Moved by
Lord Wallace of Tankerness
9: After Clause 1, insert the following new Clause—
“Restriction on removal of children and their parents etc
After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—
“78A Restriction on removal of children and their parents etc
(1) This section applies in a case where—
(a) a child is to be removed from or required to leave the United Kingdom, and
(b) an individual who—is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—
(a) the child may not be removed from or required to leave the United Kingdom; and
(b) a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.
(3) The relevant appeal rights are exhausted at the time when—
(a) neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and
(b) no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.
(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—
(a) the giving of a direction for the removal of a person from the United Kingdom,
(b) the making of a deportation order in respect of a person, or
(c) the taking of any other interim or preparatory action.
(5) In this section—
“child” means a person who is aged under 18;
references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.””
10: After Clause 1, insert the following new Clause—
“Independent Family Returns Panel
Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—
“54A Independent Family Returns Panel
(1) The Independent Family Returns Panel is established.
(2) The Secretary of State must consult the Independent Family Returns Panel—
(a) in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and
(b) in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.
(3) A family returns case is a case where—
(a) a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and
(b) an individual who—is also to be removed from or required to leave the United Kingdom.
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
(4) The Secretary of State may by regulations make provision about—
(a) additional functions of the Independent Family Returns Panel,
(b) its status and constitution,
(c) the appointment of its members,
(d) the payment of remuneration and allowances to its members, and
(e) any other matters in connection with its establishment and operation.
(5) Regulations under this section must be made by statutory instrument.
(6) An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section—
“child” means a person who is under the age of 18;
“pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;
references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.”.”