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

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Issuing of code: consultation
   

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes

NC5

To move the following Clause:—

    '(1)   Before issuing any code referred to in sections 102 and 103, the Secretary of State must—

      (a) consult such persons as he considers appropriate; and

      (b) lay a draft before both Houses of Parliament.

    (2)   After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order.

    (3)   The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised.

    (4)   Subsection (3) also applies to any revision, or proposed revision, of the code.'.


Provision of information
   

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker
Simon Hughes

NC6

To move the following Clause:—

    '(1)   Where information is provided pursuant to sections 105, 106, 109, 110 and 111 the person (or employee) concerned must be informed at the same time by the provider of the information that information has been disclosed.

    (2)   The person must be given the opportunity to challenge the accuracy of any information provided.'.


Bail sureties
   

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

NC11

To move the following Clause—

    '(1)   This section applies in a case where the Secretary of State, an immigration officer, an adjudicator or the Tribunal has power to release a person on bail.

    (2)   Sureties may only be imposed where absolutely necessary to secure compliance with any conditions of bail, taking into account the personal circumstances of the detainee.

    (3)   If sureties are imposed the amount, if any, in which such surety will be bound shall be reasonable.'.


Accommodation of unaccompanied asylum-seeking children

   

Mr Hilton Dawson

NC17

*To move the following Clause:—

    '(1)   All unaccompanied asylum-seeking children shall be offered the opportunity to be accommodated under section 20 of the Children Act 1989.

    (2)   Such children may be accommodated by any local authority.'.


Settlement under British Nationality Act 1981

   

Mr Roger Casale

NC18

*To move the following Clause:—

    '(1)   A relevant person shall continue to be treated as settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981 for as long as they would be a relevant person according to the 1981 law.

    (2)   For the purposes of this section a person is a relevant person if they were on 1st October 2000 settled in the United Kingdom for the purposes of section 1(1) of the British Nationality Act 1981 according to the 1981 law.

    (3)   In this section "the 1981 law" is the British Nationality Act 1981, as amended, in force on 1st October 2000.'.


REMAINING NEW SCHEDULES

   

Mr Secretary Blunkett

NS1

To move the following Schedule:—

'Withholding and Withdrawal of Support

      Ineligibility for support

(1) A person to whom this paragraph applies shall not be eligible for support or assistance under—

            (a)   section 21 or 29 of the National Assistance Act 1948 (c.29) (local authority: accommodation and welfare),

            (b)   section 45 of the Health Services and Public Health Act 1968 (c.46) (local authority: welfare of elderly),

            (c)   section 12 or 13A of the Social Work (Scotland) Act 1968 (c.49) (social welfare services),

            (d)   Article 15 of the Health and Personal Social Services (Northern Ireland) Order (S.I. 1972/1265 (N.I. 14)) (general social welfare),

            (e)   section 21 of and Schedule 8 to the National Health Service Act 1977 (c.49) (social services),

            (f)   section 17, 23C, 24A or 24B of the Children Act 1989 (c.41) (welfare and other powers which can be exercised in relation to adults),

            (g)   section 29 of the Children (Scotland) Act 1995 (c.36) (after-care),

            (h)   section 2 of the Local Government Act 2000 (c.22) (promotion of well-being),

            (i)   a provision of the Immigration and Asylum Act 1999 (c.33), or

            (j)   a provision of this Act.

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

      Exceptions

(1) Paragraph 1 does not prevent the provision of support or assistance—

            (a)   to a child, or

            (b)   under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

            (c)   in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(c) may confer a discretion on the Secretary of State.

(3) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(c), except in a case for which the regulations provide otherwise.

 Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

            (a)   a person's Convention rights, or

            (b)   a person's rights under the Community Treaties.

      First class of ineligible person: refugee status abroad

(1) Paragraph 1 applies to a person if he—

            (a)   has refugee status abroad, or

            (b)   is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if—

            (a)   he does not have the nationality of an EEA State, and

            (b)   the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.

      Second class of ineligible person: citizen of other EEA State

 Paragraph 1 applies to a person who has the nationality of an EEA State other than the United Kingdom if—

            (a)   his presence in the United Kingdom is not in reliance on a right under or by virtue of the Community Treaties, or

            (b)   his presence in the United Kingdom is in reliance on a right under or by virtue of the Community Treaties which permits residence in a member State subject to conditions designed to avoid burdens on social assistance systems or social security systems.

      Third class of ineligible person: failed asylum-seeker

 Paragraph 1 applies to a person if—

            (a)   he was (but is no longer) an asylum-seeker, and

            (b)   he fails to cooperate with removal directions issued in respect of him.

      Fourth class of ineligible person: person unlawfully in United Kingdom

 Paragraph 1 applies to a person if—

            (a)   he is in the United Kingdom in breach of the immigration laws within the meaning of section 11, and

            (b)   he is not an asylum-seeker.

      Travel assistance

 The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 or 5 to leave the United Kingdom.

      Temporary accommodation

(1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.

(2) Arrangements for a person by virtue of this paragraph—

            (a)   may be made only if the person has with him a dependent child, and

            (b)   may include arrangements for a dependent child.

10 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—

            (a)   paragraph 1 applies to him by virtue of paragraph 7, and

            (b)   he has not failed to cooperate with removal directions issued in respect of him.

(2) Arrangements for a person by virtue of this paragraph—

            (a)   may be made only if the person has with him a dependent child, and

            (b)   may include arrangements for a dependent child.

      Assistance and accommodation: general

11  Regulations under paragraph 8, 9 or 10 may—

            (a)   provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

            (b)   confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

            (c)   provide that arrangements must be made in a specified manner or in accordance with specified principles;

            (d)   provide that arrangements may not be made in a specified manner;

            (e)   require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;

            (f)   require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—

            (a)   new arrangements may be made for him under paragraph 8, but

            (b)   new arrangements may not be made for him under paragraph 9.

(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who—

            (a)   has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and

            (b)   satisfies any requirements of the regulations for proof of the excuse.

      Offences

13 (1) A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—

            (a)   returns to the United Kingdom, and

            (b)   requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.

(2) A person commits an offence if he—

            (a)   requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and

            (b)   fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

      Information

14  If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority's area by virtue of paragraph 6 or 7, the authority must inform the Secretary of State.

      Power to amend Schedule

    15  The Secretary of State may by order amend this Schedule so as—

            (a)   to provide for paragraph 1 to apply or not to apply to a class of person;

            (b)   to add or remove a provision to or from the list in paragraph 1(1);

            (c)   to add, amend or remove a limitation of or exception to paragraph 1.

      Orders and regulations

16 (1) An order or regulations under this Schedule must be made by statutory instrument.

(2) An order or regulations under this Schedule may—

            (a)   make provision which applies generally or only in specified cases or circumstances;

            (b)   make different provision for different cases or circumstances;

            (c)   make transitional provision;

            (d)   make consequential provision (which may include provision amending a provision made by or under this or another Act).

(3) An order under this Schedule, or regulations which include consequential provision amending an enactment, shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Regulations under this Schedule to which sub-paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

      Interpretation

17  In this Schedule—

                                    "asylum-seeker" means a person—

(a) who is at least 18 years old,

(b) who has made a claim for asylum (within the meaning of section 16(3)), and

      (c) 
whose claim has been recorded, but not determined, by the Secretary of State,
  "Convention rights" has the same meaning as in the Human Rights Act 1998 (c.42),
"child" means a person under the age of eighteen,
"dependant" and "dependent" shall have such meanings as may be prescribed by regulations made by the Secretary of State,
"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
"local authority"—

(a) in relation to England and Wales, has the same meaning as in section 105(3),

(b) in relation to Scotland, has the same meaning as in section 105(4), and

(c) in relation to Northern Ireland, means a health service body within the meaning of section 109(4)(c),

"the Refugee Convention" means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and"removal directions" means directions under Schedule 2 to the Immigration Act 1971 (c.77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c.33) (removal of person unlawfully in United Kingdom).'.

 
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Prepared 11 Jun 2002