Immigration and Social Security Co-ordination (EU Withdrawal) Bill — Report (2nd Day) (Continued) — Amendment 15 — 5 Oct 2020 at 17:15

Moved by Lord Dubs

15: After Clause 4, insert the following new Clause-“Leave to enter: family unity and claims for asylum(1) For at least such time as a relevant agreement has not been concluded and implemented, a person to whom this section applies must be granted leave to enter the United Kingdom for the purpose of making a claim for asylum.(2) This section applies to a person who-(a) is on the territory of any relevant Member State;(b) makes an application for leave to enter for the purpose of making a claim for asylum; and(c) would, had that person made an application for international protection in that Member State, have been eligible for transfer to the United Kingdom under Regulation (EU) No. 604/2013 by reason of a relevant provision if the United Kingdom remained a party to that Regulation.(3) An application for leave to enter under subsection (2)(c) shall be made in such manner as the Secretary of State may prescribe save that-(a) there shall be no fee for the making of such an application and no requirements may be prescribed that are unreasonable having regard to the purposes of this section and the circumstances of persons to whom it applies;(b) in relation to such applications, the Secretary of State shall make arrangements to ensure that applicants receive a decision regarding their application no later than two months from the date of submission of the application.(4) A claim for asylum made under subsection (2)(b) must remain pending throughout such time as no decision has been made on it or during which an appeal could be brought within such time as may be prescribed for the bringing of any appeal against a decision made on a claim or during which any such appeal remains pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeal); and a claim for asylum remains one on which no decision has been made during such time as the claim has been made to the Secretary of State and has not been granted, refused, abandoned or withdrawn.(5) The Secretary of State must, within six months of the day on which this Act is passed, lay before both Houses of Parliament a strategy for ensuring that unaccompanied children on the territory of a relevant Member State continue to be relocated to the United Kingdom, if it is in the child's best interests.(6) For the purposes of this section- “applicant” means a person who makes an application for leave to enter under this section;“claim for asylum” means a claim for leave to enter or remain as a refugee or as a person eligible for a grant of humanitarian protection;“Regulation (EU) No. 604/2013” means Regulation (EU) No. 604/2013 of the European Parliament and of the Council including the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast);“relevant agreement” means an agreement negotiated by a Minister of the Crown, on behalf of the United Kingdom, with the European Union in accordance with which there is provision for the transfer of a person who has made an application for asylum in a Member State of the European Union to the United Kingdom which is no less extensive than Regulation (EU) No. 604/2013 insofar as that regulation operated to enable the transfer of a person to join a child, sibling, parent or other family member or relative in the United Kingdom before exit day;“relevant Member State” means a Member State for the purposes of Regulation (EU) No. 604/2013;“relevant provision” means any of the following articles of Regulation (EU) No. 604/2013-(a) Article 8,(b) Article 9,(c) Article 10,(d) Article 16,(e) Article 17.”Member’s explanatory statementThis new Clause aims to ensure that rights under UK law to family reunion, at present covered by the Dublin III Treaty, will continue after the transition period and that unaccompanied child refugees in Europe will have a legal route to sanctuary in the UK.

Ayes 317, Noes 223.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Bishop4 013.8%
Con4 19667.3%
Crossbench67 1339.6%
DUP3 060.0%
Green2 0100.0%
Independent Labour1 0100.0%
Independent Liberal Democrat1 0100.0%
Independent Ulster Unionist0 1100.0%
Judge4 026.7%
Lab136 060.4%
LDem80 175.0%
Non-affiliated10 031.3%
PC1 050.0%
UUP0 150.0%
Total:313 21256.9%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Green of HurstpierpointConaye
Lord Inglewood Con (front bench)aye
The Duke of WellingtonConaye
Baroness Wheatcroft Conaye
Lord Boyce Crossbenchno
Lord Cameron of DillingtonCrossbench (front bench)no
Lord Carey of CliftonCrossbenchno
Lord Carrington Crossbenchno
Baroness Deech Crossbenchno
The Earl of ErrollCrossbenchno
Lord Green of DeddingtonCrossbenchno
Baroness Hogg Crossbenchno
Lord Houghton of RichmondCrossbenchno
Lord Patel Crossbench (front bench)no
Lord Powell of BayswaterCrossbench (front bench)no
Lord Rana Crossbenchno
Lord Smith of KelvinCrossbenchno
Baroness Nicholson of WinterbourneLDemno

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