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Session 1998-99
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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 Marshalled List of Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords.

     The amendments have been marshalled in accordance with the Order of 30th July 1999, as follows-- 
 Clauses 1 to 36
Schedule 1
Clauses 37 to 50
Schedule 2
Clause 51
Schedule 3
Clause 52
Schedule 4
Clauses 53 to 78
Schedule 5
Clauses 79 and 80
Schedule 6
Clauses 81 and 82
Schedule 7
Clauses 83 to 90
Schedule 8
Clauses 91 to 98
Schedule 9
Clauses 99 to 150
Schedule 10
Clause 151
Schedule 11
Clause 152
Schedule 12
Clauses 153 to 164
Schedules 13 to 15
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
After Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
1     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
 
2     Page 4, line 1, leave out ("is") 
3     Page 4, line 2, after ("kind") insert ("is payable") 
4     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
 
5     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
 
6     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
 
7     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 the United Kingdom 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
 
8     Page 4, line 42, leave out from beginning to ("overstayers") in line 43 and insert ("During the regularisation period") 
9     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.")
 
10     Page 5, line 5, leave out ("the prescribed day") and insert ("that on which the regularisation period ends") 
  
Clause 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
11     Page 6, leave out lines 3 and 4 and insert ("In determining whether a person in relation to whom a certificate has been issued under subsection (2) may be removed from the United Kingdom, a member State is to be regarded as") 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
12*     Page 6, line 28, at end insert--
 
    ("(  )  Special arrangements shall be made to facilitate and expedite the return to the Republic of Ireland of any person who, after taking independent legal advice, requests to be returned.")
 
  
BY THE LORD GOODHART
THE LORD ACKNER
 
13     Leave out Clause 9 
  
After Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
14     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.
15     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
 
16     Page 8, line 6, after first ("clearance") insert ("as a visitor") 
  
Clause 16
 
  
BY THE LORD BASSAM OF BRIGHTON
 
17     Page 11, line 15, at end insert--
    ("(  )  a person with whom the Secretary of State has made a contract or other arrangements under section 90 or 94 or a sub-contractor of such a person;")
 
  
Before Clause 18
 
  
BY THE LORD DHOLAKIA
 
18*     Insert the following new Clause-- 
     ("In the 1971 Act, after section 25(2), insert--
        (2A)  If any person ("the employer") is employing or has within the preceding 3 months employed any person who is an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c), an immigration officer may serve a notice on the employer, in accordance with regulations made by the Secretary of State.
        (2B)  Any employer who, within 12 months of being served with a notice under subsection (2A), employs any person who is an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c), shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with imprisonment for not more than six months or with both.
        (2C)  It shall be a defence to proceedings under subsection (2B) above to prove that in respect of any person employed after service of the notice under subsection (2A), before the employment began the employer made such enquiries or inspected such documents as were reasonable in the circumstances to satisfy himself that to employ the person would not contravene subsection (2B).
        (2D)  Where an offence under subsection (2B) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to the neglect on the part of--
      (a)  any director, manager, secretary or other similar officer of the body corporate; or
      (b)  any person who was purporting to act in any such capacity,
    he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
        (2E)  Where the affairs of a body corporate are managed by its members, subsection (2D) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
        (2F)  In this section, "employ" means employ under a contract of service or apprenticeship, whether express or implied and (if it is express) whether it is oral or written, and "employment" shall be construed accordingly."")
Employment of illegal immigrants: penalties.
  
Clause 18
 
  
BY THE LORD DHOLAKIA
 
19*     Leave out Clause 18 
  
Clause 20
 
  
BY THE LORD BASSAM OF BRIGHTON
 
20     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
 
21     Page 14, line 41, leave out from ("manner") to end of line 42 
  
BY THE LORD COPE OF BERKELEY
 
22     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
 
23     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
 
24     Page 15, line 14, after ("A") insert ("solely") 
  
Clause 21
 
  
BY THE LORD COPE OF BERKELEY
 
25     Page 15, line 19, leave out ("free of charge") and insert ("at cost price") 
  
BY THE LORD CADMAN
THE LORD COPE OF BERKELEY
 
26     Page 15, line 21, at end insert--
 
    ("(  )  In formulating such facilities, the Secretary of State shall have regard to their economic cost and practical relevance to the control of immigration.")
 
27     Page 15, line 25, at end insert--
 
    ("(  )  If there is a disagreement between the manager of a port and the Secretary of State as to what facilities are reasonably necessary for the purposes of subsection (1) above, the Secretary of State shall, with the agreement of the port manager, appoint an arbitrator, who shall review the matter and make recommendations; and any direction given under subsection (1) shall embody the arbitrator's recommendations.")
 
  
After Clause 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
28     Insert the following new Clause-- 
 ("Charges: travel documents 
     .--(1) The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications to him for travel documents.
 
    (2)  If a fee is prescribed in connection with an application of a particular kind, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.
 
    (3)  In respect of any period before the coming into force of this section, the Secretary of State is to be deemed always to have had power to impose charges in connection with--
    (a)  applications to him for travel documents; or
    (b)  the issue by him of travel documents.
    (4)  Travel document" does not include a passport.")
Charges: travel documents.
  
After Clause 23
 
  
BY THE LORD BISHOP OF SOUTHWARK
THE LORD DHOLAKIA
THE LORD CLINTON-DAVIS
THE BARONESS KENNEDY OF THE SHAWS
 
29*     Insert the following new Clause-- 
     (  .--(1)  In the 1971 Act, after section 24A, insert--Prosecutions.
 Illegal entry and deception: prosecution etc.     (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--
 
 Use of false instruments: prosecutions in asylum cases.     3A. No prosecution shall be instituted under section 3 above where section 24B of the Immigration Act 1971 would preclude prosecution under section 24A 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--
 
 Passport offences: prosecutions.     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."") 
 
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