Clause 19 - Priority removal notices: supplementary

Nationality and Borders Bill – in a Public Bill Committee at 2:00 pm on 26th October 2021.

Alert me about debates like this

Photo of Tom Pursglove Tom Pursglove Parliamentary Under Secretary of State (Ministry of Justice and Home Office) 2:00 pm, 26th October 2021

I beg to move amendment 62, in clause 19, page 22, line 43, leave out paragraphs (a) and (b) and insert—

“(a) the PRN cut-off date, or

(b) if later, the day on which any appeal rights of the PRN recipient in respect of a relevant claim are exhausted.”.

This amendment and Amendments 63 and 64 provide that a priority removal notice will remain in force for 12 months after a PRN recipient’s appeal rights are exhausted in relation to any protection or human rights claim brought while the notice is in force.

Photo of Siobhain McDonagh Siobhain McDonagh Labour, Mitcham and Morden

With this it will be convenient to discuss the following:

Government amendments 63 to 66.

Clause stand part.

Photo of Tom Pursglove Tom Pursglove Parliamentary Under Secretary of State (Ministry of Justice and Home Office)

This clause is supplementary to clause 18, which we have just discussed. It makes provision for the validity and effect of a priority removal notice. A priority removal notice imposes requirements to provide any reason and supporting evidence as to why a person should be allowed to remain in the UK. This will reduce the extent to which removal can be frustrated.

Where a priority removal notice has been issued, it will remain in force for a period of 12 months after either the cut-off date specified in the notice or after the recipient has exhausted their appeal rights. A period of 12 months will provide sufficient time for the person’s removal to be enforced. Following the service of a priority removal notice, any previous evidence notice, slavery or trafficking information notice, or notice under section 120 of the Nationality, Immigration and Asylum Act 2002, will cease to take effect. Any appeal right arising from a protection or human rights claim received after the cut-off date will be subject to the expedited process as provided for by clause 21, unless the claimant provides good reasons for late disclosure.

The amendments are minor and technical and are intended to ensure that the new priority removal notice will work as effectively as possible. Amendments 62 to 64 provide for a priority removal notice to remain in force for a period of 12 months after the recipient’s appeal rights are exhausted. Amendments 65 and 66 clarify that a priority removal notice will remain in force where the recipient is no longer liable to removal or deportation from the UK. This makes it clear that where the recipient of a priority removal notice makes an application to the EU settlement scheme that is later refused, they will remain subject to the priority removal notice.

Photo of Bambos Charalambous Bambos Charalambous Shadow Minister (Home Office)

The Opposition will oppose the clause standing part of the Bill. It forms part of the Bill’s new PRN regime, as initially set out in clause 18, and states that the PRN will remain in force until 12 months after the cut-off date or the person’s appeal rights become exhausted, whichever comes last. The Opposition believe that preventing people from being able to bring further evidence for 12 months after they have been issued with a PRN is wrong. It is unfair and it fails to consider the reasons for delayed disclosure, which range from psychological and cultural barriers to the crucial fact that those who are seeking asylum have fled their homes and may not have access to evidence immediately.

When applied narrowly and in conjunction with other clauses in part 2, the proposed provisions potentially risk significant breaches of the refugee convention and the principle of non-refoulement. For those reasons, and reasons discussed in the debate on clause 18, we will be voting against clause 19.

Amendment 62 agreed to.

Amendments made: 63, in clause 19, page 23, line 3, at end insert—

“(1A) In subsection (1) ‘relevant claim’ means a protection claim or a human rights claim brought by the PRN recipient while the priority removal notice is in force.”

See the explanatory statement to Amendment 62.

Amendment 64, in clause 19, page 23, line 4, after “rights” insert

“in respect of a claim”.

See the explanatory statement to Amendment 62.

Amendment 65, in clause 19, page 23, line 11, at end insert—

“(2A) A priority removal notice remains in force until the end of the period mentioned in subsection (1) even if the PRN recipient ceases to be liable to removal or deportation from the United Kingdom during that period.”

This amendment clarifies that although a priority removal notice can only be served on a person if they are liable to removal or deportation, the fact that the person ceases to be so liable does not mean that the notice will cease to have effect.

Amendment 66, in clause 19, page 23, line 23, leave out subsection (6) and insert—

“(6) Expressions used in this section that are defined for the purposes of section 18 have the same meaning in this section as in that section.”—

This amendment is consequential on Amendment 65.

Question put, That the clause, as amended, stand part of the Bill.

Division number 19 Nationality and Borders Bill — Clause 19 - Priority removal notices: supplementary

Aye: 8 MPs

No: 6 MPs

Ayes: A-Z by last name

Nos: A-Z by last name

The Committee divided: Ayes 8, Noes 6.

Question accordingly agreed to.

Clause 19, as amended, ordered to stand part of the Bill.