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Lord Falconer of Thoroton moved Amendments Nos. 212 to 217B:


Page 138, line 36, at end insert--
(". In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert--
"(1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending--
(a) completion of his examination under that paragraph; and
(b) a decision on whether to cancel his leave to enter." ").
Page 138, line 40, at end insert--
(". In Schedule 2, in paragraph 21 (temporary admission of persons liable to detention)--
(a) in sub-paragraph (3), after "2" insert "or 2A"; and
(b) in sub-paragraph (4)(a), omit "under paragraph 2 above".").

28 Jul 1999 : Column 1665


Page 138, line 40, at end insert--
(". In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after "examination;" insert--
"(aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;".").
Page 138, line 40, at end insert--
(".--(1) In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows.
(2) In sub-paragraph (1), omit "and have not been given leave".
(3) After sub-paragraph (1) insert--
"(1A) Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe."
(4) After sub-paragraph (3) insert--
"(3A) The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament." ").
Page 138, line 43, at end insert--
(". In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after "examination" insert ", detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter".").
Page 140, line 27, leave out from beginning to end of line 28 and insert--
(" . Omit section 9 (charges).").
Page 143, line 20, after ("under") insert ("any provision (other than section 49(2)) of").
Page 143, line 29, at end insert--
(" . After section 2 insert--
"Jurisdiction: human rights.
2A.--(1) A person who alleges that an authority has, in taking an appealable decision, acted in breach of his human rights may appeal to the Commission against that decision.
(2) For the purposes of this section, an authority acts in breach of a person's human rights if he acts, or fails to act, in relation to that other person in a way which is made unlawful by section 6(1) of the Human Rights Act 1998.
(3) Subsections (4) and (5) apply if, in any appellate proceedings being heard by the Commission, a question arises as to whether an authority has, in taking a decision which is the subject of the proceedings, acted in breach of the appellant's human rights.
(4) The Commission has jurisdiction to consider the question.

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(5) If the Commission decides that the authority concerned acted in breach of the appellant's human rights, the appeal may be allowed on that ground.
(6) "Authority" means--
(a) the Secretary of State;
(b) an immigration officer;
(c) a person responsible for the grant or refusal of entry clearance.
(7) "Appealable decision" means a decision against which a person would be entitled to appeal under Part IV of the 1999 Act or the 1994 Order but for a public interest provision.
(8) "The 1999 Act", "the 1994 Order" and "public interest provision" have the same meaning as in section 2." ").

On Question, amendments agreed to.

Schedule 13, as amended, agreed to.

Schedule 14 agreed to.

Schedule 15 [Repeals]:

Lord Falconer of Thoroton moved Amendments Nos. 217C to 220:


Page 147, line 22, column 3, at beginning insert--
("In section 10(1), from "and any such Order" to the end.").

Page 147, line 26, column 3, after ("2,") insert ("in paragraph 21(4)(a) "under paragraph 2 above",").
Page 147, line 26, column 3, after ("2,") insert ("in paragraph 26(1) "and have not been given leave" and").
Page 147, line 35, column 3, leave out from beginning to end of line 36 and insert ("Section 9.").

On Question, amendments agreed to.

[Amendment No. 221 not moved.]

Schedule 15, as amended, agreed to.

Lord Burlison: I beg to move that the House do now resume.

Moved accordingly, and, on Question, Motion agreed to.

House resumed: Bill reported with amendments.

        House adjourned at sixteen minutes before midnight.


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