Clause 11 - Powers of detention

Illegal Migration Bill – in the House of Commons at 5:45 pm on 26 April 2023.

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Votes in this debate

Amendments made: 140, page 14, leave out lines 1 to 40.

This amendment is consequential on Amendment 83.

Amendment 134, page 14, line 40, at end insert—

“(2EA) The powers in sub-paragraph (2C) may be exercised in respect of an unaccompanied child only in the circumstances specified in regulations made by the Secretary of State.

(2EB) The Secretary of State may, by regulations, specify time limits that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C)(d)(iv) (detention of unaccompanied child in relation to removal).

(2EC) Regulations under sub-paragraph (2EA) may confer a discretion on the Secretary of State or an immigration officer.

(2ED) Regulations under sub-paragraph (2EA) or (2EB)—

(a) may make different provision for different purposes;

(b) may make consequential, supplementary, incidental, transitional or saving provision;

(c) must be made by statutory instrument.”

This amendment limits the powers in inserted sub-paragraph (2C) in paragraph 16 of Schedule 2 to the Immigration Act 1971 to detain unaccompanied children so that they may only be exercised in the circumstances specified in regulations made by the Secretary of State. It also allows the Secretary of State to make regulations specifying time-limits for detaining unaccompanied children under sub-paragraph (2C)(d)(iv).

Amendment 141, page 14, line 41, leave out “or (2D)”.

This amendment is consequential on Amendment 83.

Amendment 142, page 14, line 44, leave out “or (2D)”.

This amendment is consequential on Amendment 83.

Amendment 135, page 14, line 46, at end insert—

“(2H) A statutory instrument containing regulations under sub-paragraph (2EA) or (2EB) is subject to annulment in pursuance of a resolution of either House of Parliament.

(2I) In sub-paragraphs (2EA) and (2EB), “unaccompanied child” has the same meaning as in the Illegal Migration Act 2023 (see section 3 of that Act).”—(Robert Jenrick.)

This amendment is consequential on Amendment 134. It applies the negative procedure to regulations under sub-paragraph (2EA) or (2EB) and inserts a definition of “unaccompanied child”.

Amendment proposed: 2, page 14, line 46, at end insert—

“(2H) Sub-paragraphs (2C) to (2G) above do not apply to any person who—

(a) entered the United Kingdom as an unaccompanied child;

(b) has at least one dependant child; or

(c) is a pregnant woman.”—(Dame Diana Johnson.)

This amendment would prevent an immigration officer’s detention powers from being used to detain unaccompanied children, families with dependant children or pregnant women.

Question put, That the amendment be made.

Division number 225 Illegal Migration Bill Report Stage: Amendment 2

Aye: 228 MPs

No: 286 MPs

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

The House divided: Ayes 231, Noes 286.

Question accordingly negatived.