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

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Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
280     Page 143, line 13, leave out from beginning to ("(provisions") and insert--
 
    ("  . The Prison Act 1952 is amended as follows.
 
    . In section 37(4) (certain uses of prisons not to amount to closure), after "secure training centre" insert "or for the detention persons detained or required to be detained under the Immigration Act 1971".
 
    .  In section 55")
 
281     Page 143, line 16, at end insert-- 
 ("The Firearms Act 1968 (c. 27) 
     . The Firearms Act 1968 is amended as follows.
 
    . In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert--
        5C. An offence under paragraph 4 of Schedule 10 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."
    . In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert--
 
 
        13B. An offence under paragraph 4 of Schedule 10 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."  ")
1994 c. 33.
282     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".")
 
283     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")
 
284*     Page 144, line 27, at end insert--
 
    ("  .--(1)  Section 32 (proof of documents) is amended as follows.
 
    (2)  In subsection (2)--
    (a)  for "this Act" substitute "the Immigration Acts"; and
    (b)  after second "by him" insert "or on his behalf".
    (3)  In subsection (3), for "proceedings under Part II of this Act" substitute "other proceedings under the Immigration Acts".
 
    (4)  In subsection (4)--
    (a)  for first "this Act" substitute "the Immigration Acts"; and
    (b)  for "proceedings under Part II of this Act" substitute "other proceedings under the Immigration Acts".
    (5)  After subsection (4) insert--
        (5)  Immigration Acts" has the same meaning as in the Immigration and Asylum Act 1999."
    (6)  The amendments made by sub-paragraphs (2)(a) and (5) apply whenever the document in question was made or issued.")
 
285     Page 144, line 30, after ("determined") insert ("-- 
 
    (  )  in relation to an appeal to the Special Immigration Appeals Commission, in accordance with section 7A of the Special Immigration Appeals Commission Act 1997;
    (  )  in any other case,")
1997 c. 68.
286     Page 145, line 2, at end insert ("; or
    (c)  whether there are medical grounds on which that leave should be cancelled.")
 
287     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.")
 
288     Page 145, line 18, after ("Act") insert ("and Part IV of the Immigration and Asylum Act 1999") 
289     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")
 
290     Page 146, line 28, after ("53,") insert (" 59,") 
291     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."")
 
292     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
 
293     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-- 
 Discrimination in immigration and asylum cases.     (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.
 
 Exercise of immigration functions.     (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
 
294     Page 146, line 44, leave out ("for an asylum-seeker") 
295     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)."  ")
 
296     Page 147, line 15, leave out from ("in") to ("to") in line 16 and insert ("order") 
297     Page 148, line 2, leave out from ("in") to ("to") in line 3 and insert ("order") 
298     Page 148, line 11, leave out from ("in") to ("to") in line 12 and insert ("order") 
299     Page 148, line 27, leave out ("section 90") and insert ("Part VI") 
300     Page 148, line 35, leave out ("section 90") and insert ("Part VI") 
301     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)"")
 
302     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)"") 
303     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)".")
 
304*     Page 150, line 21, at end insert--
 
    ("90A.--(1)  Omit section 6 (protection of asylum claimants from deportation etc.).
 
    (2)  This paragraph is to be treated as having come into force on 26th July 1993.")
 
305     Page 150, line 28, leave out (", under paragraph 23 of Schedule 4 to that Act") 
306     Page 152, line 3, at end insert--
 
    ("  . After section 7, insert--
 
 Pending appeals.     7A.--(1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
 
    (2)  An appeal is not to be treated as finally determined while a further appeal may be brought.
 
    (3)  If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
 
    (4)  A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.
 
    (5)  A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
 
    (6)  But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 64(4) of the Immigration and Asylum Act 1999.
 
    (7)  A pending appeal brought under section 2(1) as a result of section 56(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant."")
 
307*     Page 153, line 12, at end insert-- 
 ("Appeals under section 2A 
 
        3G.--(1)  A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 2A is pending against the decision on which that requirement or removal would otherwise be based.
        (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."")
 
 
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Prepared 15 October 1999