Nationality and Borders Bill — Clause 39 — Illegal Entry and Similar Offences — 20 Apr 2022 at 17:48
The majority of MPs voted in favour of creating an offence of entering the United Kingdom without a valid entry clearance (if one is required), and against creating an alternative narrower offence of arriving in the United Kingdom in breach of a deportation order.
The motion supported by the majority of MPs in this vote was:
- That this House disagrees with Lords amendment 13B, and insists on its disagreement with Lords amendment 15
Lords amendment 13B stated:
- Page 40, leave out lines 5 to 9 and insert—
- “(D1) A person who knowingly arrives in the United Kingdom in breach of a deportation order commits an offence.”
Had it not been rejected this amendment would have replaced a provision in the Bill which stated:
- A person who—
- (a) requires entry clearance under the immigration rules, and
- (b) knowingly arrives in the United Kingdom without a valid entry clearance, commits an offence.
Lords amendment 15 stated:
- Page 41, line 4, leave out paragraph (e)
The paragraph in question stated:
- (e) after subsection (4) insert—
- “(5) In proceedings for an offence under subsection (D1) above of arriving in the United Kingdom without a valid entry clearance—
- (a) any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved;
- (b) proof that a person had a valid entry clearance is to lie on the defence
The paragraph is redundant if subsection D1 is removed from the Bill, amendment 15 appears to follow as consequence from amendment 13B. Both amendments were rejected in this vote.
-  Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
-  Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
-  Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
-  Lords Message in connection with the Nationality and Borders Bill on 5 April 2022, Parliament.uk
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 are Boths? An MP can vote both aye and no in the same division. The boths page explains this.
What is Turnout? This is measured against the total membership of the party at the time of the vote.
|Party||Majority (Aye)||Minority (No)||Both||Turnout|
|Con||306 (+2 tell)||0||0||85.1%|
|Lab||0||162 (+2 tell)||0||82.0%|