power on citizenship, with no consultation and no scrutiny, in a desperate attempt to distract her own party, but it failed. She then stood up for an hour and a half—I have to admire her resilience—to kill time, without even knowing what her position was on the key new clause, which was tabled by the hon. Member for Esher and Walton (Mr Raab).
Mrs May: As the right hon. Lady was not here for the whole debate on Report, perhaps I should enlighten her on what happened. Yes, I did speak for an hour and a half, but I took a large number of interventions, including many from Labour Members.
30 Jan 2014 : Column 1127
Yvette Cooper: The right hon. Lady did indeed take a considerable number of interventions. However, she informed my office yesterday that she would not be responding on Report, but only on Third Reading. She decided at the last minute that she would come to the House to respond to the amendments.
I have a lot of sympathy with the hon. Member for Esher and Walton, who tabled his new clause today. He is right to say that the Government are not doing enough to deport foreign criminals: the number being deported has dropped by 13% during the past three years. The Home Secretary should be doing more, and we think that there are more things the Government could do that would be legal and workable. That is the key. The problem today is that the Home Secretary and Downing street have told us themselves that the hon. Gentleman’s new clause is illegal and could make it harder to deport foreign criminals, not easier.
The Home Secretary told the House that she disagreed with the hon. Gentleman’s new clause, so how on earth could she simply sit on her hands and not take a view on it when it came to the vote? How on earth could she tell the Prime Minister:
“I propose that the Government does not support this amendment because it would be incompatible with the ECHR and counter-productive”,
and then—as Home Secretary, responsible for upholding law and order in Britain—just sit there, scared of her own Back Benchers, and fail to vote against it? There is no precedent for Ministers simply abstaining in this way. This is not a free vote, in which Members are able to make their own decision. The Government simply thought that they would not take a view on the new clause, despite the Home Secretary having told the House that she was opposed to it.
The Home Secretary has lost control of her own policy. She told the Prime Minister last year that the hon. Member for Esher and Walton’s proposal would
“significantly undermine our ability to deport foreign criminals.”
She also told him that, under the provision, she would be unable to deport 4,000 criminals a year and would have to release “significant numbers” on bail while she went through the necessary legal proceedings, yet she was too scared to vote against it. We know that she opposed the new clause. If she had supported it, she could have voted for it and got it through, but she did not do so. She sat on her hands because she was scared.
What kind of Home Secretary is that? What kind of Government is this? The Home Secretary needs to get her act together.
The Bill will not sort out Britain’s immigration problems. There are some sensible measures in it, but there is an awful lot missing. Maybe the Home Secretary can get it sorted out in the Lords, but she should start acting in the interests of this country, rather than simply in the interests of the Conservative party, which has scared her away from making the right decision today.
4.52 pm
Nicholas Soames: I think that that was the worst Third Reading speech I have ever heard from a shadow Home Secretary. To describe my right hon. Friend the Home Secretary as being afraid was truly incredible.
I should like to start by putting the Bill in its proper context. Under the last Government, the level of migration was unprecedented and hugely unpopular with the public,
30 Jan 2014 : Column 1128
and it has led to an unacceptably rapidly growing population. This Government have carried out sensible reforms for work, study and family migration in the face of fierce lobbying from vested interests, and they have done that with the wholehearted support of the Conservative party and the coalition. On that they should be congratulated. The Immigration Bill builds on that good work. Whatever the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper) says, there is no doubt that it represents a big step forward and deals with major issues.
Any well-functioning immigration system needs to tackle illegal immigration. Given the nature of the system, however, we simply do not know how many illegal immigrants are here. Let me give the House an example. We issue more than 1.5 million visit visas each year, but we do not know how many of those people leave at the end of their visit. If just 1% overstay, that will mean that an additional 15,000 people remain here illegally every year.
With respect to accessing public services, the outstanding business of the first importance relates to controlling access to the national health service. Although the Bill is important and achieves a great deal, there remains the first-order business of dealing with that access. I would be pleased if the Government were to have another look at the question of whether people should gain access to the NHS only on production of an identity card to show that they were entitled to use the services. Having said that, the Bill represents a welcome step and it will go a long way towards building a robust immigration system. I commend it to the House.
4.54 pm
Mrs Mary Glindon (North Tyneside) (Lab): I want to address an issue that has not been covered today—I had hoped to address it when we discussed the new clauses tabled by my party. It is the issue of migrant workers who are legitimately in this country. A number of them were discovered at the former Swan Hunter site at Wallsend. They were living there in unsafe conditions. I pursued the issue and discovered that a local engineering company had hired them through an employment agency in Romania. It was a legitimate situation, because, under the law, temporary workers are allowed to work for a number of months in this country. However, what I did unearth, via the UK Border Agency, was that some of those workers were on permanent contracts.
I inquired at the jobcentre whether the jobs, which the company maintained they could not fill with local workers, could have been taken by welders. Everyone knows that the north-east, especially an area such as mine, is awash with people who have welding skills and who were employed in the former heavy industries. The jobcentre confirmed that there were in fact more than enough unemployed workers who could take the jobs. Not only were these east European workers living in unsafe conditions, but they were probably being paid less than the minimum wage and the going rate for that job.
Subsequently, the building in which the workers were living was brought up to scratch. After speaking to the employment agency in Romania about the workers on permanent contracts who should not have been here, the UK Border Agency allowed it to change the contracts
30 Jan 2014 : Column 1129
to temporary contracts. Although people in Wallsend felt sorry for those workers who were living in such bad conditions, they were upset that they were coming over and being paid less for the work than skilled people in the area. I am sorry that we were not able to discuss those issues further or the new clauses proposed by those on the Labour Front Bench.
4.57 pm
Dr Huppert: It has been an unusual debate. I am pleased that we have avoided too many of the more worrying amendments that might have crept in. We have managed not to have proposals that would contravene the European convention on human rights. I was disappointed that Conservative Ministers were not prepared to back their own Government legislation and the convention. I am proud that the Liberal Democrats stood up for Government policy in this area.
We did have a debate about citizenship deprivation. It is a great shame that the shadow Home Secretary and the vast majority of her colleagues simply sat on their hands on this important issue. I pay tribute to those Labour Members who rebelled with many of us to oppose that.
It is a shame that we did not have chance to discuss many other amendments. I wanted to explore further issues to do with students, the NHS charges and asylum support and helping some of the most destitute in our country. It is a great shame that we did not manage to get there.
I do not think that this Bill is the important thing about immigration. There is the rhetoric. The way that both the Conservatives and Labour seem to be following the UK Independence party drive is incredibly damaging in this country. We see that too much. That is not what we should have: we should be proud of the benefits of immigration. The important point is the Home Office and the Border Agency, as was, and their competence in making decisions promptly and correctly. The Minister has done some very good work on that but until it is sorted the public will not have the assurance they need. We need our exit checks and we need decisions to be made promptly and fairly so that everybody knows where they are.
4.58 pm
Jeremy Corbyn: I will vote against the Bill on Third Reading for a large number of reasons. We have ordained that the Home Secretary will have executive power to take away citizenship in the future and to create a generation of stateless people. The handing over of that power is, I think, a very dangerous thing for any Parliament to do.
We have a number of other serious concerns about the Bill, such as those covered in the points raised by my hon. Friend the Member for Hayes and Harlington (John McDonnell) about the forced removal of people; the death of Jimmy Mubenga, which was mentioned by the hon. Member for Brent Central (Sarah Teather); the use of the detention system; the denial of health care access; the problems of forcing landlords to become agents of the Home Office; and the reality of life for those people who have legitimately sought asylum in
30 Jan 2014 : Column 1130
Britain and are starving on the streets of our cities because we do not have a system in place to give them proper support. The Bill does not answer any of those problems. It is based on prejudice and headline chasing and has nothing to do with the real needs of people who are desperately seeking support, help and assistance rather than the cold behaviour shown by the Government today.
4.59 pm
Priti Patel (Witham) (Con): I pay tribute to the Home Secretary and my hon. Friend the Minister for Immigration for introducing the Bill and introducing important and positive measures to—
5 pm
Debate interrupted (Programme Order, 22 October).
The Deputy Speaker put forthwith the Question already proposed from the Chair (Standing Order No. 83E), That the Bill be now read the Third time.
The House divided:
Ayes 295, Noes 16.
Division No. 201]
[
5 pm
AYES
Adams, Nigel
Afriyie, Adam
Aldous, Peter
Amess, Mr David
Arbuthnot, rh Mr James
Bacon, Mr Richard
Baker, Norman
Baker, Steve
Baldry, rh Sir Tony
Baldwin, Harriett
Barclay, Stephen
Barker, rh Gregory
Baron, Mr John
Bebb, Guto
Bellingham, Mr Henry
Benyon, Richard
Beresford, Sir Paul
Berry, Jake
Bingham, Andrew
Birtwistle, Gordon
Blackman, Bob
Boles, Nick
Bone, Mr Peter
Bottomley, Sir Peter
Bradley, Karen
Brady, Mr Graham
Brake, rh Tom
Bray, Angie
Brazier, Mr Julian
Bridgen, Andrew
Brine, Steve
Brokenshire, James
Brooke, Annette
Browne, Mr Jeremy
Bruce, Fiona
Bruce, rh Sir Malcolm
Buckland, Mr Robert
Burley, Mr Aidan
Burns, rh Mr Simon
Burrowes, Mr David
Burstow, rh Paul
Burt, rh Alistair
Burt, Lorely
Byles, Dan
Cable, rh Vince
Cairns, Alun
Cameron, rh Mr David
Campbell, rh Sir Menzies
Carmichael, Neil
Cash, Mr William
Chishti, Rehman
Clifton-Brown, Geoffrey
Coffey, Dr Thérèse
Collins, Damian
Colvile, Oliver
Cox, Mr Geoffrey
Crabb, Stephen
Crockart, Mike
Crouch, Tracey
Davey, rh Mr Edward
Davies, David T. C.
(Monmouth)
Davies, Glyn
Davies, Philip
de Bois, Nick
Dinenage, Caroline
Djanogly, Mr Jonathan
Dorrell, rh Mr Stephen
Dorries, Nadine
Doyle-Price, Jackie
Drax, Richard
Duddridge, James
Duncan, rh Mr Alan
Duncan Smith, rh Mr Iain
Dunne, Mr Philip
Ellis, Michael
Ellison, Jane
Ellwood, Mr Tobias
Elphicke, Charlie
Eustice, George
Evans, Graham
Evans, Jonathan
Evennett, Mr David
Fabricant, Michael
Fallon, rh Michael
Farron, Tim
Foster, rh Mr Don
Fox, rh Dr Liam
Francois, rh Mr Mark
Freeman, George
Freer, Mike
Fullbrook, Lorraine
Fuller, Richard
Garnier, Mark
Gauke, Mr David
George, Andrew
Gibb, Mr Nick
Gillan, rh Mrs Cheryl
Glen, John
Goldsmith, Zac
Goodwill, Mr Robert
Gove, rh Michael
Graham, Richard
Grant, Mrs Helen
Gray, Mr James
Grayling, rh Chris
Green, rh Damian
Greening, rh Justine
Grieve, rh Mr Dominic
Griffiths, Andrew
Gyimah, Mr Sam
Halfon, Robert
Hames, Duncan
Hammond, rh Mr Philip
Hammond, Stephen
Hancock, Matthew
Hands, Greg
Harper, Mr Mark
Harrington, Richard
Harris, Rebecca
Harvey, Sir Nick
Haselhurst, rh Sir Alan
Hayes, rh Mr John
Heald, Oliver
Heath, Mr David
Hemming, John
Henderson, Gordon
Hendry, Charles
Herbert, rh Nick
Hinds, Damian
Hoban, Mr Mark
Hollingbery, George
Hollobone, Mr Philip
Hopkins, Kris
Horwood, Martin
Howarth, Sir Gerald
Howell, John
Hughes, rh Simon
Hunt, rh Mr Jeremy
Huppert, Dr Julian
Hurd, Mr Nick
Jackson, Mr Stewart
James, Margot
Javid, Sajid
Johnson, Gareth
Johnson, Joseph
Jones, Andrew
Jones, rh Mr David
Jones, Mr Marcus
Kawczynski, Daniel
Kelly, Chris
Kirby, Simon
Knight, rh Sir Greg
Kwarteng, Kwasi
Lamb, Norman
Lancaster, Mark
Lansley, rh Mr Andrew
Latham, Pauline
Laws, rh Mr David
Leadsom, Andrea
Lee, Jessica
Lee, Dr Phillip
Leslie, Charlotte
Letwin, rh Mr Oliver
Lewis, Brandon
Lewis, Dr Julian
Lidington, rh Mr David
Lilley, rh Mr Peter
Lloyd, Stephen
Lord, Jonathan
Luff, Sir Peter
Lumley, Karen
Macleod, Mary
Main, Mrs Anne
Maude, rh Mr Francis
May, rh Mrs Theresa
Maynard, Paul
McCartney, Jason
McIntosh, Miss Anne
McLoughlin, rh Mr Patrick
McPartland, Stephen
Menzies, Mark
Metcalfe, Stephen
Miller, rh Maria
Milton, Anne
Moore, rh Michael
Mordaunt, Penny
Morgan, Nicky
Morris, Anne Marie
Morris, David
Morris, James
Mosley, Stephen
Mowat, David
Mundell, rh David
Munt, Tessa
Murray, Sheryll
Murrison, Dr Andrew
Newmark, Mr Brooks
Newton, Sarah
Nokes, Caroline
Norman, Jesse
Nuttall, Mr David
O'Brien, rh Mr Stephen
Offord, Dr Matthew
Opperman, Guy
Ottaway, rh Sir Richard
Paisley, Ian
Parish, Neil
Patel, Priti
Paterson, rh Mr Owen
Pawsey, Mark
Penning, Mike
Penrose, John
Percy, Andrew
Perry, Claire
Phillips, Stephen
Pickles, rh Mr Eric
Pincher, Christopher
Poulter, Dr Daniel
Prisk, Mr Mark
Pritchard, Mark
Pugh, John
Raab, Mr Dominic
Randall, rh Sir John
Reckless, Mark
Redwood, rh Mr John
Rees-Mogg, Jacob
Reid, Mr Alan
Robathan, rh Mr Andrew
Robertson, rh Hugh
Robertson, Mr Laurence
Rogerson, Dan
Rosindell, Andrew
Rudd, Amber
Ruffley, Mr David
Russell, Sir Bob
Rutley, David
Sanders, Mr Adrian
Sandys, Laura
Scott, Mr Lee
Selous, Andrew
Shapps, rh Grant
Sharma, Alok
Shelbrooke, Alec
Simpson, Mr Keith
Skidmore, Chris
Smith, Chloe
Smith, Henry
Smith, Julian
Smith, Sir Robert
Soames, rh Nicholas
Soubry, Anna
Spelman, rh Mrs Caroline
Spencer, Mr Mark
Stanley, rh Sir John
Stephenson, Andrew
Stewart, Bob
Stewart, Iain
Stewart, Rory
Stride, Mel
Stuart, Mr Graham
Sturdy, Julian
Swayne, rh Mr Desmond
Syms, Mr Robert
Thurso, John
Timpson, Mr Edward
Tomlinson, Justin
Truss, Elizabeth
Turner, Mr Andrew
Tyrie, Mr Andrew
Uppal, Paul
Vaizey, Mr Edward
Vara, Mr Shailesh
Vickers, Martin
Villiers, rh Mrs Theresa
Walker, Mr Robin
Wallace, Mr Ben
Watkinson, Dame Angela
Weatherley, Mike
Webb, Steve
Wharton, James
Wheeler, Heather
White, Chris
Whittaker, Craig
Whittingdale, Mr John
Wiggin, Bill
Willetts, rh Mr David
Williams, Mr Mark
Williamson, Gavin
Willott, Jenny
Wilson, Mr Rob
Wright, Jeremy
Wright, Simon
Yeo, Mr Tim
Young, rh Sir George
Zahawi, Nadhim
Tellers for the Ayes:
Mark Hunter
and
Gavin Barwell
NOES
Abbott, Ms Diane
Edwards, Jonathan
Lazarowicz, Mark
Leech, Mr John
Llwyd, rh Mr Elfyn
Lucas, Caroline
MacNeil, Mr Angus Brendan
Mactaggart, Fiona
McDonnell, John
Robertson, Angus
Skinner, Mr Dennis
Teather, Sarah
Ward, Mr David
Weir, Mr Mike
Whiteford, Dr Eilidh
Wishart, Pete
Tellers for the Noes:
Jeremy Corbyn
and
Hywel Williams
Question accordingly agreed to.
30 Jan 2014 : Column 1131
30 Jan 2014 : Column 1132
Bill read the Third time and passed.
Business without Debate
Delegated Legislation
Motion made, and Question put forthwith (Standing Order No. 118(6)),
Rating and Valuation
That the Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2014 (S.I., 2014, No. 2), dated 6 January 2014, a copy of which was laid before this House on 7 January, be approved.—(Mr Swayne.)
30 Jan 2014 : Column 1133
Funeral Expenses (Prisoners)
Motion made, and Question proposed, That this House do now adjourn.—(Mr Swayne.)
5.11 pm
Tom Greatrex (Rutherglen and Hamilton West) (Lab/Co-op): I do not intend to detain the House for long, but I am pleased to have the opportunity to raise an important and sensitive issue of which I have become aware due to a case in my constituency. In dealing with that case, it appears that I have stumbled on a gap, at the very least, in how prisoners who are transferred from England to Scotland are treated with regard to funeral expenses. The process of trying to secure answers from the Scottish and English authorities has been less than satisfactory. I understand that the Minister’s responsibilities cover the English authorities, not the Scottish authorities, so I do not expect him to respond on behalf of the Scottish authorities, but I hope that he can clarify some issues that are relevant to the English authorities, which was why I ensured that his private office was given a précis of the case before the debate.
Before I outline the case, it is important that I point out that my concern is for my constituent, who is a cousin of the deceased prisoner. I make no judgment or comment about the prisoner’s offence or sentence because they are immaterial to the points that I shall raise.
My constituent, Mrs Margaret Coyle, had a cousin, James Campbell, who was convicted and given a custodial sentence for an offence committed in England. He began his sentence in an English prison. Part of the way through his sentence, his elderly mother was close to death, and following contact by my constituent, a restricted transfer was arranged whereby the remainder of his sentence could be served in a Scottish prison—first in Kilmarnock prison and later in Greenock prison. The process was instigated by my constituent out of compassion for her cousin’s elderly mother and a desire that they should be in contact before the end of her life. Because my constituent was dealing with the process, she became her cousin’s next of kin.
Later, towards the end of his sentence, my constituent’s cousin developed cancer and became seriously ill. At the point my constituent contacted the Scottish Prison Service to seek guidance on whether her cousin could secure compassionate release. She was informed that although he was serving his sentence in Scotland, because he was on a restricted transfer he was effectively an English prisoner and the matter should therefore be taken up with the English authorities. She understood that and accepted it.
My constituent’s cousin died while still serving his sentence. He had been provided with a handbook by the English Prison Service. Its section on funeral arrangements makes it clear that:
“Prisons must offer to pay a contribution towards reasonable funeral expenses of up to £3,000. The only exceptions where the family has a pre-paid funeral plan or is entitled to claim a grant from other government departments”.
My constituent had discussed the matter with her cousin prior to his death. It meant, they thought, she would be entitled to call upon that support because he was an English prisoner. She was well aware that she would be unable to afford the funeral expense and knew that her cousin was sadly likely to die before the end of his
30 Jan 2014 : Column 1134
sentence. She was also advised by a social worker she had been engaging with that she would not have to bear the funeral costs. That is the basis on which she proceeded.
After my constituent’s cousin died and she had arranged the funeral, she contacted the Scottish Prison Service and was told that it was a matter for the English Prison Service. She contacted the English Prison Service but was told that it was a matter for the Scottish Prison Service. At that point, just before the end of last year, I became involved. As I am sure the Minister can appreciate, those are sad circumstances, but there is also a degree of confusion in the case. I sought, on behalf of my constituent, to get some clarity on the matter. It was for that reason that I eventually sought this debate.
When I contacted the Scottish Ministers responsible for the Scottish Prison Service in early December, I was told that they would pass the matter on to the Scottish Prison Service and provide me with a response, for which I was still waiting. However, they told my office by phone that it was indeed a matter for the English Prison Service because of the prisoner transfer. At that point I raised the matter in the House during business questions. I also corresponded with the Ministry of Justice, but my correspondence was automatically passed on to the Scottish authorities without my having received a response. My sense is that this is being passed backwards and forwards between authorities, which means I am unable to get a clear answer on where responsibility for the situation properly lies. It is for that reason that I sought this debate. I hope that the Minister will be able to provide some clarity.
I would like to make two further points. First, the way in which my constituent and I have been advised and passed between authorities in these circumstances is unacceptable. I realise that the matter is not completely the responsibility of the Minister and his Department—it also involves the Scottish authorities—but something should be done to ensure that in future similar cases are dealt with more appropriately and sensitively.
Secondly, because my constituent was provided with advice and worked on that basis, she has now been left responsible for a bill for funeral expenses of about £2,000, which she cannot afford. The Government should therefore show sensitivity and deal with this matter by using their discretion to ensure that she is not left in her current situation. She is unable to pay a bill because of the conflicting advice that she was given in good faith, after she sought to support a dying relative and showed her personal compassion by getting involved after the prisoner’s mother became seriously ill.
My first concern is that the appropriate authorities have not dealt with the case well, and my second is for my constituent who, in relation to her income and resources, faces a severe financial problem in dealing with the costs. Different conditions appear to apply in English as opposed to Scottish prisons, but with the transfer of my constituent’s relative between them, it almost feels as though he was an English prisoner while he lived but became a Scottish one when he died. Passing such cases backwards and forwards between authorities is not acceptable or appropriate. I hope that the Minister will clarify the situation and provide some comfort to my constituent, who faces not only the trauma that comes with the loss of a relative, whatever the circumstances and background, but a severe financial penalty as a result.
30 Jan 2014 : Column 1135
5.21 pm
The Parliamentary Under-Secretary of State for Justice (Jeremy Wright): I congratulate the hon. Member for Rutherglen and Hamilton West (Tom Greatrex) on securing this debate, and I thank him for giving my officials notice of the details of the case.
I first want to acknowledge that the death of a relative in prison must be devastating for the families and friends of the deceased. Their loss must of course be harder to bear given where the death occurred. I particularly offer my regret to the hon. Gentleman and to his constituent for any additional distress caused in relation to the provision of financial assistance to help to meet the funeral costs.
The hon. Gentleman quite properly asks me to clarify the position. Let me try to do so by setting out the position in relation to funeral expenses as they apply in England and Wales and, as far as I can, in Scotland. I also want to take this opportunity to express regret for the way in which the case appears to have been handled. It is unfortunate that his constituent has not been given clear information, so let me try to set that right by giving it now.
The hon. Gentleman will be aware that although convicted and sentenced in England, Mr Campbell had transferred to a prison in Scotland, and it was there that he died. He will know that prisons in Scotland are a matter for the Scottish Government, and I am not therefore able to comment in detail on the support available to families in Scotland, which is a matter for the Scottish Justice Minister.
The hon. Gentleman will know that if a prisoner dies in custody in England or Wales, the governor or director of the prison in which the death occurs can offer a financial contribution to cover reasonable funeral expenses. It is reasonable and decent to do so in those circumstances, but the offer is not unlimited. A financial contribution will be offered only if the deceased prisoner did not have a pre-paid funeral plan. Families may also be entitled to claim a grant from another Department, such as the Department for Work and Pensions, or from a local authority. An offer of a contribution of up to £3,000 may be made to the family, and if they accept it, the money is paid directly to the funeral director they appoint and may be used to pay for any funeral director’s fees, a hearse, a simple coffin, and cremation or burial fees. It cannot to be used to pay for items such as a headstone, transportation for mourners or a wake.
As I have said, Mr Campbell died in a Scottish prison, as the hon. Gentleman knows. Although Mr Campbell was convicted and sentenced in England and Wales, he had elected to transfer to Scotland to be close to his family and friends there, and he had been in a Scottish prison since 2002. I understand that the nature of his transfer may have caused confusion about who was responsible for assisting the family with the funeral expenses.
There should not have been any confusion in this case; that there was is a matter of regret. As the deceased died in the custody of the Scottish Prison Service, the Scottish arrangements apply. I understand that the Scottish
30 Jan 2014 : Column 1136
Prison Service does not make discretionary payments towards funeral expenses. That, of course, is a matter for the service, and the hon. Gentleman might wish to take it up with the Scottish Justice Minister. However, I understand that the deceased’s family may be able to make an application in Scotland to the social fund for help with funeral expenses. As the Minister responsible for prisons in England and Wales, I cannot comment further on those arrangements or on whether a payment would or could be made to his constituents.
The hon. Gentleman rightly indicated that Mr Campbell was convicted and sentenced in England and Wales and then transferred to Scotland on a restricted basis. It may help if I explain what that means in practice. The transfer of prisoners between United Kingdom jurisdictions is governed by schedule 1 to the Crime (Sentences) Act 1997, which was intended to enable prisoners sentenced in one UK jurisdiction to transfer to another to serve their sentence close to their family and in the community into which they will be released.
The Act provides for transfer on either an unrestricted or a restricted basis. When a prisoner is transferred on a restricted basis, as in Mr Campbell’s case, responsibility for their release, supervision and recall remains the responsibility of the sentencing jurisdiction. However, for all other purposes the prisoner is subject to the rules and regulations governing prisons and prisoners in the receiving jurisdiction. That position was confirmed on 28 October 1997 when the then Home Secretary, the right hon. Member for Blackburn (Mr Straw), set out in a written answer to a question from the right hon. Member for Salford and Eccles (Hazel Blears) how the new transfer arrangements would work. He said:
“A prisoner granted a restricted transfer will automatically remain, for the duration of his or her transfer, subject to the law governing release on licence, automatic release, post-release supervision and recall applicable in the sending jurisdiction…A prisoner transferred on a restricted basis will normally become subject for all purposes, other than those specified in any conditions attached to the transfer, to the statutory and other provisions applying to prisoners in the receiving jurisdiction.”—[Official Report, 28 October 1997; Vol. 299, c. 777.]
Although Mr Campbell’s release arrangements remained subject to English law, he was for all other purposes a Scottish prisoner. As such, any support to the deceased’s family, financial or otherwise, is a matter for the Scottish authorities. I hope that the hon. Gentleman will accept that and recognise that I am not trying to pass the buck. I understand that he has received differing advice on the issue from officials in England and Wales and in Scotland, but I can confirm that the position that I have described is accepted by both Prison Services.
I am satisfied that the family of the deceased in this case do not qualify for financial assistance under the rules applicable in England and Wales. I know that the hon. Gentleman will wish to take the matter up with the Scottish authorities and discuss it directly with them.