Immigration Bill

second
marshalled
list of Amendments
to be moved
on report

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

Clauses 37 to 43
Schedule 6
Clauses 44 to 52
Schedule 7
Clause 53
Schedule 8
Clauses 54 to 57
Schedule 9
Clauses 58 to 62
Schedule 10
Clause 63
Schedule 11
Clauses 64 to 69
Schedule 12
Clause 70
Schedule 13
Clauses 71 to 84
Schedule 14
Clauses 85 to 90
Title

[Amendments marked * are new or have been altered]

Clause 37

BARONESS HAMWEE

LORD PADDICK

59

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

60

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

61

Page 23, line 22, at end insert—

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

LORD BATES

62

Page 23, line 35, at end insert—

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

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

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

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

[Amendment 63 is an amendment to Amendment 62]

63

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

LORD BATES

64

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

LORD HOWARD OF RISING

65

Page 23, line 37, at end insert—

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

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

66

Page 26, line 2, at end insert—

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

67

Page 26, line 2, at end insert—

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

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

(a)   discrimination,

(b)   the lettings market,

(c)   the wider community, and

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

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

Clause 38

BARONESS HAMWEE

LORD PADDICK

67A*

Page 26, line 15, after “or” insert “, if there is more than one, all the”

67B*

Page 26, line 34, leave out “High” and insert “county”

Clause 39

BARONESS HAMWEE

LORD PADDICK

68

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

69

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

BARONESS HAMWEE

70

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

71

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

Clause 40

LORD BATES

72

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

LORD HOPE OF CRAIGHEAD

73

Page 31, line 20, at end insert—

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

LORD WIGLEY

73A

Page 31, line 20, at end insert—

“( )     Regulations under subsections (1) and (2) which apply to Wales may only
be made with the consent of the National Assembly for Wales.”

Clause 41

LORD PADDICK

BARONESS SHEEHAN

BARONESS LAWRENCE OF CLARENDON

74

Leave out Clause 41

Clause 42

LORD BATES

75

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

76

Page 35, line 5, at end insert “, and

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

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

77

Page 35, line 5, at end insert—

“( )     A person does not commit an offence under subsection (1) if, at the
time of driving a motor vehicle, he or she had a reasonable belief
that he or she had a legal right to remain in the United Kingdom
and acted in good faith.”

LORD PADDICK

BARONESS SHEEHAN

BARONESS LAWRENCE OF CLARENDON

78

Leave out Clause 42

After Clause 43

BARONESS DOOCEY

LORD ALTON OF LIVERPOOL

BARONESS LISTER OF BURTERSETT

79

Insert the following new Clause—

“Ability to pay the immigration health surcharge incrementally

In section 38 of the Immigration Act 2014 (immigration health charge), in
subsection (3)(c), after “State” insert “, including allowing the surcharge to
be paid in multiple payments”.”

80

Insert the following new Clause—

“Exemptions from the immigration health surcharge

In section 38 of the Immigration Act 2014 (immigration health charge), after
subsection (3) insert—

“(3A)    In providing for exemptions from the charge under subsection
(3)(e), the Secretary of State must provide for exemptions for—

(a)   any individual under 18 years of age; and

(b)   any individual who has been a victim of domestic
violence.””

BARONESS KENNEDY OF THE SHAWS

LORD ROBERTS OF LLANDUDNO

81

Insert the following new Clause—

“Access to higher education for young people leaving care who have leave to
enter or remain

(1)     The Secretary of State for Business, Innovation and Skills shall make
regulations identifying as eligible for student support a person who—

(a)   has leave to enter or remain;

(b)   is a person to whom a duty is owed by a local authority under
section 20, 21, 22, 23A, 23C, 23CA, 24A or 24B of the Children Act
1989;

(c)   is ordinarily resident in the UK and has not ceased to be so resident
since the person was granted leave to enter or remain; and

(d)   is ordinarily resident in the UK on the first day of the first academic
year of the course.

(2)     The Secretary of State for Education and Skills shall make regulations
providing that tuition fees may not be charged at a higher rate for a person
who—

(a)   has leave to enter or remain in the UK;

(b)   is an asylum seeker; or

(c)   has made an application for leave to enter or remain in the UK
which has not been finally determined;

and to whom a duty is owed by a local authority under section 20, 21, 22,
23A, 23C, 23CA, 24A or 24B of the Children Act 1989.

(3)     For the purposes of this section, a duty owed to a person by a local
authority shall be interpreted as if Schedule 3 to the Nationality,
Immigration and Asylum Act 2002 (withholding and withdrawal of
support) did not apply.

(4)     “Student support” means financial support by way of grant or loan made
by the Secretary of State pursuant to regulations under section 22 of the
Teaching and Higher Education Act 1998 (new arrangements for giving
financial support to students).

(5)     “Tuition fees” means fees payable for a course of a description mentioned
in Schedule 6 to the Education Reform Act 1988 (courses of higher
education).”

Clause 49

LORD BATES

82

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

83

Page 46, line 7, after “Act,” insert—

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

After Clause 55

LORD RAMSBOTHAM

LORD ROSSER

BARONESS HAMWEE

LORD ROBERTS OF LLANDUDNO

84

Insert the following new Clause—

“Immigration detention: time limit and judicial oversight

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

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

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

(2)     The First-tier Tribunal may—

(a)   extend a period of detention; or

(b)   further extend a period of detention,

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

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

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

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

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

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

(6)     In this section—

“First-tier Tribunal” means—

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

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

“relevant powers” means powers to detain pursuant to—

(a)   paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration
Act 1971,

(b)   paragraph 2(1), (2) or (3) of Schedule 3 to that Act,

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

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

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

LORD RAMSBOTHAM

BARONESS HAMWEE

LORD ROBERTS OF LLANDUDNO

85

Insert the following new Clause—

“Immigration detention: vulnerable persons

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

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

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

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

(5)     For the purpose of this section—

“vulnerable persons” are persons who are—

(a)   under the age of 18;

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

(c)   pregnant;

(d)   suffering from a serious medical condition;

(e)   suffering from serious mental illness;

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

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

(h)   suffering from post-traumatic stress disorder;

(i)   reasonably considered to have been trafficked;

(j)   reasonably considered to have been tortured;

(k)   transsexual; or

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

“First-tier Tribunal” means—

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

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

“relevant powers” means powers to detain pursuant to—

(a)   paragraph 16(1), (1A) or (2) of Schedule 2 to the Immigration
Act 1971,

(b)   paragraph 2(1), (2) or (3) of Schedule 3 to that Act,

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

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

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

After Clause 56

LORD BATES

86

Insert the following new Clause—

“Guidance on detention of vulnerable persons

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

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

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

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

(a)   the Immigration Act 1971,

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

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

and “detention” is to be construed accordingly.

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

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

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

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

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

Schedule 9

87

[Withdrawn]

LORD BATES

88

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

89

Page 148, line 35, at end insert—

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

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

89A*

Page 148, line 35, at end insert—

  ( )     An electronic monitoring condition shall, subject to this Schedule, be
imposed save in exceptional circumstances.

( )     For the purposes of this paragraph, “exceptional circumstances”
includes the monitoring being in breach of the person’s Convention
rights.”

LORD BATES

90

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

91

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

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

(a)   impractical, or

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

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

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

(a)   impractical, or

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

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

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

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

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

[Amendments 91A and 91B are amendments to Amendment 91]

91A*

In subsection (2E)(a), after “any” insert “insurmountable practical”

91B*

In subsection (2E), leave out paragraph (d)

LORD BATES

92

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

93

Page 151, line 38, at end insert—

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

94

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

95

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

96

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

97

Page 152, line 11, at end insert—

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

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

(a)   is on immigration bail—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

98

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

99

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

100

Page 152, leave out lines 16 and 17

101

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

102

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

103

Page 153, line 45, at end insert—

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

104

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

105

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

106

Page 154, line 46, at end insert—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

[Amendment 106A is an amendment to Amendment 106]

106A*

In subsection (2A), leave out the words after the end of paragraph (b)

LORD BATES

107

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

108

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

109

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

110

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

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

111

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

112

Page 158, line 17, at end insert—

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

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

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

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

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

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

After Clause 58

LORD ROBERTS OF LLANDUDNO

LORD GREAVES

113

Insert the following new Clause—

“Exemption from deportation

Exemption from deportation for unaccompanied minors upon reaching the age
of 18

After section 7(3) of the Immigration Act 1971 (exemption from deportation
for certain existing residents) insert—

“(3A)    A person shall not be liable to deportation under section 3 upon
reaching the age of 18 if the person entered the United Kingdom
under the age of 18 as an unaccompanied minor.””

Clause 59

BARONESS HAMWEE

LORD PADDICK

113A*

Page 54, line 29, leave out “(5)” and insert “(5A)”

113B*

Page 54, line 32, at end insert—

“( )     After subsection (1) insert—

“(1A)    This section does not apply where—

(a)   P is under 18 years of age;

(b)   P is under 21 or is over 21 but is following a programme of
education or training set out in his or her pathway plan
and—

(i)   has been a “relevant child” for the purposes of
section 23A of the Children Act 1989 (advice and
assistance for certain children and young persons);

(ii)   has been an “eligible child” for the purposes of
paragraph 19B of Schedule 2 to the Children Act
1989 (preparation for ceasing to be looked after); or

(iii)   is “a person qualifying for advice and assistance”
within the meaning of section 24(1) of the Children
Act 1989 (person qualifying for advice and
assistance);

(c)   P has a mental disorder or learning disability within the
meaning of section 1 of the Mental Health Act 1983
(application of Act);

(d)   there has been a conclusive determination that the
individual is a victim of trafficking within the meaning of
the Council of Europe Convention on Action against
Trafficking in Human Beings, or of slavery, servitude or
forced or compulsory labour with the meaning of Article 4
of the European Convention on Human Rights;

(e)   there are reasonable grounds to believe that the individual
is such a victim and there has not been a conclusive
determination that the individual is not such a victim;

(f)   a decision on whether the person is such a victim is pending;

(g)   the individual has (or last had) leave to enter or remain in
the United Kingdom as—

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

(ii)   a private servant in a diplomatic household; or

(h)   the application that is the subject of the appeal is based in
whole or in part upon the applicant’s claim to be a victim of
domestic violence, where “domestic violence” means any
incident of threatening behaviour, violence or abuse
(whether psychological, physical, sexual, financial or
emotional) between individuals who are associated with
each other within the meaning of section 62 of the Family
Law Act 1996 (meaning of “cohabitants”, “relevant child”
and “associated persons”).””

THE LORD BISHOP OF NORWICH

LORD RAMSBOTHAM

LORD ROBERTS OF LLANDUDNO

BARONESS HAMWEE

114

Page 54, line 38, at end insert—

“( )     After subsection (3) insert—

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

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

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

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

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

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

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

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

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

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

BARONESS HAMWEE

LORD PADDICK

114A*

Page 54, line 38, at end insert—

“(5A)    After subsection (3) insert—

“(4)     If P’s appeal succeeds and no further appeal is pending or can be
brought, P shall be returned to the United Kingdom within 28 days
at the expense of the Secretary of State.””

Before Clause 62

LORD DUBS

LORD ALTON OF LIVERPOOL

LORD ROBERTS OF LLANDUDNO

BARONESS SHEEHAN

115

Insert the following new Clause—

“Unaccompanied refugee children: relocation and support

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

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

After Clause 62

BARONESS LISTER OF BURTERSETT

LORD ALTON OF LIVERPOOL

THE LORD BISHOP OF NORWICH

BARONESS HAMWEE

116

Insert the following new Clause—

“Asylum support move-on period

Persons in receipt of asylum support shall cease to receive such support 40
days after receiving a biometric residence permit following the granting
of—

(a)   refugee status;

(b)   humanitarian protection status;

(c)   discretionary leave status;

(d)   indefinite leave to remain; or

(e)   limited leave to remain for 30 months.”

Schedule 10

LORD ROBERTS OF LLANDUDNO

LORD ROSSER

BARONESS HAMWEE

117

Page 165, line 5, at end insert—

“( )     If the Secretary of State decides not to provide support to a
person, or not to continue to provide support to him or her under
this section, the person may appeal to the First-tier Tribunal.”

BARONESS HAMWEE

118

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

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

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

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

LORD BATES

119

Page 168, line 26, at end insert—

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

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

“(ca)   section 95A, or”.

(3)     After subsection (5) insert—

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

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

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

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

After Clause 63

LORD HYLTON

THE LORD BISHOP OF SOUTHWARK

BARONESS HAMWEE

120

Insert the following new Clause—

“Family reunion: persons with international protection needs

(1)     Rules made by the Secretary of State under section 3 of the Immigration Act
1971 (general provisions for regulation and control), shall, within six
months of the passing of this Act, make provision for—

(a)   British citizens and persons settled in the UK to be enabled to
sponsor their children, grandchildren, parents, grandparents,
spouses, civil or unmarried partners, or siblings, who are persons
registered with the Office of the UN High Commissioner for
Refugees or with the authorities responsible for the protection of
refugees in the State in which they are present, to come to the UK
on terms no less favourable than those under rules made under that
section which apply to family members of persons recognised as
refugees, save that it may be provided that those sponsored shall
have no recourse to public funds; and

(b)   applications for refugee family reunion from the children,
grandchildren, parents, grandparents, spouses, civil or unmarried
partners, or siblings of persons recognised as refugees or who have
been granted humanitarian protection in the United Kingdom.

(2)     An order shall be made by the Lord Chancellor under section 9(2)(a) of the
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (general
cases) in respect of family reunion for the persons described in subsection
(1) within six months of the passing of this Act.”

LORD ALTON OF LIVERPOOL

LORD FORSYTH OF DRUMLEAN

BARONESS COX

121

Insert the following new Clause—

“Conditions for grant of asylum: cases of genocide

(1)     A person seeking asylum in the United Kingdom who belongs to a
national, ethnical, racial or religious group which is, in the place from
which that person originates, subject to the conditions detailed in Article II
of the Convention on the Prevention and Punishment of the Crime of
Genocide, shall be presumed to meet the conditions for asylum in the
United Kingdom.

(2)     The adjudication of whether the group to which the person seeking asylum
belongs meets the description specified in subsection (1) shall be
determined by a Justice of the Supreme Court after consideration of the
available facts.

(3)     Applicants for asylum in the United Kingdom from groups designated
under this section may submit their applications and have them assessed at
British missions overseas.”

LORD DUBS

BARONESS HAMWEE

122

Insert the following new Clause—

“Protection of locally engaged staff

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

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

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

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

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

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

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

(4)     Such persons may be accompanied by—

(a)   their spouse or civil partner;

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

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

Schedule 11

LORD BATES

123

Page 173, line 33, at end insert—

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

THE EARL OF LISTOWEL

BARONESS LISTER OF BURTERSETT

THE LORD BISHOP OF NORWICH

BARONESS HAMWEE

123A

Page 174, line 27, leave out “conditions A and B are” and insert “condition A is”

123B

Page 174, line 29, leave out “or E” and insert “, E, F or G”

123C

Page 174, line 36, leave out from “Kingdom,” to end of line 3 on page 175 and
insert—

“(b)   the person has made an application to register as a
British citizen, or

(c)   the person makes submissions to the Secretary of State
that their removal would breach the 1951 Refugee
Convention or the Human Rights Act 1998 and those
submissions fall to be considered by the Secretary of
State under paragraph 353 of the Immigration Rules.”

123D

Page 175, line 20, at end insert—

“(7A)    Condition F is that—

(a)   the application has been refused,

(b)   the person has made an application for permission to
apply for judicial review, and

(c)   the judicial review has not been finally disposed of.

(7B)    Condition G is that—

(a)   the application has been refused, and

(b)   there is a genuine obstacle to the person’s removal
from the UK.

(7C)    For the purposes of sub-paragraph (1), a person is to be treated
as satisfying conditions A and C if—

(a)   he or she—

(i)   has been a “relevant child” for the purposes of
section 23A of the Children Act 1989 (advice
and assistance for certain children and young
persons);

(ii)   has been an “eligible child” for the purposes of
paragraph 19B of Schedule 2 to the Children
Act 1989 (preparation for ceasing to be looked
after); or

(iii)   is “a person qualifying for advice and
assistance” within the meaning of section 24(1)
of the Children Act 1989 (persons qualifying for
advice and assistance); and

(b)   the local authority by whom he or she was looked after
failed to ensure he or she was advised and assisted in
connection with—

(i)   an application for him or her to be registered as
a British citizen in circumstances where he or
she was either entitled to be registered as a
British citizen or otherwise entitled to apply to
be registered;

(ii)   an application for him or her to be granted
indefinite leave to remain in circumstances
where he or she satisfied requirements under
the Immigration Rules for a grant of indefinite
leave to remain; or

(iii)   an application for him or her to be granted
limited leave to remain in circumstances where
he or she satisfied requirements under the
Immigration Rules for a grant of limited leave
to remain.

(7D)    In this paragraph “Immigration Rules” means the rules as laid
before Parliament by the Secretary of State under section 3(2)
of the Immigration Act 1971 (general provisions for regulation
and control).”

LORD BATES

124

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

125

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

Clause 64

LORD BATES

126

Page 57, line 3, leave out “or”

127

Page 57, line 8, at end insert “, or

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

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

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

Clause 67

LORD BATES

128

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

129

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

130

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

131

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

132

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

133

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

134

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

135

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

Clause 68

LORD BATES

136

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

137

Page 59, line 1, at end insert “or

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

Page 59, line 4, leave out “or (2)”

139

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

LORD HOPE OF CRAIGHEAD

140

Page 59, line 8, at end insert—

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

LORD WIGLEY

140A

Page 59, line 8, at end insert—

“( )     Regulations under subsection (1) and (2) which apply to Wales may only
be made with the consent of the National Assembly for Wales”.

Schedule 12

LORD BATES

141

Page 186, line 15, at end insert—

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

142

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

143

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

After Clause 71

LORD MARLESFORD

144

Insert the following new Clause—

“Obligation to provide information on passports

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

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

Clause 72

LORD WIGLEY

144A

Page 61, line 38, at end insert—

“( )     Public authorities in Wales may substitute in this section, the terms
“Welsh” or “English and Welsh”, for the term “English”, as they deem fit.”

After Clause 84

LORD BATES

145

Insert the following new Clause—

“Duty regarding the welfare of children

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

Clause 87

LORD BATES

146

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

147

Page 68, line 38, at end insert—

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

148

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

149

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

150

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

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

Clause 88

LORD ROSSER

LORD KENNEDY OF SOUTHWARK

151

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

Clause 89

LORD BATES

152

Page 70, line 2, at end insert—

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

153

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

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

Clause 90

BARONESS HAMWEE

LORD PADDICK

154

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

 

Prepared 12th March 2016