Lords defend the law and refugees

The Lords have passed a total of sixteen amendments to the Illegal Migration Bill, with strong backing from cross bench peers and the bishops. These amendments now go back to the commons, so this is your chance to lobby your MP to support these reforms.

It is likely the government will reject these moderate changes to the bill, which is why many peers wanted to reject the bill outright and would have done so if Labour had not abstained. This would have forced the government to invoke the parliament act, which takes around a year to enact.

1) The first amendment adds a new clause to prevent LGBT people being removed to countries where they have a well-founded fear of persecution; or to a country which is subject to proceedings under Article 7 of the Treaty on European Union.

2) retains the existing limit of 24 hours for the detention of unaccompanied children.

3) retains the existing limit of 72 hours (or one week with ministerial approval) for the detention of children.

4) is a paving amendment to retain the existing limit of 72 hours for the detention of pregnant women.

5) requires the Secretary of State to consider a protection or human rights claim if the applicant has not been removed from the UK within six months of being deemed inadmissible and to disapply other provisions of the Act at this point.

6) is a paving amendment to confirm the that the lawfulness of immigration detention remains subject to the principles established in the common law, including the Hardial Singh principles that limit detention powers.

7) limits the Secretary of State’s power to transfer a child out of local authority care by restricting this to cases where it is necessary to safeguard and promote the welfare of the child

8) exempts people who have been unlawfully exploited in the United Kingdom from removal during the statutory recovery period for potential victims of slavery or human trafficking.

9) requires the Secretary of State to make provision by regulation about when it is necessary for a person to be present in the United Kingdom to cooperate with an investigation or criminal proceedings in relation to slavery or human trafficking.

10) replaces a clause in order to remove the time limit for serious harm suspensive claims and to remove examples of harms specified as not serious harms for the purposes of serious harm suspensive claims.

11) removes a clause that would have prohibited courts or tribunals from granting interim remedies that prevent or delay the removal of persons from the United Kingdom.

12) reinstates the right of appeal against age assessments in respect of those who are considered to be children, whom there is a duty to remove under the Act.

13) allows appeals for age of assessment to grant relief in cases where the previous decision was wrong or misinformed on a matter of fact, not just of law.

14) adds a new clause requiring the Secretary of State to make regulations specifying additional safe and legal routes within two months of the required report on existing and proposed safe and legal routes.

15) adds a new clause to give the National Crime Agency a legal responsibility for tackling organised crime across the Channel and to maintain a specific unit for this purpose.

16) adds a new clause requiring the Secretary of State to have a ten-year strategy for collaborating internationally to tackle refugee crises affecting migration by irregular routes and human trafficking.