Illegal Migration Bill — Report (2nd Day) — Amendment 130 — 3 Jul 2023 at 19:15

Moved by Lord Etherton

130: Leave out Clause 38 and insert the following new Clause-“Serious harm suspensive claims: interpretation(1) The definitions in subsections (2) and (3) have effect for the purposes of section 37, this section and sections 39 to 51.(2) A “serious harm suspensive claim” means a claim by a person (“P”) who has been given a third country removal notice that the serious harm condition is met in relation to P.(3) The “serious harm condition” is that P would face a real risk of serious harm if removed from the United Kingdom under this Act to the country or territory specified in the third country removal notice.(4) The following are examples of harm that constitute serious harm for the purposes of this Act-(a) death;(b) persecution falling within subsection (2)(a) or (b) of section 31 of the Nationality and Borders Act 2022 (read together with subsections (1) and (3) of that section) (Article 1(A)(2) of the Refugee Convention: persecution) where P is not able to avail themselves of protection from that persecution;(c) torture;(d) inhuman or degrading treatment or punishment;(e) onward removal from the country or territory specified in the third country removal notice to another country or territory where P would face a real risk of any harm mentioned in paragraphs (a) to (d).(5) For the purposes of subsection (4)-(a) protection from persecution can be provided by-(i) the government of the relevant country or territory, or (ii) any party or organisation, including any international organisation, controlling the relevant country or territory or a substantial part of it;(b) P is to be taken to be able to avail themselves of protection from persecution if-(i) the government, party or organisation mentioned in paragraph (a) takes reasonable steps to prevent the persecution by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution, and(ii) P is able to access the protection.”Member's explanatory statementThis revised version of Clause 38: (1) removes any reference to “the relevant period”, (2) removes any reference to irreversibility of harm, and (3) removes examples of harm that do not constitute or are unlikely to constitute serious and irreversible harm.

Ayes 187, Noes 139.

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
Bishop2 08.0%
Con0 127 (+2 tell)46.7%
Crossbench27 216.4%
DUP0 233.3%
Green2 0100.0%
Independent Labour1 0100.0%
Judge2 018.2%
Lab88 (+2 tell) 050.0%
LDem56 067.5%
Non-affiliated5 314.3%
PC1 0100.0%
UUP0 150.0%
Total:184 13539.4%

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 Chartres Crossbench (front bench)no
Lord Green of DeddingtonCrossbenchno
Lord Faulks Non-affiliatedno
Baroness Hoey Non-affiliatedno
Baroness Stowell of BeestonNon-affiliated (front bench)no

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