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

back to previous amendments
 
  
Clause 60
 
  
BY THE LORD AVEBURY
 
30     Page 41, line 39, after ("3(5)") insert ("or (6)") 
  
Clause 70
 
  
BY THE LORD BASSAM OF BRIGHTON
 
31     Page 46, line 43, leave out ("could reasonably") 
32     Page 46, line 44, at beginning insert ("could reasonably") 
33     Page 47, line 1, at beginning insert ("could reasonably") 
  
Clause 72
 
  
BY THE LORD BASSAM OF BRIGHTON
 
34     Page 49, line 12, leave out (", 74 or ("one-stop" appeals: other cases)") and insert ("or 74") 
  
Clause 74
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
35     Page 50, leave out lines 17 to 20 
36     Page 50, line 17, at end insert ("any ground of appeal") 
37     Page 50, line 24, leave out subsection (4) 
  
After Clause 91
 
  
BY THE EARL RUSSELL
THE LORD DHOLAKIA
 
38     Insert the following new Clause-- 
  
        ("  .  The Verification Project under section 19 of the Social Security Administration (Fraud) Act 1997 shall not be applied to the partners of asylum-seekers.")
Requirement to state national insurance number: partners of asylum-seekers.
  
Clause 93
 
  
BY THE LORD BASSAM OF BRIGHTON
 
39     Page 64, line 23, at end insert--
        ("(  )  Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.")
 
  
BY THE LORD BISHOP OF SOUTHWARK
 
40     Page 64, line 24, leave out subsection (12) 
  
After Clause 94
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
41     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.")
Award of
mandatory grants.
  
Clause 96
 
  
BY THE LORD BASSAM OF BRIGHTON
 
42     Leave out Clause 96 
  
Clause 107
 
  
BY THE LORD BRIGHTMAN
 
43     Page 73, line 5, after ("neglects") insert (", without reasonable excuse,") 
  
Clause 114
 
  
BY THE LORD SWINFEN
 
44     Page 76, line 32, at end insert--
        ("(  )  Paragraphs (a), (b), (d) and (g) of subsection (1) above do not apply to a person seeking asylum in the United Kingdom or a spouse or dependant of such a person.")
 
  
Clause 115
 
  
BY THE LORD BASSAM OF BRIGHTON
 
45     Page 77, line 40, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
46     Page 77, line 42, after ("(7)") insert ("of that section and in that paragraph") 
  
Clause 116
 
  
BY THE LORD BASSAM OF BRIGHTON
 
47     Page 78, line 6, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4B)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."")
 
48     Page 78, line 12, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (2B)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local social services authority."")
 
  
Clause 119
 
  
BY THE LORD BASSAM OF BRIGHTON
 
49     Page 79, line 41, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
50     Page 79, line 43, after ("(7)") insert ("of that section and in that paragraph") 
51     Page 80, line 5, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (5)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."")
 
52     Page 80, line 10, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority."")
 
53     Page 80, line 16, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (4)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
 
54     Page 80, line 21, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (5)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
 
  
Clause 120
 
  
BY THE LORD BASSAM OF BRIGHTON
 
55     Page 80, line 29, at end insert ("solely--
      (a)  because he is destitute; or
      (b)  because of the physical effects, or anticipated physical effects, of his being destitute.
        (3A)  Subsections (3) and (5) to (8) of section 93 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department."")
 
56     Page 80, line 39, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,") 
57     Page 80, line 41, after ("(7)") insert ("of that section and in paragraph 2 of that Schedule") 
  
After Clause 126
 
  
BY THE LORD DHOLAKIA
 
58     Insert the following new Clause-- 
 ("PART VIA 
 COMPLAINTS 
     ("  .--(1)  The Police Complaints Authority (the Authority) established under Schedule 5 to the Police Act 1996 shall investigate complaints against immigration officers exercising their powers under the Immigration Acts.
 
    (2)  The provisions of Schedule 5 to the Police Act 1996 as amended by this Act shall apply to the Authority in the exercise of its duties under this section.
 
    (3)  At least two members of the Authority with experience of immigration and asylum matters shall sit as members of the Authority when it is investigating any complaints under this section.
 
    (4)  The Authority shall recommend disciplinary or criminal action against immigration officers against whom complaints are upheld, where appropriate.
 
    (5)  The Authority shall publish an annual report on its activities under this section.
 
    (6)  The Secretary of State shall by regulation make provision in relation to the duties of the Authority under subsection (1).
 
    (7)  When exercising his duty under subsection (6), the Secretary of State must consult persons and organisations with experience of immigration and asylum matters as to the desirability of making provision similar to that which is made for the investigation of complaints by the Authority under Part IV of the Police Act 1996 and to such modifications of that provision as may be required.")
The Police Complaints Authority: complaints against immigration officers.
  
After Clause 139
 
  
BY THE LORD HYLTON
THE EARL OF SANDWICH
 
59     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
 
60     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
 
61     Insert the following new Clause-- 
     ("  .  In paragraph 18(1) of Schedule 2 to the 1971 Act, for "16", in the first place it occurs, there is substituted "16(2)".")Place of detention.
  
Clause 165
 
  
BY THE LORD BASSAM OF BRIGHTON
 
62     Page 115, line 13, at end insert--
    ("(  )  section (Defences based on Article 31 of the Refugee Convention: No. 2)(10),")
 
63     Page 115, line 14, leave out paragraph (c) 
64*     Page 115, line 32, leave out ("169(2), (4)") and insert ("169(4)") 
  
Clause 169
 
  
BY THE LORD BASSAM OF BRIGHTON
 
65     Page 117, line 6, leave out subsection (2) and insert--
 
    ("(  )  Subsections (1) and (2) of section 114 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.")
 
66     Page 117, line 12, at end insert--
    ("(  )  section (Defences based on Article 31 of the Refugee Convention: No. 2);")
 
67     Page 117, line 13, leave out paragraph (e) 
68     Page 117, line 15, leave out ("93(13)") and insert (" 93(12)") 
69     Page 117, line 15, at end insert--
    ("(  )  section 98(4) and (5);")
 
70     Page 117, line 28, leave out ("paragraph") and insert ("paragraphs 1A and") 
  
Schedule 4
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
71     Page 126, line 33, at end insert--
 
    ("(4A)  This sub-paragraph applies where the appeal is one to which section 71 or section 72 applies and the adjudicator considers that the appellant is a person to whom a published concession applies.
 
    (4B)  Where sub-paragraph (4A) applies, nothing in sub-paragraph (4) shall prevent an adjudicator allowing an appeal under sub-paragraph (1)(b).
 
    (4C)  Where sub-paragraph (4A) applies, the adjudicator may allow the appeal under sub-paragraph (1)(b) notwithstanding that the ground upon which the appeal is allowed did not require to be considered at the time of the decision or action against which the appeal is brought.")
 
 
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Prepared 2 November 1999