Lead member
Dame Angela Eagle
Labour, Wallasey
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
To move the following Clause—
“Conditions on limited leave to enter or remain and immigration bail
(1)
The Immigration Act 1971 is amended in accordance with subsections (2) and (3).
(2)
In section 3(1)(c) (conditions which may be applied to limited leave to enter or remain in the United Kingdom)—
(a)
omit the “and” at the end of sub-paragraph (iv), and
(b)
at the end of sub-paragraph (v) insert—
“(vi)
an electronic monitoring condition (see Schedule 1A);
(vii)
a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;
(viii)
a condition requiring the person to remain within a particular area;
(ix)
a condition prohibiting the person from being in a particular area;
(x)
such other conditions as the Secretary of State thinks fit.”
(3)
Before Schedule 2 insert—
“Schedule 1ASection 3(1)(c)(vi)
ELECTRONIC MONITORING CONDITIONS
1
For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—
(a)
P's location at specified times, during specified periods of time or while the arrangements are in place;
(b)
P's presence in a location at specified times, during specified periods of time or while the arrangements are in place;
(c)
P's absence from a location at specified times, during specified periods of time or while the arrangements are in place.
2
The arrangements may in particular—
(a)
require P to wear a device;
(b)
require P to make specified use of a device;
(c)
require P to communicate in a specified manner and at specified times or during specified periods;
(d)
involve the exercise of functions by persons other than the Secretary of State.
3
If the arrangements require P to wear, or make specified use of, a device they must—
(a)
prohibit P from causing or permitting damage to, or interference with, the device, and
(b)
prohibit P from taking or permitting action that would or might prevent the effective operation of the device.
4
An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.
5
In this Schedule “specified” means specified in the arrangements.”
(4)
In Schedule 10 to the Immigration Act 2016 (immigration bail), in paragraph 2(1) (conditions of bail), after paragraph (e) insert—
“(ea)
a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;
(eb)
a condition requiring the person to remain within a particular area;
(ec)
a condition prohibiting the person from being in a particular area;””
Member's explanatory statement
This new clause makes provision about the conditions which can be imposed on a grant of leave to enter or remain in the United Kingdom or a grant of immigration bail.