House of Commons€¦ · Debbie Abrahams Emma Reynolds Wera Hobhouse Ruth George Nic Dakin Heidi Allen Jim Shannon Jamie Stone Tim Farron Mr Alistair Carmichael Layla Moran Caroline

House of Commons

1

NOTICES OF AMENDMENTSgiven up to and including

Thursday 20 June 2019

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

CONSIDERATION OF BILL (REPORT STAGE)

IMMIGRATION AND SOCIAL SECURITYCO-ORDINATION (EU WITHDRAWAL) BILL

NOTE

This document includes all amendments tabled to date and includes anywithdrawn amendments at the end. The amendments have been arranged in theorder in which they relate to the Bill.

Afzal KhanMs Diane AbbottMr David DavisStuart C. McDonaldJoanna CherryGavin Robinson

Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldDame Caroline Spelman Rosie Duffield Tonia AntoniazziJess Phillips Tulip Siddiq Christine JardineJo Stevens Tom Brake Stella CreasyMs Karen Buck Yvonne Fovargue Julie CooperRachel Reeves Emma Hardy Helen HayesThelma Walker Yasmin Qureshi Dr Rosena Allin-KhanLiz Kendall Seema Malhotra Daniel ZeichnerOwen Smith Alex Sobel Stephen TimmsAlex Cunningham Ian Murray Richard Burgon

2 Consideration of Bill (Report Stage): 20 June 2019

Immigration and Social Security Co-ordination (EU Withdrawal) Bill, continued

Lilian Greenwood Rushanara Ali Shabana MahmoodAnna McMorrin Liz McInnes Dr Roberta Blackman-WoodsDr Paul Williams Yvette Cooper Andy SlaughterMatthew Pennycook Clive Efford Mrs Sharon HodgsonKate Green Kerry McCarthy Danielle RowleyDebbie Abrahams Emma Reynolds Wera HobhouseRuth George Nic Dakin Heidi AllenJim Shannon Jamie Stone Tim FarronMr Alistair Carmichael Layla Moran Caroline LucasHenry Smith Norman Lamb Anna SoubryJoan Ryan Mr Barry Sheerman Nick BolesMr Dominic Grieve Stephen Doughty Crispin BluntSir Vince Cable Mrs Pauline Latham Anneliese DoddsJo Swinson Steve Double Stephen TwiggMaria Caulfield Stephen Lloyd Mr Gavin ShukerJeremy Lefroy

NC1To move the following Clause—

“Time limit on immigration detention(1) For the purpose of this section, a person (“P”) is defined as—

(a) any person who, immediately before the commencement of Schedule 1,was—

(i) residing in the United Kingdom in accordance with theImmigration (European Economic Area) Regulations 2016;

(ii) residing in the United Kingdom in accordance with a rightconferred by or under any of the other instruments which isrepealed by Schedule 1; or

(iii) otherwise residing in the United Kingdom in accordance withany right derived from European Union law which continues, byvirtue of section 4 of the EU Withdrawal Act 2018, to berecognised and available in domestic law after exit day;

(b) and any other person.(2) The Secretary of State may not detain any person (“P”) as defined in subsection

(1) under a relevant detention power for a period of more than 28 days from therelevant time.

(3) If “P” remains detained under a relevant detention power at the expiry of theperiod of 28 days then—

(a) the Secretary of State shall release P forthwith; and(b) the Secretary of State may not re—detain P under a relevant detention

power thereafter, unless the Secretary of State is satisfied that there hasbeen a material change of circumstances since “P’s” release and that thecriteria in section [Initial detention: criteria and duration] are met.

(4) In this Act, “relevant detention power” means a power to detain under—(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of

persons liable to examination or removal);(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending

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

(detention of persons liable to examination or removal); or(d) section 36(1) of UK Borders Act 2007 (detention pending deportation).

(5) In this Act, “relevant time” means the time at which “P” is first detained under arelevant detention power.

Consideration of Bill (Report Stage): 20 June 2019 3


(6) This section does not apply to a person in respect of whom the Secretary of Statehas certified that the decision to detain is or was taken in the interests of nationalsecurity.”


Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie StoneLayla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambAnna Soubry Joan Ryan Mr Barry SheermanMr Dominic Grieve Stephen Doughty Sir Vince CableMrs Pauline Latham Steve Double Stephen TwiggMr Gavin Shuker Jeremy Lefroy Maria Caulfield


“Initial detention: criteria and duration(1) The Secretary of State may not detain any person (“P”) to whom section [Time

limit on immigration detention] applies, under a relevant detention power otherthan for the purposes of examination, unless the Secretary of State is satisfiedthat—

(a) “P” can be shortly removed from the United Kingdom;(b) detention is strictly necessary to affect the “P”’s deportation or removal

from the United Kingdom; and(c) the detention of “P” is in all circumstances proportionate.

(2) The Secretary of State may not detain any person (“P”) who section [Time limiton immigration detention] applies to under a relevant detention power for aperiod of more than 96 hours from the relevant time, unless—



(a) “P” has been refused bail at an initial bail hearing in accordance withsubsection (5)(b) of section [Bail hearings]; or

(b) the Secretary of State has arranged a reference to the Tribunal forconsideration of whether to grant immigration bail to “P” in accordancewith subsection (2)(c) of clause[Bail hearings] and that hearing has notyet taken place.

(3) Nothing in subsection (2) shall authorise the Secretary of State to detain “P”under a relevant detention power if such detention would, apart from this section,be unlawful.

(4) In this section, “Tribunal” means the First-Tier Tribunal.(5) In this section, “relevant detention power” has the meaning given in section [Time

limit on immigration detention].”


Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie StoneLayla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambAnna Soubry Joan Ryan Mr Barry SheermanMr Dominic Grieve Stephen Doughty Sir Vince CableMrs Pauline Latham Steve Double Stephen TwiggMr Gavin Shuker Jeremy Lefroy


“Bail hearings(1) This section applies to any person (“P”) to whom section [Time limit on

immigration detention] applies and who is detained under a relevant detentionpower.



(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary ofState must—

(a) release “P”;(b) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

Immigration Act 2016; or(c) arrange a reference to the Tribunal for consideration of whether to grant

immigration bail to “P”.(3) Subject to subsection (4), when the Secretary of State arranges a reference to the

Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“aninitial bail hearing”) which must commence within 24 hours of the time at whichthe reference is made.

(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bankholiday, the Tribunal must hold an initial bail hearing on the next working day.

(5) At the initial bail hearing, the Tribunal must—(a) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

Immigration Act 2016; or(b) refuse to grant immigration bail to “P”.

(6) Subject to subsection (7), the Tribunal must grant immigration bail to “P” at a bailhearing unless it is satisfied that the Secretary of State has established that thecriteria in subsection 1 of section [Initial detention: criteria and duration] are metand that, in addition—

(a) directions have been given for “P’s” removal from the United Kingdomand such removal is to take place within 14 days;

(b) a travel document is available for the purposes of “P’s” removal ordeportation; and

(c) there are no outstanding legal barriers to removal.(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State

has established that the criteria in subsection 1 of section [Initial detention:criteria and duration] above are met and that there are very exceptionalcircumstances which justify maintaining detention.

(8) In subsection (6) above, “a bail hearing” includes—(a) an initial bail hearing under subsection (2) above; and(b) the hearing of an application for immigration bail under paragraph 1(3)

of Schedule 10 of the Immigration Act 2016.(9) In this section, “Tribunal” means the First-Tier Tribunal.

(10) The Secretary of State shall provide to “P” or “P’s” legal representative, not morethan 24 hours after the relevant time, copies of all documents in the Secretary ofState’s possession which are relevant to the decision to detain.

(11) At the initial bail hearing, the Tribunal shall not consider any documents reliedupon by the Secretary of State which were not provided to “P” or “P’s” legalrepresentative in accordance with subsection (10), unless—

(a) “P” consents to the documents being considered; or(b) in the opinion of the Tribunal there is a good reason why the documents

were not provided to “P” or to “P’s” legal representative in accordancewith subsection (10).



(12) The Immigration Act 2016 is amended as follows—(a) After paragraph 12(4) of schedule 10 insert—

“(4A) Sub-paragraph (2) above does not apply if the refusal of bailby the First tier Tribunal took place at an initial bail hearingwithin the meaning of section [Bail hearings for EEA andSwiss nationals] of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2019.”.”


Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie StoneLayla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambAnna Soubry Joan Ryan Mr Barry SheermanMr Dominic Grieve Stephen Doughty Crispin BluntSir Vince Cable Mrs Pauline Latham Steve DoubleStephen Twigg Mr Gavin Shuker Jeremy Lefroy


“Commencement of detention provisions(1) Sections [Time limit on immigration detention] (save for subsection (1)(b)),

[Initial detention: criteria and duration] and [Bail hearings] come into force sixmonths after the day on which this Act is passed.



(2) Subsection (1)(b) of section [Time limit on immigration detention] comes intoforce on such day as the Secretary of State may by order appoint.”


Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Ruth GeorgeNic Dakin Heidi Allen Jim ShannonJamie Stone Layla Moran Caroline LucasTim Farron Henry Smith Mr Alistair CarmichaelNorman Lamb Anna Soubry Joan RyanCat Smith Mr Barry Sheerman Mr Dominic GrieveStephen Doughty Sir Vince Cable Mrs Pauline LathamAnneliese Dodds Steve Double Stephen TwiggMr Gavin Shuker Jeremy Lefroy Maria Caulfield


“Time limit on immigration detention for EEA and Swiss nationals(1) For the purpose of this section, a person (“P”) is defined as—

(a) any person who, immediately before the commencement of Schedule 1,was—

(i) residing in the United Kingdom in accordance with theImmigration (European Economic Area) Regulations 2016;

(ii) residing in the United Kingdom in accordance with a rightconferred by or under any of the other instruments which isrepealed by Schedule 1; or

(iii) otherwise residing in the United Kingdom in accordance withany right derived from European Union law which continues, byvirtue of section 4 of the EU Withdrawal Act 2018, to berecognised and available in domestic law after exit day;



(2) The Secretary of State may not detain any person (“P”) as defined in subsection(1) under a relevant detention power for a period of more than 28 days from therelevant time.

(3) If “P” remains detained under a relevant detention power at the expiry of theperiod of 28 days then—

(a) the Secretary of State shall release P forthwith; and(b) the Secretary of State may not re—detain P under a relevant detention

power thereafter, unless the Secretary of State is satisfied that there hasbeen a material change of circumstances since “P’s” release and that thecriteria in section [Initial detention: criteria and duration (No. 2)] aremet.

(4) In this Act, “relevant detention power” means a power to detain under—(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of

persons liable to examination or removal);(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending

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

(detention of persons liable to examination or removal); or(d) section 36(1) of UK Borders Act 2007 (detention pending deportation).

(5) In this Act, “relevant time” means the time at which “P” is first detained under arelevant detention power.

(6) This section does not apply to a person in respect of whom the Secretary of Statehas certified that the decision to detain is or was taken in the interests of nationalsecurity.”


Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie Stone



Layla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambMr Barry Sheerman Mr Dominic Grieve Stephen DoughtySir Vince Cable Mrs Pauline Latham Steve DoubleStephen Twigg Mr Gavin Shuker Jeremy Lefroy


“Initial detention: criteria and duration (No. 2)(1) The Secretary of State may not detain any person (“P”) to whom section [Time

limit on immigration detention for EEA and Swiss nationals] applies, under arelevant detention power other than for the purposes of examination, unless theSecretary of State is satisfied that—

(a) “P” can be shortly removed from the United Kingdom;(b) detention is strictly necessary to affect “P”’s deportation or removal from

the United Kingdom; and(c) the detention of “P” is in all circumstances proportionate.

(2) The Secretary of State may not detain any person (“P”) who section [Time limiton detention for EEA and Swiss nationals] applies to under a relevant detentionpower for a period of more than 96 hours from the relevant time, unless—

(a) “P” has been refused bail at an initial bail hearing in accordance withsubsection (5)(b) of section [Bail hearings (No. 2)]; or

(b) the Secretary of State has arranged a reference to the Tribunal forconsideration of whether to grant immigration bail to “P” in accordancewith subsection (2)(c) of section [Bail hearings (No. 2)] and that hearinghas not yet taken place.

(3) Nothing in subsection (2) shall authorise the Secretary of State to detain “P”under a relevant detention power if such detention would, apart from this section,be unlawful.

(4) In this section, “Tribunal” means the First-Tier Tribunal.(5) In this section, “relevant detention power” has the meaning given in section [Time

limit on detention for EEA and Swiss nationals].”




Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie StoneLayla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambMr Barry Sheerman Mr Dominic Grieve Stephen DoughtySir Vince Cable Mrs Pauline Latham Steve DoubleStephen Twigg Mr Gavin Shuker Jeremy Lefroy


“Bail hearings (No. 2)(1) This section applies to any person (“P”) to whom section [Time limit on

immigration detention for EEA and Swiss nationals] applies and who is detainedunder a relevant detention power.

(2) Before the expiry of a period of 96 hours from the relevant time, the Secretary ofState must—

(a) release “P”;(b) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

Immigration Act 2016; or(c) arrange a reference to the Tribunal for consideration of whether to grant

immigration bail to “P”.(3) Subject to subsection (4), when the Secretary of State arranges a reference to the

Tribunal under subsection (2)(c), the Tribunal must hold an oral hearing (“aninitial bail hearing”) which must commence within 24 hours of the time at whichthe reference is made.

(4) If the period of 24 hours in subsection (3) ends on a Saturday, Sunday or Bankholiday, the Tribunal must hold an initial bail hearing on the next working day.

(5) At the initial bail hearing, the Tribunal must—(a) grant immigration bail to “P” under paragraph 1 of Schedule 10 to the

Immigration Act 2016; or(b) refuse to grant immigration bail to “P”.



(6) Subject to subsection (7), the Tribunal must grant immigration bail to “P” at a bailhearing unless it is satisfied that the Secretary of State has established that thecriteria in subsection 1 of section [Initial detention: criteria and duration (No. 2)]are met and that, in addition—

(a) directions have been given for “P’s” removal from the United Kingdomand such removal is to take place within 14 days;

(b) a travel document is available for the purposes of “P’s” removal ordeportation; and

(c) there are no outstanding legal barriers to removal.(7) Subsection (6) does not apply if the Tribunal is satisfied that the Secretary of State

has established that the criteria in subsection 1 of section [Initial detention:criteria and duration (No. 2)] above are met and that there are very exceptionalcircumstances which justify maintaining detention.

(8) In subsection (6) above, “a bail hearing” includes—(a) an initial bail hearing under subsection (2) above; and(b) the hearing of an application for immigration bail under paragraph 1(3)

of Schedule 10 of the Immigration Act 2016.(9) In this section, “Tribunal” means the First-Tier Tribunal.

(10) The Secretary of State shall provide to “P” or “P’s” legal representative, not morethan 24 hours after the relevant time, copies of all documents in the Secretary ofState’s possession which are relevant to the decision to detain.

(11) At the initial bail hearing, the Tribunal shall not consider any documents reliedupon by the Secretary of State which were not provided to “P” or “P’s” legalrepresentative in accordance with subsection (10), unless—

(a) “P” consents to the documents being considered; or(b) in the opinion of the Tribunal there is a good reason why the documents

were not provided to “P” or to “P’s” legal representative in accordancewith subsection (10).

(12) The Immigration Act 2016 is amended as follows—(a) After paragraph 12(4) of schedule 10 insert—

“(4A) Sub-paragraph (2) above does not apply if the refusal of bailby the First tier Tribunal took place at an initial bail hearingwithin the meaning of section [Bail hearings (No. 2)] of theImmigration and Social Security Co-ordination (EUWithdrawal) Act 2019.”.”




Sir Edward Davey Jonathan Edwards Ben LakeLiz Saville Roberts Hywel Williams Gavin NewlandsMr Andrew Mitchell Ms Harriet Harman Paul BlomfieldRosie Duffield Tonia Antoniazzi Jess PhillipsTulip Siddiq Christine Jardine Jo StevensTom Brake Stella Creasy Ms Karen BuckYvonne Fovargue Julie Cooper Rachel ReevesEmma Hardy Helen Hayes Thelma WalkerYasmin Qureshi Dr Rosena Allin-Khan Liz KendallSeema Malhotra Daniel Zeichner Owen SmithAlex Sobel Stephen Timms Alex CunninghamIan Murray Richard Burgon Lilian GreenwoodRushanara Ali Shabana Mahmood Anna McMorrinLiz McInnes Dr Roberta Blackman-Woods Dr Paul WilliamsYvette Cooper Andy Slaughter Matthew PennycookClive Efford Mrs Sharon Hodgson Kate GreenKerry McCarthy Danielle Rowley Debbie AbrahamsEmma Reynolds Wera Hobhouse Nic DakinHeidi Allen Jim Shannon Jamie StoneLayla Moran Caroline Lucas Tim FarronHenry Smith Mr Alistair Carmichael Norman LambMr Barry Sheerman Mr Dominic Grieve Stephen DoughtySir Vince Cable Mrs Pauline Latham Steve DoubleStephen Twigg Mr Gavin Shuker Jeremy Lefroy


“Commencement of detention provisions (No. 2)(1) Sections [Time limit on immigration detention for EEA and Swiss Nationals],

[Initial detention: criteria and duration (No. 2)] and [Bail hearings (No. 2)] comeinto force six months after the day on which this Act is passed.



Sir Edward DaveyChristine JardineTom BrakeWera HobhouseJamie StoneLayla Moran

Tim Farron Mr Alistair Carmichael Norman LambKate Green Sir Vince Cable


“Data protection: immigration (EEA and Swiss nationals)(1) The Data Protection Act 2018 is amended in accordance with subsection (2).(2) In paragraph 4 of schedule 2, after sub-paragraph (4) insert—

“(5) This paragraph does not apply if the data subject is an EEA or Swissnational or a dependent of an EEA or Swiss national.””


Tim Farron Mr Alistair Carmichael Norman LambSir Vince Cable Mr Gavin Shuker


“EU Settlement Scheme: removal of deadline

The Secretary of State must make provision to ensure that EEA and Swissnationals, and their family members, who are resident in the United Kingdom onor prior to 31 December 2020 can apply for settled status at any time.”




Tim Farron Mr Alistair Carmichael Norman LambSir Vince Cable


“EU Settlement Scheme: physical documented proof

The Secretary of State must make provision to ensure that EEA and Swissnationals and their family members who are granted settled or pre-settled statusare provided with physical documented proof of that status.”

Sir Edward DaveyChristine JardineAfzal KhanMs Diane AbbottTom BrakeWera Hobhouse

Jamie Stone Layla Moran Tim FarronMr Alistair Carmichael Norman Lamb Caroline LucasLiz Saville Roberts Hywel Williams Jonathan EdwardsBen Lake Mr Roger Godsiff Sir Vince CableKerry McCarthy Mr Gavin Shuker


“Right to rent (EEA and Swiss nationals)

The Secretary of State must make provision to ensure that EEA and Swissnationals, and dependants of EEA and Swiss nationals, are not subjected to rightto rent immigration checks.



Afzal KhanMs Diane Abbott Paul Blomfield


“Settled status(1) Any person who has their right of free movement removed by the provisions

contained in this Act has the right of settled status in the United Kingdom if thatperson —

(a) is an EEA or Swiss national;(b) is a family member of an EEA or Swiss national or person with derived

rights; (c) is resident in the United Kingdom on or prior to 31 December 2020.

(2) Family members of any person (“P”) with settled status under the provisions ofsubsection (1) are entitled to settled status in the United Kingdom after 31December 2020 if—

(a) the family member’s relationship with “P” began before 31 December2020; and

(b) the family member continues to be a family member of “P” when thefamily member applies for settled status.

(3) Any family member of any person with settled status under the provisions ofsubsection (1) is eligible for a family visa to live in the United Kingdom if thatrelationship began after 31 December 2020.

(4) Any children born in the United Kingdom to a person granted settled status underthe provisions of this section is a British citizen.

(5) Any person who is entitled to settled status under this section has the sameprotection against expulsion as defined in Chapter 6 of Directive 2004/38/EC ofthe European Parliament and Council.

(6) The Secretary of State must ensure that any person entitled to settled status underthis section receives a physical document confirming their settled status via asystem of registration.

(7) No fee may be charged for applications to register for settled status under thissection.

(8) Any person who has acquired settled status under the provisions of this section isentitled to—

(a) remain in the United Kingdom indefinitely;(b) apply for British citizenship;(c) work in the United Kingdom;(d) use the National Health Service;(e) enrol in all educational courses in the United Kingdom;(f) access all benefits and pensions, if they meet the eligibility requirements.

(9) A person’s right to use the National Health Service, enrol in educational coursesand access all benefits and pensions under subsection (9), is the same as that of aBritish national.

(10) Any person who is entitled to settled status under this section loses their settledstatus only if—

(a) they are absent from the United Kingdom for a period exceeding fivecontinuous years after 31 December 2021; or

(b) the criteria for expulsion as set out in Chapter 6 of Directive 2004/38/ECof the European Parliament and Council apply to them.



(11) A person who is the subject of a Settled Status Decision may appeal that decisionto the First-tier Tribunal (Immigration and Asylum Chamber).

(12) A Settled Status Decision includes a decision relating to—(a) a person’s entitlement to be admitted to the United Kingdom as a person

with settled status;(b) a person’s entitlement to be issued with or have renewed, or not to have

revoked, confirmation of their settled status;(c) a person’s removal from the United Kingdom when that person claims to

have settled status; or(d) the cancellation of a person’s right to settled or pre-settled status.

(13) A person’s claimed right to remain and associated rights in the UK are protectedpending the outcome of an appeal under subsection (12).

(14) In this section, “family member” has the meaning given in Directive 2004/38/ECof the European Parliament and Council.

(15) This section applies if the United Kingdom leaves the European Union—(a) following a ratified and implemented withdrawal agreement; or(b) without a ratified and implemented withdrawal agreement.”

Afzal KhanMs Diane Abbott Kate Green


“Hostile environment: review of legislation affecting EEA nationals(1) The Secretary of State shall carry out a review of the hostile environment

legislation that will apply to people whose right of free movement is ended undersection 1 and schedule 1 of this Act.

(2) The Secretary of State must lay a report of the review in subsection (1) before theHouse of Commons within six months of the passing of this Act.

(3) In this section, “hostile environment legislation” means—(a) sections 34 to 45 of the Immigration Act 2016;(b) sections 20 to 47 of the Immigration Act 2014;(c) sections 15 to 26 of the Immigration, Asylum and Nationality Act 2006.”



Neil CoyleKate OsamorMs Harriet HarmanKate GreenCaroline Lucas


“Recourse to public funds: EEA and Swiss nationals with children(1) EEA and Swiss nationals with dependants under the age of 18 must be exempt

from any no recourse to public funds condition that would otherwise be placed onthem under Immigration Rules.

(2) For the purposes of this section, a public fund is defined as any of the following—(a) attendance allowance;(b) carer’s allowance;(c) child benefit;(d) child tax credit;(e) council tax benefit;(f) council tax reduction;(g) disability living allowance;(h) discretionary support payments by local authorities or the devolved

administrations in Scotland and Northern Ireland which replace thediscretionary social fund;

(i) housing and homelessness assistance;(j) housing benefit;(k) income-based jobseeker’s allowance;(l) income related employment and support allowance (ESA);

(m) income support;(n) personal independence payment;(o) severe disablement allowance;(p) social fund payment;(q) state pension credit;(r) universal credit;(s) working tax credit;(t) Immigration Health Surcharge (IHS).”

Member’s explanatory statement This new clause would prevent EEA and Swiss families with children under the age of 18 frombeing given the right to remain in the UK but not being allowed access to public funds.



Kate GreenTim Farron


“Application system for EEA and Swiss nationals granted settled status to apply for British citizenship

(1) The Secretary of State must, within 6 months of this Act receiving Royal Assent,establish a bespoke system for EEA and Swiss nationals who have been grantedsettled status to apply for British citizenship.

(2) The application system established under subsection 1 must not contain aminimum length of time that applicants must have held settled status for beforethey are eligible to apply for British citizenship.

(3) The Secretary of State must ensure that any fees charged to applicants applyingunder the scheme are commensurate to the cost of administering an individualapplication.”

Member’s explanatory statement This new clause would require the Government to create a bespoke pathway from Settled Status toBritish Citizenship.

Joseph JohnsonPaul BlomfieldCarol MonaghanLayla MoranPaul GirvanMr David Davis

Robert Halfon Priti Patel Michael TomlinsonMr Andrew Mitchell Conor Burns Zac GoldsmithAngus Brendan MacNeil Hilary Benn Mr Sam GyimahNorman Lamb Alberto Costa Mr Jonathan DjanoglyEmma Little Pengelly Meg Hillier George FreemanNicky Morgan Stephen Crabb Boris JohnsonTom Tugendhat Yvette Cooper Stephen MetcalfeAngela Rayner Dr Roberta Blackman-Woods Mark GarnierMs Diane Abbott Rachel Reeves Bob StewartJustine Greening Gordon Marsden Mr Edward VaizeyStuart C. McDonald Afzal Khan Mr William WraggDr Phillip Lee Tom Brake Dr Sarah WollastonJonathan Edwards Stella Creasy Chris BryantPeter Kyle Jo Swinson Mr Ben BradshawDr Philippa Whitford Caroline Lucas Alison McGovernStephen Doughty Dr Paul Williams Chuka UmunnaHeidi Allen Anna Soubry Liz KendallPhil Wilson Kate Green Keith VazGeraint Davies Neil Coyle Sir Nicholas SoamesLiz Saville Roberts Hywel Williams Ben LakeSir Graham Brady Mr Virendra Sharma Kerry McCarthyNic Dakin Preet Kaur Gill Jo Stevens



Mr Jim Cunningham Mr Kenneth Clarke Tim LoughtonNick Boles Ross Thomson Mr Gavin ShukerPaul Farrelly Fiona Bruce Dr Matthew OffordJeremy Lefroy


“Exclusion of EEA higher education students from limits on visa numbers(1) EEA and Swiss nationals granted leave to enter and study a higher education

course at a higher education institution in the United Kingdom must not becounted towards, or included in, any numerical limit on the number of entry visasissued.

(2) The Secretary of State must make provision to ensure all EEA and Swissnationals who have lawfully entered the UK for the purposes of studying a highereducation course at a higher education institution are entitled to enter and toremain to search for work or gain work experience in the United Kingdom for aperiod of at least two years after the completion of their higher education course.

(3) In this section—(a) “EEA national” means—

(i) a member state of the European Union; or(ii) Liechtenstein, Iceland, Norway or Switzerland.

(b) “higher education institution” means—(i) in England, an “English Higher Education Provider” as defined

by section 83 of the Higher Education and Research Act 2017;(ii) in Northern Ireland, a higher education institution as defined by

Article 30(3) of the Education and Libraries (Northern Ireland)Order 1993 (SI 1993/2810 (NI 12)) and an institution of furthereducation that provides higher education within the meaning ofthe Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) (see Articles 2 and 16 of that Order);

(iii) in Scotland, a higher education institution within the meaning ofthe Further and Higher Education (Scotland) Act 1992 (seesection 38 of that Act) and a post-16 education body within themeaning of section 35(1) of the Further and Higher Education(Scotland) Act 2005;

(iv) in Wales, an institution which provides a course of anydescription mentioned in Schedule 6 to the Education ReformAct 1988 and is a “regulated institution” within the meaning ofthe Higher Education (Wales) Act 2015.

(c) “higher education course” means—(i) in England and Wales, a course of any description mentioned in

Schedule 6 to the Education Reform Act 1988;(ii) in Northern Ireland, a course of any description mentioned in

Schedule 1 to the Further Education (Northern Ireland) Order1997 (SI 1997/1772 (NI 15));

(iii) in Scotland, a course of any description falling within section 38of the Further and Higher Education (Scotland) Act 1992 orsection 5(3) of the Further and Higher Education (Scotland) Act2005.”



Christine JardineNC19

To move the following Clause—

“Settled status: right to appeal(1) A person may appeal against a Settled Status Decision to the First-tier Tribunal.(2) A Settled Status Decision includes a decision—

(a) to refuse to grant leave to remain under Appendix EU of the ImmigrationRules made under section 3(2) of the Immigration Act 1971; or

(b) to grant limited leave to remain under Appendix EU of the ImmigrationRules made under section 3(2) of the Immigration Act 1971 to a personwho has applied for indefinite leave to remain under that Appendix.

(3) An appeal against a decision under subsection (2)(b) may be brought only on thegrounds that the person is entitled to indefinite leave to remain under AppendixEU of the Immigration Rules.

(4) While an appeal under subsection 2)(a) is pending, the person concerned shall bedeemed to have all the rights associated with indefinite leave to remain underAppendix EU of the Immigration Rules in particular as concerns residence,employment, access to social security benefits and other services.

(5) While an appeal under subsection (2)(b) is pending, the limited leave to remaingranted under Appendix EU to the Immigration Rules shall continue in force.

(6) “Pending” shall have the same meaning for the purposes of subsections (4) and(5) above as in section 104 of the Nationality, Immigration and Asylum Act2002.”

Kate Green5

Clause 4, page 2, line 35, at end insert—“(1A) Before a statutory instrument or draft statutory instrument under subsection (1) is

laid before Parliament, the relevant Minister must—(a) publish a statement setting out the full and precise details for the

Minister’s view that the proposed regulations are compatible with theEuropean Convention on Human Rights;

(b) publish a statement that, in relation to the proposed regulations, theMinister has, so far as is required by section 149 of the Equality Act2010, had due regard to the need to—

(i) eliminate discrimination, harassment, victimisation and anyother conduct that is prohibited by or under the Equality Act2010;

(ii) advance equality of opportunity between persons who share arelevant protected characteristic and those who do not share it;and

(iii) foster good relations between persons who share a relevantprotected characteristic and those who do not share it; and

(c) include in the statement in paragraph (b) the full and precise details of theMinister’s conclusions on the impact of the proposed regulations on thematters set out in sub-paragraphs (i) to (iii) of paragraph (b).”




Tim Farron Mr Alistair Carmichael Norman LambSir Vince Cable

3Clause 4, page 3, line 10, at end insert—

“(5A) Regulations under subsection (1) must provide that EEA and Swiss nationals, andadult dependants of EEA and Swiss nationals, who are applying for asylum in theUnited Kingdom, may apply to the Secretary of State for permission to take upemployment if a decision at first instance has not been taken on the applicant’sasylum application within 3 months of the date on which it was recorded.”

Kate GreenTim LoughtonLiz Saville RobertsBen LakeHywel WilliamsJonathan Edwards

Ms Harriet Harman Dame Caroline Spelman Caroline LucasAfzal Khan Jess Phillips Jo StevensAndy Slaughter Owen Smith Debbie AbrahamsIan Murray Dr Roberta Blackman-Woods Kerry McCarthyLilian Greenwood Alison McGovern Stella CreasyLouise Haigh Richard Burden Ms Karen BuckStephen Timms Lisa Nandy Gareth ThomasShabana Mahmood Chris Bryant Dr Rupa HuqDiana Johnson Paul Blomfield Ruth CadburyMary Creagh Daniel Zeichner Matthew PennycookDr Paul Williams Thelma Walker Tulip SiddiqHelen Hayes Alex Cunningham Nic Dakin


“(5A) Any regulations issued under subsection (1) which enable children who are EEAor Swiss nationals or family members of EEA or Swiss nationals to be removedfrom the United Kingdom must include—

(a) a requirement to obtain an individual Best Interests Assessment before adecision is made to remove the child; and

(b) a requirement to obtain a Best Interest Assessment in relation to any childwhose human rights may be breached by a decision to remove.

(5B) The assessment under subsection (5A) must cover, but is not limited to—(a) the ascertainable wishes and feelings of the child concerned (considered

in the light of his or her age and understanding);(b) the child’s physical, emotional and educational needs;(c) the likely effects, including psychological effects, on the child of the

removal;(d) the child’s age, sex, background and any characteristics of the child the

assessor considers relevant;(e) any harm which the child is at risk of suffering if the removal takes place;



(f) how capable the parent facing removal with the child, and any otherperson in relation to whom the assessor considers the question to berelevant, is of meeting his or her needs;

(g) the citizenship rights of the child including whether they may be statelessand have rights to British citizenship.

(5C) The assessment must be carried out by a suitably qualified and independentprofessional.

(5D) Psychological or psychiatric assessments must be obtained as part of a BestInterest Assessment in appropriate cases.

(5E) The results of the assessment must be recorded and provided to the child inwriting.

(5F) In section 5A above, “family member” has the meaning given in Directive 2004/38/EC of the European Parliament and Council.”

Member’s explanatory statement This amendment would ensure that a Best Interest Assessment must be carried out and recordedin writing before a decision is taken to remove a child who is an EEA or Swiss national, or thefamily member of an EEA or Swiss national, from the UK. This would apply to children with rightsderived from EU law, unaccompanied children at risk of removal and children who may beseparated from their parents or carers by a removal decision.

Kate Green7

Clause 4, page 3, line 10, at end insert—“(5A) Any regulations made under subsection (1) which introduce a short-term work

visa scheme for any sector or sectors must ensure that workers are providedwith—

(a) a guarantee on the length of employment and the minimum number ofhours that will be available for a person holding a visa to work;

(b) information stating the full cost of any visa fees or other costs charged bythe government in connection with a short-term visa;

(c) access to a multilingual helpline to provide advice on workers’ rights andopportunities for complaint and redress;

(d) the ability to change employers without needing to seek approval from anemployer or labour intermediary;

(e) a wage which must not be lower than whichever of the following is thehighest—

(i) the National Minimum Wage;(ii) a wage set by any relevant trade union collective agreement;

(iii) the average wage for UK national workers who are employeddoing the same work; or

(iv) wage rates set by the Government for the specific scheme;(f) information regarding any legal deductions or charges an employer or

labour intermediary can make for services; and(g) information on working conditions and employment rights in the United

Kingdom which must be given to workers—(i) at least six weeks before they arrive in the United Kingdom; and

(ii) within two weeks of their arrival in the United Kingdom.”



Afzal KhanMs Diane AbbottRichard BurgonImran HussainGloria De PieroYasmin Qureshi


“(7A) Section 1 of this Act cannot come into force until the Secretary of State hasensured that legal aid is available to all EEA and Swiss nationals, and their familymembers, who are domiciled or habitually resident in the UK for Early LegalHelp on immigration matters.”

Caroline LucasMr David LammyLiz Saville RobertsHywel WilliamsJonathan EdwardsBen Lake

Mr Roger Godsiff6

Clause 7, page 5, line 39, at end insert —“(8A) Regulations under subsection (8) may not be made until the Government has

brought forward legislative measures to repeal the legislation on the hostileenvironment.

(8B) In this section, “the legislation on the hostile environment” means —(a) sections 20-47 of the Immigration Act 2014;(b) sections 34-45 of the Immigration Act 2016; and(c) sections 15-26 of the Immigration, Asylum and Nationality Act 2006.

Member’s explanatory statement This amendment would prevent the Government from bringing into force the parts of the Bill thatwould end freedom of movement for EEA and Swiss nationals until the Government has takenlegislative measures to repeal the hostile environment, including, but not restricted to, thosemeasures relating to the right to rent policy, the NHS health surcharge, workplace immigrationchecks and restrictions on driving and banking.

Afzal KhanMs Diane Abbott


“(10A) Section 4 and section 7(5) of this Act expire at the end of a period of one yearbeginning with the day on which this Act is passed.”

ORDER OF THE HOUSE [28 JANUARY 2019]

That the following provisions shall apply to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill:

Committal

1. The Bill shall be committed to a Public Bill Committee.



Proceedings in Public Bill Committee

2. Proceedings in the Public Bill Committee shall (so far as not previouslyconcluded) be brought to a conclusion on Thursday 7 March.

3. The Public Bill Committee shall have leave to sit twice on the first day onwhich it meets.

Proceedings on Consideration and up to and including Third Reading

4. Proceedings on Consideration and any proceedings in legislative grandcommittee shall (so far as not previously concluded) be brought to aconclusion one hour before the moment of interruption on the day on whichproceedings on Consideration are commenced.

5. Proceedings on Third Reading shall (so far as not previously concluded) bebrought to a conclusion at the moment of interruption on that day.

6. Standing Order No. 83B (Programming committees) shall not apply toproceedings on Consideration and up to and including Third Reading.

Other proceedings

7. Any other proceedings on the Bill may be programmed.

NOTICES WITHDRAWN

The following Notices were withdrawn on 18 March 2019:

NC9

Documents

House of Commons€¦ · Debbie Abrahams Emma Reynolds Wera Hobhouse Ruth George Nic Dakin Heidi Allen Jim Shannon Jamie Stone Tim Farron Mr Alistair Carmichael Layla Moran Caroline