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 |

Public Whip is run as a free not-for-profit free service. If you'd like to support us, please consider switching your electricity and/or gas to Bulb Energy who provide 100% renewable electricity and tend to be 20% cheaper than the 'Big Six'. They'll also pay any exit fees (up to £120) from your old supplier AND give you (and us) a £50 credit for joining up via our Bulb Referral Link.

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
Bishop2 06.9%
Con11 18766.7%
Crossbench59 933.7%
DUP3 060.0%
Green2 0100.0%
Independent Labour1 0100.0%
Independent Liberal Democrat1 0100.0%
Independent Ulster Unionist1 0100.0%
Judge2 120.0%
Lab130 057.8%
LDem83 177.8%
Non-affiliated9 131.3%
PC1 050.0%
UKIP1 033.3%
UUP0 2100.0%
Total:306 20154.8%

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 Bowness Conaye
The Earl of Cork and OrreryCon (front bench)aye
Lord Deben Conaye
Lord Flight Conaye
Lord Green of HurstpierpointConaye
Lord Inglewood Con (front bench)aye
Lord Mackay of ClashfernConaye
Lord McColl of DulwichCon (front bench)aye
Lord Shinkwin Conaye
The Duke of WellingtonConaye
Baroness Wheatcroft 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
Baroness Nicholson of WinterbourneLDemno
Lord Tyrie Non-affiliated (front bench)no

About the Project

The Public Whip is a not-for-profit, open source website created in 2003 by Francis Irving and Julian Todd and now run by Bairwell Ltd.

PublicWhip v2 codebase is currently under development - you can join the Slack group to find out more or email [email protected]

The Whip on the Web

Help keep PublicWhip alive