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

back to previous amendments
 
  
Clause 112
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 72, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
     Page 72, line 20, after ("(7)") insert ("of that section and in that paragraph") 
  
Clause 113
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
     Page 72, line 22, leave out subsections (1) and (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 72, line 25, leave out ("made in respect of persons") and insert ("given effect to in relation to a person") 
     Page 72, line 27, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4B)  Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."  ")
 
     Page 72, line 29, after ("illness") insert ("and for care and after-care") 
     Page 72, line 31, leave out ("made in respect of persons") and insert ("given effect to in relation to a person") 
  
Clause 116
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 74, line 21, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
     Page 74, line 23, after ("(7)") insert ("of that section and in that paragraph") 
  
Clause 117
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 17, leave out ("and (5)") 
     Page 75, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
     Page 75, line 20, after ("(7)") insert ("of that section and in that paragraph") 
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 40, leave out from ("under") to ("in") in line 43 and insert ("any of the child welfare provisions") 
     Page 76, line 8, at end insert--
 
    ("(  )  The child welfare provisions" means--
    (a)  section 17 of the Children Act 1989 (local authority support for children and their families);
    (b)  section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and
    (c)  Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).")
 
     Page 76, line 11, leave out from ("under") to ("in") in line 12 and insert ("any of the child welfare provisions") 
     Page 76, line 14, after ("means") insert ("--
    (a)  in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided;
    (b)  in any other case,")
 
  
Clause 119
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 76, line 23, leave out from beginning to ("provide") and insert ("Regulations may") 
     Page 77, line 8, after ("regulations") insert ("made by the Secretary of State") 
     Page 77, line 11, after ("regulations") insert ("made by the Department") 
     Page 77, line 14, after ("regulations") insert ("made by the Secretary of State") 
     Page 77, line 17, after ("regulations") insert ("made by the Department") 
  
After Clause 123
 
  
BY THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
THE LORD CARR OF HADLEY
THE LORD ALLEN OF ABBEYDALE
 
     Insert the following new Clause-- 
 ("PART VIA 
 IMMIGRATION SERVICE COMPLAINTS AUTHORITY 
     .--(1)  There shall be an authority to be known as the "Immigration Service Complaints Authority", hereinafter referred to as the "Authority".
 
    (2)  The Authority shall be comprised of members appointed by the Lord Chancellor's Department, from a panel comprised of individuals with proven experience in the community, local government or academia of monitoring and investigating the use and/or abuse of coercive powers.
 
    (3)  The Authority shall appoint officers, who will monitor and investigate complaints about the use of powers contained in this Act or the Immigration Act 1971.
 
    (4)  The authority shall devise and issue a handbook outlining the procedures to be followed when making a complaint and the steps which will be taken to investigate such a complaint, after consultation with all relevant organisations and individuals.
 
    (5)  The authority shall recommend disciplinary or criminal action against immigration officers against whom complaints are upheld, where appropriate.
 
    (6)  The Authority shall publish an annual report on its activities.")
Immigration Service Complaints Authority.
  
Clause 136
 
  
BY THE LORD AVEBURY
THE LORD HYLTON
 
     Page 93, line 35, at end insert--
 
    ("(  )  In paragraph 18 of Schedule 2 to the 1971 Act, at the beginning there is inserted--
        (A1)  Persons may be detained under paragraph 16(1) above for a period not exceeding 48 hours in such places as the Secretary of State may direct, and after that in a detention centre as defined in section 143 of the Immigration and Asylum Act 1999.")
 
     Page 93, line 35, at end insert--
 
    ("(  )  In paragraph 18(1) of Schedule 2 to the 1971 Act, in line 1, for "16" there is substituted "16(2)".")
 
  
Clause 139
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 96, line 2, leave out ("period of ten years") and insert ("specified period") 
     Page 96, line 41, at end insert--
 
    ("(15)  Specified period" means--
    (a)  such period as the Secretary of State may specify by order;
    (b)  if no period is so specified, ten years.")
 
  
Clause 142
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE BARONESS WILLIAMS OF CROSBY
 
     Page 97, line 24, leave out ("the 1971 Act or") and insert ("Part VII of") 
  
Before Clause 143
 
  
BY THE LORD HYLTON
THE LORD AVEBURY
 
     Insert the following new Clause-- 
     ("  .--(1)  The maximum period for which a person detained in accordance with Schedule 2 or Schedule 3 of the 1971 Act may be held in a place of detention as specified in Schedule 2 paragraph 18 of the 1971 Act must not in any event exceed six calendar months.
 
    (2)  For the purposes of calculating whether the maximum period of detention has been reached each and every period for which a detained person has been held in a detention centre or prison, whether or not the detention has been continuous, shall be taken into account.")
Maximum period of detention.
  
Clause 143
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 98, line 4, after ("facility") insert (", a prison") 
     Page 98, line 21, at end insert--
    ("(  )  in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;")
 
  
Clause 149
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 101, line 28, leave out subsection (3) 
  
Clause 150
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 102, line 9, at end insert--
 
    ("(  )  A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.")
 
  
Schedule 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 135, line 13, at end insert (", or
    (  )  performing functions of a custodial nature at a short-term holding facility.")
 
     Page 135, line 17, leave out sub-paragraphs (2) and (3) 
  
Clause 152
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 102, line 43, after ("114") insert ("or 122") 
  
After Clause 152
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1)  The Secretary of State may by regulations extend any provision made by or under this Part in relation to detention centres (other than one mentioned in subsection (2)) to short-term holding facilities.
 
    (2)  Subsection (1) does not apply to section 146.
 
    (3)  The Secretary of State may make rules for the regulation and management of short-term holding facilities.")
Short-term holding facilities.
  
Schedule 12
 
  
BY THE LORD BASSAM OF BRIGHTON
[In substitution for the amendment printed on
sheet HL Bill 91(Rev)(b)
]
 
     Page 138, line 38, at end insert ("; or 
 
    (b)  an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991 or under section 103 or 119 of the Criminal Justice and Public Order Act 1994.")
1991 c. 53.
1994 c. 33.
  
Before Clause 159
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
     Insert the following new Clause-- 
     ("  .  It is unlawful to do any act which constitutes racial discrimination when exercising any powers under this Act or any other of the Immigration Acts.")Racial discrimination.
  
After Clause 159
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     ("  .  In the 1971 Act, after section 31, insert--Procedural requirements as to applications.
 Procedural requirement as to applications.     31A.--(1)  If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.
 
    (2)  If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.
 
    (3)  Prescribed" means prescribed in regulations made by the Secretary of State.
 
    (4)  The power to make regulations under this section is exercisable by statutory instrument.
 
    (5)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
 
 
back to previous page 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