Motion D1 (as an amendment to Motion D)

Nationality and Borders Bill - Commons Amendments – in the House of Lords at 6:36 pm on 26th April 2022.

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Baroness Lister of Burtersett:

Moved by Baroness Lister of Burtersett

At end insert “and do propose Amendments 7F and 7G in lieu—

7F: After Clause 12, insert the following new Clause—“Changes to the Immigration Act 1971(1) The Immigration Act 1971 is amended as follows.(2) After section 3(2) (general provisions for regulation and control) insert—“(2A) Regulations under subsection (2) must provide that persons, and adult dependants of persons, who are applying for asylum in the United Kingdom are granted permission by the Secretary of State to take up employment if—(a) a decision at first instance has not been taken on the applicant’s asylum application within six months of the date on which the application was made, or(b) a person makes an application or a further application which raises asylum grounds, and a decision on that new application, or a decision on whether to treat such further asylum grounds as a new application, has not been taken within six months of the date on which the further application was made.(2B) For the purposes of subsection (2A), regulations must ensure that permission granted allowing people applying for asylum in the United Kingdom, and their adult dependants, to take up employment, is on terms no less favourable than the terms granted to a person with recognised refugee status.(2C) Such permission is to be valid until the claim is determined and all appeal rights have been exhausted and individuals granted permission to work must be issued with physical proof of the right to work.”(3) The Secretary of State may, by regulations made by statutory instrument, repeal subsection (2) of this section, if the conditions set out in subsections (4) and (5) have been met.(4) The first condition is that within three years of the coming into force of this section, but no sooner than two years after the coming into force of this section, the Secretary of State has commissioned a review of whether the provisions inserted into the Immigration Act 1971 by subsection (2) have acted in such a way as to encourage persons applying for asylum, and adult dependants of such persons, to travel to the United Kingdom.(5) The second condition is that the Secretary of State has, within three years of the coming into force of this section, published the outcome of the review under subsection (4).(6) Regulations under subsection (3) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.”

7G: Clause 83, page 84, line 27, at end insert—“(aa) section (Changes to the Immigration Act 1971);””

Photo of Baroness Lister of Burtersett Baroness Lister of Burtersett Labour

I beg to move.

Ayes 220, Noes 219.

Division number 3 Nationality and Borders Bill - Commons Amendments — Motion D1 (as an amendment to Motion D)

Aye: 220 Members of the House of Lords

No: 219 Members of the House of Lords

Ayes: A-Z by last name

Nos: A-Z by last name

Motion D1 agreed.