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Lord Bassam of Brighton moved Amendment No. 79:


Page 155, line 42, leave out from ("2") to ("sub-paragraph") in line 45 and insert ("paragraph 21 (temporary admission of persons liable to detention) is amended as follows.

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(2) After sub-paragraph (2) insert--
"(2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by regulations made by the Secretary of State.
(2B) The regulations may, among other things, provide for the inclusion of provisions--
(a) prohibiting residence in one or more particular areas;
(b) requiring the person concerned to reside in accommodation provided under section 4 of the Immigration and Asylum Act 1999 and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him.
(2C) The regulations may provide that a particular description of provision may be imposed only for prescribed purposes.
(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) But no regulations under this paragraph are to be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House."
(3) In sub-paragraph (3), after "2" insert "or 2A".
(4) In").

The noble Lord said: My Lords, I beg to move.

[Amendments No. 80 to 83, as amendments to Amendment No. 79, not moved.]

On Question, Amendment No. 79 agreed to.

Lord Bassam of Brighton moved Amendment No. 84:


Page 157, line 28, at end insert--

("The Education (Scotland) Act 1980 (c. 44)


. Section 53 of the Education (Scotland) Act 1980 (requirement to provide school meals etc) is amended as follows--
(a) in subsection (3)--
(i) for the words from the beginning to "an", where it occurs for the second time, substitute--
"(3) Subsection (3AA) below 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.
(3AA) An"; and.
(ii) for "him", where it occurs for the first time, substitute "the pupil"; and
(b) in subsection (3A), for "Subsections (1), (2) and (3)" substitute "Subsections (1) to (3AA)".").

On Question, amendment agreed to.

[Amendment No. 85 not moved.]

2 Nov 1999 : Column 864

Schedule 14 [Transitional Provisions and Savings]:

Lord Bassam of Brighton moved Amendments Nos. 86 to 91:


Page 165, line 33, at end insert--
("Section 2 of the Asylum and Immigration Act 1996
1A.--(1) This paragraph applies in relation to any time before the commencement of the repeal by this Act of section 2 of the Asylum and Immigration Act 1996.
(2) That section has effect, and is to be deemed always to have had effect, as if the reference to section 6 of the Asylum and Immigration Appeals Act 1993 were a reference to section 13, and any certificate issued under that section is to be read accordingly.").
Page 166, line 30, at end insert--
("Duties under Health Services and Public Health Act 1968
. Section 116(1) has effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.").
Page 166, line 32, leave out ("Section 119(1) has") and insert ("Subsections (1) to (3) of section 119 have").
Page 166, line 33, at end insert--
("Duties under Health and Personal Social Services (Northern Ireland) Order 1972
. Subsections (1) and (2) of section 120 have effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.

Duties under National Health Service Act 1977

. Section 116(2) has effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.
Duties under Mental Health (Scotland) Act 1984

. Subsections (4) and (5) of section 119 have effect, in relation to any time before section 114 is brought into force, as if section 114 came into force on the passing of this Act.").
Page 167, line 31, leave out from ("whom") to ("applies") in line 32 and insert ("an amended provision").
Page 167, line 42, at end insert--
("( ) "Amended provision" means any provision amended by--
(a) section 115;
(b) section 116(1) or (2);
(c) section 119; or
(d) section 120.").

On Question, amendments agreed to.

11.18 p.m.

Lord Bassam of Brighton: My Lords, I beg to move that the Bill do now pass.

Moved, That the Bill do now pass.--(Lord Bassam of Brighton.)

Baroness Williams of Crosby: My Lords, I should like to say a few words of thanks to the many who have taken part in the debate on what has been a long, detailed, and sometimes difficult Bill. It would be less than gracious if I did not say in that context that Ministers, in particular the noble Lord, Lord Bassam, and the noble and learned Lord the Attorney-General, who is not at present in his place, and indeed the Home

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Secretary, have shown a great willingness to listen, a great deal of patience and a great deal of consideration in a situation where all of us know that we are facing an extremely difficult problem.

We have faced not only the problem of handling a great many people who wish to come to this country as asylum seekers, but also the real difficulties arising from information technology. That is not the Government's fault; the problems predate their time, and have not been made any easier as a result of the technology having to be introduced in a difficult situation. We understand that and we sympathise. Every time I look at my own personal computer swallowing my immortal words when I cannot do anything to stop it, I think of the Home Office and my heart bleeds just a little.

I pay tribute also to the noble Lord, Lord Cope, and his colleague, the noble Viscount, Lord Astor, and very much also to the Cross-Benchers, the noble Earl, Lord Sandwich, the noble Lords, Lord Hylton and Lord Alton, and others, for their contributions to these debates.

I conclude with two points. I am sure that noble Lords on other Benches, not least on the Benches of the right reverend Prelate and his colleagues, the Bishops' Benches, and the noble Lord, Lord Sheppard--with whom I still dimly associate that particular outstanding role--share with us the sense that we have two matters greatly in mind. The first is the noble, outstanding tradition in this country over many decades of accepting voices of dissent and voices fighting for liberty and freedom. The mind goes back as far as people like Kossuth and Garibaldi. It is a great tradition which most of us would not wish to see brought to an end.

In this Bill there are many powers which affect directly not only the liberties of people who seek to come to this country but also our own liberties. There are precedents which could be disturbing if not brought under control. Therefore, we have had in mind not only the liberties of asylum seekers but also those of our own countrymen and women in the moves that we have made on the Bill.

Again, I thank Ministers for their patience and I thank other colleagues who have been kind enough to sit through and take part in those very long sessions. We are grateful to all those involved.

Lord Cope of Berkeley: My Lords, I join in the thanks expressed by the noble Baroness, Lady Williams, to the Minister and noble Lords on all sides of the House who have taken part in these long debates.

This Bill leaves the House in a form very different from that in which it arrived. Most of the changes made in the course of our debates are improvements. We continue to share the general intentions of the Government that immigration decisions should be fairer, faster and firmer. But I am not confident that the new machinery established by this Bill will work smoothly.

It has been quite apparent to us that the legislation was put together under great pressure, and the number of government amendments testify to that. There were

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another 50 or so government amendments today. Whenever we have asked questions about the machinery, which will have to be the most elaborate and sensitive machinery UK-wide, the answers have not been very satisfactory.

New arrangements, new legislation and new systems in government usually slow things down, at least at the start. I am not hopeful that this Bill will be an exception to that rule. The Home Secretary inherited a difficult situation and made it worse. This Bill fills me with foreboding. Nevertheless, I believe that it should pass.


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