Lords division · 17 Jul 2023 · No. 3

Illegal Migration Bill

Baroness Butler-Sloss moved Motion D1, as an amendment to Motion D, to leave out from “House” to end and insert “do insist on its disagreement with the Commons in their Amendments 36A and 36B, do not insist on its Amendments 36C and 36D, and do propose Amendments 36E and 36F in lieu of Amendments 36C and 36D—36E Clause 10, page 14, leave out lines 41 to 44 and insert—“(2E) If the person being detained under sub-paragraph (2C) is an unaccompanied child, then the person may not be detained under that sub-paragraph for more than a period of 72 hours or for more than a period of 96 hours where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).(2EA) Where a person is detained under a provision of this Act and then (without being released) under a provision of the Nationality, Immigration and Asylum Act 2002, or vice versa, the period referred to in sub-paragraph (2E) begins with the point at which the person was first detained under the relevant provisions of either of those Acts.(2EB) The Secretary of State may, by regulations, specify time limits of less than a period of 72 hours or less than 96 hours where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), that apply in relation to the detention of an unaccompanied child under sub-paragraph (2C).”36F Clause 10, page 16, leave out lines 32 to 34 and insert—“(2C) If the person being detained under subsection (2A) is an unaccompanied child, then the person may not be detained under that subsection for more than a period of 72 hours or for more than a period of 96 hours where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).(2CA) Where a person is detained under a provision of the Immigration Act 1971 and then (without being released) under a provision of this Act, or vice versa, the period referred to in subsection (2C) begins with the point at which the person was first detained under the relevant provisions of either of those Acts.(2CB) The Secretary of State may, by regulations, specify time limits of less than a period of 72 hours or less than 96 hours where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975), that apply in relation to the detention of an unaccompanied child under subsection (2A).””The House divided:

The Not Contents have it

Majority 7

Contents: 200 Not Contents: 207

At a glance The Not Contents won by a margin of 7 votes. The Government's position was Not Content, and it won.

How the parties voted

Contents

Labour	101
Liberal Democrat	60
Crossbench	22
Non-affiliated	9
Bishops	5
Green Party	2
Democratic Unionist Party	1

Not Contents

Conservative	184
Non-affiliated	12
Crossbench	9
Lord Speaker	1
Reform UK	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.

Tellers: Lord Kennedy of Southwark (Content), Baroness Twycross (Content), The Earl of Courtown (Not Content), Baroness Williams of Trafford (Not Content).