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

back to previous amendments
 
  
Clause 144
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD DHOLAKIA
 
201     Page 96, line 6, at end insert ("which shall include training appropriate to ensure the proper care of detained children,") 
  
Schedule 10
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
202     Page 128, line 35, leave out ("or otherwise") 
  
Schedule 11
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
203     Page 129, line 18, at end insert--
 
    ("(3)  The rules shall make separate provision for the application in respect of detained children of all matters prescribed.")
 
  
Clause 146
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
203A     Page 97, line 1, leave out from ("the") to end of line 2 and insert ("Commission") 
  
Clause 154
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
203B     Page 102, line 18, at end insert--
 
    ("(  )  But subsection (1) does not apply in relation to rules made under paragraph 1 of Schedule 5 or immigration rules.")
 
203C     Page 102, line 19, leave out ("such statutory instrument") and insert ("statutory instrument made as a result of subsection (1)") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
204     Page 102, line 28, at end insert--
    ("(  )  Part VI,
    (  )  paragraph 1 of Schedule 8,")
 
205     Page 102, leave out lines 29 and 30 
206     Page 102, line 30, at end insert--
    ("(  )  section 95,")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
206A     Page 102, line 31, leave out paragraph (f) 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
207     Page 102, line 31, after ("135,") insert--
    ("(  )  section 143,")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
207A     Page 102, line 36, after ("7,") insert--
    ("(  )  section (General right to be released on bail)(6),")
 
207B     Page 102, line 37, leave out paragraph (b) 
207C     Page 102, line 37, at end insert--
    ("(  )  section 135,")
 
207D     Page 102, line 42, leave out (" 158(4)") and insert (" 158(2), (4) or (7)") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
208     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.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD DHOLAKIA
THE LORD GOODHART
 
209     Page 102, line 43, at end insert--
 
    ("(  )  Any statutory instrument or draft statutory instrument subject to the affirmative procedure must be accompanied by a certificate by the relevant Minister to the effect that it is fully compatible with the European Convention of Human Rights.")
 
  
After Clause 154
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
210     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 155
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
210ZA     Page 103, line 7, after ("VI") insert ("and section 132") 
210A     Page 103, line 10, at end insert--
    (""the Commission" means the Special Immigration Appeals Commission;")
 
210B     Page 103, line 35, at end insert--
    (""illegal entrant";")
 
  
Clause 156
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
210C     Page 104, line 2, after ("39(3)") insert ("or (Forfeiture of securities)(4)") 
  
Clause 158
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
211     Page 104, line 16, at end insert--
 
    ("(  )  A day for the entry into force of Part VI of this Act in Northern Ireland shall not be appointed until an assessment has been carried out in terms of section 75 of and Schedule 9 to the Northern Ireland Act 1998 and laid on the table of both Houses of Parliament.")
 
  
Schedule 13
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
211A*     Page 137, line 7, at end insert--
 
    ("  .--(1) Section 10 (entry otherwise than by sea or air) is amended as follows.
 
    (2)  In subsection (1), omit from "and any such Order" to the end.
 
    (3)  After subsection (1), insert--
        (1A)  Her Majesty may by Order in Council direct that paragraph 27B or 27C of Schedule 2 shall have effect in relation to trains or vehicles as it has effect in relation to ships or aircraft.
        (1B)  Any Order in Council under this section may make--
      (a)  such adaptations or modifications of the provisions concerned, and
      (b)  such supplementary provisions,
    as appear to Her Majesty to be necessary or expedient for the purposes of the Order."
    (4)  In subsection (2), for "this section" substitute "subsection (1)".")
 
212     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."  ")
 
213     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".")
 
214     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;".")
 
215     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."  ")
 
216     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".")
 
217     Page 140, line 27, leave out from beginning to end of line 28 and insert--
 
    ("  . Omit section 9 (charges).")
 
217A     Page 143, line 20, after ("under") insert ("any provision (other than section 49(2)) of") 
217B     Page 143, line 29, at end insert--
 
    ("  .  After section 2 insert--
 
 Jurisdiction: human rights.    2A.--(1)  A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision. 
 
        (2)  For the purposes of this section, an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
        (3)  Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant's human rights.
        (4)  The Commission has jurisdiction to consider the question.
        (5)  If the Commission decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
        (6)  Authority" means--
      (a)  the Secretary of State;
      (b)  an immigration officer;
      (c)  a person responsible for the grant or refusal of entry clearance.
        (7)  Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.
        (8)  The 1999 Act", "the 1994 Order" and "public interest provision" have the same meaning as in section 2."  ")
1998 c. 42.
  
Schedule 15
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
217C*     Page 147, line 22, column 3, at beginning insert-- 
      
 ("In section 10(1), from "and any such Order" to the end.")
 
218     Page 147, line 26, column 3, after ("2,") insert ("in paragraph 21(4)(a) "under paragraph 2 above",") 
219     Page 147, line 26, column 3, after ("2,") insert ("in paragraph 26(1) "and have not been given leave" and") 
220     Page 147, line 35, column 3, leave out from beginning to end of line 36 and insert ("Section 9.") 
  
BY THE LORD DHOLAKIA
 
221     Page 148, line 9, column 3, at end insert--
 
    ("Section 8.")
 
 
back to previous page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 27 July 1999