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

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Sir Norman Fowler
Mr James Clappison
Mr John Greenway

435

Clause     111,     page     68,     line     39,     at end insert 'and where it appears necessary to do so the officer must take reasonable steps to explain the reason for the seizure in a language or manner which the person understands'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

436

Clause     111,     page     69,     leave out lines 39 to 44.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

437

Clause     111,     page     70,     line     24,     at end insert 'and where it appears necessary to do so the officer must take reasonably steps to explain the reason for the seizure in a language or manner which the person understands'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

438

Clause     114,     page     73,     line     30,     at end insert—

    '(3A) If there are reasonable grounds for believing that the occupier of the premises may not be able to fully comprehend the purpose of the warrant the immigration officer must take reasonable steps to ensure that he is accompanied by a suitable interpreter unless obtaining the presence of such an interpreter would cause delay so as to frustrate the purpose of the search'.

   

Mr Mike O'Brien

515

Clause     114,     page     74,     line     17,     leave out from first 'the' to end of line 18 and insert 'justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the justice acts'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

439

Clause     116,     page     75,     line     8,     at end insert 'but he may not detain that person for more than one week unless he obtains the authority of a senior officer to do so and he may not detain that person for more than one month unless he obtains the authority of a justice of the peace to do so'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

440

Clause     122,     page     78,     line     14,     leave out 'or the contract monitor'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

441

Clause     123,     page     78,     line     42,     at end insert—

      '(d) to ensure that information on conditions of detention and procedures for making complaints are available to detainees and that reasonable steps are taken to make such information available to detainees in a language they can understand'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

442

Clause     124,     page     79,     line     14,     at end add—

    '(4) For detainees to receive visits for the purpose of giving legal advice by any voluntary organisation in receipt of a grant under section 37.'.


   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

446

Schedule     9,     page     104,     line     18,     leave out from 'level' to the end of the line and insert '5 on the standard scale or to imprisonment for a term not exceeding six months or to both'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

447

Schedule     9,     page     104,     line     29,     after 'headgear', insert 'unless the headgear has cultural or religious significance'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

448

Schedule     9,     page     104,     line     38,     at end insert—

    '(5) The details of any exercise of powers under this paragraph must be noted in a register kept for this purpose which must be open for inspection'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

449

Schedule     9,     page     104,     line     41,     leave out from 'facility' to end of line 42.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

450

Schedule     9,     page     105,     leave out lines 3 and 4 and insert 'acting in the course of his duties'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

443

Schedule     9,     page     105,     leave out lines 16 to 18 and insert 'acting in the coursse of his duties'.

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

444

Schedule     9,     page     105,     line     20,     leave out '3' and insert '4'.

   

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'.


   

Mr Mike O'Brien

494

Clause     134,     page     84,     line     9,     leave out 'Secretary of State' insert 'person making it'.

   

Mr Mike O'Brien

55

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

      '( ) section 11,

      ( ) section 12,'.


   

Mr Mike O'Brien

56

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

    '"country" includes any territory;'.

   

Mr Mike O'Brien

603

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

      ' "claim for asylum" (except in Parts V and VI) means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;'.

   

Mr Mike O'Brien

604

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

      ' "the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;'.

   

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".'.

   

Mr Mike O'Brien

605

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

      ' "the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;'.


   

Mr Mike O'Brien

516

Clause     136,     page     85,     line     4,     after '94' insert 'or by the Lord Chancellor under section 32 (1B)'.


   

Mr Richard Allan
Dr Vincent Cable

114

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

   

Mr Mike O'Brien

610

Schedule     12,     page     113,     line     1,     at end insert—

    '. In section 33 (interpretation), for subsection (4) substitute—

            "(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined in accordance with section 40(4) to (9) of the Immigration and Asylum Act 1999".'.

   

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".'.

   

Mr Mike O'Brien

611

Schedule     12,     page     114,     line     13,     at end insert—

    '. In Schedule 2, omit paragraph 28.

    . In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 41, 48, 49, 51(1) or (4) or 53 of the Immigration and Asylum Act 1999".

    . In Schedule 3 (supplementary provision as to deportation), in paragraph 3—

      (a) for "16 or 17" substitute " 48 or 49 of the Immigration and Asylum Act 1999";

      (b) omit "in paragraph 28(2), (3) and (6) and"; and

      (c) for "15(1)(a)" substitute " 45(1)(a) or 51(3)(a) of the Immigration and Asylum Act 1999".'.

   

Mr Mike O'Brien

612

Schedule     12,     page     116,     line     37,     at end insert—

'The Asylum and Immigration Appeals Act 1993 (c.23)

    . The Asylum and Immigration Appeals Act 1993 is amended as follows.

    . Omit sections 7 to 9.

    . For paragraph (a) of section 9A(1) (bail pending appeal from Immigration Appeal Tribunal), substitute—

            "(a) has an appeal under Part IV of the Immigration and Asylum Act 1999 which is pending by reason of an appeal, or an application for leave to appeal, under paragraph 12 of Schedule 4 to that Act;".

    . In section 9A(6), for "section 9 above" substitute "paragraph 12 of Schedule 4 of the Immigration and Asylum Act 1999".

    . Omit sections 10 to 12.

    . Omit Schedule 2.'.

   

Mr Mike O'Brien

613

Schedule     12,     page     116,     line     41,     at end insert—

'The Special Immigration Appeals Commission Act 1997 (c.68)

    . The Special Immigration Appeals Act 1997 is amended as follows.

    . In section 2 (appellate jurisdiction of the Commission), for subsection (1) substitute—

            "(1) A person may appeal to the Special Immigration Appeals Commission against a decision which he would be entitled to appeal against under Part IV of the Immigration and Asylum Act 1999 ("the 1999 Act") or the Immigration (European Economic Area) Order 1994 ("the 1994 Order") but for a public interest provision.

            (1A) "Public interest provision" means any of—

            (a) sections 42(8), 44(4), 46(1) or (2) or 52(1) to (5) of the 1999 Act; or

            (b) paragraphs (b), (c) or (d) of Article 20(2) of the 1994 Order.".

    . In section 2(2) for "subsection (2) of section 13 of the Immigration Act 1971, but for subsection (5) of that section" substitute "section 41(2) of the 1999 Act but for section 42(8) of that Act".

    . In section 4 (determination of appeals), after subsection (1) insert—

            "(1A) If a certificate under section 52(3A)(b) has been issued, the Commission on an appeal to it under this Act may, instead of determining the appeal, quash the certificate and remit the appeal to a special adjudicator."

    . In section 7 (appeals from Commission), omit subsection (4).

    . In Schedule 1 (supplementary provision as to Commission), in paragraph 5(b)—

      (a) in sub-paragraph (i), for "paragraph 1 of Schedule 5 to the Immigration Act 1971" substitute "section 39(2) of the Immigration and Asylum Act 1999"; and

      (b) in sub-paragraph (ii), for "paragraph 7 of that Schedule" substitute "paragraph 1(3) of Schedule 2 to that Act".

    . In Schedule 2 (supplementary provisions as to appeals) for paragraphs 1 to 3 substitute—

        "Stay on directions for removal

            1. If a person in the United Kingdom appeals under section 2(1) above on being refused leave to enter, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given so long as the appeal is pending.

            2. If a person in the United Kingdom appeals under section 2(1) above against any directions given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for his removal from the United Kingdom, those directions except in so far as they have already been carried out, have no effect while the appeal is pending.

            3. But the provisions of Part I of Schedule 2 or, as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under section 2(1) above as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.

            3A. In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for the giving of directions under that paragraph for the removal of a person from the United Kingdom and for the giving of a notice of intention to give such directions, any period during which there is pending an appeal by him under section 2(1) above is to be disregarded.

            3B. If directions are given under Part I of Schedule 2 or Schedule 3 to the 1971 Act for anyone's removal from the United Kingdom, and directions are also so given for the removal with him of persons belonging to his family, then if any of them appeals under section 2(1) above, the appeal has the same effect under paragraphs 1 to 3A in relation to the directions given in respect of each of the others as it has in relation to the directions given in respect of the appellant.

        Suspension of variation of limited leave

            3C. A variation is not to take effect while an appeal is pending under section 2(1) above against the variation.

        Continuation of leave

            3D.—(1) While an appeal under section 2(1) above is pending, the leave to which the appeal relates, and any conditions subject to which it was granted continue to have effect.

            (2) A person may not make an application for a variation of his leave to enter or remain while that leave is treated as continuing to have effect as a result of sub-paragraph (1).

            (3) For the purposes of section 2(1), in calculating whether, as a result of a decision, a person may be required to leave the United Kingdom within twenty-eight days, a continuation of leave under this paragraph is to be disregarded.

        Deportation orders

            3E. A deportation order is not to be made against a person under section 5 of the 1971 Act while an appeal duly brought under section 2(1) above against the decision to make it is pending.

            3F. In calculating the period of eight weeks set by section 5(3) of the 1971 Act for making a deportation order against a person as belonging to the family of another person, there is to be disregarded any period during which an under section 2(1) above against the decision to make the order is pending."

    . In Schedule 2, in paragraph 4, for "the Immigration Act 1971 as applied by paragraphs 1 to 3 above" substitute "this Schedule"

    . In Schedule 2, omit paragraph 5.

    . In Schedule 2, for paragraphs 6 and 7 substitute—

        "Notice of appealable decision and statement of appeal rights etc.

            6. Paragraph 2 of Schedule 4 to the Immigration and Asylum Act 1999 has effect as if section 2 of this Act were contained in Part IV of that Act.

        Financial support for organisations helping persons with rights of appeal

            7. Section 60 of the Immigration and Asylum Act 1999 shall have effect as if section 2 above were contained in Part IV of that Act.". '.

 
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Prepared 27 Apr 1999