Nationality and Borders Bill: Progress of the Bill

The Nationality and Borders Bill was published on 6 July 2021. Most of its provisions apply across the UK.

Second reading took place over 19 and 20 July 2021. The Bill was granted a second reading by 366 votes to 265. Labour and the SNP voted against it.

The Bill was considered in Public Bill Committee over 16 sittings between September – November. The first four sittings took evidence from expert witnesses.

Changes made in Committee

References to clause numbers in this briefing reflect the version of the Bill as amended in Committee (Bill 187 of 2021-22).

The Bill as introduced included six “placeholder” clauses. These have now been replaced by substantive clauses, tabled as government amendments/new clauses/schedules at Committee stage. They cover:

• Authorisation to work in UK (now clause 42 and Schedule 5).
• Prisoners liable to removal (now clause 46 and Schedule 7).
• New processes for conducting age assessments (now clauses 48 – 56).
• New powers to impose visa penalties (now clauses 69 and 70).
• Introduction of an electronic travel authorisation requirement (now clause 71). This is supported by an extension of the carriers’ liability scheme (now clause 72).
• Expanding the remit of the Special Immigration Appeals Commission (now clause 73).

In addition, several other entirely new clauses tabled by the Government were added to the Bill:

• Notice of decision to deprive a person of citizenship (now clause 10).
• Expedited appeals: joining of related appeals (now clause 23).
• Removals: notice requirements (now clause 54).
• Counter-terrorism questioning of detained entrants (now clause 74).

The Committee also approved all government amendments. Broadly, these clarified drafting and made minor and technical changes.

No non-government amendments or new clauses were added to the Bill.