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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 Third Reading in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 4
 
  
BY THE LORD AVEBURY
 
1     Page 3, line 39, after ("the") insert ("voluntary") 
2     Leave out Clause 4 
  
Clause 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
3     Page 4, line 16, leave out from ("which") to ("has") in line 17 
  
After Clause 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
4     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
 
5     Page 5, leave out lines 22 and 23 and insert ("not less than three years after the coming into force of this Act.") 
6     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
 
7     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
 
8     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.")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
9     Page 6, line 32, leave out from ("section") to ("prevents") in line 33 and insert (" 13") 
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
10     Page 7, line 12, leave out from ("section") to ("prevents") in line 13 and insert (" 13") 
11     Page 7, line 28, leave out from ("section") to ("prevents") in line 29 and insert (" 13") 
  
After Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
12     Insert the following new Clause-- 






        6
 
        ("  .--(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.
  
BY THE LORD AVEBURY
[As an amendment to Amendment 12]
 
13*     Line 6, at end insert--
        ("(  )  If the person to whom directions are given objects to the directions, the Secretary of State may, with the agreement of that person, appoint an arbitrator who shall review the directions and make recommendations and the directions shall be amended to give effect to these recommendations.")
 
  
Clause 13
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
14     Page 8, line 29, leave out ("during that period") and insert ("at the same time as, or after, notice of the decision on the claim is given to him") 
15     Page 8, line 30, leave out ("during that period") and insert ("at the same time as, or after, notice of the decision on the claim is given to him") 
  
Clause 18
 
  
BY THE EARL OF SANDWICH
 
16     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 (1)(a) to (d) and (f)") 
  
After Clause 19
 
  
BY THE LORD HYLTON
 
17     Insert the following new Clause-- 
  
        ("  .--(1)  The Secretary of State has a duty to ensure that information is provided to asylum-seekers detained under the Immigration Acts and whose cases have yet to be determined on the probable length of their detention.
        (2)  The information in subsection (1) above may be given orally or otherwise, but shall not form the basis for any subsequent legal or other proceedings.")
Supply of information by Secretary of State to asylum-seekers.
  
Clause 22
 
  
BY THE LORD BASSAM OF BRIGHTON
 
18     Page 15, line 40, leave out from ("the") to end of line 42 and insert ("Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;") 
19     Page 15, line 43, at end insert ("after consulting the Registrar General in Northern Ireland") 
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
20     Page 16, line 8, at end insert ("there") 
  
After Clause 28
 
  
BY THE LORD BASSAM OF BRIGHTON
 
21     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)  In England and Wales and Northern Ireland, 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:
No. 2.
  
      (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, the offences to which this section applies are those--
      (a)  of fraud,
      (b)  of uttering a forged document,
      (c)  under section 24A of the 1971 Act (deception), or
      (d)  under section 26(1)(d) of the 1971 Act (falsification of documents),
    and any attempt to commit any of those offences.
        (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 or Northern Ireland 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--
      (a)  subsection (3), or
      (b)  subsection (4),
 
        60 
        by adding offences to, or removing offences from, those for the time being listed there.
 
  
        (11)  Before making an order under subsection (10)(b), the Secretary of State must consult the Scottish ministers.")
1981 c. 45.
  
BY THE LORD COPE OF BERKELEY
THE LORD GOODHART
THE VISCOUNT ASTOR
[As an amendment to Amendment 21]
 
22     Line 60, leave out (", or removing offences from,") 
  
Clause 30
 
  
BY THE LORD BASSAM OF BRIGHTON
 
23     Page 20, line 1, after ("must") insert ("--
      (a)  consult such persons as he considers appropriate; and
      (b)")  
 
24     Page 20, line 2, at end insert--
        ("(  )  The requirement of subsection (2)(a) may be satisfied by consultation before the passing of this Act.")
 
  
Clause 31
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
25     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
 
26     Page 30, line 12, after ("of") insert ("subsection (8) of") 
27     Page 30, line 15, leave out subsection (15) 
  
Clause 48
 
  
BY THE EARL OF SANDWICH
 
28     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 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 50
 
  
BY THE LORD BASSAM OF BRIGHTON
 
29     Page 37, line 43, at end insert--
        ("(  )  In so far as regulations under this section relate to the sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.")
 
 
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