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Lord Williams of Mostyn moved Amendments Nos. 127 to 144:


Page 132, line 18, leave out (“destitute") and insert (“an eligible person").
Page 132, line 19, at end insert--
(“( ) The regulations may make provisions for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.").
Page 132, line 19, at end insert--
(“( ) “The local authority concerned" has such meaning as may be prescribed.").
Page 132, line 20, leave out (“and (5)").
Page 132, line 24, leave out (“a destitute") and insert (“an eligible").
Page 132, line 27, at end insert (“; or
( ) must or may be suspended or discontinued.").

20 Oct 1999 : Column 1211


Page 132, line 30, at end insert--
(“ . The regulations may include provision--
(a) as to the level of support that is to be provided;
(b) for support to be provided subject to conditions;
(c) requiring any such conditions to be set out in writing;
(d) requiring a copy of any such conditions to be given to such person as may be prescribed.").
Page 132, line 30, at end insert--
(“ . The regulations may make provision that, in providing support, a local authority--
(a) are to have regard to such matters as may be prescribed;
(b) are not to have regard to such matters as may be prescribed.").
Page 132, line 30, at end insert--
(“. The regulations may include provision--
(a) prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum seekers while providing support for them;
(b) prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum seekers while providing support for them;
(c) as to the circumstances (if any) in which any such provision is not to apply.").
Page 132, line 31, leave out paragraph 6 and insert--
(“6.--(1) The regulations may make provision for the determination by the Secretary of State--
(a) for local authorities generally,
(b) for prescribed descriptions of local authority, or
(c) for particular local authorities,
of the maximum number of asylum-seekers, or the maximum number of eligible persons, for whom the authorities or authority are required under the regulations to provide support.
(2) The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but--
(a) they are providing support for a number of asylum-seekers equal to, or greater than, the prescribed maximum number of asylum-seekers applicable to them; or
(b) they are providing support for a number of eligible persons equal to, or greater than, the prescribed maximum number of eligible persons applicable to them.
(3) The regulations may provide that a referral may not be made--
(a) to a prescribed local authority;
(b) to local authorities of a prescribed description; or
(c) in prescribed circumstances.
(4) The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them.
(5) The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them.
(6) In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.").
Page 132, line 38, leave out (“a claim") and insert (“claims").

20 Oct 1999 : Column 1212


Page 132, line 39, leave out from second (“to") to end of line 40 and insert (“prescribed local authorities or local authorities of a prescribed description.").
Page 132, line 41, leave out sub-paragraph (2).
Page 133, line 6, leave out (“a person") and insert (“an asylum-seeker or a dependant of an asylum-seeker").
Page 133, line 7, after (“receiving,") insert (“any prescribed description of").
Page 133, line 7, leave out (“under any other prescribed enactment").
Page 133, line 10, leave out (“claim").
Page 133, line 11, leave out (“claim support under any other prescribed enactment") and insert (“any prescribed description of support, except to such extent (if any) as may be prescribed").

On Question, amendments agreed to.

[Amendment No. 145 had been withdrawn from the Marshalled List.]

Lord Williams of Mostyn moved Amendment No. 145A:


Page 133, line 13, leave out paragraphs 12 and 13 and insert--
(“ . “The interim period" means the period--
(a) beginning on such day as may be prescribed for the purposes of this paragraph; and
(b) ending on such day as may be so prescribed.").

On Question, amendment agreed to.

Clause 91 [Ways in which support may be provided]:

Lord Williams of Mostyn moved Amendment No. 146:


Page 61, line 32, at end insert--
(“( ) to enable dependants of the asylum seeker to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or
( ) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.").

On Question, amendment agreed to.

[Amendments Nos. 147 to 151 not moved.]

Clause 92 [Supplemental]:

[Amendments Nos. 152 to 154 not moved.]

Lord Williams of Mostyn moved Amendment No. 155:


Page 62, line 18, leave out from (“order") to end of line 19 and insert (“repeal all or any of the following--
(a) subsection (1)(a);
(b) subsection (1)(b);
(c) subsection (2)(a).").

On Question, amendment agreed to.

[Amendment No. 156 not moved.]

Clause 93 [Secretary of State's scheme]:

The Earl of Sandwich moved Amendment No. 157:


Page 63, line 14, at end insert--
(“( ) For the purposes of subsection (3) above, the work of charities, churches, faith groups or religious organisations shall not be regarded as support and assets which are or might reasonably be expected to be available to the person concerned or his dependants.").

The noble Earl said: My Lords, I wish to return to Amendment No. 157. I am sorry to delay your Lordships longer because I know that we want to get

20 Oct 1999 : Column 1213

through much other business. However, it was the noble Earl, Lord Russell, who said that there is much feeling on this issue in the House. I suspect that there is much feeling among Members who are not in the Chamber at present. We have had a full debate and I cannot prolong it except to say to the noble and learned Lord that I understand his point about the Home Office funded organisations but I think that we are talking from opposite ends of the spectrum. I know that he is a reasonable man. I believe that he felt this was a reasonable amendment, as I still believe. It is on that basis that I wish to test the opinion of the House this evening. I beg to move.

10.7 p.m.

On Question, Whether the said amendment (No. 157) shall be agreed to?

Their Lordships divided: Contents, 46; Not-Contents, 83.

Division No. 4

CONTENTS

Alton of Liverpool, L.
Astor, V.
Attlee, E.
Avebury, L.
Bath and Wells, Bp.
Brentford, V.
Bridgeman, V. [Teller]
Carlisle, E.
Chesham, L.
Cope of Berkeley, L.
Courtown, E.
Craigavon, V.
Craigmyle, L.
Dholakia, L.
Eccles, V.
Eccles of Moulton, B.
Ferrers, E.
Fookes, B.
Glanusk, L.
Glenarthur, L.
Glentoran, L.
Gray, L.
HolmPatrick, L.
Hylton, L.
Iveagh, E.
Jopling, L.
Kintore, E.
Lichfield, Bp.
Lyell, L.
McNair, L.
Masham of Ilton, B.
Montgomery of Alamein, V.
Montrose, D.
Northbourne, L.
Northesk, E.
Norton, L.
Norton of Louth, L.
Patel, L.
Phillips of Sudbury, L.
Rowallan, L.
Russell, E.
Sandwich, E. [Teller]
Southwark, Bp.
Swinfen, L.
Tebbit, L.
Williams of Crosby, B.

NOT-CONTENTS

Acton, L.
Ahmed, L.
Alli, L.
Archer of Sandwell, L.
Ashton of Upholland, B.
Bach, L.
Bassam of Brighton, L.
Berkeley, L.
Blackstone, B.
Bragg, L.
Brett, L.
Brooke of Alverthorpe, L.
Brookman, L.
Burlison, L.
Carter, L. [Teller]
Chandos, V.
Christopher, L.
Clinton-Davis, L.
Crawley, B.
David, B.
Davies of Coity, L.
Davies of Oldham, L.
Desai, L.
Dixon, L.
Dormand of Easington, L.
Dubs, L.
Elder, L.
Evans of Parkside, L.
Evans of Watford, L.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Filkin, L.
Gale, B.
Gilbert, L.
Gladwin of Clee, L.
Goldsmith, L.
Gordon of Strathblane, L.
Goudie, B.
Gould of Potternewton, B.
Grenfell, L.
Hacking, L.
Hardy of Wath, L.
Harris of Haringey, L.
Hayman, B.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Kings Heath, L.
Jay of Paddington, B. (Lord Privy Seal)
Judd, L.
King of West Bromwich, L.
Lea of Crondall, L.
Lipsey, L.
Lockwood, B.
Lofthouse of Pontefract, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L. [Teller]
McIntosh of Hudnall, B.
Mackenzie of Framwellgate, L.
Mallalieu, B.
Milner of Leeds, L.
Monkswell, L.
Nicol, B.
Pitkeathley, B.
Ramsay of Cartvale, B.
Rendell of Babergh, B.
Sainsbury of Turville, L.
Scotland of Asthal, B.
Simon, V.
Strabolgi, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Thornton, B.
Warner, L.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
Whitty, L.
Wilkins, B.
Williams of Mostyn, L.
Winston, L.
Woolmer of Leeds, L.
Young of Old Scone, B.

Resolved in the negative, and amendment disagreed to accordingly.

20 Oct 1999 : Column 1214

10.17 p.m.

[Amendment No. 158 not moved.]

Clause 95 [Provision of support by local authorities]:


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