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

back to previous amendments
 
  
Clause 37
 
  
BY THE LORD HYLTON
 
79     Page 28, line 1, leave out paragraphs (c) and (d) 
80     Page 28, line 4, leave out ("to (d)") and insert ("and (b)") 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
     The Baroness Williams of Crosby gives notice of her intention to oppose the Question that Clause 37 stand part of the Bill. 
  
Clause 38
 
  
BY THE LORD HYLTON
 
81     Page 28, line 10, leave out ("may") and insert ("shall") 
82     Page 28, line 11, at end insert ("unless there is good reason not to do so") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
83     Page 28, line 11, at end insert--
 
    ("(  )  In the exercise of its power to grant bail under this section, the court shall have regard to guidelines on the detention of asylum seekers issued by the United Nations High Commissioner for Refugees.")
 
  
BY THE LORD HYLTON
 
84     Page 28, line 13, at end insert--
 
    ("(  )  In setting the amount of any recognizance or, in Scotland, any bail bond under subsection (2) above, the court shall have regard to the material circumstances of the detained person.")
 
85     Page 28, line 18, at end insert--
 
    ("(  )  A detained person shall be entitled to legal aid for the purposes of securing legal representation at a bail hearing under this section.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
86     Page 28, line 21, at end insert--
 
    ("(  )  The conditions imposed under this section must be notified to the person released in writing and in a language he understands.")
 
  
Clause 40
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
87     Page 29, line 23, after ("broken,") insert ("or") 
88     Page 29, line 23, leave out ("or is likely to break") 
89     Page 29, line 26, leave out subsection (3) 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
90     Page 30, line 1, leave out subsection (6) 
91     Page 30, line 8, leave out ("neither subsection (6) nor (7) applies,") and substitute ("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 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") 
  
Clause 41
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
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 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.") 
  
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) 
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
 
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 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, after ("55") insert (", 56(2)") 
  
Clause 59
 
  
BY THE LORD DHOLAKIA
 
113     Page 38, line 32, at end insert ("implementation of which should include recognition of rape as persecution and therefore grounds as asylum") 
  
After Clause 59
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
THE LORD HYLTON
THE BARONESS WILLIAMS OF CROSBY
 
114     Insert the following new Clause-- 
     (" .  A person who appeals under section 59 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.")Non-detention: persons under 18 years.
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
115     Insert the following new Clause-- 
     ("  .--(1)  Where the claim of a person who appeals under section 59(1) to be under the age of 18 is disputed--
    (a)  the Secretary of State shall ensure that an independent paediatric assessment of age is offered to that person within 72 hours of the disputed age being recorded;
    (b)  a finding of "reasonable likelihood" from any such assessment shall be construed as though it were confirmation that the person is under the age of 18; and
    (c)  the person shall not be detained for any period while the outcome of his appeal remains undetermined.
    (2)  A dependent child of a person who appeals under section 59 shall not be detained for any period while the outcome of the appeal remains undetermined unless such detention is in the best interests of that child.
 
    (3)  Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.")
Non-detention of persons under 18: dispute of claimed age.
  
After Clause 61
 
  
BY THE COUNTESS OF MAR
THE LORD ALTON OF LIVERPOOL
 
116     Insert the following new Clause-- 
 ("Additional provisions for asylum determination 
     .  The Secretary of State shall adopt the Refugee Women's Legal Group's "Gender Guidelines for the Determination of Asylum Claims in the UK".")Provisions for asylum determination.
 
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Prepared 10 July 1999