House of Lords portcullis
House of Lords
Session 1998-99
Publications on the internet
Other Bills before Parliament
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 Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords.

  
After Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".  The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of persons--
    (a)  temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the 1971 Act;
    (b)  released from detention under that paragraph; or
    (c)  released on bail from detention under any provision of the Immigration Acts.")
Accommodation for those temporarily admitted or released from detention.
  
Clause 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 4, line 1, leave out ("is") 
     Page 4, line 2, after ("kind") insert ("is payable") 
     Page 4, line 4, after ("But") insert ("--
    (a)  a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is--
          (i)  a person making a claim for asylum which claim either has not been determined or has been granted; or
          (ii)  a dependant of such a person; and")
 
  
BY THE LORD COPE OF BERKELEY
THE BARONESS WILLIAMS OF CROSBY
 
     Page 4, line 5, at end insert--
 
    ("(  )  No fee shall be payable by those seeking asylum under the Refugee Convention nor by those claiming protection under Article 3 of the Human Rights Convention.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 4, line 10, at end insert--
 
    ("(  )  Claim for asylum" has the meaning given in subsection (1) of section 89; and subsection (3) of that section applies for the purposes of this section as it applies for the purposes of Part VI.
 
    (  )  Dependant" has such meaning as may be prescribed.")
 
  
After Clause 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".  In the 1971 Act, after section 8A, insert--Persons excluded from the United Kingdom under international obligations.
 Persons excluded from the United Kingdom under international obligations.     8B.--(1)  An excluded person must be refused--
    (a)  leave to enter the United Kingdom;
    (b)  leave to remain in the United Kingdom.
    (2)  A person's leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person.
 
    (3)  A persons's exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.
 
    (4)  Excluded person" means a person named by or under a designated international instrument.
 
    (5)  Designated international instrument" means a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union which--
    (a)  requires or recommends that the United Kingom not to admit to the United Kingdom a person named by or under the resolution or instrument (however that requirement or recommendation is expressed); and
    (b)  is designated in an order made by the Secretary of State.
    (6)  Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.
 
    (7)  An order under this section must be made by statutory instrument.
 
    (8)  Such an instrument shall, after it is made, be laid before Parliament without delay."  ")
 
  
Clause 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 4, line 42, leave out from beginning to ("overstayers") in line 43 and insert ("During the regularisation period") 
     Page 5, leave out lines 2 and 3 and insert ("begins on the day prescribed for the purposes of this subsection and is not to be less than three months.
 
    (  )  The regularisation period ends--
    (a)  on the day prescribed for the purposes of this subsection; or
    (b)  if later, on the day before that on which section 59 comes into force.")
 
     Page 5, line 5, leave out ("the prescribed day") and insert ("that on which the regularisation period ends") 
  
Clause 9
 
  
BY THE LORD GOODHART
 
     Leave out Clause 9 
  
After Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     ("  .--(1)  During the period beginning when a person makes a claim for asylum and ending when the Secretary of State gives him notice of the decision on the claim, he may not be removed from, or required to leave, the United Kingdom.
 
    (2)  Subsection (1) does not prevent--
    (a)  directions for his removal being given during that period;
    (b)  a deportation order being made against him during that period.
    (3)  But no such direction or order is to have effect during that period.
 
    (4)  This section is to be treated as having come into force on 26 July 1993.")
Protection of claimants from removal or deportation.
     Insert the following new Clause-- 
     (".--(1)  Directions for, or requiring arrangements to be made for, the removal of a person from the United Kingdom may include or be amended to include provision for the person who is to be removed to be accompanied by an escort consisting of one or more persons specified in the directions.
 
    (2)  The Secretary of State may by regulations make further provision supplementing subsection (1).
 
    (3)  The regulations may, in particular, include provision--
    (a)  requiring the person to whom the directions are given to provide for the return of the escort to the United Kingdom;
    (b)  requiring him to bear such costs in connection with the escort (including, in particular, remuneration) as may be prescribed;
    (c)  as to the cases in which the Secretary of State is to bear those costs;
    (d)  prescribing the kinds of expenditure which are to count in calculating the costs incurred in connection with escorts.")
Escorts for persons removed from the United Kingdom under directions.
  
Clause 12
 
  
BY THE LORD DHOLAKIA
 
     Page 8, line 6, after first ("clearance") insert ("as a visitor") 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 14, leave out lines 41 and 42 and insert ("without delay and in such form and manner") 
  
BY THE LORD COPE OF BERKELEY
THE BARONESS WILLIAMS OF CROSBY
 
     Page 14, line 41, leave out from ("manner") to end of line 42 
  
BY THE LORD COPE OF BERKELEY
 
     Page 14, line 43, at end insert (", and
    (b)  within 2 days of the suspicion arising")
 
  
BY THE EARL OF SANDWICH
THE BARONESS WILLIAMS OF CROSBY
 
     Page 14, line 43, at end insert (", and shall within a reasonable period inform the couple involved that this has been done") 
  
BY THE LORD DHOLAKIA
THE LORD BISHOP OF SOUTHWARK
 
     Page 15, line 14, after ("A") insert ("solely") 
  
Clause 21
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 15, line 19, leave out ("free of charge") and insert ("at cost price") 
  
Clause 23
 
  
BY THE LORD BISHOP OF SOUTHWARK
THE LORD DHOLAKIA
THE LORD CLINTON-DAVIS
 
     Page 16, line 36, at end insert--
        ("24B.  No prosecution shall be instituted under section 24 or 24A above against a person who has lodged a claim for asylum under the Refugee Convention, or a person who gives information leading an immigration or police officer to believe that he may be seeking asylum, until his asylum claim is finally rejected, save with the consent of the Attorney General, and any person who gives such information to a police officer shall be referred to an immigration officer to ascertain whether he wishes to make a claim for asylum."
    (2)  In the 1971 Act, after section 26(1) there is inserted--
        (1A)  No prosecution shall be instituted under sub-section (1)(d) above against a person who has lodged a claim for asylum under the Refugee Convention, or a person who gives information leading an immigration or police officer to believe that he may be seeking asylum, until his asylum claim is finally rejected, save with the consent of the Attorney General, and any person who gives such information to a police officer shall be referred to an immigration officer to ascertain whether he wishes to make a claim for asylum."
    (3)  In the Forgery and Counterfeiting Act 1981, after section 3 there is inserted--
        3A. No prosecution shall be instituted under section 3 above where Section 24B of the Immigration Act 1971 would preclude prosecution under Section 23A of that Act for the use or attempted use of the false instrument."
    (4)  In the Forgery and Counterfeiting Act 1981, after section 5 there is inserted--
        5A.  No prosecution shall be instituted under section 5 above in circumstances where the false instrument possessed is a passport or document which can be used instead of a passport and Section 24B of the Immigration Act 1971 would preclude prosecution for the use or attempted use of the false instrument possessed."")
 
  
After Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1)  It is a defence for a refugee charged with an offence to which this section applies to show that, having come to the United Kingdom directly from a country where his life or freedom was threatened (within the meaning of the Refugee Convention) he--
    (a)  presented himself to the authorities in the United Kingdom without delay;
    (b)  showed good cause for his illegal entry or presence; and
    (c)  made a claim for asylum as soon as was reasonably practicable after his arrival in the United Kingdom.
    (2)  If, in coming from the country where his life or freedom was threatened, the refugee stopped in another country outside the United Kingdom, subsection (1) applies only if he shows that he could not reasonably have expected to be given protection under the Refugee Convention in that other country.
 
    (3)  The offences to which this section applies are any offence, and any attempt to commit an offence, under--
Defences based on Article 31(1) of the Refugee Convention.
 
    (a)  Part I of the Forgery and Counterfeiting Act 1981 (forgery and connected offences);
    (b)  section 24A of the 1971 Act (deception); or
    (c)  section 26(1)(d) of the 1971 Act (falsification of documents).
    (4)  In Scotland, this section also applies to the offences of--
    (a)  fraud;
    (b)  forgery and uttering.
    (5)  A refugee who has made a claim for asylum is not entitled to the defence provided by subsection (1) in relation to any offence committed by him after making that claim.
 
    (6)  Refugee" has the same meaning as it has for the purposes of the Refugee Convention.
 
    (7)  If the Secretary of State has refused to grant a claim for asylum made by a person who claims that he has a defence under subsection (1), that person is to be taken not to be a refugee unless he shows that he is.
 
    (8)  A person who--
    (a)  was convicted in England and Wales of an offence to which this section applies before the commencement of this section, but
    (b)  at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Criminal Cases Review Commission with a view to his case being referred to the Court of Appeal by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
 
    (9)  A person who--
    (a)  was convicted in Scotland of an offence to which this section applies before the commencement of this section, but
    (b)  at no time during the proceedings for that offence argued that he had a defence based on Article 31(1),
may apply to the Scottish Criminal Cases Review Commission with a view to his case being referred to the High Court of Justiciary by the Commission on the ground that he would have had a defence under this section had it been in force at the material time.
 
    (11)  The Secretary of State may by order amend subsection (3) by adding or removing offences from those for the time being listed there.")
1981 c. 45.
  
Clause 26
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD CLINTON-DAVIS
 
     Page 17, line 31, leave out paragraph (a) 
     Page 17, line 35, leave out paragraph (c) 
     Page 17, line 40, leave out ("claims, or indicates that he intends to seek, asylum in the United Kingdom or") 
  
Clause 31
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 21, line 8, after ("expenses;") insert--
    ("(  )  there is no significant risk that the penalty (or one or more of the penalties) and any connected expenses will not be paid;")
 
  
Clause 34
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 24, line 2, at end insert--
    ("(  )  neither he nor his representative was permitted, under the law applicable to the place where A embarked on the journey to the United Kingdom, to require A to produce to him when embarking the required document or documents;")
 
     Page 24, line 30, at end insert--
 
    ("(8A)  The Secretary of State may by order provide that this section is not to apply in relation to passengers arriving in the United Kingdom on a train who embarked on the journey to the United Kingdom--
    (a)  in a country specified in the order; or
    (b)  at places so specified within a country so specified.
    (  )  The Secretary of State may make an order under subsection (8A) only if he is satisfied that there is in force between the United Kingdom and the country concerned an agreement providing for the operation of UK immigration control in that coutnry or for the checking of passports and visas there.")
 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 14 October 1999