Immigration and Social Security Co-ordination (EU Withdrawal) Bill — Report (3rd Day) — Amendment 27 — 6 Oct 2020 at 17:15

Moved by Lord McColl of Dulwich

27: After Clause 4, insert the following new Clause-“Grant of leave to remain for confirmed victims of modern slavery who are EEA nationals(1) Immigration rules must make provision for leave to remain in the United Kingdom to be granted to a person aged 18 years or over when-(a) the person is either a Swiss national or an EEA national who is not also an Irish citizen; and(b) there has been a conclusive determination that the person is a victim of slavery or human trafficking; and(c) subsection (2) applies and subsection (8) does not.(2) This subsection applies if the person meets one or more of the following criteria-(a) leave is necessary due to the person’s circumstances, including but not restricted to-(i) the needs of that person for safety and protection from harm including protection from re-trafficking;(ii) the needs of that person for medical and psychological treatment;(b) the person is participating as a witness in criminal proceedings; (c) the person is bringing any civil proceedings including pursuing compensation.(3) Where the person is receiving assistance from a support worker, the recommendations of the support worker must be considered in assessing that person’s circumstances under subsection (2)(a).(4) Immigration rules must provide for persons granted leave to remain in accordance with this section to have recourse to public funds for the duration of the period of leave.(5) Immigration rules must provide for leave to remain to be granted from the day on which the conclusive determination is communicated to a person for at least 12 months.(6) Immigration rules must allow a grant of leave to remain under subsection (5) to be extended subject to the requirements of subsection (7).(7) In determining whether to extend a grant of leave to remain under subsection (6), and the period of time for which such extended leave should be provided, the person’s individual circumstances must be considered, and whether that person meets one or more of the criteria in subsection (2).(8) A person may be refused leave to remain if-(a) the person is a sexual or violent offender; and(b) the Secretary of State considers that the person poses a genuine, present and serious risk to members of the public.(9) If subsection (8) applies, the Secretary State must ensure the person affected is given reasons for the refusal in writing.(10) In this section-“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Council of Europe Convention on Action against Trafficking in Human Beings;“conclusive determination” means a determination that a person is, or is not, a victim of slavery or human trafficking when the identification process conducted by a competent authority concludes that the person is, or is not, such a victim;“EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 (as it has effect from time to time);“immigration rules” in this section has the meaning given by section 33 of the Immigration Act 1971;“sexual or violent offender” means a person falling within the definition of a “sexual or violent offender” in section 327 of the Criminal Justice Act 2003 (section 325: interpretation) or who has been convicted of an offence under the law of another country which would have constituted an offence falling within those subsections if it had been done in England and Wales;“victim of slavery” and “victim of human trafficking” mean a person falling within the definition of a “victim of slavery” or “victim of human trafficking” in section 56 of the Modern Slavery Act 2015 (section 56: interpretation).”

Ayes 312, Noes 211.

Debate in Parliament |

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
Bishop3 011.5%
Con6 19677.4%
Crossbench63 941.4%
DUP4 080.0%
Green2 0100.0%
Independent Labour2 0100.0%
Independent Ulster Unionist1 0100.0%
Judge2 123.1%
Lab129 071.3%
LDem82 092.1%
Non-affiliated17 333.9%
PC1 0100.0%
UUP0 2100.0%
Total:312 21164.1%

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

Lord Bowness Conaye
Lord Deben Conaye
Lord Flight Conaye
Lord Mackay of ClashfernConaye
Lord McColl of DulwichCon (front bench)aye
Lord Shinkwin Conaye
Lord Carrington Crossbenchno
Viscount Craigavon Crossbenchno
Lord Curry of KirkharleCrossbenchno
The Earl of DevonCrossbenchno
The Earl of ErrollCrossbenchno
Lord Hogan-Howe Crossbench (front bench)no
Lord Kakkar Crossbench (front bench)no
Lord Patel Crossbench (front bench)no
The Earl of StairCrossbench (front bench)no
Lord Brown of Eaton-under-HeywoodJudge (front bench)no
Lord Gadhia Non-affiliatedno
Baroness Stuart of EdgbastonNon-affiliatedno
Lord Tyrie Non-affiliated (front bench)no

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