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Select committee: Constitution Committee

16th Report - Illegal Migration Bill

Published 19 May 2023

Constitution Committee Illegal Migration Bill Report on parliament.uk ↗

At a glance2 recommendations · Government response published 6 July 2023

The government's response

Summary written by Accountability Index from the government's response. It is not the government's own words.

The Government responds to the Constitution Committee's report on the Illegal Migration Bill by defending most of the Bill's provisions, while tabling amendments to widen suspensive claims and accepting that placeholder clauses should only be used "in exceptional circumstances".

  • On judicial review and executive power, the Government "does not accept" that the Bill "provides an unusual degree of power to the executive"; it says the Bill provides for challenges to be non-suspensive and for judicial supervision through the suspensive claims process.
  • On suspensive claims, it has tabled amendments to replace "factual suspensive claims" with a "removal conditions suspensive claim", and "intends to provide guidance" for decision makers on when the claim period can be extended.
  • On delegated powers and human rights, it considers the affirmative procedure for clause 39 and the negative procedure for clause 56 appropriate, and is "not persuaded of the case for statutory guidance" on compatible implementation.
  • On devolution, it says it would not be "necessary or appropriate" for the clause 19 and 23 powers to require devolved consent, but will continue engagement, including consulting on regulations under clause 19 on unaccompanied children.

Read the government's response ↗ Report an error

Sources

Recommendations and conclusions 2

  1. 38
    We recommend that the Bill is amended to provide for guidance, subject to parliamentary scrutiny,... Recommendation Recommendation (the committee's words)
    We recommend that the Bill is amended to provide for guidance, subject to parliamentary scrutiny, on how the Bill is to be implemented compatibly with Convention rights. Section 3 of the Human Rights Act 1998
  2. 49
    We recommend that the House seek further information from the Government on the steps it... Recommendation Recommendation (the committee's words)
    We recommend that the House seek further information from the Government on the steps it has taken to agree an appropriate approach to the treatment of unaccompanied children across the United Kingdom. Delegated powers