Immigration and Social Security Co-ordination (EU Withdrawal) Bill — New Clause — Children in Care and Children Entitled to Care Leaving Support: Entitlement to Remain — 19 Oct 2020 at 21:15

The majority of MPs voted against giving indefinite leave to remain to children in care, or who have been in care, who were affected by the end of the general right to enter and reside in the United Kingdom for nationals of European Union member states, European Economic Area states and Switzerland.

MPs were considering the Immigration and Social Security Co-ordination (EU Withdrawal) Bill.^[1][2]

The motion supported by a majority of MPs in this vote was:

• That this House disagrees with Lords amendment 3

Lords amendment 3^[3] began:

• After Clause 4
• Insert the following new Clause—
• "Children in care and children entitled to care leaving support: entitlement to remain
• (1) Any child who has the right of free movement removed by the provisions contained in Part 1 of this Act, and who is in the care of a local authority or entitled to care leaving support, on notification by the local authority to the Home Office that they are such a child, must be granted indefinite leave to remain within the United Kingdom under the EU Settlement Scheme (“the Scheme”).
• (2) The Secretary of State must, for the purposes of subsection (1), issue guidance to local authorities in England, Scotland, Wales and Northern Ireland setting out their duty to identify the children of EEA and Swiss nationals in their care or entitled to care leaving support.
• (3) Before issuing guidance under this section the Secretary of State must consult—
• (a) the relevant Scottish Minister;
• (b) the relevant Welsh Minister; and
• (c) the relevant Northern Ireland Minister.
• (4) The Secretary of State must make arrangements to ensure that personal data relating to nationality processed by local authorities for purposes of identification under subsection (1) is used solely for this purpose.
• (5) Any child subject to subsection (1) who is identified and granted indefinite leave to remain status after the deadline for applications under the Scheme will be deemed to have had such status and all rights associated with that status from the time of the Scheme deadline.
• (6) This section comes into force on the day on which this Act is passed and remains in effect for 5 years from the day of the deadline of the Scheme."
• ...

The rejected new clause continued with further subsections defining the terms used.

Clause 1, in Part 1, of the Bill^[4] was titled: Repeal of the main retained EU law relating to free movement etc. and stated:

• Schedule 1 makes provision to—
• (a) end rights to free movement of persons under retained EU law, including by repealing the main provisions of retained EU law relating to free movement, and
• (b) end other EU-derived rights, and repeal other retained EU law, relating to immigration.

Explanatory notes to the Bill^[2] set out its purpose:

"The purpose of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill (the Bill) is to end free movement of persons in UK law and make European Union (EU), other European Economic Area (EEA) and Swiss citizens, and their family members, subject to UK immigration controls."

the notes^[2] also state:

"The Bill protects the status of Irish citizens in the UK when free movement rights end, a status which existed prior to the UK’s membership of the EU."

• [1] Parliament's webpage on the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, Parliament.uk
• [2] Explanatory notes to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, Overview of the Bill, Parliament.uk
• [3] Lords amendments to the Immigration and Social Security Co-ordination (EU Withdrawal) Bill, 13 October 2020, Parliament.uk
• [4] Clause 1 of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill as at the time of the vote, Parliament.uk

Debate in Parliament |