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

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Clause 160
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 108, leave out lines 24 and 25 and insert--
    ("(d)  Part VI,
    (e)  paragraph 1 of Schedule 8, or")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 108, line 25, after ("92(3),") insert--
    ("(  )  section 139(15),")
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 108, line 27, after ("unless") insert ("a Minister has certified that the proposed order is compatible with the Human Rights Convention and") 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 108, line 30, at end insert--
    ("(  )  section (Applications for bail in immigration cases);")
 
     Page 108, line 30, at end insert--
    ("(  )  section (Applications for bail in immigration cases);")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
     Page 108, line 32, at end insert (", or
    (d)  section 149")
 
  
BY THE LORD COPE OF BERKELEY
 
     Page 108, line 33, after ("unless") insert ("a Minister has certified that the proposed regulations are compatible with the Human Rights Convention and") 
     Page 108, line 34, at end insert--
 
    (  )  No amendment to the immigration rules under the 1971 Act shall be made unless a Minister has certified that the proposed amendment is compatible with the Human Rights Convention and a draft of the amendment has been laid before, and approved by resolution of, both Houses of Parliament.")
 
  
BY THE LORD GOODHART
 
     Page 108, line 38, at end insert--
 
    ("(  )  Any statutory instrument or draft statutory instrument laid before either House of Parliament under this Act must be accompanied by a certificate by the Minister in charge of the instrument to the effect that he is satisfied that the instrument is compatible with the European Convention on Human Rights.")
 
  
Clause 164
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 110, line 6, leave out subsection (2) and insert--
 
    ("(  )  Subsections (1) and (2) of section 111 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.")
 
  
BY THE LORD AVEBURY
 
     Page 110, line 14, at end insert--
 
    ("(  )  A day for the entry into force of Part VI of this Act in Northern Ireland shall not be appointed until an assessment has been carried out under section 75 and Schedule 9 of the Northern Ireland Act 1998.")
 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 144, line 19, at end insert--
 
    ("  .  In section 11(1) (entry to the United Kingdom), at the end insert "or by Part III of the Immigration and Asylum Act 1999".")
 
     Page 144, leave out lines 23 and 24 and insert--
 
    (".--(1)  Section 27 (offences by persons connected with ships or aircraft) is amended as follows.
 
    (2)  In paragraph (a)(ii), after "Schedule 2 or 3" insert "or under the Immigration and Asylum Act 1999".
 
    (3)  In paragraph (b)(iii)--
    (a)  after "arrangements for" insert "or in connection with"; and
    (b)  at the end insert "or under the Immigration and Asylum Act 1999; or")
 
     Page 144, line 27, at end insert--
 
    ("  .  In section 32(2) (signed documents to be received in evidence), after second "by him" insert "or on his behalf".")
 
     Page 145, line 2, at end insert ("; or
    (c)  whether there are medical grounds on which that leave should be cancelled.")
 
     Page 145, line 2, at end insert--
 
    ("(  )  He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.")
 
     Page 146, line 8, leave out from ("2") to ("sub-paragraph") in line 11 and insert ("paragraph 21 (temporary admission of persons liable to detention) is amended as follows.
 
    (2)  After sub-paragraph (2) insert--
        (2A)  The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) above include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
        (2B)  Regulations made under sub-paragraph (2A) may provide that a particular prescribed description of provision may be imposed only for prescribed purposes.
        (2C)  The regulations may, among other things, provide for the inclusion of provisions--
      (a)  prohibiting residence in a particular description of accommodation;
      (b)  prohibiting residence in one or more particular areas;
      (c)  requiring the person concerned to reside in accommodation provided under section (Accommodation for those temporarily admitted or released from detention) of the Immigration and Asylum Act 1999 or in such other description of accommodation as may be prescribed by the regulations;
      (d)  prohibiting the person concerned from being absent from his accommodation except in accordance with the restrictions imposed on him.
        (2D)  The power to make regulations conferred by this paragraph is exercisable by statutory instrument and includes a power to make different provision for different cases.
        (2E)  Any such statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament."
    (3)  In sub-paragraph (3), after "2" insert "or 2A".
 
    (4)  In")
 
     Page 146, line 39, at end insert--
 
    ("  .  In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute--
        3.--(1)  This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
        (2)  Sub-paragraph (1) does not apply if the person concerned is--
      (a)  a British citizen;
      (b)  an EEA national;
      (c)  a member of the family of an EEA national; or
      (d)  a member of the family of a British citizen who is neither such a citizen nor an EEA national.
        (3)  The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.
        (4)  In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
        (5)  Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
        (6)  Islands deportation order" means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
        (7)  Subsections (9) and (10) to (12) of section 75 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section."")
 
     Page 146, line 39, at end insert-- 
 ("The House of Commons Disqualification Act 1975 (c. 24) 
     . In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)--
    (a)  omit--
    Adjudicator appointed for the purposes of the Immigration Act 1971"; and
    (b)  at the appropriate places, insert--
    Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and
    Asylum Support Adjudicator".
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
 
    .  In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)--
    (a)  omit--
    Adjudicator appointed for the purposes of the Immigration Act 1971"; and
    (b)  at the appropriate places, insert--
    Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and
    Asylum Support Adjudicator".")
 
  
BY THE LORD LESTER OF HERNE HILL
THE LORD DHOLAKIA
 
     Page 146, line 39, at end insert-- 
 (The Race Relations Act 1976 (c. 74) 
     In Part III of the Race Relations Act 1976, after section 19A insert--
 
    ("19B.  It is unlawful for the Secretary of State for the Home Department, any employee or agent of the Immigration and Nationality Directorate, any Entry Clearance Officer, any member of the Immigration Appellate Authority or any other person to discriminate against an individual, on racial grounds when deciding whether--
    (a)  to grant him or her entry clearance or leave to enter the United Kingdom;
    (b)  to vary his or her leave to remain in the United Kingdom;
    (c)  to grant him or her asylum or exceptional leave to remain;
    (d)  to deport or remove him or her from the United Kingdom;
    (e)  to grant him or her leave to appeal or to allow his or her appeal;
    (f)  his or her human rights have been breached;
    (g)  to provide assistance, under Part VI of the Immigration and Asylum Act 1999, and the content of any such assistance;
    (h)  to use the powers provided by Part VII of the Immigration and Asylum Act 1999; to detain him or her, and deciding the place and conditions in which he or she is held; or
    (j)  to grant bail.
    ("19C.  It is unlawful for the persons listed in section 19A, when carrying out functions under the Immigration Acts and the Immigration Rules which are not listed in section 19A, to do any act which constitutes racial discrimination".")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 146, line 44, leave out ("for an asylum-seeker") 
     Page 146, line 45, at end insert-- 
 ("The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) 
     .  In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert--
        4A. An offence under paragraph 4 to Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."  ")
 
     Page 147, line 15, leave out from ("in") to ("to") in line 16 and insert ("order") 
     Page 148, line 2, leave out from ("in") to ("to") in line 3 and insert ("order") 
     Page 148, line 11, leave out from ("in") to ("to") in line 12 and insert ("order") 
     Page 148, line 27, leave out ("section 90") and insert ("Part VI") 
     Page 148, line 35, leave out ("section 90") and insert ("Part VI") 
     Page 149, line 30, at end insert--
 
    ("(  )  In Schedule 11 (judges etc barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit "appointed under Schedule 5 to the Immigration Act 1971" and after that entry insert--
        Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)"")
 
     Page 150, line 14, leave out (""Immigration Adjudicator"") and insert ("Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)"") 
     Page 150, line 14, at end insert--
 
    ("(  )  In Schedule 5 (relevant offices in relation to the retirement provisions), for "Immigration Adjudicator" substitute insert "Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)".")
 
  
Schedule 14
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 154, line 5, at end insert-- 
 ("Duties under National Assistance Act 1948 
     . Section 112 has effect, in relation to any time before section 111 is brought into force, as if section 111 came into force on the passing of this Act. 
 Duties under Social Work (Scotland) Act 1968 
     .  Section 116(1) has effect, in relation to any time before section 111 is brought into force, as if section 111 came into force on the passing of this Act.") 
     Page 154, line 16, leave out ("prescribed under") and insert ("fixed by") 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 155, line 55, at end insert-- 
 
("1975 c. 24.The House of Commons Disqualification Act 1975. In Schedule 1, in Part III, "Adjudicator appointed for the purposes of the Immigration Act 1971".
1975 c. 25.The Northern Ireland Assembly Disqualification Act 1975. In Schedule 1, in Part III, "Adjudicator appointed for the purposes of the Immigration Act 1971".")
 
 
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Prepared 14 October 1999