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

Baroness Laing of Elderslie Excerpts

Report stage & Report stage: House of Commons
Tuesday 30th June 2020 Commons Chamber

[Brendan O'Hara]

Very briefly, I thank all Members who have contributed to the debate. I thank Robert McGeachy of Camphill Scotland on a personal level for all the help he has given me, and I thank the Minister for replying to the debate, although I am very disappointed he has refused to accept new clause 1. It is beyond me why a Government would refuse an opportunity to say to the health and social care sector and its users that they understand the concerns, they have a plan, they know what they are doing and they would welcome transparency.

New clause 1 gives the Government the opportunity to make up for not having done a proper impact assessment and not having put in place any mechanism whatever for this House and other Parliaments across these islands to be able to assess and measure the effectiveness or otherwise of the Bill. For that reason, I will test the will of the House this evening and press new clause 1 to a Division.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before I put the Question, I have to remind Members who are proxy voting that they need to email the Public Bill Office after each Division and that they need to specify which Division they are voting in each time. I also remind Members that I will lock the doors after 15 minutes for this Division and, if possible—if Members move fairly quickly—after 12 minutes for any subsequent successive Division.

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The list of Members currently certified as eligible for a proxy vote, and of the Members nominated as their proxy, is published at the end of today’s debates.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Under Standing Order No. 9(3) and the Order of the House of 18 May, I must now put the Questions necessary to dispose of the new clauses selected for separate decision. Before I put the Question on new clause 7, I must inform the House that there is an error in the text published on the amendment paper. Lines 4 and 5 of new clause 7—the 11 words beginning with “(a)”—are duplicate text and should not have appeared. I do not think that that will make much difference to Members’ judgment as to whether they intend to support the new clause.

The Deputy Speaker then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

New Clause 7

Time limit on immigration detention for EEA and Swiss nationals

‘(1) For the purpose of this section, a person (“P”) is defined as any person who, immediately before the commencement of Schedule 1, was—

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

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

(ii) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or

(iii) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section 4 of the EU Withdrawal Act 2018, to be recognised 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 the relevant time.

(3) If “P” remains detained under a relevant detention power at the expiry of the period 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 has been a material change of circumstances since “P’s” release and that the criteria in section [Initial detention: criteria and duration (No. 2)] 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 a relevant detention power.

(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.’—(Mr Davis.)

Brought up.

Question put, That the clause be added to the Bill.

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The House proceeded to a Division.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. In the exceptional circumstances that have just been reported to me about an error made in the way in which Members were guided through St Stephen’s Hall and into Members Lobby, it has come to my attention that some Members were, correctly and in an orderly fashion, in the queue to vote and have been unable to do so. Fortunately, this matter has been reported to me before the Tellers have reported the numbers. I am therefore going to unlock the doors in order that the Members who have not already voted in the Division on new clause 29 and who are now present in the Division Lobby ready to vote may very swiftly and immediately do so.