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

back to previous amendments
 
  
Clause 19
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
34     Page 14, line 16, at end insert ("; and
    (b)  the imposition of penalties and the power of seizure in accordance with sections 25 and 29")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
35     Page 14, line 24, leave out subsection (6) 
  
Clause 20
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
36     Page 15, line 5, at end insert ("if possible before the marriage is solemnized and otherwise within seven days") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
37     Page 15, line 5, at end insert--
    ("(  )  within a reasonable time,")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
38     Page 15, line 6, leave out from ("manner") to end of line 7 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
39     Page 15, line 8, at end insert ("and must at the same time send a copy of this report to the parties to the proposed marriage") 
  
BY THE LORD DHOLAKIA
 
39A*     Page 15, line 22, after first ("the") insert ("sole") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
     The Baroness Williams of Crosby gives notice of her intention to oppose the Question that Clause 20 stand part of the Bill. 
  
Clause 21
 
  
BY THE LORD CADMAN
 
40     Page 15, line 29, at end insert--
 
    ("(  )  In formulating such facilities the Secretary of State shall have due regard to their economic cost and practical relevance to the control of immigration.")
 
  
After Clause 21
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
41     Insert the following new Clause-- 
     (".--(1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements--
    (a)  for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;
    (b)  for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
    (2)  Control port" has the same meaning as in section 21.
 
    (3)  Facilities" includes equipment.
 
    (4)  Basic service" has such meaning as may be prescribed.")
Charges: immigration control.
  
Clause 22
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
42     Page 16, line 8, after ("include") insert ("material") 
  
BY THE LORD HYLTON
THE BARONESS WILLIAMS OF CROSBY
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill. 
  
Clause 23
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
43     Page 16, line 42, at end insert ("or") 
  
Clause 25
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
44     Page 18, line 6, at end insert--
 
("provided always that any sum paid by way of penalty under this section shall be refunded to the person or persons responsible, in any case where the Secretary of State finds that the passenger is irremovable from the UK because his removal would be contrary to the Convention or the Human Rights Act 1998.")
 
  
BY THE LORD BERKELEY
 
45     Page 18, line 17, at end insert--
    ("(d)  if it is a transporter ("the carried transporter") being carried in or on another transporter, the owner, hirer, driver or operator of the transporter in or on which it is carried")
 
46     Page 18, line 28, leave out subsections (8) and (9) 
47     Page 18, line 36, at end insert--
 
    ("(11)  This section shall not come into effect until--
    (a)  the Secretary of State has procured the implementation of suitable systems for preventing and detecting clandestine immigrants; and
    (b)  the Secretary of State has demonstrated that the systems will not cause any additional cost or significant delay to the persons responsible.")
 
  
Clause 26
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
48     Page 18, line 37, leave out ("must") and insert ("may") 
49     Page 18, line 38, leave out ("person operating a system") and insert ("owner") 
  
BY THE LORD BERKELEY
 
50     Page 18, line 39, at end insert--
 
    ("(  )  Before issuing the code of practice, the Secretary of State must consult and reach agreement with persons appearing to him to be likely to be directly or indirectly affected by the code.")
 
  
Clause 27
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
51     Page 19, leave out lines 13 to 19 
  
Clause 28
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
52     Page 19, line 40, leave out subsections (4) and (5) 
  
Clause 29
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
53     Page 20, line 42, at end insert ("but the Secretary of State shall reimburse the carrier for any expense incurred by him as a result of the detention") 
  
BY THE LORD DHOLAKIA
 
     The Lord Dholakia gives notice of his intention to oppose the Question that Clause 29 stand part of the Bill. 
  
Clause 30
 
  
BY THE LORD DHOLAKIA
 
     The Lord Dholakia gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill. 
  
Clause 31
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
54     Page 21, line 30, after ("acquitted") insert (" , the charge against him is dismissed or the proceedings are discontinued") 
55     Page 22, line 6, at end insert--
    ("( ) In the application to Scotland of subsection (1)--
      (a)  in paragraph (a), for "charge the arrested person with" substitute "institute criminal proceedings against the arrested person for";
      (b)  in paragraph (b), for "if the arrested person has been charged" substitute "if criminal proceedings have been instituted against the arrested person"; and
      (c)  at the end insert "and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service of an indictment or complaint on him".")
 
  
After Clause 31
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
56     Insert the following new Clause-- 
     ("  .--(1) The Secretary of State may make regulations applying (with or without modification) any provision of this Part for the purpose of enabling penalties to be imposed in respect of a person ("a clandestine entrant") who--
    (a)  arrives in the United Kingdom concealed in a rail freight wagon; and
    (b)  claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.
    (2)  The regulations may, in particular, make provision--
    (a)  enabling additional penalties to be imposed in respect of persons concealed with the clandestine entrant;
    (b)  as to which person is (or which persons are together) liable to penalties in respect of the clandestine entrant;
 
        15
    (c)  for conferring on a senior officer a power to detain any relevant rail freight wagon in prescribed circumstances;
 
 
    (d)  for conferring on the Secretary of State a power to sell in prescribed circumstances a rail freight wagon which has been detained.
 

        21
        22
        23
    (3)  Before making any regulations under this section, the Secretary of
State must consult, in the way he considers appropriate, persons
appearing to him to be likely to be affected by the imposition of penalties
under the regulations.")
Rail freight.
  
BY THE LORD BERKELEY
[Amendments 57 to 61 are amendments to Amendment 56]
 
57     Line 15, leave out paragraphs (c) and (d) 
58     Line 21, leave out (", in the way he considers appropriate,") and insert ("and reach agreement with") 
59     Line 22, after ("affected") insert ("directly or indirectly") 
60     Line 23, at end insert--
 
    ("(4)  No regulations made under this section shall come into effect--
    (a)  if they impose additional cost or significant delay to rail freight traffic; or
    (b)  the relevant authorities in the countries from which the services operate to the United Kingdom have implemented suitable systems for preventing and detecting clandestine immigrants.")
 
61     Line 23, at end insert--
 
    ("(4)  Regulations made under this section shall be laid in draft before, and subject to approval by resolution of, each House of Parliament.")
 
  
Clause 32
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
62     Page 23, line 43, leave out ("more than eight") 
  
Clause 33
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
63     Page 24, line 9, at end insert ("unless they hold valid travel documents for entry into another country") 
  
Clause 34
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
64     Page 24, line 42, after ("it") insert ("on the open market") 
65     Page 25, line 3, at end insert ("but the Secretary of State shall reimburse the carrier for any expense incurred by him as a result of the detention") 
  
Clause 35
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
66     Page 25, line 30, at end insert--
    (""rail freight wagon" has such meaning as may be prescribed;")
 
  
Before Clause 36
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD BISHOP OF RIPON
 
67     Insert the following new Clause-- 
     ("  .  The Lord Chancellor shall, by order, extend the provision of legal aid, to cover bail hearings under the 1971 Act.")Bail hearings: extension of provision of legal aid.
  
Clause 36
 
  
BY THE LORD HYLTON
 
68     Page 26, line 27, at end insert (", and
    ("(b)  review on a monthly basis the case of any detained person not granted bail at a hearing under this section")
 
69     Page 26, line 32, at end insert--
 
("but no person awaiting the determination of his case shall be detained for a period of more than six months")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
70     Page 26, line 37, leave out ("no later than the eighth") and insert ("on the") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
71     Page 26, line 40, leave out ("a second reference to the court is made") and insert ("further references to the court are made") 
  
BY THE LORD HYLTON
 
72     Page 26, line 43, leave out ("thirty-sixth") and insert ("thirtieth") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
73     Page 26, line 44, at end insert ("and again every twenty-eight days thereafter") 
  
BY THE LORD HYLTON
 
74     Page 27, line 2, leave out ("thirty-third") and insert ("twenty-seventh") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
75     Page 27, line 10, leave out ("before the tenth") and insert ("on the") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
76     Page 27, line 12, leave out ("second") and insert ("further") 
77     Page 27, line 12, leave out ("before the thirty-eighth day following that on which he was detained") and insert ("within three days of receiving the reference") 
  
BY THE LORD HYLTON
 
78     Page 27, line 37, leave out subsection (15) and insert--
 
    ("(15)  For the avoidance of doubt, the provisions of the Bail Act 1976 regarding the criteria on which bail may be granted shall apply to applications for bail under this Act and under the 1971 Act.")
 
 
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