Immigration Bill

Moved by

Lord Bates

28: Schedule 2, page 74, line 40, at end insert—

“(b) under the heading “Offices”, at the appropriate place insert “Director of Labour Market Enforcement”.

29: Schedule 2, page 74, line 40, at end insert—

“Employment Agencies Act 1973 (c. 35)

3A (1) Section 9 of the Employment Agencies Act 1973 (inspection) is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), for the words before sub-paragraph (i) substitute “No information to which this subsection applies shall be disclosed except—”;

(b) at the end of paragraph (a) insert “; or

“(vii) to an officer acting by virtue of section 24 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); or

“(viii) to an officer acting for the purposes of Part 2 of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 for any purpose relating to that Part; or

(ix) to the Pensions Regulator for the purposes of the exercise of any function of the Regulator; or

(x) to the Care Quality Commission for the purposes of the exercise of any function of the Commission.”

(3) After subsection (4) insert—

“(5) Subsection (4) applies to—

(a) information obtained in the course of exercising the powers conferred by this section,

(b) information obtained pursuant to section 15(5A) of the National Minimum Wage Act 1998, and

(c) information obtained in the course of exercising powers by virtue of section 24(1) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).””

30: Schedule 2, page 75, line 16, at end insert—

“National Minimum Wage Act 1998 (c. 39)

5A (1) Section 15 of the National Minimum Wage Act 1998 (information obtained by officers) is amended as follows.

(2) In subsection (1)—

(a) after “to” insert “—

(a) ”;

(b) at the end insert “, and

(b) any information obtained by an officer acting by virtue of section 24(2) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).”

(3) After subsection (5B) insert—

“(5C) Information to which this section applies—

(a) may be supplied by, or with the authorisation of, the Secretary of State to an officer acting by virtue of section 24 of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders); and

(b) may be used by an officer so acting for any purpose for which the officer is so acting.””

31: Schedule 2, page 77, line 26, leave out paragraph (c)

32: Schedule 2, page 78, line 12, at end insert—

“20A (1) Section 19 (information relating to gangmasters) is amended as follows.

(2) In subsection (1)—

(a) for the words before paragraph (a) substitute “Information to which this subsection applies—”;

(b) for paragraph (a) substitute—

“(a) may be supplied to any person for use for the purposes of, or for any purpose connected with, the exercise of functions under this Act,

“(aa) may be supplied to any person by whom, or by whose officers, labour market enforcement functions are exercisable for the purposes of, or for any purpose connected with, the exercise of such functions, and”.

(3) After subsection (1) insert—

“(1A) Subsection (1) applies to—

(a) information held by any person for the purposes of, or for any purpose connected with, the exercise of functions under this Act, and

(b) information held by any officer acting by virtue of section 24(3) of the Immigration Act 2016 (investigative functions in connection with labour market enforcement undertakings and orders).

(1B) In subsection (1) “labour market enforcement functions” has the same meaning as in Chapter 1 of Part 1 of the Immigration Act 2016 (see section 3 of that Act).”

(4) In subsection (2)—

(a) omit “relating to the operations of a person acting as a gangmaster”;

(b) for “(1)(b)” substitute “(1)(aa) or (b)”.”

33: Schedule 2, page 78, line 13, leave out paragraph 21

34: Schedule 2, page 78, leave out lines 37 to 45 and insert—

“(5) In paragraph 10, for sub-paragraph (2) substitute—

“(2) Section 8(1) as it applies in relation to Northern Ireland licences is to be read as if the words “with the approval of the Secretary of State” were omitted.””

35: Schedule 2, page 79, leave out lines 3 to 5

36: Schedule 2, page 79, line 5, at end insert—

“(6) After paragraph 16 insert—

“Section 19: Information relating to gangmasters

16A (1) Section 19 as it applies in relation to Northern Ireland functions is to be read as if—

(a) paragraph (aa) of subsection (1) (and the reference to it in subsection (2)) were omitted,

(b) subsections (1A)(b) and (1B) were omitted, and

(c) in subsection (2), after “Information” there were inserted the words “relating to the operations of a person acting as a gangmaster”.

(2) In this paragraph “Northern Ireland functions” means functions under this Act in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.

Section 22A: Relationship with other agencies: requests for assistance

16B Section 22A does not apply in relation to the Authority’s functions in connection with persons acting as gangmasters in Northern Ireland or persons acting as gangmasters in relation to work in Northern Ireland.””

37: Schedule 2, page 79, line 5, at end insert—

“Pensions Act 2004 (c. 35)

22A In the Pensions Act 2004, in Schedule 3 (certain permitted disclosures of restricted information held by the Pensions Regulator), at the end of the table insert—

38: Schedule 2, page 79, line 19, at end insert—

“

26A At the beginning of Part 7, after the italic heading “Miscellaneous” insert—

“54A Gangmasters and Labour Abuse Authority: information gateways

(1) A specified person may disclose information to the Gangmasters and Labour Abuse Authority (the “Authority”) or a relevant officer if the disclosure is made for the purposes of the exercise of any function of the Authority or the officer under this Act.

(2) Information obtained by the Authority or a relevant officer in connection with the exercise of any function of the Authority or the officer under this Act may be used by the Authority or the officer in connection with the exercise of any other such function of the Authority or the officer.

(3) The Authority or a relevant officer may disclose to a specified person information obtained in connection with the exercise of any function of the Authority or the officer under this Act if the disclosure is made for the purposes of the exercise of any function of the specified person.

(4) A disclosure of information which is authorised by this section does not breach—

(a) an obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(5) But nothing in this section authorises the making of a disclosure which—

(a) contravenes the Data Protection Act 1998, or

(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(6) This section does not limit the circumstances in which information may be disclosed apart from this section.

(7) “Specified person” means a person specified in Schedule 4A (information gateways: specified persons).

(8) The Secretary of State may by regulations amend Schedule 4A.

(9) In this section, “relevant officer” means an officer of the Authority who is acting for the purposes of Part 1 or 2 of this Act (see sections 11A and 30A).”

26B Omit section 55 (review of Gangmasters Licensing Authority).

26C In section 58 (regulations), in subsection (4), after paragraph (j) insert—

“(ja) regulations under section 54A(8) (power to amend Schedule 4A);”.

26D In section 60 (extent)—

(a) in subsection (1), after “section 53)” insert “and section 54A, and Schedule 4A, in Part 7”;

(b) in subsection (3), after “and 7” insert “(except for section 54A and Schedule 4A)”.”

39: Page 79, line 22, at end insert—

“27A After Schedule 4 insert—

“SCHEDULE 4A

INFORMATION GATEWAYS: SPECIFIED PERSONS

Authorities with functions in connection with the labour market etc

The Secretary of State.

A person by whom, or by whose officers, labour market enforcement functions (within the meaning given by section 3 of the Immigration Act 2016) are exercisable.

Law enforcement and border security

A chief officer of police for a police area in England and Wales.

The chief constable of the British Transport Police Force.

An immigration officer.

Local government

A county council in England or Wales.

A county borough council in Wales.

A district council in England.

A London borough council.

The Greater London Authority.

The Common Council of the City of London.

The Council of the Isles of Scilly.

Health bodies

A National Health Service trust established under section 25 of the National Health Service Act 2006 or section 18 of the National Health Service (Wales) Act 2006.

An NHS foundation trust within the meaning given by section 30 of the National Health Service Act 2006.

A Local Health Board established under section 11 of the National Health Service (Wales) Act 2006.

Other

The Independent Anti-slavery Commissioner.””