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

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Clause 45
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 32, line 21, at end insert--
 
    ("(3)  In the exercise of the power granted under subsection (1), the Secretary of State shall ensure that such advice and assistance for detained persons is available in Northern Ireland.")
 
  
Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 106, line 5, at end insert ("after consultation with the Advocate General for Scotland") 
     Page 106, line 16, at end insert--
 
    ("(  )  Either the President of the Tribunal or the Deputy President must be an advocate or solicitor in Scotland.")
 
  
Clause 47
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 32, line 28, after ("may") insert (", after consultation with the Advocate General for Scotland,") 
  
Schedule 4
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 109, line 3, at end insert--
 
    ("(3)  The power to make regulations is exercisable by statutory instrument.
 
    (4)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
     Page 110, line 33, at end insert-- 
 ("Miscellaneous 
     8A.--(1)  In this Schedule "rules" means rules made under paragraph 3.
 
    (2)  The power to make rules is exercisable by statutory instrument.
 
    (3)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
  
Clause 55
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 37, line 28, at end insert--
 
    ("(7)  Section 8 of this Act shall not come into force until the day on which this section comes into force.")
 
  
After Clause 61
 
  
BY THE COUNTESS OF MAR
THE LORD ALTON OF LIVERPOOL
 
     Insert the following new Clause-- 
 ("Additional provisions for asylum determination 
     .  The Secretary of State shall adopt the Refugee Women's Legal Group's "Gender Guidelines for the Determination of Asylum Claims in the UK".")Provisions for asylum determination.
  
Clause 64
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 42, line 3, leave out subsection (3) 
     Page 42, line 8, at end insert--
 
    ("(4A) A notice under subsection (4) shall state that the applicant is advised to seek legal advice immediately after receipt of the notice.")
 
     Page 42, line 26, leave out subsection (10) 
  
Clause 71
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 46, line 2, at end insert--
 
    ("(3)  In the exercise of the power granted under subsection (1) the Secretary of State shall ensure that such advice and assistance is available in Northern Ireland.")
 
  
Clause 72
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 46, line 6, at end insert--
    (""business" excludes any registered or exempt charity;")
 
  
Clause 73
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 47, line 24, leave out ("the Secretary of State after consulting") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 47, line 25, at end insert ("and the Advocate General for Scotland") 
  
Schedule 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 114, leave out sub-paragraph (2) and insert--
 
    ("(2) Before making or altering any rules the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 115, line 20, leave out paragraph 3 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 115, line 23, leave out from first ("to") to the end of line 24 and insert ("be taken into account by the designated professional body specified in the order in exercising its functions in relation to the regulation of--
    (a)  its members in their provision of")
 
     Page 115, line 26, leave out ("persons") and insert ("members") 
     Page 115, line 35, at end insert--
 
    ("(1A)  Before establishing the scheme or altering it, the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
     Page 115, line 42, at end insert ("by a person to whom the code applies") 
     Page 115, line 45, leave out ("(c),") 
     Page 116, line 6, at the end insert--
 
    ("(5)  The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph 2(a) or (b) where it relates to a person who falls within paragraph (c) of section 74(2) and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 74(2), of one or more of the rules of that body.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 118, line 18, leave out sub-paragraph (2) and insert--
 
    ("(2)  The Commissioner may, upon receipt by him of a written complaint by or on behalf of any person which relates to the time taken for a designated professional body to process or determine a complaint made under paragraph 4(2), require the designated professional body to provide an explanation for the perceived delay in processing the complaint and further, to give a timetable within which the complaint under paragraph 4(2) will be dealt with.
 
    (2A)  If the designated professional body fails, without reasonable excuse, to adhere to the timetable referred to in subparagraph (2) above, then the Commissioner may give a direction setting a timetable to be followed by the designated professional body in considering and if appropriate, in reaching a determination of the complaint.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 118, line 18, leave out from ("may") to the end of line 22 and insert (", after the making of a direction by the Lord Chancellor under section 74(1A), give directions setting reasonable targets in relation to the handling of complaints about the members of a designated professional body.
 
    (2A)  Before setting targets under sub-paragraph (3), the Commissioner should afford a designated professional body a reasonable opportunity of appearing before him to make representations.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 119, line 15, leave out sub-paragraph (3) 
     Page 119, line 21, leave out (", with the approval of the Treasury,") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 121, line 10, at end insert--
 
    ("23A.  In section 15(1)(d) of the Scotland Act 1998 insert "(e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."
 
    23B.  In section 123(1)(e) of the Government of Wales Act 1998 insert "(e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."")
 
  
Clause 74
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 48, line 40, at end insert--
 
    ("(5A)  The Commissioner shall have regard to the views of the Secretary of State as to the classes of person who should be eligible for exemption under subsection (4)(a).
 
    (5B)  The Commissioner shall consult with such persons as appear to him to be appropriate (including representatives of voluntary organisations and of further and higher education) about the circumstances under which he shall exercise his power under subsection (4)(a) and shall publish a scheme describing eligibility for exemption and the conditions subject to which exemption shall be granted.
 
    (5C)  Such a scheme referred to in subsection (5B) shall provide for transitional periods of not less than three years before exempt persons shall be required to comply with such conditions as may be prescribed.")
 
  
Clause 76
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 49, line 17, at the end insert--
 
    ("(1A) If it appears to the Lord Chancellor that complaints about members of any designated professional body are not being handled effectively and efficiently, he may by direction require the Immigration Services Commissioner to consider exercising, in relation to the body, the power specified in paragraph 9 of Schedule 5.")
 
     Page 49, line 18, leave out ("Secretary of State") and insert ("Lord Chancellor") 
     Page 49, line 32, leave out ("the Lord Chancellor") and insert ("the Legal Services Consultative Panel, and the designated judges under the Courts and Legal Services Act 1990") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 50, line 8, leave out subsections (8) to (10) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 50, line 9, after ("Part") insert ("in relation to persons falling within paragraph (c) of section 74(2)") 
     Page 50, line 11, at end insert ("save that no fee shall be payable by each designated professional body for the first year after appointment of the Commissioner.") 
  
Schedule 7
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 123, line 37, after ("Lord Chancellor") insert (", after consultation with the Lord President of the Court of Session,") 
     Page 124, line 5, after second ("party") insert ("having been given due notice of the hearing") 
  
Clause 80
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 52, line 5, after ("body") insert ("or under statute") 
  
Before Clause 84
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Insert the following new Clause-- 
     ("  .  It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that officials of his department and all other providers of assistance to asylum seekers and their dependants operate the provisions of this Part of this Act and exercise their functions in such a way as shall best promote the welfare of asylum seekers and their dependants, if any, who require assistance under this Part of this Act.")Secretary of State to ensure actions of officials promote asylum seekers.
     Insert the following new Clause-- 
     ("  .  When any question arises with respect to a child, or with respect to any household which includes a child, the child's welfare shall be the Secretary of State's paramount consideration in the exercise of his powers under this Part of the Act.")Secretary of State to ensure welfare of children.
  
Clause 84
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 55, line 3, at end insert ("and shall in any event be extended--
          (i) in the event that either party indicates an intention to apply for leave to appeal to the Court of Appeal or House of Sessions, or to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and
          (ii) for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and
          (iii) whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and
          (iv) whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and/or his dependants following rejection of an asylum claim.")
 
  
After Clause 84
 
  
BY THE LORD BISHOP OF RIPON
 
     Insert the following new Clause-- 
     ("  .  An asylum-seeker, and his dependants if any, shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act nor Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the library of the House of Commons giving details of the average process times in the determination of--
    (a)  initial asylum decisions; and
    (b)  appeals to adjudicators against initial asylum decisions,
and certifying that the average time from the lodging of an application for asylum to the determination of an adjudicator of the appeal against the initial asylum decision is less than six months.")
Eligibility for social security benefits whilst awaiting asylum decisions.
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Insert the following new Clause-- 
     ("  .  It shall be the duty of the Secretary of State to ensure that asylum seekers and dependants of asylum seekers will be eligible to receive support under Part VI until--
    (a)  any appeal against a refusal of their asylum claim is decided and the refusal upheld, and subsequent appeal to the Immigration Appeal Tribunal is decided and the refusal upheld and they do not make an application for leave to apply for judicial review; or
    (b)  any application for leave to apply for judicial review is decided and refused and a period of grace to be prescribed has expired; or
    (c)  any application for judicial review is decided and refused and a period of grace to be prescribed has expired; or
    (d)  any application for judicial review is decided in their favour and their asylum claim subsequently refused and a period of grace to be prescribed has expired.")
Support for duration of appeal.
 
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Prepared 8 July 1999