Votes: Immigration and Social Security (EU Withdrawal) Bill 2020

On 5th and 6th October 2020 votes took place on amendments that Members of the House of Lords had tabled to the Government’s  Immigration and Social Security (EU Withdrawal) Bill. Eleven bishops took part across eight separate votes, supporting amendments that were passed by majorities of the House, with one exception. A summary is below and the full text of each amendment is beneath. The amendments will now be considered by MPs who will have to decide whether to accept or reject each.

Amendment 3, passed: 304-224.

Requires an independent report on the impact of ending free movement on the social care sector.

The Archbishop of Canterbury and Bishops of Bristol, Durham, Gloucester, Rochester, Southwark, St Albans, voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2325


Amendment 11, passed: 312-223.

Enables UK citizens and close family members to return to the UK after the UK’s exit from the EU, on previous free movement terms.

The Archbishop of Canterbury and Bishops of Bristol, Carlisle, Durham, Oxford, Southwark, St Albans, voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2326


Amendment 14, passed: 323-227.

Gives Indefinite Leave to Remain in the UK to children of EEA and Swiss nationals who are in care or entitled to care leaving support, to ensure they do not become undocumented

The Archbishop of Canterbury and Bishops of Bristol, Durham, Gloucester, Leeds, Southwark, St Albans, voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2327


Amendment 15, passed: 317-223.

Ensures that family reunion rights currently covered by the Dublin III Treaty, will continue and that unaccompanied child refugees in Europe will have a legal route to sanctuary in the UK.

The Bishops of Carlisle, Oxford, Rochester and Southwark, voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2328


Amendment 18, passed: 298 to 192.

To ensure successful applicants for leave to remain have physical, not just digital, proof of their settled and pre-settled status in the UK.

The Archbishop of Canterbury and Bishops of Bristol, Gloucester, Leeds, Rochester, Southwark, St Albans, voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2329


Amendment 19, rejected: 152 to 166.

Would have allowed EEA citizens or Swiss nationals under 18 to enter the UK for a stay not exceeding 30 days in any calendar year.

The Bishop of Southwark voted for the amendment.

https://votes.parliament.uk/Votes/Lords/Division/2330


Amendment 20, passed: 184 to 156.

Places an upper limit of 28 days on the time an EEA or Swiss national may be held in immigration detention.

The Bishops of Rochester and Southwark voted for the amendment

https://votes.parliament.uk/Votes/Lords/Division/2331


Amendment 27, passed: 312-211.

Gives leave to remain for confirmed victims of modern slavery who are EEA nationals

The Bishops of Blackburn, Bristol, St Albans voted for the amendment.


After Clause 1

LORD ROSSER

LORD HUNT OF KINGS HEATH

BARONESS HAMWEE

LORD PATEL

Amendment 3

Insert the following new Clause—“Impact of section 1 on the social care sector

(1) The  Secretary  of  State  must  commission  and  publish  an  independent assessment of the impact of section 1, and Schedule 1, on the social care sector within six months of this Act being passed.

(2) The Secretary of State must appoint an independent Chair to conduct the assessment.

(3) The assessment must consider the impact of provisions in section 1, and Schedule 1, on—(a) the social care workforce;(b) available visa routes for social care workers;(c) long-term  consequences  for  workforce  recruitment,  training  and employee terms and conditions; and(d) such  other  relevant  matters  as  the  independent  Chair  deems appropriate.

(4) A copy of the independent assessment must be laid before both Houses of Parliament within fourteen days of its publishing date.”

Member’s explanatory statement: This new Clause would require the Secretary of State to commission and publish an independent report on the impact of ending free movement on the social care sector, including the impact on the workforce (such as skills shortages), visa options for social care workers, and long-term consequences for recruitment, training and terms and conditions for staff. 


Clause 4

BARONESS HAMWEE

THE EARL OF CLANCARTY

BARONESS BENNETT OF MANOR CASTLE

LORD ROSSER

Amendment 11

Page 3, line 8, at end insert—

“(5A) Regulations made under subsection (1) must make provision to enable UK citizens falling within the personal scope of—(a) the Withdrawal Agreement, (b) the EEA EFTA separation agreement, or (c) the Swiss citizens’ rights agreement, to return to the United Kingdom accompanied by, or to be joined in the United Kingdom by, close family members.

(5B) Regulations under subsection (1) may not impose any conditions on the entry or residence of close family members of UK citizens which could not have been imposed under EU law relating to free movement, as on the day on which this Act comes into force.

(5C) For the purposes of subsection (5A)—“close family members” means—(a) children (including adopted children), and(b) other close family members where that relation subsisted on or before 31 January 2020 and has continued to subsist;“Withdrawal Agreement”, “EEA EFTA separation agreement” and“Swiss citizens’ rights agreement” have the meaning given in section 39 of  the  European  Union  (Withdrawal  Agreement)  Act  2020 (interpretation).”


After Clause 4

LORD DUBS

THE EARL OF DUNDEE

BARONESS HAMWEE

BARONESS MEACHER

Amendment 14

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, is deemed to have and 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.

(7) For the purposes of this section, children “in the care of a local authority” are defined as children receiving care under any of the following provisions—(a) section 20 of the Children Act 1989 (provision of accommodation for children: general); (b) section 31 of the Children Act 1989 (care and supervision); (c) section 75 of the Social Services and Well-being (Wales) Act 2014(general duty of local authority to secure sufficient accommodation for looked after children); (d) section  25  of  the  Children  (Scotland)  Act  1995  (provision  of accommodation for children); (e) Article  25  of  the  Children  (Northern  Ireland)  Order  1995 (interpretation); and (f) Article 50 of the Children (Northern Ireland) Order 1995 (care ordersand supervision orders).

(8) For the purposes of this section, a child “entitled to care leaving support”means a child receiving support under any of the following provisions—(a) paragraph 19B of Schedule 2 to the Children Act 1989 (preparation for ceasing to be looked after); (b) section 23A(2) of the Children Act 1989 (the responsible authority and relevant children); (c) section 23C(1) of the Children Act 1989 (continuing functions in respect of former relevant children); (d) section 104 of the Social Services and Well-being (Wales) Act 2014(young people entitled to support under sections 105 to 115); (e) sections 29 and 30 of the Children (Scotland) Act 1995 (advice and assistance for young persons formerly looked after by local authorities); and (f) Article 35(2) of the Children (Northern Ireland) Order 1995 (persons qualifying for advice and assistance).”

Member’s explanatory statement: This new Clause aims to ensure that the children of EEA and Swiss nationals who are in care, and those who are entitled to care leaving support, are granted automatic Indefinite Leave to Remain under the EU Settlement Scheme to ensure they do not become undocumented.


LORD DUBS

BARONESS HAMWEE

LORD KERR OF KINLOCHARD

THE LORD BISHOP OF DURHAM

Amendment 15

Insert the following new Clause—“Leave to enter: family unity and claims for asylum

(1) For at least such time as a relevant agreement has not been concluded and implemented, a person to whom this section applies must be granted leave to enter the United Kingdom for the purpose of making a claim for asylum.

(2) This section applies to a person who—(a) is on the territory of any relevant Member State;(b) makes an application for leave to enter for the purpose of making a claim for asylum; and (c) would, had that person made an application for international protection in that Member State, have been eligible for transfer to the United Kingdom under Regulation (EU) No. 604/2013 by reason of a relevant provision if the United Kingdom remained a party to that Regulation.

(3) An application for leave to enter under subsection (2)(c) shall be made in such manner as the Secretary of State may prescribe save that—(a) there shall be no fee for the making of such an application and no requirements may be prescribed that are unreasonable having regard to the purposes of this section and the circumstances of persons to whom it applies; (b) in relation to such applications, the Secretary of State shall make arrangements to ensure that applicants receive a decision regarding their application no later than two months from the date of submission of the application.

(4) A claim for asylum made under subsection (2)(b) must remain pending throughout such time as no decision has been made on it or during which an appeal could be brought within such time as may be prescribed for the bringing of any appeal against a decision made on a claim or during which any such appeal remains pending for the purposes of section 104 of the Nationality, Immigration and Asylum Act 2002 (pending appeal); and a claim for asylum remains one on which no decision has been made during such time as the claim has been made to the Secretary of State and has not been granted, refused, abandoned or withdrawn.

(5) The Secretary of State must, within six months of the day on which this Act is passed, lay before both Houses of Parliament a strategy for ensuring that unaccompanied children on the territory of a relevant Member State continue to be relocated to the United Kingdom, if it is in the child’s best interests.

(6) For the purposes of this section—“applicant” means a person who makes an application for leave to enter under this section;“claim for asylum” means a claim for leave to enter or remain as a refugee or as a person eligible for a grant of humanitarian protection;“Regulation (EU) No. 604/2013” means Regulation (EU) No. 604/2013of the European Parliament and of the Council including the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person(recast);“relevant agreement” means an agreement negotiated by a Minister of the Crown, on behalf of the United Kingdom, with the European Union in accordance with which there is provision for the transfer of a person who has made an application for asylum in a Member State of the European Union to the United Kingdom which is no less extensive than Regulation (EU) No. 604/2013 insofar as that regulation operated to enable the transfer of a person to join a child, sibling, parent or other family member or relative in the United Kingdom before exit day;“relevant Member State” means a Member State for the purposes of Regulation (EU) No. 604/2013;“relevant provision” means any of the following articles of Regulation(EU) No. 604/2013—(a) Article 8,(b) Article 9,(c) Article 10,(d) Article 16,(e) Article 17.”

Member’s explanatory statement: This new Clause aims to ensure that rights under UK law to family reunion, at present covered by the Dublin III Treaty, will continue after the transition period and that unaccompanied child refugees in Europe will have a legal route to sanctuary in the UK.


LORD OATES

LORD POLAK

LORD KERSLAKE

LORD MCNICOL OF WEST KILBRIDE

Amendment 18

Insert the following new Clause—“EU Settlement Scheme: physical documented proof

(1) The Secretary of State must issue physical proof confirming pre-settled status or settled status to all EEA and Swiss nationals and their families who have been granted such status under the EU Settlement Scheme and who request such proof.

(2) No fee may be charged for issuing physical proof under this section.”

Member’s explanatory statement: This new Clause seeks to provide physical proof of settled and pre-settled status to those who make a successful application through the scheme, providing physical evidence of their migration status.


BARONESS PRASHAR

BARONESS FOOKES

BARONESS GARDEN OF FROGNAL

BARONESS MORRIS OF YARDLEY

Amendment 19

Insert the following new Clause—“Entry of EEA and Swiss minors using national identity cards

(1) After 31 December 2020 the Secretary of State must allow minors who are nationals of any EEA State or Switzerland lacking settled or pre-settled status under the EU Settlement Scheme to enter the United Kingdom for a period not exceeding 30 days if they produce a valid national identity card issued by the relevant authority in their home country.

(2) No minors entering the United Kingdom under subsection (1) may do so on more than one occasion in any calendar year.

(3) After 31 December 2025 entry under subsection (1) may only be allowed on production by the minor of a valid national identity card which complies with the specifications and minimum security standards for machine readable travel documents as set out in Document 9303 of the International Civil Aviation Organization.

(4) Nothing in this section prevents minors from entering the United Kingdom under another provision or scheme which is not subject to the restrictions set out in this section.

(5) In this section—“minors” means persons who are under the age of 18 on the date of their arrival in the United Kingdom;“relevant  authority”  means  the  body  within  each  EEA  State  or Switzerland  designated  as  responsible  for  issuing  valid  national identity cards to the citizens of that country.”

Member’s explanatory statement: This new Clause provides for persons under the age of 18 who are EEA citizens or Swiss nationals (specifically those who lack settled or pre-settled status under the EU Settlement Scheme) to enter the UK for a stay not exceeding 30 days in any calendar year.


BARONESS HAMWEE

THE LORD BISHOP OF DURHAM

LORD KENNEDY OF SOUTHWARK

BARONESS BULL

Amendment 20

Insert the following new Clause—“Time limit on immigration detention for EEA and Swiss nationals

(1) For the purpose of this section, a person (“P”) is defined as any person who,immediately before the commencement of Schedule 1, was—(a) residing in the United Kingdom in accordance with the Immigration(European Economic Area) Regulations 2016 (SI 2016/1052); (b) residing in the United Kingdom in accordance with a right conferred by or under any of the other instruments which is repealed by Schedule 1; or (c) otherwise residing in the United Kingdom in accordance with any right derived from European Union law which continues, by virtue of section4 of the European Union (Withdrawal) Act 2018 (saving for rights etc.under section 2(1) of the ECA), to be recognised and available in domestic law after exit day.

(2) The Secretary of State may not detain P under a relevant detention power for a period of more than 28 days from the relevant time.

(3) If P remains detained under a relevant detention power at the expiry of the period of 28 days then—(a) the Secretary of State must release P forthwith; and (b) the Secretary of State may not re-detain P under a relevant detention power thereafter, unless the Secretary of State is satisfied that there has been a material change of circumstances since P’s release and that the criteria in section(Initial detention: criteria and duration)are met.

(4) In this Act, “relevant detention power” means a power to detain under—(a) paragraph 16(2) of Schedule 2 to the Immigration Act 1971 (detention of persons liable to examination or removal);(b) paragraph 2(1), (2) or (3) of Schedule 3 to that Act (detention pending deportation);(c) section 62 of the Nationality, Immigration and Asylum Act 2002(detention of persons liable to examination or removal); or(d) section  36(1)  of  the  UK  Borders  Act  2007  (detention  pending deportation).

(5) In this Act, “relevant time” means the time at which P is first detained under a relevant detention power.

(6) This section does not apply to a person in respect of whom the Secretary of State has certified that the decision to detain is or was taken in the interests of national security.”

Member’s explanatory statement: This new Clause places a limit on the length of time EEA or Swiss nationals may be held in immigration detention of 28 days.


LORD MCCOLL OF DULWICH

LORD ALTON OF LIVERPOOL

LORD KENNEDY OF SOUTHWARK

BARONESS HAMWEE

Amendment 27

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 on2 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).”