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

back to previous amendments
 
  
Clause 85
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 55, line 23, leave out ("may") and insert ("shall") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 55, line 29, leave out subsection (2) 
  
Clause 86
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 56, line 25, after ("adequate") insert ("and suitable") 
  
Clause 87
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 57, line 11, after ("accommodation;") insert--
    ("(  )  the special needs of the person concerned and/or his dependants, if any;
    (  )  the safety and welfare of the person concerned and/or his dependants, if any;
    (  )  the protection of any children in the household of the person concerned;
    (  )  public health;
    (  )  the availability of competent specialised legal services for asylum seekers;
    (  )  the availability of specialised medical services for survivors of torture;
    (  )  the suitability of the location for the long term resettlement of the person concerned and his dependants, if any;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 57, line 13, leave out ("not") 
     Page 57, line 18, leave out subsection (3) 
  
BY THE LORD ALTON OF LIVERPOOL
THE LORD COPE OF BERKELEY
THE LORD CLINTON-DAVIS
THE LORD BISHOP OF SOUTHWARK
 
     Page 57, line 35, at end insert ("save that the provision of essential living needs to the supported person and his dependants (if any) under 86(1)(b) shall be of value not less than 80 per cent. of what would be the Income Support applicable amount or amounts provided under section 124 of the Social Security and Benefits Act 1992 for the supported person and his dependants (if any), and not less than 100 per cent. for any child dependants.") 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 57, line 36, leave out subsection (6) 
  
Clause 88
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 58, line 14, at end insert--
 
    ("(  )  For the purposes of subsection (3) above, the work of charities, churches, faith groups or religious organisations shall not be regarded as support and assets which are or might reasonably be expected to be available to the person concerned or his dependants.")
 
  
After Clause 88
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Insert the following new Clause-- 
     ("  .  In providing or arranging for the provision of support for persons under Part VI, it shall be the duty of the Secretary of State to make arrangements with a view to ensuring that those persons have access to legal advice from a representative chosen by the asylum seeker.")Legal advice for asylum seekers.
     Insert the following new Clause-- 
     ("  .  It should be the duty of the Secretary of State to ensure that a supported person is assisted to meet the reasonable expenses of travelling to appointments with their legal representative.")Travelling expenses.
  
Clause 92
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 60, line 30, after ("must") insert (", after consulting the local authorities concerned,") 
  
Schedule 9
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 126, line 40, leave out sub-paragraph (3) 
     Page 127, line 5, leave out (", with the approval of the Treasury,") 
  
Clause 94
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 61, line 10, at end insert--
    ("(  )  If the Secretary of State provides or offers to provide support which the applicant contends is not adequate or suitable for his needs and/or the needs of his dependants if any, the applicant may appeal to an adjudicator.")
 
  
Clause 98
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 62, line 42, at beginning insert ("knowingly") 
     Page 62, line 42, leave out ("or neglects") 
     Page 62, line 42, after ("a") insert ("material") 
     Page 62, line 42, after ("any") insert ("material") 
     Page 62, line 43, after ("a") insert ("material") 
  
Clause 106
 
  
BY THE LORD ALTON OF LIVERPOOL
 
     Page 65, line 39, leave out paragraph (b) 
     Page 65, line 41, leave out paragraph (d) 
     Page 66, line 2, leave out paragraph (g) 
     Page 66, line 15, at end insert--
 
    ("(  )  Subsections (1)(e), (1)(j) and (1)(k) of this section shall not apply to an asylum-seeker who has a dependant under the age of 18, but income support shall be paid at the urgent cases rate as prescribed.")
 
  
Clause 111
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 69, line 13, leave out subsections (4) and (5) 
  
Clause 115
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 72, line 3, after ("State") insert ("while acting in England and Wales") 
     Page 72, line 5, after ("personal") insert ("or moveable") 
  
Clause 120
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 75, line 1, leave out ("or a justice of the peace") 
     Page 75, line 4, leave out ("or justice") 
  
Clause 122
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
     Page 76, line 34, leave out ("or a justice of the peace") 
  
Clause 131
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 88, line 22, at end insert--
 
    (  )  In the 1971 Act after paragraph 18(1) of Schedule 2 insert--
        (1A)  A person detained in Northern Ireland under paragraph 16 shall not be held in prison."")
 
  
Clause 154
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 102, line 28, at end insert--
    ("(  )  Part VI,
    (  )  paragraph 1 of Schedule 8,"
 
     Page 102, leave out lines 29 and 30 
     Page 102, line 30, at end insert--
    ("(  )  section 95,")
 
    Page 102, line 31, after ("135,") insert--

("(  )  section 143,")
 
     Page 102, line 43, at end insert--
 
    ("(6)  Any Statutory Instrument or draft Statutory Instrument laid before either House of Parliament under this Act shall have attached a certificate by the Minister in charge of the instrument that he is satisfied that the instrument is compatible with the Convention Rights.")
 
  
After Clause 154
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Insert the following new Clause-- 
     ("  .  No amendment shall be made to the Immigration Rules under the 1971 Act except by a Statutory Instrument of which a draft has been laid before, and approved by a resolution of, each House of Parliament.")Amendment to Immigration Rules subject to Parliamentary approval.
  
Clause 158
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 104, line 11, leave out first ("Section") and insert ("Sections (Charges: travel documents) and") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
     Page 104, line 16, at end insert--
 
    ("(  )  A day for the entry into force of Part VI of the Act in Northern Ireland shall not be appointed until an assessment has been carried out in terms of section 75 and Schedule 9 of the Northern Ireland Act 1998 and laid on the table of both Houses of Parliament.")
 
  
Schedule 13
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 138, line 36, at end insert--
 
    (". In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert--
        (1A)  A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending--
      (a)  completion of his examination under that paragraph; and
      (b)  a decision on whether to cancel his leave to enter."  ")
 
     Page 138, line 40, at end insert--
 
    (". In Schedule 2, in paragraph 21 (temporary admission of persons liable to detention)--
    (a)  in sub-paragraph (3), after "2" insert "or 2A"; and
    (b)  in sub-paragraph (4)(a), omit "under paragraph 2 above".")
 
     Page 138, line 40, at end insert--
 
    (". In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after "examination;" insert--
      (aa)  a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;".")
 
     Page 138, line 40, at end insert--
 
    (".--(1) In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows.
 
    (2)  In sub-paragraph (1), omit "and have not been given leave".
 
    (3)  After sub-paragraph (1) insert--
        (1A)  Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe."
    (4)  After sub-paragraph (3) insert--
        (3A)  The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament."  ")
 
     Page 138, line 43, at end insert--
 
    (". In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after "examination" insert ", detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter".")
 
     Page 140, line 27, leave out from beginning to end of line 28 and insert--
 
    ("  . Omit section 9 (charges).")
 
     Page 147, line 26, column 3, after ("2,") insert ("in paragraph 21(4)(a) "under paragraph 2 above",") 
  
Schedule 15
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
     Page 147, line 26, column 3, after ("2,") insert ("in paragraph 26(1) "and have not been given leave" and") 
     Page 147, line 35, column 3, leave out from beginning to end of line 36 and insert ("Section 9.") 
 
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Prepared 8 July 1999