Lords division · 26 Apr 2022 · No. 3

Nationality and Borders Bill

Baroness Lister of Burtersett moved Motion D1, as an amendment to Motion D, at end to 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);””The House divided:

The Contents have it

Majority 1

Contents: 220 Not Contents: 219

At a glance The Contents won by a margin of 1 vote. The Government's position was Not Content, and it lost.

How the parties voted

Contents

Labour	99
Liberal Democrat	69
Crossbench	35
Non-affiliated	9
Conservative	3
Green Party	2
Bishops	2
Plaid Cymru	1

Not Contents

Conservative	187
Non-affiliated	13
Crossbench	12
Democratic Unionist Party	4
Reform UK	1
Lord Speaker	1
Ulster Unionist Party	1

The party breakdowns are our own analysis of the official voting records (recorded votes only; they do not describe the formal whip). How we work this out.

Peers attend divisions ad hoc, so there is no did-not-vote list. Tellers are counted in the Content and Not Content totals, unlike in the Commons.