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Amendments to the Immigration and Asylum Bill

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

Here you can browse the Revised Marshalled List of Amendments to the Immigration and Asylum Bill to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 8th July 1999, as follows-- 
 Clauses 1 to 34
Schedule 1
Clauses 35 to 46
Schedule 2
Clause 47
Schedule 3
Clause 48
Schedule 4
Clauses 49 to 73
Schedule 5
Clauses 74 and 75
Schedule 6
Clauses 76 and 77
Schedule 7
Clauses 78 to 85
Schedule 8
Clauses 86 to 93
Schedule 9
Clauses 94 to 144
Schedule 10
Clause 145
Schedule 11
Clause 146
Schedule 12
Clauses 147 to 158
Schedules 13 to 15.
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD DHOLAKIA
THE LORD BISHOP OF RIPON
 
1     Insert the following new Clause-- 
     ("  .  Amendments to Immigration Rules under the 1971 Act shall be subject to an affirmative resolution of each House of Parliament.")Amendments to Immigration Rules.
  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
2     Page 1, line 11, leave out ("leave") and insert ("permission") 
3     Page 1, line 14, leave out ("leave") and insert ("permission") 
4     Page 1, line 16, leave out ("leave") and insert ("permission") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
5     Page 1, line 20, at end insert--
 
("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
 
  
Clause 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
6     Page 2, line 44, after ("the") insert ("method of") 
7     Page 3, line 5, at end insert ("of a kind that could be imposed on leave to remain given under section 3") 
8     Page 3, line 7, at end insert--
 
("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
 
  
Clause 3
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
9     Page 3, leave out lines 32 to 37 
  
Clause 4
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
10     Page 4, line 4, at beginning insert ("If a fee is prescribed in connection with an application of a particular kind,") 
11     Page 4, line 5, leave out ("prescribed") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
12     Page 4, line 7, at end insert ("where, without prejudice to the foregoing generality, the applicant has--
    (a)  insufficient means to pay any prescribed charges; or
    (b)  the applicant is below the age of 16 years; or
    (c)  the applicant is in receipt of any benefit")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD BISHOP OF RIPON
 
13     Page 4, line 7, at end insert ("and these circumstances must include applications for asylum, applications made under any international instrument the United Kingdom has signed, applications to remain with family members for settlement and applications for further leave to remain to continue studies") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
14     Page 4, line 7, at end insert--
 
    ("(  )  Any regulations made under this section shall provide that no fee shall be payable by those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended.")
 
15     Page 4, line 7, at end insert--
 
    ("(  )  No fee shall be payable by those seeking asylum or claiming protection under Article 3 of the European Convention on Human Rights.")
 
16     Page 4, line 7, at end insert--
 
    ("(  )  No fee shall be payable when the appeal has been occasioned by a mistake of the Secretary of State.")
 
17     Page 4, line 9, at end insert--
 
    ("(  )  Any regulations made under this section shall prescribe the time within which any application is to be processed and prescribe that any fee paid is to be refunded if the application to which it relates is not dealt with in the prescribed time.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
18     Page 4, line 13, leave out subsection (6) 
  
Clause 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
19     Page 4, line 23, leave out from ("member") to end of line 24 
  
Clause 6
 
  
BY THE LORD CLINTON-DAVIS
 
20     Page 4, line 28, at end insert--
 
    (" (  )  The exemption granted by subsection (1) above shall not apply to a member of the crew of an aircraft which is operated from a base in the United Kingdom, notwithstanding the fact that such a person might otherwise be entitled to the exemption contained in that subsection.")
 
  
Clause 8
 
  
BY THE LORD DHOLAKIA
 
20A*     Page 5, line 25, at end insert--
 
    ("(  )  Directions may not be given under subsection (1) unless the Secretary of State is satisfied that all relevant factors listed in the immigration rules have been considered.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
21     Page 5, line 28, leave out ("which has not been determined") 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD BISHOP OF RIPON
 
22     Page 5, line 28, at end insert (", or if the person entered the United Kingdom with leave more than seven years before the commencement of this Act") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
23     Page 5, line 40, leave out ("given") 
24     Page 5, line 40, after ("section") insert ("--
    (  )  may be given only to persons falling within a prescribed class;")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
25     Page 6, line 2, after ("any") insert ("extant") 
  
BY THE LORD WILLIAMS OF MOSTYN
 
26     Page 6, line 3, at end insert--
 
    ("(  )  The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.")
 
  
BY THE LORD PHILLIPS OF SUDBURY
 
     The Lord Phillips of Sudbury gives notice of his intention to oppose the question that Clause 8 stand part of the Bill. 
  
After Clause 8
 
  
BY THE LORD DHOLAKIA
 
26A*     Insert the following new Clause-- 
     ("  .  The Secretary of State shall, in any statement of the rules provided for under section 3(2) of the 1971 Act, include rules setting out the relevant factors which he must take into account before deciding to exercise his discretion to remove a person and any family member of that person under section 8.")Section 8: Supplementary.
  
Clause 9
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
27     Page 6, line 22, leave out from beginning to end of line 27 and insert--
 
    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
    (a)  if he has an appeal under section 55 against the decision to remove him in accordance with this section pending; or
    (b)  before the time for giving notice of such an appeal has expired.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
28     Page 6, line 30, at end insert--
 
    ("(  )  Special arrangements shall be made to facilitate and expedite the removal of any person from Northern Ireland who, after taking independent legal advice, requests his removal to a member state within the Common Travel Area as defined by section 1(3) of the 1971 Act.")
 
  
BY THE LORD DHOLAKIA
THE LORD BISHOP OF RIPON
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 9 stand part of the Bill. 
  
Clause 10
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
29     Page 6, line 44, leave out from beginning to end of line 2 on page 7 and insert--
 
    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
    (a)  if he has an appeal under section 55 against the decision to remove him in accordance with subsection (2) pending; or
    (b)  before the time for giving notice of such an appeal has expired.")
 
30     Page 7, line 17, leave out ("subsections (2)(c) and") and insert ("subsection") 
  
BY THE LORD DHOLAKIA
 
     The Lord Dholakia gives notice of his intention to oppose the Question that Clause 10 stand part of the Bill. 
  
Clause 12
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
31     Page 8, line 6, leave out ("In such circumstances as may be specified,") 
32     Page 8, line 8, at end insert ("in the following circumstances--
    (a)  where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period would not leave the United Kingdom at the end of that period; or
    (b)  where the applicant has been convicted by a court of any offence involving dishonesty.")
 
  
Clause 16
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
33     Page 11, line 34, leave out paragraph (e) 
  
Before Clause 18
 
  
BY THE LORD DHOLAKIA
 
33A*     Insert the following new Clause-- 
     ("In the 1971 Act, after section 25(2), insert--
        (2A)  If any person ("the employer") is employing or has within the preceding 3 months employed any person who is an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c), an immigration officer may serve a notice on the employer, in accordance with regulations made by the Secretary of State.
        (2B)  Any employer who, within 12 months of being served with a notice under subsection (2A), employs any person who is an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c), shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months or with both.
        (2C)  It shall be a defence to proceedings under subsection (2B) above to prove that in respect of any person employed after service of the notice under subsection (2A), before the employment began the employer made such enquiries or inspected such documents as were reasonable in the circumstances to satisfy himself that to employ the person would not contravene subsection (2B).
        (2D)  Where an offence under subsection (2B) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of--
      (a)  any director, manager, secretary or other similar officer of the body corporate; or
      (b)  any person who was purporting to act in any such capacity,
    he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
        (2E)  Where the affairs of a body corporate are managed by its members, subsection (2D) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
        (2F)  In this section, "employ" means employ under a contract of service or apprenticeship, whether express or implied and (if it is express) whether it is oral or written, and "employment" shall be construed accordingly."")
Employment of illegal immigrants: penalties.
  
Clause 18
 
  
BY THE LORD DHOLAKIA
 
     The Lord Dholakia gives notice of his intention to oppose the question that Clause 18 stand part of the Bill. 
 
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Prepared 10 July 1999