Immigration Bill — Commons Reasons and Amendments — 26 Apr 2016 at 18:40
Moved by Lord Keen of Elie
85A: Page 38, line 7, at end insert the following new Clause-“Guidance on detention of vulnerable persons(1) The Secretary of State must issue guidance specifying matters to be taken into account by a person to whom the guidance is addressed in determining- (a) whether a person (“P”) would be particularly vulnerable to harm if P were to be detained or to remain in detention, and(b) if P is identified as being particularly vulnerable to harm in those circumstances, whether P should be detained or remain in detention.(2) In subsection (1) “detained” means detained under- (a) the Immigration Act 1971,(b) section 62 of the Nationality, Immigration and Asylum Act 2002, or(c) section 36 of the UK Borders Act 2007, and “detention” is to be construed accordingly.(3) A person to whom guidance under this section is addressed must take the guidance into account.(4) Before issuing guidance under this section the Secretary of State must lay a draft of the guidance before Parliament.(5) Guidance under this section comes into force in accordance with regulations made by the Secretary of State.(6) The Secretary of State may from time to time review guidance under this section and may revise and re-issue it.(7) References in this section to guidance under this section include revised guidance.”
85B: Page 38, line 7, at end insert the following new Clause-“Limitation on detention of pregnant women(1) This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.(2) A woman to whom this section applies may not be detained under a relevant detention power for a period of-(a) more than 72 hours from the relevant time, or(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).(3) In subsection (2) “the relevant time” means the later of-(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and(b) the time at which the detention begins.(4) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.(5) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.(6) In this section-“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 the UK Borders Act 2007 (detention pending deportation);“woman” means a female of any age.(7) The Immigration Act 1971 is amended in accordance with subsections (8) and (9).(8) In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert-“(2B) The detention under sub-paragraph (2) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(9) In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert- “(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(10) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert-“(7A) The detention under this section of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(11) In section 36 of the UK Borders Act 2007 (detention) after subsection (2) insert-“(2A) The detention under subsection (1) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.””
Moved by Baroness Lister of Burtersett
85C: Page 38, line 7, at end insert the following new Clause-“Limitation on detention of pregnant women(1) This section applies subject to the over-riding principle that no pregnant woman shall be detained under a relevant detention power save in the most exceptional circumstances.(2) This section applies to a woman if the Secretary of State is satisfied that the woman is pregnant.(3) A woman to whom this section applies may not be detained under a relevant detention power for a period of-(a) more than 72 hours from the relevant time, or(b) more than seven days from the relevant time, in a case where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).(4) In subsection (3) “the relevant time” means the earlier of-(a) the time at which the Secretary of State is first satisfied that the woman is pregnant, and(b) the time at which the detention begins.(5) A woman to whom this section applies who has been released following detention under a relevant detention power may be detained again under such a power in accordance with this section.(6) A pregnant woman may only be held under a relevant detention power in a short-term holding facility within the meaning of Part 8 of the Immigration and Asylum Act 1999, or pre-departure accommodation within the meaning of section 147 of that Act, where her needs can be met and provision made for her medical care, except where the woman is being transferred to or from a short-term holding facility or pre-departure accommodation in a manner which makes provision for her care and where the journey does not exceed one hour.(7) This section does not apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule applies.(8) In this section-“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 the UK Borders Act 2007 (detention pending deportation);“woman” means a female of any age.(9) The Immigration Act 1971 is amended in accordance with subsections (10) and (11).(10) In paragraph 16 of Schedule 2 (detention of persons liable to examination or removal) after sub-paragraph (2A) insert-“(2B) The detention under sub-paragraph (2) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(11) In paragraph 2 of Schedule 3 (detention or control pending deportation) after sub-paragraph (4) insert-“(4ZA) The detention under sub-paragraph (1), (2) or (3) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(12) In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State) after subsection (7) insert-“(7A) The detention under this section of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.”(13) After section 78A of the Nationality, Immigration and Asylum Act 2002 insert-“78B Restriction on removal of pregnant women etc(1) This section applies in a case where a woman who is pregnant is to be removed from or required to leave the United Kingdom other than in cases where a woman has arrived in the United Kingdom but has not yet entered the United Kingdom within the meaning of section 11(1) of the Immigration Act 1971.(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted the pregnant woman may not be removed from or required to leave the United Kingdom.(3) The relevant appeal rights are exhausted at the time when the pregnant woman could not bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission).(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)-(a) the giving of a direction for the removal of a person from the United Kingdom,(b) the making of a deportation order in respect of a person, or(c) the taking of any other interim or preparatory action other than detention under Immigration Act powers.(5) In this section references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.”“(2A) The detention under subsection (1) of a person to whom section (Limitation on detention of pregnant women) (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section.””(15) After section 54A of the Borders, Citizenship and Immigration Act 2009 insert-“54B Cases of pregnant women(1) The Secretary of State must consult the Independent FamilyReturns Panel in each case where-(a) a woman who is pregnant is to be removed on how best to safeguard and promote the welfare of the pregnant woman, and(b) the Secretary of State proposes to detain a pregnant woman in pre-departure accommodation or in a short-term holding facility about the suitability of doing so, having particular regard to the need to safeguard and promote her welfare. (2) The Secretary of State may by regulations make provision about the constitution of the Independent Family Returns Panel in cases involving pregnant women, and such regulations must provide for the panel considering such cases to include persons with expertise in the care of pregnant women and in maternity care.(3) Regulations under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.(4) In this section-(a) “pre-departure accommodation” and “short-term holding facility” have the same meaning as in Part 8 of the Immigration and Asylum Act 1999; and(b) references to a person “being removed from or required to leave the United Kingdom” are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.””
Ayes 259, Noes 203.
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