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Lord Bassam of Brighton moved Amendment No. 289:


Page 146, line 8, leave out from (“2") to (“sub-paragraph") in line 11 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) above include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
(2B) Regulations made under sub-paragraph (2A) may provide that a particular prescribed description of provision may be imposed only for prescribed purposes.
(2C) The regulations may, among other things, provide for the inclusion of provisions--
(a) prohibiting residence in a particular description of accommodation;
(b) prohibiting residence in one or more particular areas;
(c) requiring the person concerned to reside in accommodation provided under section (Accommodation for those temporarily admitted or released from detention) of the Immigration and Asylum Act 1999 or in such other description of accommodation as may be prescribed by the regulations;
(d) prohibiting the person concerned from being absent from his accommodation except in accordance with the restrictions imposed on him.
(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) Any such statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament."
(3) In sub-paragraph (3), after “2" insert “or 2A".
(4) In").

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The noble Lord said: My Lords, we indicated earlier that we wished to leave this amendment to one side.

Viscount Astor: My Lords, perhaps I may explain why we are concerned about Amendment No. 289. We are concerned about the extremely wide powers which the amendment proposes which are prescribed by regulations. For example, it seems that someone may be obliged to live in particular accommodation provided by the Secretary of State and may be forbidden to leave it. We are concerned that that comes near to the definition of an open prison whereas in fact the person is in that accommodation because he has been released from detention.

I ask the Minister to consider this matter before Third Reading. Perhaps we may have sight of the draft regulations. However, I leave this matter for the Minister's consideration and perhaps he will write to us about it.

Baroness Williams of Crosby: My Lords, that was my understanding. I understand why the noble Viscount has moved this, but I thought that this was caught within the understanding between both sides of the House and that this was one of those matters that was subject to consideration by the Select Committee on Delegated Powers and Deregulation. I hope that we can leave this until those discussions take place before Third Reading.

Lord Bassam of Brighton: My Lords, the noble Viscount and the noble Baroness are quite right. As I indicated, we had not intended to move this amendment this evening. We shall endeavour to describe further how we see these regulations working. If I am pressed I shall be happy to write to the noble Viscount, Lord Astor, on the matter. No doubt all will be made clear as the Select Committee looks in detail at this amendment.

Amendment, by leave, withdrawn.

Lord Bassam of Brighton moved Amendments Nos. 290 to 292:


Page 146, line 28, after (“53,") insert (“ 59,").
Page 146, line 33, at end insert--
(“ . In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for “and 18" substitute “, 18 and 25A to 25E".").
Page 146, line 39, at end insert--
(“ . In Schedule 4 (integration of United Kingdom and Islands immigration law), for paragraph 3 (deportation) substitute--
“3.--(1) This Act has effect in relation to a person who is subject to an Islands deportation order as if the order were a deportation order made against him under this Act.
(2) Sub-paragraph (1) does not apply if the person concerned is--
(a) a British citizen;
(b) an EEA national;
(c) a member of the family of an EEA national; or
(d) a member of the family of a British citizen who is neither such a citizen nor an EEA national.
(3) The Secretary of State does not, as a result of sub-paragraph (1), have power to revoke an Islands deportation order.

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(4) In any particular case, the Secretary of State may direct that paragraph (b), (c) or (d) of sub-paragraph (2) is not to apply in relation to the Islands deportation order.
(5) Nothing in this paragraph makes it unlawful for a person in respect of whom an Islands deportation order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.
(6) “Islands deportation order" means an order made under the immigration laws of any of the Islands under which a person is, or has been, ordered to leave the island and forbidden to return.
(7) Subsections (9) and (10) to (12) of section 75 of the Immigration and Asylum Act 1999 apply for the purposes of this section as they apply for the purposes of that section."").
Page 146, line 39, at end insert--
(“The House of Commons Disqualification Act 1975 (c. 24)
. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)--
(a) omit--
“Adjudicator appointed for the purposes of the Immigration Act 1971"; and.
(b) at the appropriate places, insert--
“Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and
“Asylum Support Adjudicator".
The Northern Ireland Assembly Disqualification Act 1975 (c. 25)
. In Part III of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices)--
(a) omit--
“Adjudicator appointed for the purposes of the Immigration Act 1971"; and.
(b) at the appropriate places, insert--
“Adjudicator appointed for the purposes of the Immigration and Asylum Act 1999"; and
“Asylum Support Adjudicator".").

On Question, amendments agreed to.

[Amendment No. 293 not moved.]

Lord Bassam of Brighton moved Amendments Nos. 294 to 307:


Page 146, line 44, leave out (“for an asylum-seeker").
Page 146, line 45, at end insert--
(“The Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))
. In Schedule 1 to the Firearms (Northern Ireland) Order 1981 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 4 insert--
“4A. An offence under paragraph 4 to Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)." ").
Page 147, line 15, leave out from (“in") to (“to") in line 16 and insert (“order").
Page 148, line 2, leave out from (“in") to (“to") in line 3 and insert (“order").
Page 148, line 11, leave out from (“in") to (“to") in line 12 and insert (“order").
Page 148, line 27, leave out (“section 90") and insert (“Part VI").
Page 148, line 35, leave out (“section 90") and insert (“Part VI").
Page 149, line 30, at end insert--
(“( ) In Schedule 11 (judges etc barred from legal practice), in the entry relating to the Immigration Appeal Tribunal, omit “appointed under Schedule 5 to the Immigration Act 1971" and after that entry insert--

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“Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)"").
Page 150, line 14, leave out (““Immigration Adjudicator"") and insert (“Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)"").
Page 150, line 14, at end insert--
(“( ) In Schedule 5 (relevant offices in relation to the retirement provisions), for “Immigration Adjudicator" substitute insert “Adjudicator for the purposes of the Immigration and Asylum Act 1999 (other than Asylum Support Adjudicator)".").
Page 150, line 21, at end insert--
(“90A.--(1) Omit section 6 (protection of asylum claimants from deportation etc.).
(2) This paragraph is to be treated as having come into force on 26th July 1993.").
Page 150, line 28, leave out (“, under paragraph 23 of Schedule 4 to that Act").
Page 151, line 5, at end insert--
(“The Education Act 1996 (c. 56)
. In section 512(3) of the Education Act 1996 (requirement to provide school meals)--
(a) for the words from the beginning to “a", where it occurs for the second time, substitute--
“(3) Subsection (3A) applies in relation to a pupil--
(a) whose parents are in receipt of--
(i) income support;
(ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or
(iii) support provided under Part VI of the Immigration and Asylum Act 1999; or
(b) who is himself in receipt of income support or an income-based jobseeker's allowance.
(3A) A"; and.
(b) in paragraph (a), for “him" substitute “the pupil".").
Page 152, line 3, at end insert--
(“ . After section 7, insert--
“Pending appeals.
7A.--(1) For the purposes of this Act, an appeal to the Commission is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
(2) An appeal is not to be treated as finally determined while a further appeal may be brought.
(3) If a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
(4) A pending appeal to the Commission is to be treated as abandoned if the appellant leaves the United Kingdom.
(5) A pending appeal to the Commission is to be treated as abandoned if the appellant is granted leave to enter or remain in the United Kingdom.
(6) But subsection (5) does not apply to an appeal brought under section 2(1) as a result of section 64(4) of the Immigration and Asylum Act 1999.
(7) A pending appeal brought under section 2(1) as a result of section 56(3) of that Act is to be treated as abandoned if a deportation order is made against the appellant."").

20 Oct 1999 : Column 1282


Page 153, line 12, at end insert--
(“Appeals under section 2A
3G.--(1) A person is not to be required to leave, or be removed from, the United Kingdom if an appeal under section 2A is pending against the decision on which that requirement or removal would otherwise be based.
(2) That does not prevent--
(a) directions for his removal being given during that period;
(b) a deportation order being made against him during that period.
(3) But no such direction or order is to have effect during that period."").

On Question, amendments agreed to.

Schedule 14 [Transitional Provisions and Savings]:


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