Amendments proposed to the Nationality, Immigration And Asylum Bill - continued House of Commons

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Accommodation centres: Northern Ireland (No. 1)
   

Angela Eagle

NC3

To move the following Clause:—

    '(1)   The Secretary of State may not make arrangements under section 14 for the provision of premises in Northern Ireland unless he has consulted the First Minister and the deputy First Minister.

    (2)   The Secretary of State may by order make provision in relation to the education of residents of accommodation centres in Northern Ireland.

    (3)   An order under subsection (2) may, in particular—

      (a) apply, disapply or modify the effect of an enactment (which may include a provision made by or under Northern Ireland legislation);

      (b) make provision having an effect similar to the effect of a provision of section 30 or 31.'.


Accommodation centres: Wales
   

Angela Eagle
Simon Hughes
Mr Richard Allan

NC4

To move the following Clause:—

    'The Secretary of State may not make arrangements under section 14 for the provision of premises in Wales unless he has consulted the National Assembly for Wales.'.


Withdrawal of support under Part 2
   

Angela Eagle

NC10

To move the following Clause:—

    '(1)   The Secretary of State may stop providing support for a person under section 15 or 22 if—

      (a) the Secretary of State suspects that the person or a dependant of his has committed an offence by virtue of section 29, or

      (b) the person or a dependant of his has failed to comply with directions of the Secretary of State as to the time or manner of travel to accommodation provided under section 15 or 22.

    (2)   The Secretary of State may by regulations specify other circumstances in which he may stop providing support for a person under section 15 or 22.

    (3)   In determining whether or not to provide a person with support or assistance under section 15 or 22 of this Act or section 4, 95 or 98 of the Immigration and Asylum Act 1999 (c.33) (asylum-seeker) the Secretary of State may take into account the fact that—

      (a) he has withdrawn support from the person by virtue of this section or section 26(4) or (5), or

      (b) circumstances exist which would have enabled the Secretary of State to withdraw support from the person by virtue of this section had he been receiving support.

    (4)   This section is without prejudice to section 103 of the Immigration and Asylum Act 1999 (c.33) (appeal against refusal to support).'.


Support for asylum-seeker: family with children
   

Angela Eagle

NC11

To move the following Clause:—

    'The following shall be substituted for section 122 of the Immigration and Asylum Act 1999 (c.33) (destitute asylum-seeker with child: duty to support)—

          "122Family with children    (1)   This section applies where a person ("the asylum-seeker") applies for support under section 95 of this Act or section 15 of the Nationality, Immigration and Asylum Act 2002 (accommodation centres) if—

          (a) the Secretary of State thinks that the asylum-seeker is eligible for support under either or both of those sections, and

          (b) the asylum-seeker's household includes a dependant child who is under 18.

          (2)   The Secretary of State must offer the provision of support for the child, as part of the asylum-seeker's household, under one of the sections mentioned in subsection (1).

          (3)   A local authority (or, in Northern Ireland, an authority) may not provide assistance for a child if—

          (a) the Secretary of State is providing support for the child in accordance with an offer under subsection (2),

          (b) an offer by the Secretary of State under subsection (2) remains open in respect of the child, or

          (c) the Secretary of State has agreed that he would make an offer in respect of the child under subsection (2) if an application were made as described in subsection (1).

          (4)   In subsection (3) assistance means assistance under—

          (a) section 17 of the Children Act 1989 (c.41) (local authority support),

          (b) section 22 of the Children (Scotland) Act 1995 (c.36) (similar provision for Scotland), or

          (c) Article 18 of the Children (Northern Ireland) Order 1995 (S.I. 1995/775 (N.I. 2)) (similar provision for Northern Ireland).

          (5)   The Secretary of State may by order disapply subsection (3) in specified circumstances.

          (6)   Where subsection (3) ceases to apply to a child because the Secretary of State stops providing support, no local authority may provide assistance for the child except the authority for the area within which the support was provided.".'.


British citizenship
   

Mr Neil Gerrard

NC2

To move the following Clause:—

       'Any person who was a British Overseas citizen under the British Nationality Act 1981 or the Hong Kong Act 1985 or a British subject, or a British Protected Person, immediately before commencement of this Act, and who holds no other citizenship, shall at commencement of this Act become a British citizen.'.


Entitlements of expectant mothers and children (No. 2)

   

Mr Neil Gerrard

NC6

To move the following Clause:—

    '.—(1)   Any scheme made under section 13(3) of the Social Security Act 1988 (c.7) shall provide that entitlement to free milk, dried milk and vitamins shall extend to expectant mothers or children under the age of five who are, or are members of a family in which a person is, supported under Part VI of the Immigration and Asylum Act 1999 (c.33).

    (2)   The Secretary of State shall make regulations amending the Welfare Food Regulations 1996 so as to give effect to the requirement set out in subsection (1).'.


Operation of centres
   

Simon Hughes
Mr Richard Allan

NC7

To move the following Clause:—

    '(1)   The Secretary of State must appoint a committee (to be known as the Visiting Committee) for each accommodation centre.

    (2)   The Secretary of State shall prescribe the functions of the Visiting Committee by making regulations under this Part.

    (3)   Those regulations must include provision—

      (a) as to the making of visits to the centre by members of the Visiting Committee;

      (b) for the hearing of complaints made by persons detained by the Visiting Committee to the Secretary of State;

      (c) requiring the making of reports by the Visiting Committee to the Secretary of State;

      (d) that every member of the Visiting Committee for an accommodation centre may at any time enter the centre and have free access to every part of it and to every person residing there.

    (4)   Accommodation centres created under this Part may also be inspected by HM Inspectorate of Prisons and the Social Services Inspectorate, whenever they think it appropriate.'.


Accommodation centres: Northern Ireland (No. 2)
   

Simon Hughes
Mr Richard Allan

NC9

To move the following Clause:—

       'The Secretary of State may not make arrangements under section 14 for the provision of premises in Northern Ireland unless he has consulted the Northern Ireland Ministers.'.


Accommodation provided under sections 95 and 98 of the Immigration and Asylum Act 1999
   

Simon Hughes
Mr Richard Allan

NC12

To move the following Clause:—

    '(1)   After section 97(1) of the Immigration and Asylum Act 1999 (c. 33) (Supplemental) there is added:

          "(1A)   Accommodation provided under section 95 will only be regarded as adequate provided:

          (a) it is fit for human habitation as defined by section 604 of the Housing Act 1985 (as amended);

          (b) occupation of the accommodation by the asylum seekers and their dependants (if any) will not constitute overcrowding as defined by sections 324, 325 and 326 of the Housing Act 1985;

          (c) it does not constitute a statutory nuisance as defined by section 79 of the Environmental Protection Act 1990;

          (d) the Secretary of State is satisfied that, if occupied by them, the asylum seekers and their dependants (if any) would be reasonably safe from personal injury or from damage to their property caused by a relevant defect, as defined by section 4 of the Defective Premises Act 1972.".

    (2)   After section 100(1) of the Immigration and Asylum Act 1999 (c. 33) (local authority and other assistance for Secretary of State) there is added—

          "(1A)   The Secretary of State may ask a local housing authority to take such steps as they are allowed by law to ensure accommodation provided under section 95 is adequate as defined by section 97(1A).".'.


Support for council tax
   

Simon Hughes
Mr Richard Allan

NC13

To move the following Clause:—

    '(1)   Schedule 8 of the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 3 of the following—

          "(3A)   The regulations shall make provision that the needs of a person to be taken into account by the Secretary of State when deciding—

          (a) if a person is destitute, and

          (b) if support is required to be provided,

          (c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.".

    (2)   Schedule 9 to the Immigration and Asylum Act 1999 shall be amended by the insertion after paragraph 7 of the following—

          "(7A)   The regulations shall make provision that the needs of a person to be taken into account by the local authority when deciding

          (a) if a person is destitute, and

          (b) if support is required to be provided,

          (c) the amount of support to be provided shall include the rent and similar charges and the Council Tax if any payable by the person or his dependant.".

    (3)   The Secretary of State shall make provision by regulations made under Schedules 8 and 9 to the Immigration and Asylum Act 1999 in respect of a qualifying person to be paid whether directly or indirectly for the Council Tax and any court or bailiff's costs in respect of the qualifying period.

    (4)   In this section—

      (a) "A qualifying person" is a person

      (i) who or whose dependant was liable to pay Council Tax in respect of a time when he was or ought to have been in receipt of support under section 95 of the Immigration and Asylum Act 1999,

      (ii) whose needs to be met by the funder (subject to the resources of the person), as calculated by the funder did not include Council Tax, and

      (iii) where that person has not subsequently received Council Tax benefit in respect of that period.

      (b) "The qualifying period" is the period or periods in relation to which the person was a qualifying person,

      (c) "funder" is the Secretary of State in cases where the Secretary of State was the person supplying the support under section 95(1) and the relevant local authority when the support was supplied under section 95(13), and

      (d) "section 95" means section 95 of the Immigration and Asylum Act 1999.

    (5)   This section shall come into force 7 days after the passing of this Act.'.

 
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