New Clause 13 - Reporting to Parliament in relation to the prevention of death

Part of Nationality and Borders Bill – in a Public Bill Committee at 2:00 pm on 4 November 2021.

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“(1) The Secretary of State must within 12 months of the commencement of this section, and thereafter within each successive 12 months’ period, lay before Parliament a report concerning the deaths of people subject to asylum and immigration powers.

(2) A report required by this section must state the number of people subject to asylum and immigration powers who have died since—

(a) state the number of people subject to asylum and immigration powers who have died since—

(i) the commencement of this section (in the case of the first report laid under this section); or

(ii) the previous report laid under this section (in all other cases); and

(b) set out the support arrangements that the Secretary of State has implemented in that year to assist those directly affected by the deaths, and what changes in these arrangements are planned for the next year.

(3) Subject to subsection (5), the report required by this section must—

(a) in relation to each death to which subsection (2) refers, identify—

(i) whether the deceased was at the time of death detained under immigration powers,

(ii) whether the deceased had an asylum claim outstanding,

(iii) whether the deceased was in receipt of accommodation or support from the Secretary of State,

(iv) whether the deceased was a relevant child or young person,

(v) whether the deceased was under the control of any person acting under the authority of the Secretary of State,

(vi) the age, nationality and gender of the deceased,

(vii) any protected characteristic of the deceased,

(viii) the steps taken by the Secretary of State to support any family member of, or other person directly affected, by the death,

(ix) such further information as the Secretary of State shall consider relevant; and

(b) include a statement by the Secretary of State in relation to each such death concerning the impact, if any, of any relevant function, power, decision or discretion upon the circumstances causally connected to that death; and

(c) set out any changes to legislation, policy or practice that the Secretary of State proposes or has made to prevent the occurrence or continuation of circumstances creating a risk of death or to eliminate or reduce that risk in those circumstances; and

(d) describe the Secretary of State’s policy and practice in providing assistance to or receiving assistance from statutory bodies with responsibilities relating to the investigation or prevention of death.

(4) In making any statement to which subsection (3)(b) refers, the Secretary of State shall take into consideration both acts and omissions in relation to the exercise of any function, power or discretion and the making of any decision (including any omission to make a decision).

(5) Where the Secretary of State is unable to fulfil the requirements of subsection (3) in relation to any particular death by reason of there being insufficient time to compile and consider the relevant circumstances relating to the person who has died, the Secretary of State shall state this in the report and shall fulfil those requirements in the next report required by this section.

(6) In this section—

a person is “subject to asylum or immigration powers” if that person—

(a) is detained under immigration powers;

(b) has made an asylum claim that remains outstanding (including where it is being treated as inadmissible but the person remains in the UK);

(c) is in receipt of accommodation or support provided or arranged by the Secretary of State;

(d) is a relevant child or young person; or

(e) is under the control of any person acting under the authority of the Secretary of State in pursuance of asylum or immigration functions;

“relevant function, power, decision or discretion” refers to functions, powers, decisions or discretion in relation to asylum or immigration functions that are exercised or may be exercised by the Secretary of State, an immigration officer or a person to whom the Secretary of State has delegated that exercise;

“protected characteristic” has the same meaning as in the Equality Act 2010;

a “relevant child or young person” means a person who is subject to immigration control and—

(a) is in the care of a local authority; or

(b) is receiving support from a local authority as a result of having been in such care;

a person (P) is “under the control” of another person (A) where—

(a) P is being escorted by A within or from the UK,

(b) P in the custody of A,

(c) P is reporting (including remotely) to a designated place (including remotely) in compliance with a requirement imposed by A, or

(d) P is residing at a designated place in compliance with a requirement imposed by A;