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Session 1998-99
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Amendments to the Immigration and Asylum Bill

Immigration and Asylum Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Immigration and Asylum Bill to be moved in Committee in the House of Lords.

  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 1, line 20, at end insert--
 
(", provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
 
  
Clause 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 2, line 44, after ("the") insert ("method of") 
     Page 3, line 5, at end insert ("of a kind that could be imposed on leave to remain given under section 3") 
     Page 3, line 7, at end insert--
 
(", provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
 
  
Clause 3
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 3, leave out lines 32 to 37 
  
Clause 4
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 4, line 4, at beginning insert ("If a fee is prescribed in connection with an application of a particular kind,") 
     Page 4, line 5, leave out ("prescribed") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 4, line 7, at end insert ("where, without prejudice to the foregoing generality, the applicant has--
    (a)  insufficient means to pay any prescribed charges; or
    (b)  the applicant is below the age of 16 years; or
    (c)  the applicant is in receipt of any benefit")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 4, line 7, at end insert--
 
    ("(  )  Any regulations made under this section shall provide that no fee shall be payable by those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended.")
 
     Page 4, line 7, at end insert--
 
    ("(  )  No fee shall be payable by those seeking asylum or claiming protection under Article 3 of the European Convention on Human Rights.")
 
     Page 4, line 7, at end insert--
 
    ("(  )  No fee shall be payable when the appeal has been occasioned by a mistake of the Secretary of State.")
 
     Page 4, line 9, at end insert--
 
    ("(  )  Any regulations made under this section shall prescribe the time within which any application is to be processed and prescribe that any fee paid is to be refunded if the application to which it relates is not dealt with in the prescribed time.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 4, line 13, leave out subsection (6) 
  
Clause 8
 
  
BY THE LORD CLINTON-DAVIS
 
     Page 5, line 25, at end insert--
 
    (" (  )  The exemption granted by subsection (1) above shall not apply to a member of the crew of an aircraft which is operated from a base in the United Kingdom, notwithstanding the fact that such a person might otherwise be entitled to the exemption contained in that subsection.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 5, line 28, leave out ("which has not been determined") 
     Page 5, line 40, leave out ("given") 
     Page 5, line 40, after ("section") insert ("--
    (  )  may be given only to persons falling within a prescribed class;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 6, line 2, after ("any") insert ("extant") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 6, line 3, at end insert--
 
    ("(  )  The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.")
 
  
Clause 9
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 6, line 22, leave out from beginning to end of line 27 and insert--
 
    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
    (a)  if he has an appeal under section 55 against the decision to remove him in accordance with this section pending; or
    (b)  before the time for giving notice of such an appeal has expired.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 6, line 30, at end insert--
 
    ("(  )  Special arrangements shall be made to facilitate and expedite the removal of any person from Northern Ireland who, after taking independent legal advice, requests his removal to a member state within the Common Travel Area as defined by section 1(3) of the 1971 Act.")
 
  
Clause 10
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 6, line 44, leave out from beginning to end of line 2 on page 7 and insert--
 
    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
    (a)  if he has an appeal under section 55 against the decision to remove him in accordance with subsection (2) pending; or
    (b)  before the time for giving notice of such an appeal has expired.")
 
     Page 7, line 17, leave out ("subsections (2)(c) and") and insert ("subsection") 
  
Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 8, line 6, leave out ("In such circumstances as may be specified,") 
     Page 8, line 8, at end insert ("in the following circumstances--
    (a)  where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period would not leave the United Kingdom at the end of that period; or
    (b)  where the applicant has been convicted by a court of any offence involving dishonesty.")
 
  
Clause 19
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 14, line 16, at end insert ("; and
    (b)  the imposition of penalties and the power of seizure in accordance with sections 25 and 29")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 14, line 24, leave out subsection (6) 
  
Clause 20
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 15, line 5, at end insert--
    ("(  )  within a reasonable time,")
 
  
Clause 21
 
  
BY THE LORD CADMAN
 
     Page 15, line 29, at end insert--
 
    ("(  )  In formulating such facilities the Secretary of State shall have due regard to their economic cost and practical relevance to the control of immigration.")
 
  
After Clause 21
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Insert the following new Clause-- 
     (".--(1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements--
    (a)  for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;
    (b)  for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
    (2)  Control port" has the same meaning as in section 21.
 
    (3)  Facilities" includes equipment.
 
    (4)  Basic service" has such meaning as may be prescribed.")
Charges: immigration control.
  
Clause 22
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 16, line 8, after ("include") insert ("material") 
  
Clause 23
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 16, line 42, at end insert ("or") 
  
Clause 25
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 18, line 6, at end insert ("provided always that any sum paid by way of penalty under this section shall be refunded to the person or persons responsible, in any case where the Secretary of State finds that the passenger is irremovable from the UK because his removal would be contrary to the Convention or the Human Rights Act 1998.") 
  
Clause 31
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 21, line 30, after ("acquitted") insert ("the charge against him is dismissed or the proceedings are discontinued") 
  
After Clause 31
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Insert the following new Clause-- 
     ("  .--(1) The Secretary of State may make regulations applying (with or without modification) any provision of this Part for the purpose of enabling penalties to be imposed in respect of a person ("a clandestine entrant") who--
    (a)  arrives in the United Kingdom concealed in a rail freight wagon; and
    (b)  claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.
    (2)  The regulations may, in particular, make provision--
    (a)  enabling additional penalties to be imposed in respect of persons concealed with the clandestine entrant;
    (b)  as to which person is (or which persons are together) liable to penalties in respect of the clandestine entrant;
    (c)  for conferring on a senior officer a power to detain any relevant rail freight wagon in prescribed circumstances;
    (d)  for conferring on the Secretary of State a power to sell in prescribed circumstances a rail freight wagon which has been detained.
    (3)  Before making any regulations under this section, the Secretary of State must consult, in the way he considers appropriate, persons appearing to him to be likely to be affected by the imposition of penalties under the regulations.")
Rail freight.
  
Clause 35
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 25, line 30, at end insert--
    (""rail freight wagon" has such meaning as may be prescribed;")
 
  
Clause 36
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 26, line 37, leave out ("no later than the eighth") and insert ("on the") 
     Page 27, line 10, leave out ("before the tenth") and insert ("on the") 
  
Clause 38
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 28, line 11, at end insert--
 
    ("(  )  In the exercise of its power to grant bail under this section, the court shall have regard to guidelines on the detention of asylum seekers issued by the United Nations High Commissioner for Refugees.")
 
  
Clause 40
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 29, line 23, after ("broken,") insert ("or") 
     Page 29, line 23, leave out ("or is likely to break") 
     Page 29, line 26, leave out subsection (3) 
     Page 30, line 19, leave out ("is likely to") and insert ("there is reasonable suspicion that the arrested person will") 
  
Clause 41
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 31, line 9, at the end insert--
 
(", who is a qualified person under section 74(2)")
 
  
Clause 42
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 31, line 23, at end insert ("and the court is able to make arrangements for the detained person to give instructions and receive advice from their legal representative on a confidential basis before and during the hearing.") 
 
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Prepared 8 July 1999