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

back to previous amendments
 
  
Clause 36
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 25, line 28, after ("expenses;") insert--
    ("(  )  there is no significant risk that the charge and any connected expenses will not be paid;")
 
  
Clause 38
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 27, line 25, leave out ("notifies the Secretary of State, in writing,") and insert ("has given to the Secretary of State, and has not withdrawn, written notice") 
  
Clause 40
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 29, line 6, leave out ("or (3)") and insert (", (3) or (3A)") 
  
BY THE EARL OF SANDWICH
THE VISCOUNT BRENTFORD
 
     Page 29, leave out lines 24 to 38 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 29, line 39, at end insert-- 
     ("(3A)  The detained person need not be granted bail if the court is satisfied that he is a person to whom section 3(2) of the Special Immigration Appeals Commission Act 1997 (national security cases) applies.")1997 c. 68.
  
BY THE LORD DHOLAKIA
 
     Page 29, line 39, at end insert--
 
    ("(  )  If the court is satisfied that any of the provisions in subsections (2) or (3) apply, the detained person shall be notified in writing including the reasons for applying exceptions.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 30, line 2, at end insert--
 
    ("(  )  If bail is granted under this section, the appropriate court may, on an application by or on behalf of the person released, vary any condition on which it was granted.
 
    (  )  If bail is granted under this section, the appropriate court may, on an application by or on behalf of the Secretary of State, vary any condition on which it was granted or impose conditions on it.
 
    (  )  Appropriate court" means--
    (a)  if the person released has brought an appeal under the Immigration Acts, the court or other appellate body dealing with his appeal;
    (b)  in any other case the court which released the person concerned on bail.")
 
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out Clause 47 
  
After Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1)  The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under the 1971 Act.
 
    (2)  The regulations may confer a right to be released on bail in prescribed circumstances.
 
    (3)  The regulations may, in particular, make provision--
    (a)  creating or transferring jurisdiction to hear an application for bail by a person detained under the 1971 Act;
    (b)  as to the places in which such an application may be held;
    (c)  as to the procedure to be followed on, or in connection with, such an application;
    (d)  as to circumstances in which, and conditions (including financial conditions) on which, an applicant may be released on bail;
    (e)  amending or repealing any enactment so far as it relates to such an application.
    (4)  The regulations must include provision for securing that an application for bail made by a person who has brought an appeal under any provision of this Act or the Special Immigration Appeals Commission Act 1997 is heard by the appellate authority hearing that appeal.
 
    (5)  When exercising his power under subsection (1), the Secretary of State must have regard to the desirability, in relation to applications for bail by persons detained under the 1971 Act, of making provision similar to that which is made by this Part in relation to references to the court under section 38.
 
    (6)  Regulations under this section require the approval of the Lord Chancellor.")
Applications for bail in immigration cases.
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 116, line 35, leave out from ("appeal") to ("is") in line 38 and insert ("under Part IV of this Act by a person who claims that it would be contrary to the Convention for him to be removed from, or to be required to leave, the United Kingdom, if the Secretary of State has certified that, in his opinion, that claim") 
  
BY THE LORD GOODHART
THE LORD BISHOP OF SOUTHWARK
 
     Page 116, line 44, leave out sub-paragraph (3) 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 118, line 43, at end insert--
 
    ("(2)  That 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.")
 
  
BY THE EARL OF SANDWICH
THE LORD PHILLIPS OF SUDBURY
 
     Page 119, line 21, at end insert--
 
    ("(4A)  This sub-paragraph applies where the appeal is one to which section 71 or section 72 applies and--
    (a)  the adjudicator considers that the case is one to which a published concession applies; or
    (b)  he considers that such compassionate circumstances as may be set out in the immigration rules relating to deportation or removal apply in the case.
    (4B)  Where sub-paragraph (4A) applies, nothing in sub-paragraph (4) shall prevent an adjudicator allowing an appeal under sub-paragraph (1)(b).
 
    (4C)  Where sub-paragraph (4A) applies, the adjudicator may allow the appeal under sub-paragraph (1)(b) notwithstanding that the ground upon which the appeal is allowed did not require to be considered at the time of the decision or action against which the appeal is brought.")
 
  
Clause 57
 
  
BY THE LORD DHOLAKIA
THE LORD AVEBURY
 
     Page 39, line 33, after ("3(5)") insert ("or (6)") 
  
Schedule 5
 
  
BY THE LORD DHOLAKIA
 
     Page 123, leave out lines 1 and 2 
     Page 123, line 3, after ("person") insert ("who falls within section 79(2)(c) or") 
     Page 123, line 10, at end insert--
 
    ("(6)  The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (3)(a) or (b) where it relates to a person who falls within paragraph (c) of section 79(2), and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 79(2), of one or more of the rules of that body.")
 
  
Clause 89
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 59, line 17, at end insert--
    (""the Department" means the Department of Health and Social Services for Northern Ireland;")
 
  
BY THE LORD BISHOP OF SOUTHWARK
 
     Page 60, line 3, at end insert ("and shall in any event be extended--
          (i)  in the event that either party indicates an intention to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and
          (ii)  for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and
          (iii)  whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and
          (iv)  whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and/or his dependants following rejection of an asylum claim")
 
  
After Clause 89
 
  
BY THE LORD BISHOP OF SOUTHWARK
THE EARL RUSSELL
 
     Insert the following new Clause-- 
     (".  An asylum-seeker, and his dependants if any, shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act or Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the Library of the House of Commons giving details of the average process times in the determination of--
    (a)  initial asylum decisions; and
    (b)  appeals to adjudicators against initial asylum decisions,
and certifying that the average time for the lodging of the application for asylum to the determination of an adjudicator of the appeal against the initial asylum decisions is less than six months.")
Eligibility for Social Security benefits.
  
Clause 90
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 61, line 20, at end insert--
 
    ("(  )  Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.")
 
  
Before Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Schedule-- 
 ("SCHEDULE 
 PROVISION OF SUPPORT: REGULATIONs 
 General regulation-making power 
     1. The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 90 as he considers appropriate. 
 Determining whether a person is destitute 
     2.--(1)  The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed--
    (a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
    (b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 90.
 
    (2)  The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 90.
 
 Prescribed levels of support 
     3.  The regulations may make provision--
    (a)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;
    (b)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.
 
 Provision of items and services 
     4.  The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 90 for such purposes and in such circumstances as may be prescribed. 
 Support and assets to be taken into account 
     5.  The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided--
    (a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and
    (b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 90.
 
 Valuation of assets 
     6.  The regulations may make provision as to the valuation of assets. 
 Breach of conditions 
     7.  The regulations may make provision for the Secretary of State to take into account, when deciding--
    (a)  whether to provide, or to continue to provide, support under section 90, or
    (b)  the level or kind of support to be provided,
the extent to which any condition on which support is being, or has previously been, provided has been complied with.
 
 Suspension or discontinuation of support 
     8.--(1)  The regulations may make provision for the suspension or discontinuance of support under section 90 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).
 
    (2)  The circumstances which may be prescribed include the cessation of residence--
    (a)  in accommodation provided under section 90; or
    (b)  at an address notified to the Secretary of State in accordance with the regulations.
 
 Notice to quit 
     9.--(1)  The regulations may provide that if--
    (a)  as a result of support provided under section 90, a person has a tenancy or a licence to occupy accommodation,
    (b)  one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and
    (c)  he is given such notice to quit as may be prescribed by the regulations,
his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.
 
    (2)  The conditions are that--
    (a)  the support provided under section 90 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;
    (b)  the relevant claim for asylum has been determined;
    (c)  the supported person has ceased to be destitute;
    (d)  he is to be moved to other accommodation.
 
 Contributions to support 
     10.  The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support. 
 Recovery of sums by Secretary of State 
     11.--(1)  The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 90 where it appears to the Secretary of State--
    (a)  that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but
    (b)  that those assets have subsequently become, and remain, capable of being realised.
    (2)  An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered--
    (a)  as if it were a debt due to the Secretary of State; or
    (b)  by such other method of recovery, including by deduction from support provided under section 90 as may be prescribed.
 
 Procedure 
     12.  The regulations may make provision with respect to procedural requirements including, in particular, provision as to--
    (a)  the procedure to be followed in making an application for support;
    (b)  the information which must be provided by the applicant;
    (c)  the circumstances in which an application may not be entertained;
    (d)  the making of further enquiries by the Secretary of State;
    (e)  the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.")
 
 
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Prepared 14 October 1999