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.

Debate in Parliament |

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Lord Ahmad of WimbledonCon (front bench)no
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Lord Northbrook Conno
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Lord O'Neill of GatleyCon (front bench)no
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Lord Popat Conno
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Lord Renfrew of KaimsthornConno
Lord Ribeiro Con (front bench)no
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Lord Robathan Conno
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Lord Sassoon Conno
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Lord Selsdon Conno
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Lord Suri Conno
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Lord Aberdare Crossbench (front bench)aye
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Lord Rana Crossbenchaye
Lord Rees of LudlowCrossbench (front bench)aye
The Earl of SandwichCrossbenchaye
Baroness Stern Crossbench (front bench)aye
Lord Walpole Crossbench (front bench)aye
Lord Armstrong of IlminsterCrossbench (front bench)no
Lord Bew Crossbenchno
Lord Birt Crossbenchno
Viscount Brookeborough Crossbenchno
Baroness Butler-Sloss Crossbench (front bench)no
Lord Cameron of DillingtonCrossbench (front bench)no
Viscount Craigavon Crossbenchno
Lord Green of DeddingtonCrossbenchno
Lord Greenway Crossbenchno
Lord Kerr of KinlochardCrossbench (front bench)no
Baroness Masham of IltonCrossbenchno
Lord Pannick Crossbenchno
Lord Patel Crossbenchno
Lord Rowe-Beddoe Crossbench (front bench)no
The Duke of SomersetCrossbenchno
Lord St John of BletsoCrossbench (front bench)no
Lord Sutherland of HoundwoodCrossbenchno
Lord Thurlow Crossbenchno
Lord Woolf Crossbench (front bench)no
Baroness Jones of MoulsecoombGreenaye
Lord Stoddart of SwindonIndependent Labouraye
Baroness Tonge Independent Liberal Democrataye
Lord Maginnis of DrumglassIndependent Ulster Unionistno
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Lord Hope of CraigheadJudge (front bench)no
Baroness Adams of CraigieleaLabaye
Lord Alli Labaye
Lord Anderson of SwanseaLabaye
Baroness Andrews Lab (minister)aye
Baroness Armstrong of Hill TopLab (minister)aye
Baroness Bakewell Lab (minister)aye
Lord Bassam of BrightonLab (minister)tellaye
Lord Beecham Lab (minister)aye
Baroness Billingham Labaye
Baroness Blackstone Lab (minister)aye
Baroness Blood Labaye
Lord Boateng Lab (minister)aye
Lord Bradley Labaye
Lord Bragg Labaye
Lord Brennan Lab (minister)aye
Lord Brookman Labaye
Lord Campbell-Savours Lab (minister)aye
Lord Carter of ColesLab (minister)aye
Lord Cashman Labaye
Viscount Chandos Lab (minister)aye
Lord Clarke of HampsteadLabaye
Lord Clark of WindermereLab (minister)aye
Lord Collins of HighburyLab (minister)aye
Baroness Corston Labaye
Baroness Crawley Labaye
Lord Davies of OldhamLab (minister)aye
Lord Davies of StamfordLab (minister)aye
Lord Desai Labaye
Baroness Donaghy Lab (minister)aye
Baroness Drake Lab (minister)aye
Lord Dubs Lab (minister)aye
Lord Elder Labaye
Baroness Farrington of RibbletonLab (minister)aye
Lord Faulkner of WorcesterLab (minister)aye
Lord Foster of Bishop AucklandLabaye
Lord Foulkes of CumnockLab (minister)aye
Baroness Gale Lab (minister)aye
Lord Giddens Labaye
Baroness Golding Labaye
Lord Gordon of StrathblaneLabaye
Baroness Gould of PotternewtonLab (minister)aye
Lord Grocott Labaye
Lord Hain Labaye
Viscount Hanworth Lab (minister)aye
Lord Harris of HaringeyLabaye
Lord Harrison Lab (minister)aye
Lord Hart of ChiltonLab (minister)aye
Lord Haskel Lab (minister)aye
Lord Haworth Labaye
Baroness Hayter of Kentish TownLab (minister)aye
Baroness Healy of Primrose HillLab (minister)aye
Lord Hollick Lab (minister)aye
Baroness Hollis of HeighamLab (minister)aye
Lord Howarth of NewportLabaye
Baroness Howells of St DavidsLabaye
Lord Hoyle Labaye
Lord Hughes of WoodsideLabaye
Lord Hunt of ChestertonLab (minister)aye
Lord Hunt of Kings HeathLab (minister)aye
Lord Irvine of LairgLab (minister)aye
Baroness Jay of PaddingtonLab (minister)aye
Lord Jones Lab (minister)aye
Baroness Jones of WhitchurchLab (minister)aye
Baroness Jowell Labaye
Lord Judd Lab (minister)aye
Lord Kennedy of SouthwarkLab (minister)aye
Baroness Kennedy of The ShawsLab (minister)aye
Baroness King of BowLabaye
Lord Kinnock Labaye
Baroness Kinnock of HolyheadLabaye
Lord Kirkhill Labaye
Lord Knight of WeymouthLabaye
Baroness Lawrence of ClarendonLab (minister)aye
Lord Layard Lab (minister)aye
Lord Lea of CrondallLabaye
Baroness Liddell of CoatdykeLabaye
Lord Liddle Lab (minister)aye
Lord Lipsey Labaye
Baroness Lister of BurtersettLabaye
Lord MacKenzie of CulkeinLabaye
Baroness Mallalieu Lab (minister)aye
Lord Maxton Lab (minister)aye
Lord McAvoy Lab (minister)aye
Lord McConnell of GlenscorrodaleLabaye
Baroness McDonagh Lab (minister)aye
Lord McFall of AlcluithLab (minister)aye
Baroness McIntosh of HudnallLab (minister)aye
Lord McKenzie of LutonLab (minister)aye
Lord Mitchell Lab (minister)aye
Lord Monks Lab (minister)aye
Baroness Morgan of HuytonLab (minister)aye
Lord Morris of AberavonLabaye
Lord Morris of HandsworthLab (minister)aye
Baroness Morris of YardleyLabaye
Lord Murphy of TorfaenLabaye
Baroness Nye Labaye
Lord O'Neill of ClackmannanLabaye
Lord Patel of BradfordLabaye
Lord Pendry Lab (minister)aye
Lord Plant of HighfieldLab (minister)aye
Lord Ponsonby of ShulbredeLabaye
Baroness Prosser Lab (minister)aye
Baroness Quin Labaye
Lord Radice Labaye
Baroness Ramsay of CartvaleLabaye
Lord Rea Labaye
Baroness Rebuck Labaye
Lord Reid of CardowanLabaye
Lord Richard Lab (minister)aye
Lord Rosser Lab (minister)aye
Lord Rowlands Lab (minister)aye
Lord Sawyer Lab (minister)aye
Baroness Sherlock Lab (minister)aye
Viscount Simon Lab (minister)aye
Baroness Smith of BasildonLab (minister)aye
Lord Smith of LeighLabaye
Lord Snape Labaye
Baroness Symons of Vernham DeanLabaye
Baroness Taylor of BoltonLab (minister)aye
Baroness Thornton Labaye
Lord Tomlinson Labaye
Lord Touhig Lab (minister)aye
Lord Tunnicliffe Lab (minister)tellaye
Baroness Wall of New BarnetLab (minister)aye
Lord Warner Labaye
Baroness Warwick of UndercliffeLabaye
Lord Watson of InvergowrieLab (minister)aye
Lord Watts Labaye
Baroness Wheeler Lab (minister)aye
Baroness Whitaker Labaye
Lord Whitty Lab (minister)aye
Lord Wills Labaye
Lord Wood of AnfieldLabaye
Baroness Worthington Labaye
Baroness Young of Old SconeLabaye
Lord Addington LDem (front bench)aye
Lord Allan of HallamLDemaye
Lord Ashdown of Norton-sub-HamdonLDemaye
Baroness Bakewell of Hardington MandevilleLDem (front bench)aye
Baroness Barker LDem (front bench)aye
Lord Beith LDemaye
Baroness Benjamin LDem (front bench)aye
Baroness Bonham-Carter of YarnburyLDem (front bench)aye
Baroness Bowles of BerkhamstedLDemaye
Lord Bradshaw LDemaye
Baroness Brinton LDem (front bench)aye
Lord Bruce of BennachieLDemaye
Lord Burnett LDemaye
Baroness Burt of SolihullLDem (front bench)aye
Lord Campbell of PittenweemLDemaye
Lord Carlile of BerriewLDemaye
Lord Chidgey LDemaye
Lord Clement-Jones LDemaye
Lord Cotter LDemaye
Lord Dholakia LDem (front bench)aye
Baroness Doocey LDemaye
Baroness Falkner of MargravineLDem (front bench)aye
Baroness Featherstone LDem (front bench)aye
Lord Foster of BathLDemaye
Lord Fox LDem (front bench)aye
Baroness Garden of FrognalLDem (front bench)aye
Lord German LDem (front bench)aye
Baroness Grender LDemaye
Baroness Hamwee LDem (front bench)aye
Baroness Harris of RichmondLDem (front bench)aye
Baroness Humphreys LDem (front bench)aye
Baroness Hussein-Ece LDem (front bench)aye
Baroness Janke LDem (front bench)aye
Baroness Jolly LDem (front bench)aye
Lord Jones of CheltenhamLDemaye
Lord Kirkwood of KirkhopeLDemaye
Baroness Kramer LDem (front bench)aye
Lord Lee of TraffordLDem (front bench)aye
Lord Lester of Herne HillLDem (front bench)aye
Lord Loomba LDemaye
Baroness Ludford LDem (front bench)aye
Lord Macdonald of River GlavenLDemaye
Lord Maclennan of RogartLDem (front bench)aye
Baroness Maddock LDem (front bench)aye
Baroness Manzoor LDem (front bench)aye
Lord Marks of Henley-on-ThamesLDem (front bench)aye
Lord McNally LDemaye
Baroness Miller of Chilthorne DomerLDemaye
Lord Newby LDem (front bench)aye
Baroness Northover LDem (front bench)aye
Lord Oates LDem (front bench)aye
The Earl of Oxford and AsquithLDem (front bench)aye
Lord Paddick LDem (front bench)aye
Lord Palmer of Childs HillLDemaye
Baroness Parminter LDem (front bench)aye
Lord Purvis of TweedLDemaye
Baroness Randerson LDem (front bench)aye
Lord Razzall LDem (front bench)aye
Lord Redesdale LDemaye
Lord Rennard LDemaye
Lord Roberts of LlandudnoLDemaye
Lord Rodgers of Quarry BankLDem (front bench)aye
Baroness Scott of Needham MarketLDem (front bench)aye
Lord Scriven LDemaye
Lord Sharkey LDem (front bench)aye
Baroness Sharp of GuildfordLDemaye
Baroness Sheehan LDem (front bench)aye
Lord Shipley LDemaye
Lord Shutt of GreetlandLDem (front bench)aye
Lord Smith of CliftonLDemaye
Baroness Smith of NewnhamLDemaye
Lord Steel of AikwoodLDemaye
Lord Stephen LDem (front bench)aye
Lord Stoneham of DroxfordLDemaye
Lord Storey LDem (front bench)aye
Lord Strasburger LDem (front bench)aye
Lord Stunell LDemaye
Baroness Suttie LDem (front bench)aye
Lord Taverne LDemaye
Lord Taylor of Goss MoorLDemaye
Lord Teverson LDem (front bench)aye
Lord Thomas of GresfordLDem (front bench)aye
Baroness Thomas of WinchesterLDem (front bench)aye
Lord Tope LDemaye
Lord Tyler LDem (front bench)aye
Baroness Tyler of EnfieldLDemaye
Lord Verjee LDemaye
Lord Wallace of SaltaireLDem (front bench)aye
Lord Wallace of TankernessLDem (front bench)aye
Baroness Walmsley LDem (front bench)aye
Lord Willis of KnaresboroughLDemaye
Lord Wrigglesworth LDemaye
Lord Ahmed Non-affiliatedaye
Lord Hussain Non-affiliatedaye
Baroness Uddin Non-affiliatedaye
Lord Taylor of WarwickNon-affiliatedno
Lord Wigley PCaye
Lord Empey UUP (front bench)no
Lord Rogan UUPno

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