Joint NIHRC / ECNI Briefing Paper on the Modern Slavery and Human Trafficking and Electronic Travel Authorisation provisions in the Nationality and Borders Bill
Date produced: January 2022
NB – In line with the Commissions’ relevant remits, some recommendations are made only by NIHRC
3.6 The Commissions recommend that the House of Lords amend the Nationality and Borders Bill to remove Northern Ireland from the extent of Clause 67, to avoid potential breach of the “no-diminution” commitment under Article 2 of the Ireland/Northern Ireland Protocol.
4.8 The Commissions recommend that the ‘extent’ provisions at Clause 82 in the Bill be amended to exclude Northern Ireland from the operation of Clauses 57, 58, 60, 61, 62 and 67, in order to ensure no diminution of the rights of victims of trafficking in Northern Ireland and to avoid potential breach of Protocol Article 2 in this regard.
4.10 The NIHRC recommends that the House of Lords enquire what consideration was given to the needs of child victims of modern slavery and human trafficking and how the best interests principle will be ensured.
5.9 The NIHRC recommends that Clause 71 (Electronic Travel Authorisation) is amended to provide a mechanism for timely review and/or appeal.
5.10 The NIHRC recommends that that all journeys into Northern Ireland, that originate from Ireland, should be exempt from ETA requirements.
6.2 The Commissions recommend that the House of Lords enquire what consideration was given to Protocol Article 2 in the development of this legislation, and recommend that Article 2 should be considered and complied with throughout its implementation and the development of regulations and guidance.
6.3 The Commissions recommend that no provision made in or under the Bill, insofar as it extends to Northern Ireland, should be inconsistent with Protocol Article 2.
6.4 The Commissions recommend that the House of Lords request that Explanatory Notes accompanying the Nationality and Borders Bill indicate what consideration has been given to compliance with Protocol Article 2 and provisions which engage it.