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Amendment Paper as at
Wednesday 12th June 2002

CONSIDERATION OF BILL


NATIONALITY, IMMIGRATION AND ASYLUM BILL, AS AMENDED

NOTE

The amendments have been arranged in accordance with the Programme Motion to be proposed by Mr Robin Cook.

REMAINING NEW CLAUSES

Control of entry to United Kingdom, &c.: use of force

   

Mr Secretary Blunkett

NC9

To move the following Clause:—

    In paragraph 17(2) of Schedule 2 to the Immigration Act 1971 (c.77) (control of entry, &c.: person liable to detention: use of force) for "if need be by force" there shall be substituted "if need be by reasonable force".'.


Withholding and withdrawal of support
   

Mr Secretary Blunkett

NC10

To move the following Clause:—

    'Schedule (Withholding and withdrawal of support) (which makes provision for support to be withheld or withdrawn in certain circumstances) shall have effect.'.


Section 117: consequential amendments
   

Mr Secretary Blunkett

NC12

To move the following Clause:—

    '(1)   The Immigration Act 1971 (c.77) shall be amended as follows.

    (2)   Section 25A (detention of ship, aircraft or vehicle) shall be renumbered as section 25D (and its title becomes "Detention of ship, aircraft or vehicle") and—

      (a) in subsection (1) for "section 25(1)(a) or (b)" substitute "section 25, 25A or 25B",

      (b) in subsections (2) and (4) for "section 25(6)" substitute "section 25C",

      (c) for subsection (3) substitute—

          "(3)   A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—

          (a) he owns the ship, aircraft or vehicle,

          (b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or

          (c) he is a charterer of the ship or aircraft.", and

      (d) omit subsection (7).

    (3)   In section 28A (arrest without warrant)—

      (a) in subsection (3)(a) for "section 25(1)" substitute "section 25, 25A or 25B",

      (b) omit subsection (4),

      (c) in subsection (10) omit ", (4)(b)", and

      (d) in subsection (11) omit ", (4)".

    (4)   In section 28B(5) (search and arrest by warrant) for ", section 24A or section 25(2)" substitute "or section 24A".

    (5)   In section 28C(1) (search and arrest without warrant) for "section 25(1)" substitute "section 25, 25A or 25B".

    (6)   In section 28D(4) (entry and search of premises) for "section 24A or section 25" substitute "24A, 25, 25A or 25B".

    (7)   In section 28F (the title to which becomes "Entry and seach of premises following arrest under section 25, 25A or 25B") in subsection (1) for "section 25(1)" substitute "section 25, 25A or 25B".'.

    (8)   After section 33(1) (interpretation) insert—

          "(1A)   A reference to being an owner of a vehicle, ship or aircraft includes a reference to being any of a number of persons who jointly own it.".'.


Carriers' liability
   

Mr Secretary Blunkett

NC13

To move the following Clause:—

    'Schedule [Carriers' Liability] (which amends Part II of the Immigration and Asylum Act 1999 (c.33) (carriers' liability)) shall have effect.'.


Compliance with procedure
   

Mr Secretary Blunkett

NC16

To move the following Clause:—

    'The following shall be inserted after section 31A(3) of the Immigration Act 1971 (c.77) (procedural requirements for application)—

          "(3A)   Regulations under this section may provide that a failure to comply with a specified requirement of the regulations—

          (a) invalidates an application,

          (b) does not invalidate an application, or

          (c) invalidates an application in specified circumstances (which may be described wholly or partly by reference to action by the applicant, the Secretary of State, an immigration officer or another person).".'.


Independent documentation centre
   

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

Mr Richard AllanNicholas BakerJohn Barrett
Annette Brooke

NC2

To move the following Clause:—

    '(1)   The Secretary of State shall establish by order a documentation centre to provide country of origin information for use in the determination of asylum applications.

    (2)   The order providing for the establishment of the documentation centre must also make provision which is calculated to ensure that responsibility for the functioning of the documentation centre will rest with a person or persons who is or are independent of the Secretary of State.

    (3)   The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

    (4)   In particular, the Secretary of State may provide financial support to an organisation in the United Kingdom to enable that organisation to assume the function of a documentation centre.'.


Accommodation: adequacy
   

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

NC4

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).".'.


Issuing of code: consultation
   

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

Mr Richard AllanNicholas BakerJohn Barrett
Annette Brooke

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

Mr Richard AllanNicholas BakerJohn Barrett
Annette Brooke

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.'.

 
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©Parliamentary copyright 2002
Prepared 12 Jun 2002