division_name: Nationality and Borders Bill - <i>Report (3rd Day)</i> &#8212; Amendment 68A
motion: <p class="italic" pid="b1312.1/1" pwmotiontext="unrecognized">Moved by Baroness Butler-Sloss</p>
  
  <p class="italic" pid="b1312.1/2" pwmotiontext="unrecognized">68A: Clause 62, leave out Clause 62 and insert the following new Clause&#8212;&#8220;Identified potential victims etc: disqualification from protection(1) This section applies to the construction and application of Article 13 of the Trafficking Convention.(2) A competent authority may determine that it is not bound to observe the minimum recovery period under section 60 of this Act in respect of a person in relation to whom a positive reasonable grounds decision has been made if the authority is satisfied that it is prevented from doing so&#8212;(a) as a result of an immediate, genuine, present and serious threat to public order, or(b) because the person is claiming to be a victim of modern slavery improperly.(3) Any determination made under subsection (2) must only be made&#8212;(a) in exceptional circumstances,(b) where necessary and proportionate to the threat posed, and(c) following an assessment of all the circumstances of the case.(4) A determination made under subsection (2) must not be made where it would breach&#8212;(a) a person&#8217;s rights under the European Convention on Human Rights,(b) the United Kingdom&#8217;s obligations under the Trafficking Convention, or(c) the United Kingdom&#8217;s obligations under the Refugee Convention.(5) For the purposes of a determination under subsection (2)(b) victim status is being claimed improperly if the person knowingly and dishonestly makes a false statement without good reason, and intends by making the false statement to make a gain for themselves.(6) A good reason for making a false statement includes, but is not limited to, circumstance where&#8212;(a) the false statement is attributable to the person being or having been a victim of modern slavery, or(b) any means of trafficking were used to compel the person into making a false statement.(7) This section does not apply where the person is under 18 years at the time of the referral.(8) Nothing in this section affects the application of section 60(2).&#8221;Member&#8217;s explanatory statementThis new Clause is an alternative to clause 62. It ensures that the power currently provided for in Clause 62 is exercised in line with the UK&#8217;s obligations under Article 13 of the Trafficking Convention. This amendment also protects child victims of modern slavery from disqualification from protection.</p>
  
  <p pid="b1312.2/2" pwmotiontext="yes">Ayes 210, Noes 128.</p>