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

back to previous amendments
 
  
Clause 39
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
86D*     Page 28, line 33, leave out from ("court") to ("it") in line 34 and insert ("that a mandatory bail condition has been broken,") 
86E*     Page 28, line 38, at end insert--
 
    ("(  )  Mandatory bail condition" means a condition--
    (a)  to which bail granted under section (General right to be released on bail) is subject as a result of section 38(3), (3A) or (3B), and
    (b)  in relation to which the court has taken a recognizance under section 38.")
 
  
After Clause 39
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
86F*     Insert the following new Clause-- 
     ("  .--(1)  If a court is satisfied that a person ("A") by whom, or on whose behalf, security has been given under section 38 has broken a mandatory bail condition, it may order the security to be forfeited unless it appears that A had reasonable cause for breaking the condition.
 
    (2)  The order may provide for the forfeiture to extend to a specified amount which is less than the value of the security.
 
    (3)  An order under subsection (1) takes effect, unless previously revoked, at the end of the period of 21 days beginning with the day on which it is made.
 
    (4)  Any sum forfeited as a result of this section must be paid to the Lord Chancellor.
 
    (5)  Subsection (6) applies if a court which has made an order under subsection (1) is satisfied, on an application made by or on behalf of the person who gave the security, that A did after all have reasonable cause for breaking the condition.
 
    (6)  The court may by order--
    (a)  remit the forfeiture; or
    (b)  provide for it to extend to a specified amount which is less than the value of the security.
    (7)  An application under subsection (5)--
    (a)  may be made before or after the order for forfeiture has taken effect; but
    (b)  may not be entertained unless the court is satisfied that the Secretary of State was given reasonable notice of the applicant's intention to make the application.
    (8)  The Lord Chancellor may, with the approval of the Treasury, make regulations as to the times at which and the manner in which accounts for, and payments of, sums forfeited as a result of this section must be made and for keeping and auditing of accounts in relation to such sums.
 
    (9)  Mandatory bail condition" means a condition--
    (a)  to which bail granted under section (General right to be released on bail) is subject as a result of section 38(3), (3A) or (3B), and
    (b)  in relation to which a person has given security under section 38.")
Forfeiture of securities.
  
Clause 40
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
87     Page 29, line 23, after ("broken,") insert ("or") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
87A*     Page 29, line 23, leave out (", is breaking") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
88     Page 29, line 23, leave out ("or is likely to break") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
88A*     Page 29, line 25, leave out from ("if") to end of line and insert ("a person other than the person bailed ("a third party")--
    (a)  has agreed to act as a surety in relation to a recognizance entered into under section 38; or
    (b)  has given security on behalf of the person bailed under that section.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
89     Page 29, line 26, leave out subsection (3) 
  
BY THE LORD WILLIAMS OF MOSTYN
 
89A*     Page 29, line 27, leave out ("surety") and insert ("third party") 
89B*     Page 29, line 31, leave out ("surety's") and ("third party's") 
89C*     Page 29, line 32, at end insert ("or to have the security given returned to him") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
90     Page 30, line 1, leave out subsection (6) 
  
BY THE LORD WILLIAMS OF MOSTYN
 
90A*     Page 30, line 8, leave out from beginning to ("be") in line 9 and insert--
 
    ("(8)  Subsection (8A) applies if a person has been arrested under this section and--
    (a)  neither subsection (6) nor subsection (7) applies to him; or
    (b)  he has been brought before an immigration officer under subsection (6) but has not been released.
    (8A)  The arrested person must")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
91     Page 30, line 8, leave out ("neither subsection (6) nor (7) applies,") and insert ("subsection (7) does not apply,") 
92     Page 30, line 9, leave out ("as soon as is practicable after") and insert ("within twenty-four hours of ") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
92A*     Page 30, line 15, at end insert--
 
    ("(  )  If subsection (8A) applies, the arrested person must be brought before the person or court concerned--
    (a)  as soon as is practicable after his arrest; and
    (b)  if subsection (8A)(a) or (c) applies, in any event within 24 hours after his arrest.")
 
92B*     Page 30, line 17, leave out ("(8)") and insert ("(8A)") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
93     Page 30, line 19, leave out ("is likely to") and insert ("there is reasonable suspicion that the arrested person will") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
93A*     Page 30, line 27, at end insert--
 
    ("(  )  In reckoning any period of 24 hours for the purposes of this section, no account is to be taken of Christmas Day, Good Friday or any Sunday.")
 
  
Clause 41
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE EARL OF SANDWICH
 
94     Page 30, line 31, at end insert ("in writing") 
95     Page 30, line 39, at end insert ("and at the same time of the reasons for detaining that person") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
96     Page 30, line 39, at end insert ("and also to notify those persons in writing, making specific reference to the person who is the subject of the hearing, of the reasons for detaining that person, with specific reference to--
          (i)  whether the person has given a history of torture;
          (ii)  any history of torture given;
          (iii)  an explanation, with express reference to any history of torture given, why detention is being maintained,
as soon as is reasonably practicable after the detention or after a history of torture has been given, whichever is the sooner")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
96A*     Page 30, line 40, leave out from beginning to end of line 41 and insert ("If a person has been refused bail--") 
96B*     Page 30, line 46, leave out ("whether to release him on bail,") and insert ("he may, on the first subsequent such reference or application,") 
96C*     Page 31, line 4, leave out from ("unless") to end of line 5 and insert ("--
    (a)  the detained person has made a claim for asylum and the court considers that there are compelling reasons why it should sit in private; or
    (b)  the court considers that the interests of the administration of justice require it to sit in private.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
97     Page 31, line 10, at beginning insert--
 
("who is a qualified person under section 74(2)")
 
  
Clause 42
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
98     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.") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
98A*     Page 31, line 23, at end insert--
 
    ("(  )  If the detained person wishes to make representations under subsection (1) he must do so by using the facilities that will be used if the court decides to give the proposed direction.")
 
  
Clause 45
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
99     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
 
100     Page 106, line 5, at end insert ("after consultation with the Advocate General for Scotland") 
101     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
 
102     Page 32, line 28, after ("may") insert (", after consultation with the Advocate General for Scotland,") 
  
Schedule 3
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
103     Page 108, line 15, at end insert ("which shall include ensuring that adjudicators receive training in methods of dealing appropriately with children") 
  
Schedule 4
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
104     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.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
105     Page 109, line 20, leave out sub-sub-paragraph (b) 
106     Page 109, line 25, leave out sub-sub-paragraph (c) 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
107     Page 109, line 37, at end insert--
    ("(h)  as to the appropriate procedure to be followed where the appellant is a child")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
108     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.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD CLINTON-DAVIS
 
109     Page 110, line 34, leave out paragraph 9 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
110     Page 110, line 44, leave out sub-paragraph (3) 
  
BY THE EARL OF SANDWICH
 
110A*     Page 113, line 21, at end insert--
 
    ("(4A)  Sub-paragraph (4) shall not apply in respect of any request to the Secretary of State by or on behalf of an appellant to depart, or to authorise an officer to depart, from the immigration rules which is contained in a statement made by an appellant under section 64(6) or to any request in respect of an appeal to which sections 64 to 67 applies.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
111     Page 113, line 26, at end insert--
 
    ("(  )  Where such directions are given as are mentioned in sub-paragraph (5)(a) above, it shall be the duty of the Secretary of State and of any officer to whom the directions are given to comply with them.")
 
  
Clause 50
 
  
BY THE LORD DHOLAKIA
THE LORD CLINTON-DAVIS
 
111A     Page 34, line 31, leave out subsection (6) 
111B     Page 35, line 11, leave out from ("visitor") to end of line and insert ("means a person who intends to visit another person who is related to him by blood or marriage or associated with him by a relationship akin to marriage and who is present or settled in the United Kingdom".) 
  
Clause 53
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
111C*     Page 36, line 5, after ("Act") insert ("as a result of his liability to deportation under section 3(5) of that Act") 
  
Clause 55
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
112     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.")
 
  
Clause 56
 
  
BY THE LORD DHOLAKIA
 
112A     Page 37, line 38, leave out subsection (2) and insert--
 
    ("(2)  A person may appeal to an adjudicator against the directions--
    (a)  if subsection (1)(a) or (1)(c) applies to him, on the ground that on the facts of his case there was in law no power to give them on the ground on which they were given; or
    (b)  if subsection (1)(b) applies to him, on any of the grounds put forward by him pursuant to section 66, provided that he has not already exercised any right of appeal which he may have had under this or any other section in Part IV.")
 
112B     Page 37, line 42, at end insert ("or subsection (2)") 
 
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Prepared 16 July 1999