Clause 39 - Illegal entry and similar offences

Nationality and Borders Bill – in the House of Commons at 7:00 pm on 7th December 2021.

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Votes in this debate

Amendments made: 51, page 38, line 18, at end insert—

‘(B1A) A person who—

(a) has only a limited leave to enter or remain in the United Kingdom, and

(b) knowingly remains beyond the time limited by the leave,

commits an offence.’

This amendment, together with Amendments 52, 53 and 54, has the effect of increasing the penalty for the offence currently in section 24(1)(b)(i) of the Immigration Act 1971 of overstaying leave to remain, so that it is punishable on indictment with up to four years of imprisonment.

Amendment 52, page 38, line 31, leave out

“subsection (A1), (B1), (C1) or”

and insert

“any of subsections (A1) to”.

See explanatory statement to Amendment 51.

Amendment 53, page 39, line 3, leave out

“subsection (B1), (C1) or”

and insert

“any of subsections (B1) to”.—(Tom Pursglove.)

See explanatory statement to Amendment 51.

Amendment proposed: 116, page 39, line 9, at end insert—

“(F2) No criminal offence is committed under subsections (B1) to (D1) where a person enters or arrives in the United Kingdom for the purposes of making a claim for asylum or humanitarian protection, if the person is one of the following—

(a) an Afghan national who is a refugee because they face a risk of persecution in Afghanistan;

(b) a Syrian national who is a refugee because they face a risk of persecution in Syria;

(c) a Uighur who is a refugee because they face a risk of persecution in China;

(d) a Christian convert who is a refugee because they face a risk of persecution in their country of nationality; or

(e) other persons who are in need of international protection; or who are refugees because they are outside of their country of nationality for fear of persecution for a Convention reason as set out in article 1 of the Refugee Convention.”—(Stuart C. McDonald.)

Clause 39 as drafted would involve the criminalisation of the arrival and entry of asylum seekers and refugees with an offence subject to up to four years imprisonment. This amendment would prevent this from happening.

Question put, That the amendment be made.

Division number 138 Nationality and Borders Bill — Clause 39 - Illegal entry and similar offences

Aye: 232 MPs

No: 316 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

The House divided: Ayes 233, Noes 318.

Question accordingly negatived.

Amendments made: 54, page 39, line 11, leave out “, omit paragraph (a)” and insert

“—

(i) omit paragraph (a);

(ii) in paragraph (b), for the words from “either” to the end, substitute “fails to observe a condition of the leave;””

See explanatory statement to Amendment 51.

Amendment 55, page 39, line 11, at end insert—

‘(aa) in subsection (1A), for “subsection (1)(b)(i)” substitute “subsection (B1A)”;’

This amendment is consequential on Amendments 51 and 54.

Amendment 56, page 39, line 33, after “(B1)” insert “, (B1A)”.

This amendment is consequential on Amendment 51.

Amendment 57, page 39, line 35, after “(B1)” insert “, (B1A)”.

This amendment is consequential on Amendment 51.

Amendment 58, page 39, line 43, after “(B1)” insert “, (B1A)”.

This amendment is consequential on Amendment 51.

Amendment 59, page 39, line 46, after “(B1)” insert “, (B1A)”.—(Tom Pursglove.)

This amendment is consequential on Amendment 51.