Nationality and Borders Bill — Clause 62 — Identified Potential Victims etc: Disqualification From Protection — 20 Apr 2022 at 17:48

The majority of MPs voted to deny those convicted of false imprisonment, kidnapping, manslaughter, murder, perverting the course of justice or piracy the 30 day "recovery period" offered to victims of modern slavery during which they may not be removed from, or required to leave, the United Kingdom; and not to hold a consultation if they should be so denied.

MPs were considering the Nationality and Borders Bill.^[1][2][3]

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

• That this House disagrees with Lords amendment 25B

Lords amendment 25B began:^[4]

• Leave out Clause 62 and insert the following new Clause—
• “Identified potential victims etc: disqualification from protection
• (1) This section applies to the construction and application of Article 13 of the Trafficking Convention.
• (2) A competent authority may determine that it is not bound to observe the minimum recovery period under section 60 of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that it is prevented from doing so—
• (a) as a result of an immediate, genuine, present and serious threat to public order, or
• (b) because the person is claiming to be a victim of modern slavery improperly
• For the purposes of section (2)(a), a person is considered as presenting an immediate, genuine, present and serious threat to public order where the person has been convicted of a terrorist offence
• (4) The Secretary of State must, within one year of this Act coming into force— (a) prepare and publish a consultation on whether a person convicted of any offence listed in Schedule 4 to the Modern Slavery Act 2015, other than a terrorist offence, should be considered as presenting an immediate, genuine, present and serious threat to public order for the purposes of section (2)(a); and
• (b) lay a response to the consultation before each House of Parliament.

Clause 62 of the Bill^[2] had the same title: Identified potential victims etc: disqualification from protection.

The Lords amendment refers to "claiming to be a victim of modern slavery improperly", the Bill used the phrase "in bad faith" rather than "improperly".

The Lords amendment refers to Article 13 of the Trafficking Convention, the Bill does not.

The Lords amendment provides for a consultation on if the commission of each of the offences in Schedule 4 to the Modern Slavery Act 2015 should prevent someone being entitled to a recovery period, whereas the Bill stated they would.

The offences listed in Schedule 4 to the Modern Slavery Act 2015^[6] are: false imprisonment; kidnapping; manslaughter; murder; perverting the course of justice and piracy.

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• [1] Parliament's webpage on the Nationality and Borders Bill, Parliament.uk
• [2] Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [3] Explanatory notes to the Nationality and Borders Bill, as brought to the House of Lords, from the Commons, on 9 December 2021, Parliament.uk
• [4] Lords Message in connection with the Nationality and Borders Bill on 5 April 2022, Parliament.uk
• [5] Section 25A(1)(a Immigration Act 1971, as amended, as at 11 October 2017, Legislation.gov.uk
• [6] Schedule 4 to the Modern Slavery Act 2015, Legislation.gov.uk

Debate in Parliament |