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

back to previous amendments
 
  
Clause 94
 
  
BY THE LORD ALTON OF LIVERPOOL
 
175     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 or for the needs of his dependants, if any, or for both, the applicant may appeal to an adjudicator.")
 
  
Clause 98
 
  
BY THE LORD ALTON OF LIVERPOOL
 
176     Page 62, line 42, at beginning insert ("knowingly") 
177     Page 62, line 42, leave out ("or neglects") 
178     Page 62, line 42, after ("a") insert ("material") 
179     Page 62, line 42, after ("any") insert ("material") 
180     Page 62, line 43, after ("a") insert ("material") 
  
BY THE EARL RUSSELL
 
180A     Page 62, line 45, leave out subsection (2) 
  
Clause 102
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
181     Page 64, line 12, at end insert--
 
    ("(  )  In the exercise of the power conferred under subsection (1) the Secretary of State shall ensure that as far as possible similar support is available in Northern Ireland as in Great Britain.")
 
  
Clause 106
 
  
BY THE LORD ALTON OF LIVERPOOL
THE LORD ASHLEY OF STOKE
THE LORD DHOLAKIA
 
182     Page 65, line 39, leave out paragraph (b) 
183     Page 65, line 41, leave out paragraph (d) 
184     Page 66, line 2, leave out paragraph (g) 
  
BY THE LORD ALTON OF LIVERPOOL
THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
185     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.")
 
  
BY THE LORD GRAHAM OF EDMONTON
THE LORD CLINTON-DAVIS
 
186     Page 66, line 15, at end insert--
 
    ("(  )  Subsections (1)(e), (j) and (k) of this section shall not apply to an asylum seeker where there is evidence of persecution or torture, or both, including rape or other sexual violence, who shall be paid income support at the urgent cases rate as prescribed.")
 
  
Clause 107
 
  
BY THE EARL RUSSELL
 
     The Earl Russell gives notice of his intention to oppose the Question that Clause 107 stand part of the Bill. 
  
Clause 108
 
  
BY THE EARL RUSSELL
 
186A     Page 67, line 1, leave out subsections (1) and (2) 
     The Earl Russell gives notice of his intention to oppose the Question that Clause 108 stand part of the Bill. 
  
Clause 111
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
187     Page 69, line 13, leave out subsections (4) and (5) 
  
Clause 113
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
187ZA*     Page 70, line 20, after ("families)") insert ("or section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland)") 
  
BY THE LORD DHOLAKIA
 
187A     Page 70, line 33, leave out ("accommodation") and insert ("assistance") 
187B     Page 70, line 34, leave out ("subsection (3)") and insert ("subsections (3) and (4)") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
187BA*     Page 70, line 36, after ("1989") insert ("or section 22 of the Act of 1995") 
  
BY THE LORD DHOLAKIA
 
187C     Page 70, line 36, at end insert ("as part of the eligible person's household") 
187D     Page 70, line 37, leave out from ("area") to end of line 38 and insert ("the accommodation--
    (a)  was provided and withdrawn; or
    (b)  was occupied by a child as part of an eligible person's household in respect of which provision under subsection (4) has been withdrawn")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
188     Page 70, line 39, leave out subsection (10) 
  
BY THE EARL OF SANDWICH
THE LORD NORTHBOURNE
 
188A     Page 70, line 40, at end insert--
 
    ("(11)  Nothing in this section shall prevent any local authority from inspecting and reporting upon the suitability of arrangements made by the Secretary of State under subsections (3) and (4) of this section in respect of a child resident in its area, and a copy of such report shall be delivered to the Secretary of State and made available on request for inspection by any member of the public.")
 
  
Before Clause 115
 
  
BY THE EARL RUSSELL
 
188B     Insert the following new Clause-- 
     ("  .  The Secretary of State shall prior to the commencement this Part of this Act consult persons appearing to him to represent best value authorities affected by that Part with regard to excluding functions under it pursuant to section 2(5) of the Local Government Act 1999.")Application of best value provisions to authorities affected by this Part.
  
Clause 115
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
189     Page 72, line 3, after ("State") insert ("while acting in England and Wales") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
189A*     Page 72, line 5, leave out ("real or personal property") and insert ("property, real or personal, heritable or moveable,") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
190     Page 72, line 5, after ("personal") insert ("or moveable") 
  
Clause 119
 
  
BY THE LORD DHOLAKIA
 
190A     Page 73, line 40, after ("25(2)") insert ("or 25(2B)") 
  
Clause 120
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
191     Page 75, line 1, leave out ("or a justice of the peace") 
192     Page 75, line 4, leave out ("or justice") 
  
BY THE LORD DHOLAKIA
 
192A     Page 75, line 10, at end insert ("or 25(2B)"") 
  
Clause 122
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
193     Page 76, line 34, leave out ("or a justice of the peace") 
  
Before Clause 131
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
193A     Insert the following new Clause-- 
     ("  .--(1)  This section applies if a person is liable to detention under the Immigration Acts.
 
    (2)  The Secretary of State must, by rules, provide criteria for the exercise of the power to detain a person under the Immigration Acts, and no person shall be detained except in accordance with these rules.
 
    (3)  Any rules made under subsection (2) must provide for the detention of asylum seekers only under exceptional circumstances and provide that a person should only be detained when other non-custodial measures have been considered inappropriate.
 
    (4)  When hearing any application for bail or reference under the Immigration Acts, a court or an adjudicator, shall--
    (a)  first consider whether, by reference to the rules made under section 30 of this Act, there is good cause for the detention of the detained person; and
    (b)  consider whether the detained person should be released on bail.
    (5)  If, under subsection (4)(a), the Secretary of State is unable to show good cause for the detention of the detained person, then the detained person shall be released, subject only to such restrictions as to residence and as to reporting to the police or to an immigration officer as may from time to time be notified to him in writing and in a language which he understands.
 
    (6)  It shall be for the Secretary of State to show that a detained person should not be granted bail.
 
    (7)  Unless released under subsection (5), the court or an adjudicator may release a detained person on bail only if he enters into a recognizance or, in Scotland, a bail bond.")
Rules for detention.
  
Clause 131
 
  
BY THE LORD AVEBURY
 
193B     Page 88, line 18, at end insert--
 
    ("(  )  In paragraph 16(1) of Schedule 2 to the 1971 Act, after the word "detained" there is inserted "in a detention centre".")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
194     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 132
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
195     Page 90, line 3, after ("B") insert ("or any child") 
  
Before Clause 137
 
  
BY THE LORD GRAHAM OF EDMONTON
 
196     Insert the following new Clause-- 
     ("  .  Where a person is liable to detention, he or she shall not be detained where there is evidence of a history of persecution or torture, or both.")No detention where history of persecution or torture.
  
BY THE LORD CLINTON-DAVIS
 
197     Insert the following new Clause-- 
     ("  .  Where an asylum seeker is liable to detention, he or she shall not be detained where there is evidence of a history of persecution or torture, or both, including rape or other sexual violence.")No detention in certain cases.
 
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Prepared 20 July 1999