UK Parliament / Open data

Illegal Migration Bill

With this it will be convenient to discuss the following:

Government new clause 19—Credibility of claimant: concealment of information etc.

Government new clause 20—Legal aid.

Government new clause 23—Electronic devices etc.

Government new clause 24—Decisions relating to a person’s age.

Government new clause 25—Age assessments: power to make provision about refusal to consent to scientific methods.

Government new clause 26—Interim measures of the European Court of Human Rights.

Government new clause 22—Interim remedies.

Government new clause 8—Report on safe and legal routes.

New clause 1—Detainees: permission to work after six months—

“(1) Within six months of the date of Royal Assent to this Act the Secretary of State must make regulations providing that persons detained under this Act may apply to the Secretary of State for permission to take up employment, including self-employment and voluntary work.

(2) Permission to take up employment under regulations made under subsection (1)—

(a) must be granted if the applicant has been detained for a period of six months or more, and

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

This new clause would require the Secretary of State to make regulations within 6 months of the passing of the Act allowing those detained under measures in the Act to request permission to work after 6 months.

New clause 2—Arrangements for removal: pregnancy—

“The duty in section 2(1) and the power in section 3(2) do not apply in relation to a person who the Secretary of State is satisfied is pregnant.”

This new clause would exempt pregnant women and girls from the provisions about removals.

New clause 3—Effect of this Act on pregnant migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on pregnant migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 4—Independent child trafficking guardian—

“(1) The Secretary of State must make such arrangements as the Secretary of State considers reasonable to enable an independent child trafficking guardian to be appointed to assist, support and represent a child to whom subsection (2) applies.

(2) This subsection applies to a child if a relevant authority determines that—

(a) there are reasonable grounds to believe that the child—

(i) is, or may be, a victim of the offence of human trafficking, or

(ii) is vulnerable to becoming a victim of that offence, and

(b) no person in the United Kingdom is a person with parental rights or responsibilities in relation to the child.”

Based on a Home Affairs Select Committee recommendation (1st Report: Channel crossings, migration and asylum, HC 199, 18 July 2022), this amendment would establish an Independent Child Trafficking Guardian to support every asylum seeker under the age of 18 in their interactions with immigration and asylum processes.

New clause 5—Immigration rules since December 2020: human rights of migrants—

“(1) Regulations bringing any provisions of this Act into force may not be made before publication of a report under subsection (2).

(2) The Secretary of State must commission and lay before Parliament an independent report on the effects of the immigration rules on the human rights of migrants since December 2020.

(3) The report under subsection (2) must include, but is not limited to, an analysis of the following areas—

(a) safe and legal routes,

(b) relocation of asylum seekers,

(c) detention,

(d) electronic tagging,

(e) legal aid, accommodation, and subsistence,

(f) the right to work, and

(g) modern slavery.”

New clause 6—Effect of this Act on victims of modern slavery: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on victims of modern slavery.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 7—Effect of this Act on the health of migrants: independent review—

“(1) The Secretary of State must commission an independent review of the effect of the provisions of this Act on the physical and mental health of migrants.

(2) The report of the review under this section must be laid before Parliament within 2 years of the date on which this Act is passed.”

New clause 9—Accommodation: duty to consult—

“(1) Section 97 of the Immigration and Asylum Act 1999 (supplemental) is amended as follows.

(2) After subsection (3A) insert—

‘(3B) When making arrangements for the provision of accommodation under section 95 or section 4 of this Act, the Secretary of State must consult with representatives of the local authority or local authorities, for the area in which the accommodation is located.

(3C) The duty to consult in subsection (3B) applies to accommodation including hotel accommodation, military sites, and sea vessels.

(3D) The duty to consult in subsection (3B) also applies to any third party provider operating within the terms of a contract with the Secretary of State.’”

This new clause would add to the current law on provision of accommodation to asylum seekers a requirement to consult with the relevant local authorities when making the necessary arrangements.

New clause 10—Expedited asylum processing—

“(1) Within 60 days of this Act coming into force, the Secretary of State must issue regulations establishing an expedited asylum process for applicants from specified countries who have arrived in the UK without permission.

(2) Within this section, “specified countries” are defined as those countries or territories to which a person may be removed under the Schedule to this Act.”

This new clause requires the Secretary of State to establish a process to fast-track asylum claims from specified countries.

New clause 11—Accommodation: value for money—

“(1) Within 90 days of this Act coming into force, the Secretary of State must lay before Parliament—

(a) all procurement and contractual documents connected with the provision of asylum accommodation and support provided by third-party suppliers under sections 4 and 95 of the Immigration and Asylum Act 1999;

(b) an updated value for money assessment for all asylum accommodation and support contracts currently in force.

(2) Any redactions to the documents provided under subsection (1) should only relate to material that is commercially sensitive.”

This new clause seeks to require the publication of key documents relating to asylum accommodation and support contracts held by private companies.

New clause 12—Border security checks—

“(1) The Secretary of State must appoint a named individual to conduct an investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

(2) This individual may be—

(a) the Independent Chief Inspector of Borders and Immigration, or

(b) another individual nominated by the Secretary of State.

(3) The first investigation conducted under this section must be completed one year after the date on which this Act is passed, with subsequent investigations completed every year thereafter.

(4) Findings of investigations conducted under this section must be published within three months of completion of the investigation.”

This new clause seeks to require an annual investigation into the effectiveness of security checks undertaken at the UK border for the purposes of enforcing the provisions of this Act.

New clause 13—Asylum backlog: reporting requirements—

“(1) The Secretary of State must, within three months of the date on which this Bill was published, and at intervals of once every three months thereafter, publish and lay before Parliament

a report on the steps taken and progress made toward clearing the backlog of outstanding asylum claims, within the preceding three-month period.

(2) For the purposes of subsection (1) above, “the backlog of outstanding asylum claims” means the total number of asylum applications on which an initial decision had not yet been made as of 13 December 2022.

(3) In preparing the reports required by subsection (1) above, ‘progress toward clearing the backlog of outstanding asylum claims’ may be measured with reference to—

(a) the number and proportion of applications on which an initial decision is made within six months of the submission of the application;

(b) changes to guidance for asylum caseworkers on fast-track procedures for straightforward applications;

(c) measures to improve levels of recruitment and retention of specialist asylum caseworking staff; and

(d) any other measures which the Secretary of State may see fit to refer to in the reports.”

This new clause would require regular reports from the Secretary of State on progress toward eliminating the asylum backlog.

New clause 14—Safe and legal routes: family reunion for children—

“(1) The Secretary of State must, within three months of the date on which this Act enters into force, lay before Parliament a statement of changes in the rules (the “immigration rules”) undersection 3(2) of the Immigration Act 1971 (general provision for regulation and control) to make provision for the admission of unaccompanied asylum-seeking children from European Union member states to the United Kingdom for the purposes of family reunion.

(2) The rules must, as far as is practicable, include provisions in line with the rules formerly in force in the United Kingdom under the Dublin III Regulation relating to unaccompanied asylum-seeking children.”

This new clause seeks to add a requirement for the Secretary of State to provide safe and legal routes for unaccompanied asylum-seeking children with close family members in the UK, in line with rules previously observed by the UK as part of the Dublin system.

New clause 15—Border security: terrorism—

“(1) The Secretary of State must make arrangements for the removal of a person from the United Kingdom if the following conditions are met—

(a) the person meets the first condition in section 2 of this Act; and

(b) the Secretary of State is satisfied that the person has been involved in terrorism-related activity, as defined by section 4 of the Terrorism Prevention and Investigation Measures Act 2011.

(2) If the Secretary of State cannot proceed with removal due to legal proceedings, they must consider the imposition of terrorism prevention and investigation measures in accordance with the Terrorism Prevention and Investigation Measures Act 2011.

(3) The Secretary of State must lay a report before this House on activity under this section every 90 days.”

This new clause places on the Secretary of State a duty to remove suspected terrorists who have entered the country illegally, or consider the imposition of TPIMs for such individuals where removal is not possible.

New clause 16—International pilot cooperation agreement: asylum and removals—

“(1) The Secretary of State must, within three months of this Act coming into force, publish and lay before Parliament a framework for a 12-month pilot cooperation agreement with the governments of neighbouring countries, EU Member States and relevant international organisations on—

(a) the removal from the United Kingdom of persons who have made protection claims declared inadmissible by the Secretary of State;

(b) the prosecution and conviction of persons involved in facilitating illegal entry to the United Kingdom from neighbouring countries, including with regards to data-sharing; and

(c) establishing capped controlled and managed safe and legal routes, including—

(i) family reunion for unaccompanied asylum-seeking children with close family members settled in the United Kingdom; and

(ii) other resettlement schemes.

(2) In subsection (1)—

(a) “neighbouring countries” means countries which share a maritime border with the United Kingdom;

(b) “relevant international organisations” means—

(i) Europol;

(ii) Interpol;

(iii) Frontex;

(iv) the European Union; and

(v) any other organisation which the Secretary of State may see fit to consult with.”

This new clause would require the Secretary of State to lay before Parliament a framework for a new pilot co-operation agreement with the governments of neighbouring countries and relevant international organisations on asylum and removals.

New clause 18—Suspensive claims and related appeals: legal aid and legal advice—

“(1) The Secretary of State must make arrangements for legal aid to be available for the making of suspensive claims and related appeals under this Act.

(2) The Secretary of State must make arrangements to ensure that legal advice is available to support persons making suspensive claims under this Act.”

This new clause seeks to ensure legal aid and legal advice are available to persons for making suspensive claims and related appeals.

New clause 21—Afghan Citizens Resettlement Scheme: reporting requirements—

The Secretary of State must, no later than 7 June 2023 and at intervals of once every three months thereafter, publish and lay before Parliament a report on the operation of the Afghan Citizens Resettlement Scheme safe and legal route to the United Kingdom and on progress towards the Scheme’s resettlement targets for Afghan citizens.”

This new clause would require reports from the Secretary of State for each quarter since the publication of this Bill on the Afghan Citizens Resettlement Scheme, including Pathways 2 and 3.

Amendment 44, in clause 1, page 2, line 14, leave out subsection (3).

This amendment and Amendment 45 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Government amendments 111 to 113, and 77.

Amendment 45, page 2, line 28, leave out subsection (5) and insert—

“(5) So far as it is possible to do so, provision made by or by virtue of this Act must be read and given effect in a way which is compatible with—

(a) the Convention rights,

(b) the Refugee Convention,

(c) the European Convention on Action Against Trafficking,

(d) the UN Convention on the Rights of the Child, and

(e) the UN Convention relating to the Status of Stateless Persons.”

This amendment and Amendment 44 would require the courts to interpret the Act, so far as possible, in accordance with the UK’s international obligations contained in several international treaties.

Amendment 46, page 2, line 31, leave out clause 2.

Government amendment 89.

Amendment 17, in clause 2, page 3, line 9, at end insert “, and—

(a) was aged 18 years or older on the date on which they entered or arrived in the United Kingdom, and

(b) is not—

(i) part of the immediate family of,

(ii) a family member as defined by section 8(2) of this Act of, or

(iii) a person who otherwise had care of,

an individual who was under the age of 18 on the date on which they entered or arrived in the United Kingdom where that individual is physically present in the United Kingdom.”

This amendment would exempt children and, where they are accompanied, their immediate families from removal duty contained in clause 2 and other related duties or powers, ensuring the existing safeguarding regime in relation to these children is retained.

Amendment 47, page 3, line 38, at end insert—

“(10A) The duty under subsection (1) does not apply in relation to—

(a) a person who was under the age of 18 when they arrived in the UK;

(b) a person (“A”) who is an Afghan national where there is a real risk of persecution or serious harm to A if returned to that country;

(c) a person who is a refugee under the Refugee Convention or in need of humanitarian protection;

(d) a person (L) where there is a real risk of persecution or serious harm on grounds of sexual orientation if L were to be removed in accordance with this section;

(e) a person who, there are reasonable grounds to suspect, is a victim of torture;

(f) a Ukrainian citizen;

(g) a person who, there are reasonable grounds to suspect, is a victim of trafficking or modern slavery;

(h) a person who has family members in the United Kingdom;

(i) an person who meets the definition of an “adult at risk” in paragraph 7 of the Home Office Guidance on adults at risk in immigration detention (2016), including in particular people suffering from a condition, or who have experienced a traumatic event (such as trafficking, torture or sexual violence), that would be likely to render them particularly vulnerable to harm.”

This amendment would exempt certain persons from the Secretary of State’s duty to remove, including children, refugees, victims of modern slavery and other vulnerable people.

Government amendment 185.

Amendment 1, page 4, line 4, at end insert—

“(d) the person enters the United Kingdom from Ireland across the land border with Northern Ireland.”

This probing amendment would provide an exemption from the duty to remove for people who arrive in the UK from the Republic of Ireland via the land border with Northern Ireland.

Amendment 5, in clause 3, page 4, line 8, leave out

“at a time when the person is an unaccompanied child”

and insert

“where the person is an unaccompanied child or is a person who arrived in the United Kingdom as an unaccompanied child”.

This amendment seeks to remove the obligation on the Secretary of State to remove a person where the person has ceased to be an unaccompanied child.

Amendment 181, page 4, line 9, leave out subsections (2) to (4).

This amendment removes the power for the Secretary of State to remove an unaccompanied child before they turn 18.

Government amendments 174, 106 to 110, and 175.

Amendment 48, in clause 4, page 4, line 35, leave out paragraph (d).

This amendment would ensure the duty to remove under clause 2 did not apply “regardless” of a person making an application for judicial review in relation to their removal.

Amendment 49, page 5, line 2, leave out from “(2)” to end of line 2 and insert

“must be considered under the immigration rules if the person who made the claim has not been removed from the United Kingdom within a period of six months starting on the day the claim is deemed inadmissible.”

This amendment would require the Secretary of State to consider protection and human rights claims if removal had not been completed within 6 months of the declaration of inadmissibility.

Amendment 184, page 5, line 8, after “if” insert—

“the Secretary of State considers that there are reasonable grounds for regarding the claimant as a danger to national security or a threat to public safety, or”.

This amendment would prevent a person who meets the four conditions for removal in clause 2 and who is considered a threat to national security or public safety from making a protection claim or human rights claim.

Government amendment 176.

Amendment 182, in clause 5, page 5, line 36, after “child” insert—

“and where a best interest and welfare assessment carried out in the three months prior to that person turning 18 concluded it was appropriate for them to be removed”.

This amendment would add an additional requirement that a best interest and welfare assessment would need to have been carried out before the duty to remove applies to someone who was previously an unaccompanied child.

Government amendment 177.

Amendment 132, in clause 7, page 8, line 24, at end insert—

“(1A) P may not be removed from the United Kingdom unless the Secretary of State or an immigration officer has given a notice in writing to P stating—

(a) that P meets the four conditions set out in section 2;

(b) that a safe and legal route to the United Kingdom from P’s country of origin existed which P could have followed but did not follow;

(c) that the safe and legal route specified in paragraph (b) has been approved by both Houses of Parliament in the previous 12 months as safe, legal and accessible to persons originating in the relevant country; and

(d) the number of successful applications for asylum in each of the previous five years by persons following the safe and legal route specified in paragraph (b).

(1B) Any determination by the Secretary of State to remove P from the United Kingdom based on information provided by the notice referred to in subsection (1A) may be subject to judicial review on the basis that the information was flawed, and the Secretary of State may not remove P from the United Kingdom while any such judicial review is ongoing.”

This amendment would prevent the Home Secretary removing a person from the United Kingdom unless and until the Secretary of State has confirmed that a safe and legal route existed but that the person nevertheless chose to follow an alternative route which resulted in them arriving in the United Kingdom without leave.

Government amendments 79 to 83.

Amendment 50, in clause 8, page 9, line 36, after “family” insert “who arrives with P and”.

This amendment would limit the power to issue removal directions to family members, to those family members who arrived with the person being removed.

Government amendments 90, 91 and 139.

Amendment 51, page 13, line 10, leave out clause 11.

Government amendments 140, 134, 141, 142 and 135.

Amendment 2, in clause 11, page 14, line 46, at end insert—

“(2H) Sub-paragraphs (2C) to (2G) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent an immigration officer’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Government amendments 143 to 145, 136, 146, 147, 137 and 148.

Amendment 3, page 17, line 15, leave out subsection (11) and insert—

“(11) Subsections (5) to (10) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”

This amendment would prevent the Secretary of State’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Amendment 52, page 17, line 18, leave out clause 12.

Government amendments 149, 86, 150, 87, 151 to 157, 85, 88, 84, and 158 to 160.

Amendment 53, page 22, line 30, leave out clause 15.

Amendment 183, in clause 15, page 22, line 39, at end insert—

“(5) Subject to subsections (6) to (8), an unaccompanied child may not be placed in, or once placed in, may not be kept in, accommodation provided or arranged under subsection (1) that has the purpose of restricting liberty (“secure accommodation”) unless it appears—

(a) that the child is likely to abscond from any other description of accommodation; and

(b) if they abscond, they are likely to suffer significant harm.

(6) A child may not be kept in secure accommodation for a period of more than 72 hours without the authority of the court.

(7) Subject to subsection (8), a court may authorise that a child may be kept in secure accommodation for a maximum period of 3 months.

(8) A court may from time to time authorise that a child may be kept in secure accommodation for a further period not exceeding six months at any one time.

(9) In this section, “significant harm” includes, but is not limited to, a high likelihood that the child will be at risk of trafficking or exploitation.”

This amendment would clarify the circumstances under which an unaccompanied child accommodated by the Home Office, rather than a local authority, can be accommodated in secure accommodation. It would require the child to be at risk of harm if they absconded, including at risk of being trafficked or exploited.

Amendment 7, page 23, line 1, leave out clause 16.

Government amendments 124 to 131.

Amendment 54, in clause 19, page 24, line 27, at end insert—

“(a) in the case of Wales, with the consent of Senedd Cymru,

(b) in the case of Scotland, with the consent of the Scottish Parliament, and

(c) in the case of Northern Ireland, the consent of the Northern Ireland Assembly is only required if the Northern Ireland Executive has been formed.”

This amendment would ensure provisions in relation to unaccompanied migrant children could not be extended to devolved nations without the consent of the devolved legislatures, as appropriate.

Amendment 55, in clause 21, page 25, line 17, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period, or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 21 relating to exclusion from trafficking protections (a reflection period and leave to remain) to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 12, page 25, line 22, after “decision”” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 4, page 25, line 32, at end insert “either—

(aa) the relevant exploitation took place in the United Kingdom; or”

This amendment is intended to exempt people who have been unlawfully exploited in the UK from provisions which would otherwise require their removal during the statutory recovery period and prohibit them being granted limited leave to remain.

Amendment 16, page 26, line 2, at end insert—

“(3A) Subsections (1) and (2) do not apply in relation to any person who is a national of a state which—

(a) has not ratified the relevant international legal agreements; or

(b) the Secretary of State has reasonable grounds to believe may not be effectively enforcing its obligations under the relevant international legal agreements; or

(c) the Secretary of State has reasonable grounds to believe may not be able or willing to prevent the person from becoming a victim of slavery and human trafficking upon their return to that country.

(3B) For the purposes of subsection (3A), “relevant international legal agreements” means—

(a) ILO Conventions 29 and 105 on Forced Labour;

(b) the European Convention on Human Rights;

(c) the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime;

(d) the Council of Europe Convention on Action Against Trafficking;

(e) any other relevant agreement to which the United Kingdom is a party.

(3C) In determining whether paragraphs (b) and (c) of subsection (3A) apply, the Secretary of State must consult with, and pay due regard to the views of, the Independent Anti-Slavery Commissioner.”

This amendment stipulates that the duty to remove victims of modern slavery does not apply to nationals of countries which have not ratified international agreements relating to human trafficking, or which the Secretary of State has reason to believe may not be effectively enforcing its obligations under those agreements.

Government amendment 95.

Amendment 56, page 26, line 25, leave out subsections (7) to (9).

This amendment seeks to protect those victims of trafficking and slavery granted leave to remain under s65(2) of the Nationality and Borders Act from the power of the Secretary of State to revoke that in certain circumstances.

Amendment 57, in clause 22, page 27, line 11, leave out paragraphs (a) to (c) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 22 relating to provision of support to trafficking victims in England and Wales to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 13, page 27, line 14, after “person” insert—

“, unless the decision relates to the person being a victim of sexual exploitation”.

Amendment 58, in clause 23, page 27, line 24, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 23 relating to provision of support to trafficking victims in Scotland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 14, page 27, line 28, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendment 96.

Amendment 59, in clause 24, page 29, line 6, leave out paragraphs (a) and (b) and insert—

“grounds of public order prevent observation of the reflection and recovery period or if it is found that victim status is being claimed improperly.”

This amendment seeks to align provisions in clause 24 relating to provision of support to trafficking victims in Northern Ireland to those in article 13 of the European Convention on Action Against Trafficking.

Amendment 15, page 29, line 11, at end insert—

“unless the person is a victim of sexual exploitation”.

Government amendments 97, 114 to 119, 161, 162, 104, 105, 122, 92 and 163.

Amendment 8, in clause 30, page 35, line 31, leave out “has ever met” and insert— “is aged 18 or over at the time of entry into the United Kingdom and meets”.

This amendment seeks to provide an exemption from the ban on obtaining citizenship for family members of people who are subject to the “duty to remove” if they were either born in the UK or arrived in the UK as a child.

Government amendments 164 to 166.

Amendment 62, in clause 31, page 36, line 31, leave out paragraphs (a) to (d).

This amendment and amendments 63 to 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 167.

Amendment 63, page 37, line 3, leave out sub-paragraphs (i) and (ii).

This amendment and amendments 62, 64 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 168.

Amendment 64, in clause 32, page 37, line 17, leave out paragraphs (a) and (b).

This amendment and amendments 62, 63 and 65 seek to remove provisions which would prevent persons accessing British citizenship.

Government amendment 169.

Amendment 65, page 37, line 29, leave out sub-paragraph (i).

This amendment and amendments 62 to 64 seek to remove provisions which would prevent persons accessing British citizenship.

Amendment 66, page 37, line 39, leave out clause 33.

Amendment 67, page 38, line 1, leave out clause 34.

Government amendments 123, 170, 171, and 33 to 35.

Amendment 68, in clause 37, page 40, line 8, leave out from “means” to the end of line 12 and insert “—

(a) a protection claim

(b) a human rights claim, or

(c) a claim to be a victim of slavery or a victim of human trafficking.”

This amendment seeks to ensure that consideration of protection claims, human rights claims and slavery and trafficking cases would suspend removal under clause 45.

Government amendments 172, 173, and 36 to 43.

Amendment 69, in clause 43, page 45, line 30, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Amendment 70, in clause 44, page 46, line 22, leave out subsection (7).

This amendment seeks to reinstate onward rights of appeal against a decision of the Upper Tribunal under this clause.

Government amendments 18 to 32, and 186.

Amendment 71, in clause 52, page 53, line 11, leave out sub-paragraph (i).

This amendment would ensure rules on inadmissibility of certain asylum claims were not extended to human rights claims.

Amendment 72, page 53, leave out line 33.

Amendment 75, in clause 53, page 55, line 11, leave out from “must” to the end of subsection (1) and insert—

“within six months of this Act coming into force, secure a resolution from both Houses of Parliament on a target for the number of people entering the United Kingdom each year over the next three years using safe and legal routes, and further resolutions for future years no later than 18 months before the relevant years begin.”

This amendment seeks to enhance Parliament’s role in determining a target number of entrants using safe and legal routes.

Amendment 76, page 55, line 15, after “authorities” insert—

“(aa) the United Nations High Commission for Refugees,

(ab) the devolved governments,

(ac) the Home Affairs Select Committee of the House of Commons,”

The purpose of this amendment is to broaden the scope of consultees on setting the target for the number of entrants using safe and legal routes.

Government amendment 11.

Amendment 9, page 55, line 37, at end insert—

““persons” means only individuals aged 18 or over on the day of entry into the United Kingdom;”

This amendment would exclude children from the annual cap on number of entrants.

Government amendments 178, 98 to 100, 120, 187, 133, 179, 180, 93 and 94.

Amendment 10, in clause 59, page 58, line 27, at end insert—

“but see section (Immigration rules since December 2020: human rights of migrants).”

This amendment is consequential on NC5.

Government amendments 103, 138, 101, 102, 121 and 188.

Amendment 73, page 59, line 19, at end insert—

“(4A) Section 23 comes into force on such day as the Secretary of State may by regulations appoint, provided that the Scottish Parliament has indicated its consent to the section coming into force.”

This amendment would require Scottish Parliament consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Scotland could come into force.

Amendment 74, page 59, line 19, at end insert—

“(4A) Section 24 comes into force on such day as the Secretary of State may by regulations appoint, provided that, if a Northern Ireland Executive has been formed, the Northern Ireland Assembly has previously indicated its consent to the section coming into force.”

This amendment would require Northern Ireland Assembly consent before disapplication of its legislation making provision for support for modern slavery and trafficking victims in Northern Ireland could come into force.

Government amendment 189.

Government new schedule 1—Electronic devices etc.

Government amendment 78.

About this proceeding contribution

Reference

731 cc325-772 

Session

2022-23

Chamber / Committee

House of Commons chamber
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