Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons
back to previous text

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

445

*Schedule     9,     page     105,     line     22,     leave out 'paragraphs 2 and 3' and insert 'this Schedule'.

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Mr Mike O'Brien

55

Clause     134,     page     84,     leave out line 12 and insert—

'( ) section 11,

( ) section 12,'.

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Mr Mike O'Brien

56

Clause     135,     page     84,     line     27,     at end insert—

    '"country" includes any territory;'.

   

Mr Mike O'Brien

57

Clause     135,     page     84,     line     34,     leave out from beginning to end of line 35.

   

Mr Mike O'Brien

58

Clause     135,     page     84,     line     37,     at end insert—

    '( ) The following expressions have the same meanings as in the 1971 Act—

    "certificate of entitlement";

    "entry clearance";

    "immigration officer";

    "immigration rules";

    "United Kingdom passport";

    "work permit".'.

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Mr Richard Allan
Dr Vincent Cable

114

Schedule     12,     page     112,     leave out lines 24 to 33.

   

Mr Mike O'Brien

68

Schedule     12,     page     113,     line     39,     at end insert—

    '. In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after "paragraph 2", insert ", 2A".'.

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Mr Richard Allan
Dr Vincent Cable

160

Schedule     14,     page     119,     line     11,     after '7,' insert 'section 8'.

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NEW CLAUSES

Entitlement to appeal against exclusion

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC1

To move the following Clause:—

    '( ) In the 1971 Act, in subsection 3 of section 13 leave out the words "unless he was refused leave at a port of entry and at a time when he held a current entry clearance or was a person named in a current work permit".'.

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Secretary of State's report to Parliament

   

Mr Peter Bottomley

NC2

To move the following Clause:—

    'The Secretary of State shall report to Parliament before commencement on the compatibility of each provision with the duties and principles relating to children's needs and rights established in the United Nations Conventions on the Rights of the Child, the Children Act 1989 and the Children (Scotland) Act 1995, and the European Convention on Human Rights.'.

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Repeal of section 8 of the Asylum and Immigration Act 1996

   

Mr Richard Allan
Dr Vincent Cable

NC3

To move the following Clause:—

    'Section 8 of the Asylum and Immigration Act 1996 (restrictions on employment) shall cease to have effect.'.

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Right of appeal against decision of Court to grant bail

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC4

*To move the following Clause:—

    '(1) Where a court grants bail to a person under this Part an immigration officer may appeal to a judge of the Crown Court against the granting of bail.

    (2) In the event of an immigration officer wishing to exercise the right of appeal set out in subsection (1) above oral notice of appeal shall be given to the court at the conclusion of the proceedings in which such bail has been granted and before the release from custody of the person concerned.

    (3) Written notice of appeal shall thereafter be served on the court and the person concerned within two hours of the conclusion of proceedings.

    (4) Upon receipt from an immigration officer of an oral notice of appeal from its decision to grant bail the court shall order the person concerned to remain in detention until the appeal is determined or otherwise disposed of.'.

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Operation of Part VI

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC5

*To move the following Clause:—

    'It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that officials of his department and all other providers of assistance to asylum applicants and their dependants operate the provisions of this Part of this Act and exercise their functions in such a way as shall best promote the welfare of asylum seekers and their dependants, if any, who require assistance under this Part of this Act.'.

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Asylum Support Commissioner

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC6

*To move the following Clause:—

    '—(1) There is to be an Asylum Support Commissioner.

    (2) The Commissioner is to be appointed by the Lord Chancellor subject to the approval of the Home Affairs Select Committee of the House of Commons.

    (3) It is to be the general duty of the Commissioner to monitor the operation of the Asylum Support Scheme and in particular to monitor—

(a) the welfare of supported persons and their dependants;

(b) how the scheme operates in respect of the ethnic origin and gender of supported persons and their dependants;

(c) the relative cost of the way in which support is provided under the scheme;

(d) the performance of those with whom the Secretary of State has arranged for support to be provided;

(e) the length of time over which supported persons and their dependants receive support through the scheme.

    (4)(a) The Commissioner must, as soon as is practicable after the end of each financial year, report to the Secretary of State.

(b) The report must, in particular set out the Commissioner's opinion as to the extent to which the asylum support scheme has provided effective and good value support in that year.

(c) The Secretary of State must lay a copy of the report before each House of Parliament.

(d) "Financial Year" means the period of 12 months beginning with 1st April.'.

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Report by Secretary of State on determination times

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC7

*To move the following Clause:—

    '.—Part VI of this Act shall not come into force until the Secretary of State has placed a report in the library of the House of Commons giving details of the average process times in the determination of

(a) initial asylum decisions; and

(b) appeals to adjudicators against initial asylum decisions'.

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Secretary of State's report on enforcement action by immigration officers

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC8

*To move the following Clause:—

    '.—The Secretary of State shall as soon as practicable after the end of 1999 and as soon as practicable after the end of each year thereafter lay before each House of Parliament a report setting out—

    (i) details of the exercise by immigration officers of the powers conferred on them by this or any other enactment;

    (ii) an estimate of the number of persons in the UK liable to immigration enforcement action under the provisions of this or any other enactment; and

    (iii) details of steps being taken or proposed to be taken by the Secretary of State to facilitate such enforcement action.'.

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Exemption of minors from detention

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC9

*To move the following Clause—

    '.—No person who appears to be under 18 years of age may be detained in a detention centre.'.

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NEW SCHEDULE

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NS1

*To move the following Schedule:—

' The Asylum Support Commissioner

    1.—(1) The Commissioner is to be a corporation sole.

(2) The Commissioner and the members of the Commissioner's staff, are not to be regarded as the servants or agents of the Crown or as having any status, privilege or immunity of the Crown.

    2.—(1) The Commissioner—

    (a) is to hold office for five years; but

    (b) may resign at any time by notice given in writing to the Lord Chancellor.

(2) The Lord Chancellor may dismiss the Commissioner—

    (a) on the ground of incapacity or misconduct; or

    (b) if he is satisfied

(i) that he has been convicted of a criminal offence; or

(ii) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors.

(3) The Commissioner is eligible for reappointment when his term of office ends.

    3.     Subject to the provisions of this Schedule, the Commissioner is to hold office on such terms and conditions as the Secretary of State may determine.

    4.—(1) There is to be paid to the Commissioner such remuneration and expenses as the Lord Chancellor may determine.

(2) The Lord Chancellor may pay, or provide for the payment of, such pensions, allowances or gratuities to or in respect of the Commissioner as he may determine.

    5.—(1) Subject to obtaining the approval of the Lord Chancellor as to numbers and terms and conditions of service, the Commissioner may appoint such staff as he considers appropriate.

(2) Subject to obtaining the approval of the Lord Chancellor, the Commissioner may pay, or provide for the payment of, such pensions, allowances or gratuities (including by way of compensation for loss of office or employment) to or in respect of his staff as he considers appropriate.

(3) The Lord Chancellor may pay to the Commissioner

    (a) any expenses incurred or to be incurred by the Commissioner in respect of his staff; and

    (b) with the approval of the Treasury, such other sums for enabling the Commissioner to discharge his duty as the Lord Chancellor thinks fit.'.

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Prepared 15 Apr 1999