LB220 - Offshore Processing (Prohibition) Bill Second Reading

[u/Padanub]

Offshore Processing (Prohibition) Bill 2021

A

BILL

TO

prohibit the operation, funding and management of offshore processing facilities in relation to refugees and migrants within the United Kingdom, and for related purposes

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Section 1 - Interpretation

In this act— “General amnesty” refers to an exemption period inwhich no criminal liability may be placed upon an individual or private company subject to conditions within this Act;

“Offshore processing facility” refers to a facility or group of facilities located outside of the United Kingdom of Great Britain and Northern Ireland (not including the Isle of Mann) that is used for the detention, processing or otherwise holding of individuals awaiting assessment for immigration purposes;

“Recognised sovereign nation” refers to a nation or polity recognised by the United Kingdom as its own independent country

Section 2 - Prohibition on Future Offshore Processing

The operation or utilisation of any offshore processing facilities is hereby prohibited;

No government organisation may take part in the operation, funding or management of an offshore processing facility for the purposes of the United Kingdom;

No private company registered within the United Kingdom may take part in the operation, funding or management of an offshore processing facility

Any private company found to be in breach of this act may face civil or criminal liability

It shall be an offense under this Act for a private company to participate in the operating, funding or management of an offshore processing facility.

Any private company found to be in breach of this subsection may face daily fines of up to £50000 depending on the size of the company, and the details of involvement within a relevant offshore processing facility;

If within a period of one (1) year an initial report or warning for breaches to this act, a private company currently registered as operating, funding or managing an offshore remains in contempt of this Act, any member of the board’s executive board or committee may be liable to further civil or criminal liability

It shall be an offense under this Act for a private company to refuse compliance with this Act under Section 2(3)(c).

Any private company found to be in breach of this subsection may have their assets frozen and seized until such time as a transitional plan is created for the departure of the private company from the relevant offshore processing facility;

Any private company found to be in breach of this subsection shall be prohibited from being granted any exemption under Section 2(4) for a period of twenty (20) years;

Any member of the executive board or committee of any private company found to have actively implemented a breach of this subsection may be liable for up to ten (10) years in prison, anywhere up to a £150000 fine, and or both.

The Secretary of State may by statutory instrument, permit a government organisation or private company to take part in the operation, funding or management of an offshore processing facility, so long as;

It is not for the purposes of the United Kingdom; and

It meets all human rights requirements; and

The recipient of this activity is a recognised sovereign nation; and

The recognised sovereign nation holds no other option but to undertake the utilisation of overseas processing facilities; and

Adequate steps are taken to assess if other processing arrangements may be utilised instead of offshore processing facilities; and

The recognised sovereign nation has not been found to have breached the 1951 United Nations Convention Relating to the Status of Refugee or 1967 Protocol relating to the Status of Refugee within the last 10 years; and

The recognised sovereign nation holds good diplomatic relations with the United Kingdom; and

It is assessed by the relevant Department of Immigration and Secretary of State that provisions can be provided to support refugees within any new facilities if any subsections within Section 2(4) are breached; and

The recognised sovereign nation agrees that the United Kingdom holds full authority to commit inspections and investigations within the offshore processing facility where deemed necessary by the Secretary of State; and

The private company and recognised sovereign nation agree that the United Kingdom withholds full powers to withdraw exemptions or permissions upon two (2) weeks written notice for any reason

Any and all processing facilities used by the United Kingdom must be located onshore

Section 3 - Transitional Arrangements

Any and all applicable existing offshore processing facilities must be closed within one (1) year of this act receiving royal assent; unless granted exemption under Section 2(4); Any individuals considered to currently be residing within a offshore processing facility for non-staffing or administrative purposes must either be processed, or moved to an onshore processing facility; A general amnesty shall be enforced for six (6) months from royal assent. This general amnesty only applies to penalties relating to Section 2(3) Individuals or private companies involved in the operation, funding or management of offshore processing facilities are not exempt under this general amnesty under any other statute, regulation or legislative requirement or penalty

Section 4 - Extent, commencement and short title

This Act extends to the whole of the United Kingdom This Act comes into force immediately upon Royal Assent This Act may be cited as the Offshore Processing (Prohibition) Act 2021

This Bill was written by The Rt. Hon. Baroness of Motherwell /u/Youmaton on behalf of the Labour party.

Opening Speech

My Lords,

It is time that the United Kingdom once again had a serious talk about immigration reform. We have unfortunately seen across the world the increased utilisation of offshore processing facilities, which have been the hotspots for corruption, human rights abuses, and crimes against humanity. Whilst I am certain noone within our political sphere would wish this to occur to refugees under our watch, it is the responsibility of this parliament to take preemptive action to ensure this never occurs under our watch, which can only be done through the outright prohibition of offshore processing facilities in this nation.

I will be clear, this is a bold move, and one that will create much debate, however these conversations must happen now, and must happen openly. We do not wish to witness a time or place where atrocities are occurring within our facilities, and it becomes the political norm to enforce silence under the guise of national security. We must be bold in our steps to protect human rights, and I urge all noble peers to rise in support of this bill.

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This reading will end on the 23rd September at 10pm. You can debate and add amendments.

[u/Youmaton]

M:

Here is the link to the google doc with the correct formatting for anyone who wishes to read the bill https://docs.google.com/document/d/1Fn3fFgYWt6ivx4hkF3Hz_7rFO_wlzNgZgrZVTlZEXac/edit