S.S.C.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 13th April 1999
New Amendments handed in are marked thus *
SPECIAL STANDING COMMITTEE
IMMIGRATION AND ASYLUM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th April], as follows:—
Clauses 1 to 27; Schedule 1; Clauses 28 to 38; Schedule 2; Clause 39; Schedule 3; Clause 40; Schedule 4; Clauses 41 to 62; Schedule 5; Clauses 63 and 64; Schedule 6; Clauses 65 and 66; Schedule 7; Clauses 67 to 83; Schedule 8; Clauses 84 to 125; Schedule 9; Clause 126; Schedule 10; Clause 127; Schedule 11; Clauses 128 to 138; Schedules 12 to 14; new Clauses; new Schedules.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
74
Clause 2, page 3, leave out lines 6 and 7.
Mr Richard Allan
Dr Vincent Cable
109
Clause 2, page 3, line 7, at end insert—
'(3A) Only conditions of a kind that could be imposed on leave to remain given under section 3 may be prescribed.'.
Mr Mike O'Brien
126
Clause 2, page 3, leave out lines 17 and 18 and insert—
'( ) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House." '.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
75
Clause 2, page 3, leave out lines 17 and 18 and insert—
'(6) No order is to be made under subsection (5) above unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
76
Clause 3, page 3, line 19, at beginning insert 'subject to section 1(A) below'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
78
Clause 3, page 3, line 22, after 'to', insert 'enter or'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
77
Clause 3, page 3, line 26, at end add—
'(1A) Subsection (1) does not apply to claims for asylum under the 1951 United Nations Convention relating to the Status of Refugees or claims for protection under Article 3 of the European Convention on Human Rights.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
79
Clause 3, page 3, leave out lines 29 and 30 and insert—
'(3) The regulations may prescribe different rates of fee for different classes of application, provided that all such rates shall be commensurate with the reasonable expectations of applicants.'.
Mr Richard Allan
Dr Vincent Cable
110
Clause 3, page 3, line 29, leave out 'But the' and insert 'No fee shall be payable in respect of a claim for asylum, and'.
Mr Peter Bottomley
133
*Clause 3, page 3, line 29, leave out 'may', and insert 'shall'.
Mr Peter Bottomley
134
*Clause 3, page 3, line 29 leave out 'in prescribed circumstances', and insert 'by those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended.'.
Mr Richard Allan
Dr Vincent Cable
111
Clause 3, page 3, line 29, after 'in', insert 'other'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
123
Clause 3, page 3, line 30, at end insert 'where without prejudice to the foregoing generality—
(a) the applicant has insufficient means to pay any prescribed charges;
(b) the applicant is below the age of 16 years; or
(c) the applicant is in receipt of any benefit.'.
Mr Richard Allan
Dr Vincent Cable
112
Clause 3, page 3, line 36, at end add—
'(7) Claim for asylum means a claim that it would be contrary to the United Kingdom's obligations under the 1951 Convention relating to the Status of Refugees and its Protocol, or under Article 3 of the 1950 European Convention on Human Rights and Fundamental Freedoms, for the claimant to be removed from, or required to leave the United Kingdom.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
128
*Clause 3, page 3, line 36, at end add—
'(6A) No regulations may be made under this section unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.'.
Mr Peter Bottomley
135
*Clause 3, page 3, line 36 at end insert—
'(7) Any regulations made under this section shall prescribe that any fee paid is to be refunded if the application to which it relates is not dealt with within seven days of receipt.'.
Mr Mike O'Brien
5
Clause 4, page 3, line 40, leave out 'person' and insert 'member of a mission'.
Mr Mike O'Brien
6
Clause 4, page 3, line 41, leave out from 'is' to end of line 43 and insert 'not to count as a member of a mission unless—
(a) he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and
(b) he has not ceased to be such a member after having taken up the post".'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
127
*Clause 4, page 3, line 43, at end add—
'( ) The Secretary of State may give directions for the removal of any person who is purported to be a member of a mission but who does not count as a member of a mission under this subsection.'.
Mr Richard Allan
Dr Vincent Cable
115
Clause 6, page 4, line 30, at end insert—
'(1A) Directions may not be given under subsection (1) unless the Secretary of State is satisfied that all relevant factors listed in the immigration rules have been considered'.'
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
81
Clause 6, page 4, line 35, after '(b)', insert 'may bring an appeal or.'.
Mr Mike O'Brien
7
Clause 6, page 4, line 35, leave out 'such an application' and insert 'an application for a variation of the time limit'.
Mr Mike O'Brien
8
Clause 6, page 4, line 37, after '(1)(c)', insert 'unless the Secretary of State has given the person concerned written notice, not'.
Mr Mike O'Brien
9
Clause 6, page 4, line 39, at end insert ', that he intends to remove the person concerned from the United Kingdom.
( ) If such a notice is sent by the Secretary of State by first class post, addressed to the person concerned's last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
80
Clause 6, page 5, line 9, at end add—
'(8A) Directions for the removal of a person under this section may include an order prohibiting the re-entry of the person to the United Kingdom.'.
Mr Richard Allan
Dr Vincent Cable
113
Page 4, line 20, leave out Clause 6.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
82
Clause 7, page 5, line 11, leave out 'In such circumstances as may be specified'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
87
Clause 7, page 5, line 13, after first 'clearance', insert 'as a visitor'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
124
Clause 7, page 5, line 13, at end insert—'in the following circumstances—
(a) where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period, would not leave the United Kingdom at the end of that period; or
(b) where the applicant has been convicted by a court of any offence involving dishonesty.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
129
*Clause 7, page 5, leave out lines 14 to 17 and insert—
'(2) Where application for entry clearance has been made as a family visitor—
(a) the Secretary of State, before that application has been decided, may accept security with respect to a person who has applied for entry clearance in that capacity; and'.
Mr Peter Bottomley
136
*Clause 7, page 5, line 27, at end insert—
'( ) In determining the amount of security to be required or accepted under this section, the Secretary of State shall have regard to the means of the person who will provide such security.'.
