Nationality and Borders Bill

Stephen Flynn Excerpts

Report stage & 3rd reading
Wednesday 8th December 2021 Commons Chamber

15:35

Division 142

Ayes: 231

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Labour: 168
Scottish National Party: 37
Liberal Democrat: 11
Independent: 4
Plaid Cymru: 3
Social Democratic & Labour Party: 2
Alba Party: 2
Alliance: 1
Green Party: 1

Noes: 300

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Conservative: 292
Democratic Unionist Party: 5
Independent: 1

[Stephen Flynn (Aberdeen South) (SNP)]

On a point of order, Madam Deputy Speaker—

[Madam Deputy Speaker (Dame Eleanor Laing)]

I am not taking your point of order. Sit down—[Interruption.] Sit down! I am not taking any points of order—

[Stephen Flynn]

rose—

[Madam Deputy Speaker]

Sit down! I am not taking a point of order. It would have to be about the Division that we have just had—[Interruption.] Sit down!

Clause 60

Identified potential victims of slavery or human trafficking: recovery period

Amendments made: 64, page 59, line 1, leave out subsection (2).

This amendment removes the requirement that there must be at least 30 days between the making of a positive reasonable grounds decision in relation to an identified potential victim of slavery or human trafficking and the making of a conclusive grounds decision.

Amendment 65, page 59, line 4, at beginning insert “Subject to section 62(2),”.

This is a drafting amendment to make it clear that the prohibition on removal of an identified potential victim does not apply where they are disqualified from protection under clause 62 as a threat to public order or for having acted in bad faith.

Amendment 66, page 59, line 10, leave out paragraph (b) and insert—

“(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the identified potential victim;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”—(Rachel Maclean.)

This amendment is consequential on Amendment 64. It ensures that an identified potential victim is entitled to a recovery period (giving protection from removal) of at least 30 days even where a conclusive grounds decision is made within 30 days of the positive reasonable grounds decision.

Clause 61

No entitlement to additional recovery period etc

Amendments made: 67, page 59, line 17, after “person” insert

“, in a case where the reasonable grounds for believing that the person is a victim of slavery or human trafficking arise from things done wholly before the first RG decision was made”.

This amendment corrects a drafting error in the definition of “further RG decision”.

Amendment 68, page 59, line 18, leave out paragraph (c).

This amendment is consequential on Amendment 67.

Amendment 69, page 59, line 21, leave out subsections (2) to (4) and insert—

“(2) If the competent authority considers it appropriate in the circumstances of a particular case, the authority may determine that the person may not be removed from, or required to leave, the United Kingdom during the period—

(a) beginning with the day on which the further RG decision is made, and

(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).

This is subject to section 62(2).”—(Rachel Maclean.)

This amendment removes the disapplication of a requirement to make a conclusive grounds decision following a “further RG decision” and instead provides that, although an identified potential victim is not automatically entitled to protection from removal following a further RG decision, the competent authority may decide that it is appropriate to give them that protection.

Clause 62

Identified potential victims etc: disqualification from protection

Amendments made: 70, page 60, line 1, leave out paragraph (a).

This amendment is consequential on Amendments 64 and 69.

Amendment 71, page 60, line 4, at end insert “, and

(c) any requirement under section 64 to grant the person limited leave to remain in the United Kingdom.”—(Rachel Maclean.)

This amendment provides that if an identified potential victim is disqualified from protection (on the grounds of public order or acting in bad faith) but goes on to receive a positive conclusive grounds decision, any requirement to grant them leave to remain in the United Kingdom that would otherwise arise under clause 64 ceases to apply.

Clause 63

Identified potential victims etc in England and Wales: assistance and support

Amendments made: 72, page 61, line 28, leave out from “any” to “arising” in line 29 and insert

“physical, psychological or social harm”.

This amendment changes the reference to “social well-being” to “social harm” to follow more closely the language of the Council of Europe Convention on Action against Trafficking in Human Beings.

Amendment 73, page 61, line 35, leave out paragraph (b).

This amendment is consequential on Amendment 69.

Amendment 74, page 61, line 43, leave out paragraph (b) and insert—

“(b) ending with whichever of the following is the later—

(i) the day on which the conclusive grounds decision is made in relation to the further RG decision;

(ii) the end of the period of 30 days beginning with the day mentioned in paragraph (a).”

This amendment is consequential on Amendment 64.

Amendment 75, page 61, line 45, leave out subsection (5).—(Rachel Maclean.)

This amendment is consequential on Amendment 73.

Clause 64

Leave to remain for victims of slavery or human trafficking

Amendments made: 78, page 62, line 23, leave out “give” and insert “grant”.

This amendment and Amendments 81 to 83 make minor drafting changes for consistency with related provisions on the statute book.

Amendment 76, page 62, line 26, after “any” insert “physical or psychological”.

This amendment removes assisting a victim of slavery or human trafficking in their recovery from harm to their social well-being from the list of purposes for which the Secretary of State is required to give a victim limited leave to remain the United Kingdom.

Amendment 77, page 62, line 27, leave out from “exploitation” to end of line 28.

This amendment is consequential on Amendment 76.

Amendment 79, page 62, line 33, at end insert—

“(2A) Subsection (2) is subject to section 62(2).”

This amendment is consequential on Amendment 71.

Amendment 80, page 63, line 3, leave out “as” and insert

“which may be, but does not need to be, an agreement”.

This amendment makes it clear that a trafficking victim may be removed to a country which is not a signatory to the Council of Europe Convention on Action against Trafficking in Human Beings, if the UK has made an agreement with that country.

Amendment 81, page 63, line 9, leave out “give” and insert “grant”.

See the explanatory statement for Amendment 78.

Amendment 82, page 63, line 11, leave out “given” and insert “granted”.

See the explanatory statement for Amendment 78.

Amendment 83, page 63, line 12, leave out “given” and insert “granted”.—(Rachel Maclean.)

See the explanatory statement for Amendment 78.

Clause 81

Extent

Amendment made: 84, page 79, line 4, leave out subsections (4) and (5) and insert—

“(4) Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(5) A power under any provision listed in subsection (6) may be exercised so as to extend (with or without modification) to any of the Channel Islands or the Isle of Man any amendment or repeal made by or under this Act of any part of an Act to which the provision listed in subsection (6) relates.

(6) Those provisions are—

(a) section 36 of the Immigration Act 1971,

(b) section 15(1) of the Asylum and Immigration Appeals Act 1993,

(c) section 13(5) of the Asylum and Immigration Act 1996,

(d) section 9(3) of the Special Immigration Appeals Commission Act 1997,

(e) section 170(7) of the Immigration and Asylum Act 1999,

(f) section 163(4) of the Nationality, Immigration and Asylum Act 2002,

(g) section 338 of the Criminal Justice Act 2003,

(h) section 49(3) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004,

(i) section 63(3) of the Immigration, Asylum and Nationality Act 2006,

(j) section 60(4) of the UK Borders Act 2007,

(k) section 57(5) of the Borders, Citizenship and Immigration Act 2009,

(l) section 76(6) of the Immigration Act 2014,

(m) section 60(6) of the Modern Slavery Act 2015,

(n) section 95(5) of the Immigration Act 2016, and

(o) section 8(2) of the Immigration and Social Security (EU Withdrawal) Act 2020”.—(Rachel Maclean.)

This amendment will enable the provisions of the Bill to be extended, by Order in Council, the Channel Islands and the Isle of Man.

Clause 82

Commencement

Amendments made: 85, page 79, line 21, leave out “This Part and”.

This amendment, and Amendment 86, make minor drafting changes needed as a result of Amendment 87.

Amendment 86, page 79, line 25, leave out paragraph (b) and insert—

“(b) this Part.”

See statement for Amendment 85.

Amendment 87, page 79, line 26, at end insert—

“(3A) The following provisions come into force on the day on which this Act is passed for the purposes of making (and, where required, consulting on) regulations—

(a) section 13 (requirement to make asylum claim at “designated place”);

(b) section 26 (accelerated detained appeals);

(c) section 41 and Schedule 4 (penalty for failure to secure goods vehicle etc);

(d) section 42 (working in United Kingdom waters: arrival and entry);

(e) section 49 (persons subject to immigration control: referral or age assessment by local authority);

(f) section 51 (regulations about use of scientific methods in age assessments);

(g) section 52 (regulations about age assessments);

(h) section 68 (interpretation of Part 5);

(i) section 77 (pre-consolidation amendments of immigration legislation).”

This amendment brings powers in the Bill to make regulations into force on Royal Assent, so that the regulations can be prepared in advance of the substantive provisions being commenced. The regulations themselves will not be commenced for at least two months after Royal Assent.

Amendment 88, page 79, line 38, leave out paragraph (g).

This amendment is consequential on Amendment 87.

Amendment 89, page 79, line 42, leave out paragraphs (j) and (k).

This amendment is consequential on Amendment 87.

Amendment 90, page 80, line 3, leave out paragraph (n).—(Rachel Maclean.)

This amendment is consequential on Amendment 87.

Third Reading

[The Secretary of State for the Home Department (Priti Patel)]

I beg to move, That the Bill be now read the Third time.

Madam Deputy Speaker, may I echo your remarks—

[Stephen Flynn]

On a point of order—

[Madam Deputy Speaker]

Order. No points of order!