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

back to previous amendments
 
  
After Clause 25
 
  
BY THE LORD BASSAM OF BRIGHTON
 
30*     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)  uttering a forged document.
        (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.
        (10)  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 LORD COPE OF BERKELEY
THE BARONESS WILLIAMS OF CROSBY
THE LORD CLINTON-DAVIS
THE LORD BISHOP OF OXFORD
 
31     Page 17, line 31, leave out paragraph (a) 
32     Page 17, line 35, leave out paragraph (c) 
33     Page 17, line 40, leave out ("claims, or indicates that he intends to seek, asylum in the United Kingdom or") 
  
BY THE LORD COPE OF BERKELEY
THE LORD DHOLAKIA
THE LORD BISHOP OF OXFORD
THE VISCOUNT BRENTFORD
 
34*     Page 18, line 8, at end insert--
        ("(  )  No penalty may be imposed under this section where the alleged clandestine entrant claims that his removal from the United Kingdom would be in breach of the United Kingdom's obligations under--
      (a)  the Refugee Convention; or
      (b)  the Human Rights Act,
    or both, and is granted protection in the United Kingdom as a result.")
 
  
Clause 27
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
35*     Leave out Clause 27 
  
Clause 28
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
36*     Page 19, line 13, leave out ("an effective") and insert ("a") 
37*     Page 19, line 17, leave out subsection (4) 
  
Clause 31
 
  
BY THE LORD BASSAM OF BRIGHTON
 
38     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 32
 
  
BY THE LORD BASSAM OF BRIGHTON
 
39     Page 22, leave out lines 10 to 20 and insert ("for paragraphs (a) and (b) substitute--
      (a)  until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or
      (b)  if criminal proceedings have been instituted against the arrested person--
 
  
            (i)  until he is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;
            (ii)  if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle,
    and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint."  ")
1995 c. 43.
  
Clause 34
 
  
BY THE LORD BASSAM OF BRIGHTON
 
40     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;")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD DHOLAKIA
THE LORD BISHOP OF OXFORD
THE LORD CLINTON-DAVIS
 
41*     Page 24, line 16, at end insert--
        ("(  )  No charge may be imposed under this section in respect of any person who claims that his removal from the United Kingdom would be in breach of the United Kingdom's obligations under--
      (a)  the Refugee Convention; or
      (b)  the Human Rights Act;
    or both, and is granted protection in the United Kingdom as a result.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
42     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.
        (8B)  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 country or for the checking of passports and visas there.")
 
  
Clause 36
 
  
BY THE LORD BASSAM OF BRIGHTON
 
43     Page 25, line 28, after ("expenses;") insert--
      ("(  )  there is no significant risk that the charge and any connected expenses will not be paid;")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD DHOLAKIA
 
44*     Page 25, line 35, at end insert--
        ("(  )  The Secretary of State shall be liable to compensate any person whose vehicle is detained or sold for losses incurred, if the detention is subsequently found to be ill-founded.")
 
45*     Page 25, line 36, leave out subsections (5) and (6) 
  
Clause 38
 
  
BY THE LORD BASSAM OF BRIGHTON
 
46     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") 
47*     Page 28, line 29, at end insert--
        ("(  )  The Secretary of State may by regulations make provision modifying the application of this section in relation to cases where the proceedings on a reference under this section are adjourned to enable medical or other reports to be obtained or for any other reason.
        (  )  The regulations may, in particular, provide for the requirement for there to be a second reference not to apply in prescribed circumstances.")
 
  
Clause 40
 
  
BY THE LORD BASSAM OF BRIGHTON
 
48     Page 29, line 6, leave out ("or (3)") and insert (", (3) or (3A)") 
  
BY THE EARL OF SANDWICH
THE VISCOUNT BRENTFORD
THE LORD PHILLIPS OF SUDBURY
THE LORD LESTER OF HERNE HILL
 
49     Page 29, leave out lines 24 to 38 
  
BY THE LORD BASSAM OF BRIGHTON
 
50     Page 29, line 31, leave out from ("and") to end of line 38 and insert ("there is no relevant decision which the officer is in a position to take; or") 
51     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
 
52     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
 
53     Page 29, line 45, at end insert--
        ("(  )  Each of the following is a relevant decision--
      (a)  a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act;
      (b)  a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom;
      (c)  a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(7) of that Schedule.")
 
54     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 44
 
  
BY THE LORD BASSAM OF BRIGHTON
 
55     Page 33, line 18, leave out ("41") and insert (" 40") 
  
Clause 45
 
  
BY THE EARL OF SANDWICH
THE LORD COPE OF BERKELEY
THE LORD DHOLAKIA
THE LORD AVEBURY
 
56     Page 34, line 16, at end insert ("and also to notify those persons in writing, making specific reference to the person who is the subject of the hearing, of the reasons for detaining that person, including reference to any information on--
            (i)  the age the person claims to be;
            (ii)  any history of torture given by the person;
            (iii)  any physical or mental illness from which the person is suffering;
            (iv)  any explanation, with express reference to the factors detailed in paragraphs (i) to (iii) above, where applicable, of why detention is being maintained,
    as soon as is reasonably practicable after detention or after the information has been given, whichever is the sooner.")
 
  
Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
57     Leave out Clause 47 
  
After Clause 47
 
  
BY THE LORD BASSAM OF BRIGHTON
 
58     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.
  
Clause 49
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
59*     Page 36, line 7, at end insert--
        ("(3)  The Secretary of State shall ensure that advice and assistance under subsection (1) is provided in Northern Ireland.")
 
  
After Clause 49
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE BARONESS WILLIAMS OF CROSBY
THE LORD LESTER OF HERNE HILL
 
60*     Insert the following new Clause-- 
 
        ("  .  The Lord Chancellor shall, by order, extend the provision of legal aid, to cover bail hearings under the Immigration Acts.")
Legal aid.
 
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Prepared 15 October 1999