Overview

This Immigration Bill amendment centers on two key issues: the appointment of independent child trafficking guardians for potential child victims of trafficking and a review of the government's power to strip individuals of their citizenship. The Commons disagree with the Lords' amendments primarily due to concerns about the associated public costs.

Description

Child Trafficking Guardians

The amendment proposes appointing independent child trafficking guardians for all children in the UK who are potential victims of human trafficking. These guardians will advocate for the child's best interests, ensuring they receive appropriate care, legal representation, and support in navigating the immigration and legal systems. Their roles include advocating for appropriate care, assisting with legal processes, and maintaining contact with relevant bodies and the child's family (where appropriate).

Citizenship Deprivation

The amendment concerns Section 40 of the British Nationality Act 1981, which allows the government to remove citizenship. The Lords' amendment would create a parliamentary committee to review this power. The Commons amendment adds a requirement that the Secretary of State must have reasonable grounds to believe that the individual could obtain citizenship in another country before deprivation. It also mandates regular reviews of the government's use of this power and the publishing of reports on these reviews to Parliament.

Government Spending

The Commons rejected both Lords amendments (16 and 24) relating to child trafficking guardians because of the associated public expenditure, though no figures were provided.

Groups Affected

• Children potentially trafficked into the UK: Will benefit from increased legal protection and support if the Lords’ amendments are accepted.
• Individuals facing citizenship deprivation: Will be impacted by amendments relating to the process and justification for the removal of citizenship. The addition of the requirement to demonstrate the person could obtain citizenship elsewhere will provide added protection to some individuals.
• UK Government: Will face additional financial burdens associated with appointing and supporting child trafficking guardians and undertaking regular reviews of citizenship deprivation if the Lords’ amendments are accepted.
• Charities and statutory bodies: May be involved in providing services, training and appointing child trafficking guardians.

Powered by nyModel