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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 Amendments to the Immigration and Asylum Bill to be moved on Third Reading in the House of Lords.

  
After Clause 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     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 person'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--
    (a)  named by or under, or
    (b)  of a description specified in,
a designated instrument.
 
    (5)  The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it--
    (a)  requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or
    (b)  recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).
    (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 a statutory instrument shall be laid before Parliament without delay."")
 
  
Clause 8
 
  
BY THE LORD PHILLIPS OF SUDBURY
 
     Page 5, leave out lines 22 and 23 and insert ("not less than three years after the coming into force of this Act.") 
     Page 5, leave out line 25 and insert ("on which the Human Rights Act 1998 comes into force.") 
  
Clause 9
 
  
BY THE LORD PHILLIPS OF SUDBURY
 
     Page 5, line 44, at end insert ("or could have made such an application but failed to do so and the Secretary of State considers that the person concerned had a reasonable excuse for that failure.
 
    (2A)  A person to whom subsection (2) applies may appeal to an adjudicator against a decision of the Secretary of State that he did not have a reasonable excuse for failing to apply during the regularisation period.")
 
  
Clause 10
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD GOODHART
THE LORD PHILLIPS OF SUDBURY
 
     Page 6, line 31, at end insert--
 
    ("(  )  Subsection (1) above shall not apply when the member State limits in any way the definition of a refugee in Article 1(A) of the Refugee Convention.")
 
  
Clause 18
 
  
BY THE EARL OF SANDWICH
 
     Page 12, line 13, after ("means") insert ("for the purposes of subsection 1(d), the provision of support for asylum-seekers and their dependants under Part VI and for the purposes of subsections (a) to (d) and (f) above") 
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 16, line 8, at end insert ("there") 
  
Clause 31
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
     Page 20, line 13, at end insert--
 
    ("(  )  It is also a defence for the carrier to show that the clandestine entrant was subsequently admitted to the United Kingdom and granted protection under the Refugee Convention or the Human Rights Act 1998.")
 
  
Clause 41
 
  
BY THE LORD AVEBURY
 
     Page 30, line 12, after ("of") insert ("subsection (8) of") 
     Page 30, line 15, leave out subsection (15) 
  
Clause 48
 
  
BY THE EARL OF SANDWICH
 
     Page 36, 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; and
    (iv)  any explanation, with express reference to the factors detailed in (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 60
 
  
BY THE LORD AVEBURY
 
     Page 41, line 39, after ("3(5)") insert ("or (6)") 
  
Clause 93
 
  
BY THE LORD BISHOP OF SOUTHWARK
 
     Page 64, line 24, leave out subsection (12) 
  
After Clause 94
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
     Insert the following new Clause-- 
     ("  .--(1)  Subject to subsections (2) and (3), the Secretary of State shall make provision for an award of a mandatory grant to an asylum-seeker in respect of the living needs of the asylum-seeker and his dependants (if any).
 
    (2)  Such an award shall be made six months after the asylum-seeker has qualified for support under sections 93 and 94 or six months after the date at which the asylum-seeker has made a claim for asylum and at six monthly intervals thereafter.
 
    (3)  The award--
    (a)  shall be additional to any payments made under sections 93 and 94;
    (b)  shall be payable in cash or in a form that is exchangeable for cash; and
    (c)  may be payable to a person nominated by the asylum-seeker.")
Awarding of mandatory grants.
  
Clause 107
 
  
BY THE LORD BRIGHTMAN
 
     Page 73, line 5, after ("neglects") insert (", without reasonable excuse,") 
  
After Clause 139
 
  
BY THE LORD HYLTON
THE EARL OF SANDWICH
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall publish guidance as to the maximum period for which a person detained in accordance with Schedule 2 or Schedule 3 to the 1971 Act may be held in a place of detention as specified in paragraph 18 of Schedule 2 to the 1971 Act.
 
    (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.
  
BY THE LORD AVEBURY
THE BARONESS WILLIAMS OF CROSBY
THE EARL OF SANDWICH
 
     Insert the following new Clause-- 
 ("Period of Detention 
     .  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 72 hours in such places as the Secretary of State may direct, and after that in a detention centre as defined in section 146 of the Immigration and Asylum Act 1999."")
Period of detention.
  
BY THE LORD AVEBURY
THE BARONESS WILLIAMS OF CROSBY
 
     Insert the following new Clause-- 
     ("  .  In paragraph 18(1) of Schedule 2 to the 1971 Act, in line 1, for "16" there is substituted "16(2)".")Period of detention: (No. 2).
  
Clause 169
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 117, line 15, at end insert--
    ("(  )  section 98(4) and (5);")
 
  
Schedule 8
 
  
BY THE LORD BISHOP OF SOUTHWARK
 
     Leave out Schedule 8 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 155, line 42, leave out from ("2") to ("sub-paragraph") in line 45 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) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
        (2B)  The regulations may, among other things, provide for the inclusion of provisions--
      (a)  prohibiting residence in one or more particular areas;
      (b)  requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.
        (2C)  The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.
        (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)  But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
    (3)  In sub-paragraph (3), after "2" insert "or 2A".
 
    (4)  In")
 
 
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Prepared 29 October 1999