With this it will be convenient to discuss the following:
New clause 17—Residential Tenancies: repeal of provisions of the Immigration Act 2014—
‘(1) The Immigration Act 2014 is amended as follows.
(2) Omit sections 20-37, 74 (2)(a) and Schedule 3.”
Repeals the provisions of the Immigration Act 2014 in relation to the right to rent.
Amendment 18, page 1, line 9, in clause 1, at end insert—
‘(3A) The matters to which the Director must have regard in pursuance of his or her functions include the provision of assistance and support to victims of non-compliance in the labour market, as defined under subsection (3)(1).’
To ensure that the functions of the Director of Labour Market Enforcement are exercised for the purpose of protecting the victims of labour market exploitation and to make this explicit on the face of the Bill, mirroring section 41 of the Modern Slavery Act in respect of the Anti-Slavery Commissioner established by that Act.
Amendment 19, page 5, line 2, leave out clause 8.
To omit the clause on the new illegal working offence and maintain the status quo.
Amendment 20, page 5, line 9, in clause 8, after “if” insert “without reasonable cause”.
To provide for a defence against the offence of illegal working.
Amendment 33, page 7, line 11, in clause 9, leave out subsection (1) and insert—
“(1) In section 21 of the Immigration, Asylum and Nationality Act 2006 (offence of knowingly employing illegal worker), leave out subsection (1) and substitute—
(1) A person commits an offence if he knowingly or recklessly employs an adult subject to immigration control, where—
(a) this adult has not been granted leave to enter or remain in the United Kingdom, or
(b) this adult’s leave to enter or remain in the United Kingdom—
(i) is invalid,
(ii) has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
(iii) is subject to a condition preventing him from accepting the employment.”
To restrict the criminal offence of “employing illegal worker” to where this has been done “knowingly or recklessly”.
Amendment 47, page 7, line 36, in clause 10, leave out “Scotland or”.
Removes the power for the Secretary of State to make regulations relating to illegal working extending to Scotland.
Amendment 48, page 7, leave out line 41.
Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to illegal working.
Amendment 49, page 8, line 5, leave out “an Act of the Scottish Parliament or”.
Definitional change for purposes of amendments 47 and 48.
Amendment 50, page 8, line 6, leave out “under such an Act or”.
Definitional change for the purposes of amendment 49.
Amendment 51, page 8, line 13, in clause 11, leave out “Scotland or”.
Removes the power for the Secretary of State to make regulations relating to illegal working in relation to private hire vehicles extend to Scotland.
Amendment 52, page 8, leave out line 18.
Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to illegal working relating to private hire vehicles.
Amendment 53, page 8, line 25, leave out paragraph (b).
Definitional change for purposes of amendments 51 and 52.
Amendment 35, page 9, line 4, leave out clauses 13 to 16.
Removes the extension of the right to rent legislation in the Bill.
Amendment 46, page 9, line 31, in clause 13, at end insert—
‘(5A) A landlord will not commit an offence under subsection (1) if—
(a) the landlord enters a residential tenancy agreement with an organisation or person who is supporting an adult mentioned in in subsection (2);
(b) the rental payment received by the landlord as a result of this tenancy does not significantly exceed the costs that are incurred by the landlord for having the adult occupy the premises.”.
Ensures that a landlord who has agreed by working with an organisation/charity to provide accommodation to support failed asylum seekers are exempt from committing an offence.
Amendment 22, page 10, line 4, at end insert—
‘(8A) A landlord does not commit an offence under this section during the period of 28 days specified in section 33D (4).”
To protect a landlord/landlady from prosecution for renting to a person without a right to rent during the period for which they are prohibited from evicting the tenant under section 33D(4).
Amendment 23, page 12, line 1, in clause 14, leave out subsection (2).
To remove the provisions providing for summary eviction.
Amendment 24, page 13, line 18, leave out “Sections 33D and” and substitute “Section”.
See explanatory note for amendment 23.
Amendment 25, page 13, leave out line 24.
See explanatory note for amendment 23.
Amendment 26, page 13, line 26, leave out subsections (5) to (7).
See explanatory note for amendment 23.
Amendment 54, page 17, line 7, in clause 16, leave out “, Scotland”.
Removes the power for the Secretary of State to make regulations in relation to the right to rent scheme extending to Scotland.
Amendment 55, page 17, line 10, leave out “, Scotland”.
See explanatory statement for amendment 54.
Amendment 56, page 17, leave out line 17.
Prevents the Secretary of State making regulations that confer functions on Scottish Ministers in relation to the right to rent scheme.
Amendment 57, page 17, line 27, leave out paragraph (c).
Definitional change for the purposes of amendments 55 and 56.
Amendment 41, page 50, line 4, in clause 57, at end insert—
“(7) Regulations made under—
(a) section 10;
(b) section 11; or
(c) section 16
of this Act shall not come into force in Scotland without the consent of the Scottish Parliament.”
Ensures regulations made under the relevant sections cannot extend to Scotland without the consent of the Scottish Parliament.
Amendment 21, page 50, line 9, in clause 58, at end insert—
‘(2A) Section 13 shall come into force subject to the conditions set out subsection (2B).
(2B) The Secretary of State must prepare and publish an evaluation of the national implementation of provisions contained in sections 20 to 37 and Schedule 3 to the Immigration Act 2014, and must lay a copy of the report before Parliament.
(2C) The report in subsection (2B) must include an assessment of the impact of those provisions on—
(a) individuals who have a protected characteristic as defined in Part 2, Chapter 1 of the Equality Act 2010, and
(b) British citizens who do not hold a passport or UK driving licence.”
This amendment would require the Secretary of State to lay before Parliament an evaluation of the national roll out of the 2014 Right to Rent Scheme before the new offences in clause 13 come into force.
New clause 8—Detention of persons—exempted persons—
In paragraph 16 of Schedule 2 to the Immigration Act 1971, after subsection (4) insert—
“(5) A person may not be detained under this paragraph if they are—
(a) a woman who—
(i) states that she is pregnant, where this is confirmed to be the case or,
(ii) is reasonably suspected to be pregnant by an immigration officer;
(b) a person whose initial claim for asylum to the United Kingdom was based on being a victim of one of the following:
(i) human trafficking;
(ii) torture;
(iii) sexual violence;
(c) a member of any other group as may be prescribed in regulations by the Secretary of State.”
This amendment would provide that pregnant women, people who claimed asylum as victims of trafficking, torture or sexual violence, and any other group prescribed by the Secretary of State, may not be detained pending an examination or decision by an immigration officer.
New clause 9—Time limit on detention—
In paragraph 16 of Schedule 2 to the Immigration Act 1971 after subsection (4) insert—
“(5) Subject to subsection (6), no person shall be detained under this paragraph for more than 28 days.
(6) Subsection (5) shall not apply where the person detained under this paragraph has a criminal conviction with a sentence of imprisonment for three months or more.”
This amendment provides that people shall not be detained pending an examination/a decision by an immigration officer for more than 28 days, unless they have a criminal conviction.
New clause 13—Review of Immigration Detention—
“(1) Before the end of the period of three months beginning on the day on which subsection (1) of section 32 comes into force, the Secretary of State must commission a report on detention under paragraph 16 of Schedule 2 to the Immigration Act 1971 that addresses the following matters—
(a) the process for, and detail of, introducing a statutory maximum limit of 28 days on the length of time an individual can be detained under that paragraph;
(b) how to reduce the number of people detained under that paragraph;
(c) how to minimise the length of time an individual is detained under that paragraph;
(d) the effectiveness of detention in meeting the Secretary of State’s objectives; and
(e) the effectiveness of procedures to review decisions to detain and to continue to detain.
(2) The Report must be published by a panel appointed by the Secretary of State.
(3) The panel appointed under subsection (2) must be independently chaired.
(4) On completion of the report, the Chair of the panel must send it to the Secretary of State.
(5) The Secretary of State must lay before parliament a copy of the report received under subsection (4).”
Reflecting the unanimous agreement of the House of Commons to the recommendations of the joint APPG on Refugees and APPG on Migration inquiry into immigration detention, the new clause requires the Secretary of State to appoint an independently-chaired panel to consider the issues raised therein and report to Parliament within three months of Schedule 7 to the Bill coming into force.
Amendment 32, page 97, line 22, in schedule 7, at end insert—
“(2A) The Secretary of State must grant a person bail if a person is detained under a provision mentioned in sub-paragraph (1) after no later than the 28 day following that on which the person was detained.”
To introduce a 28 day time limit on the amount of time a person can be kept in immigration detention.
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