All change? Nationality & Borders Bill
Whilst the Bill still has to clear the House of Lords, there is a great concern over the impact of the Bill.
The Nationality and Borders Bill was announced in the House of Commons on 6 July 2021 and has been introduced following the government's New Plan for Immigration.
From 6 December 2021, the Nationality and Borders Bill returned to the House of Commons to be scrutinised and it will return to the House of Lords on 5 January 2022.
This legislation is described as the governments ‘new plan for immigration’. However, the bill has been heavily criticized as controversial. It makes changes to the UK Immigration System relating to asylum seekers and refugees by differentiating based on method of arrival, as well as looks to alter the current system for asylum claims and appeals and countering people smuggling and modern slavery.
The Home Secretary announced that the new plan will aim to:
- increase the fairness and efficacy of the system so that the UK can better protect and support those in genuine need of asylum;
- deter illegal entry into the UK, thereby breaking the business model of criminal trafficking networks and protecting the lives of those they endanger; and
- remove more easily from the UK those with no right to be here
However, the Bill contains several measures which are, or are likely to:
- arguably be incompatible with international law
- potentially damage access to justice, and
- impact on the role of lawyers in immigration cases
Some of the key elements are:
- There is a provision which allows the UK to be able to send asylum seekers to a ‘safe third country’ to submit claims at a place determined by the Secretary of State. It is believed the Bill gives potential to allow offshore processing centres to be set up overseas akin to policies used in Australia.
- The Bill gives Border Force powers to turn migrants away from the UK while at sea and makes it a criminal offence to knowingly arrived on the UK without permissions
- The maximum sentence for those entering the country unlawfully will rise from 6 months imprisonment to 4 years.
- There are changes to appeals processes, including removing stages of appeal or fast-tracking certain cases.
- It contains a plan to strip people of British Citizenship without notice. The existing law already allows deprivation of citizenship where people pose a threat to the UK including terrorism, fraudulent citizenship or war crimes. However, the amendment to the clause removes the right to do this without notification.
The powers the Bill gives are excessively broad and has been scrutinised to represent a troubling level of government overreach at the expense of individuals liberty and risks justice, and the rule of law.
Whilst the Bill still has to clear the House of Lords, there is a great concern over the impact of the Bill. As an example, the deprivation of citizenship clause.
Discussing this provision in the Commons on 7 December 2021, it was pointed out that individuals outside the UK are given 28 days to appeal the deprivation of their citizenship, and asked the government to clarify whether this deadline would be extended for those who had not been notified within the 28-day window.
Speaking for the government, a Home Office secretary insisted that the right of appeal would remain intact. MP’s are urging greater awareness of the detail of the legislation before the House of Lords begin their examination of it. It is a question of watch this space for more information as we discover more detail when the Bill reaches the House of Lords stage early next year.
Head of Marketing
+44 (0)370 270 6000
You may be interested in...
A pandemic legacy: flexibility
NHS pay deal – is this the end of the dispute?
Gender pay gap reporting – what are my obligations?
Employment claims: the new rates and limits from 6 April 2023
Plans to amend NHS pension rules to bolster NHS workforce approved by government
Increase to 20 hour limit on supplementary employment for Health and Care Worker visa holders
New report highlights risk of sidelining ED&I in school trusts
Mopping up after a leak – how businesses can take steps to protect their confidential information
UK Government publishes the Online Safety Bill: an overview
Wellbeing and financial considerations – practical solutions for challenging times
Browne Jacobson collaborates with The GLAA and University of Nottingham to tackle modern slavery and human trafficking
Teacher strikes – lessons learnt so far
Can toilet facilities amount to sex discrimination?
Consultation launched on minimum ambulance service levels during strike action
Opinion - Maternity services
Changes to redundancy protections for employees post-maternity leave
BMA issues medical locum rate card for junior doctors
Employee who refused to wear a face mask fairly dismissed
New toolkit to support safer recruitment in the care sector
Employment update webinar
Term-time school worker entitled to national minimum wage for unworked basic hours
Fire and re-hire – draft statutory code
Menopause and the workplace
Consultation on holiday entitlement – part-year and irregular workers
Government introduces new “anti-striking laws” to be discussed in Parliament
Twitter facing employment claims following mass redundanciesNews that Twitter is being threatened with multiple claims by UK employees following mass redundancies provides a reminder of the risks that comes with an employer implementing large scale redundancy exercises.
Industrial Action and Minimum Service Levels
Discrimination comes of age
Legal Update - Shared Insights
Shared Insights: Looking ahead to 2023 – what Health and Care employers need to know
Rising Employment Tribunal backlog
Official statistics demonstrate a new wave of age discrimination claims
Menopause and the NHS workforce addressing the female brain drain…
4-day working week a success?The Covid-19 pandemic drastically changed the world’s way of working, with increased flexibility being greatly desired by employees. Earlier on in the year, a number of organisations trialled the concept of a 4-day working week – which has clearly been a success for many.
Coming of age
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
Starling Bank employment tribunal
The outcome of the Employment Tribunal claim brought by Gulnaz Raja against Starling Bank Limited (1) (Starling), and Matthew Newman (2) was reported last month.
EU banks show slow progress on gender diversity
Rising wages ahead
In the Autumn Statement delivered on 17 November, rises to the National Living Wage and National Minimum Wage rates were announced, to take effect from 1 April 2023.
World Cup 2022 – how employers can avoid scoring an own goal!
The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
Settlement agreements – what are the limitations?
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
The Starling Bank disability discrimination decision
The vanishing dismissal
Where an employee appeals against their dismissal under a contractual appeal procedure and their appeal is successful, reinstatement to their previous role is automatic and does not require approval or agreement from the employee.