Vote Bundle Text (990427-14)

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

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Mr Mike O'Brien

517

Schedule 13, page 117, line 7, at end insert—

'References to justices' chief executive

. At any time before the coming into force of section 69 of the Access to Justice Act 1999—

(a) the reference in section 32 (2A)(b) to the justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the specified court acts is to be read as a reference to the clerk of that court; and

(b) the reference in section 28K(9)(a) of the 1971 Act (inserted by section 114) to the justices' chief executive appointed by the magstrates' court committee whose area includes the petty sessions area for which the justice acts is to be read as a reference to the clerk to the justices for the petty sessions area for which the justice acts.'.

Mr Neil Gerrard

520

Schedule 13, page 117, leave out lines 18 to 21 and insert—

'3. Section 15 of the Immigration Act 1971, section 5 of the Immigration Act 1988 and the Immigration (Restricted Right of Appeal against Deportation) Order 1993, are to continue to have effect in relation to any person who, immediately before the repeal of section 15 of the 1971 Act by this Act, was liable to deportation under section 3(5)(a) or (aa) of the 1971 Act as then in force.'.

Mr Mike O'Brien

614

Schedule 14, page 118, line 45, column 3, at end insert—

'In Schedule 2, paragraph 28.

In Schedule 3, in paragraph 3, "in paragraph 28(2), (3) and (6) and".

Schedule 5.'.

Mr Mike O'Brien

615

Schedule 14, page 119, line 6, column 3, at beginning insert—

'Section 7.

Section 8.

Section 9.

Section 10.

Section 11.

Section 12.'.

Mr Mike O'Brien

616

Schedule 14, page 119, line 10, column 3, at beginning insert—

'Section 1.'.

Mr Richard Allan
Dr Vincent Cable

160

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

Mr Mike O'Brien

617

Schedule 14, page 119, line 12, column 3, at end insert—

'In Schedule 2, paragraphs 1(2) and (3), 3 and 4(2) and 6.

In Schedule 3, paragraphs 1, 2 and 5.'.

NEW CLAUSES

Extension of right to apply for bail in deportation cases

Mr Mike O'Brien

NC10

To move the following Clause—

'.—(1) Paragraph 2 of Schedule 3 to the 1971 Act (detention or control pending deportation) is amended as follows.

(2) In sub-paragraph (1), at the end insert "or he is released on bail".

(3) In sub-paragraph (3), after "unless" insert "he is released on bail or".

(4) After sub-paragraph (4), insert—

Continuation of leave pending decision

Mr Mike O'Brien

NC18

To move the following Clause:—

'. In the 1971 Act, insert after section 3B—

"Continuation of leave pending decision. 3C.—(1) This section applies if—

(a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and
(b) when it expires, no decision has been taken on the application.
    (2) His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.
    (3) An application for a variation of a person's leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.
    (4) But subsection (3) does not prevent the variation of an application mentioned in subsection (1).".'.

Variation of limited leave to enter or remain

Mr Mike O'Brien

NC19

To move the following Clause:—

'. A person may appeal against a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom which he has if, as a result of that decision, he may be required to leave the United Kingdom within twenty-eight days of being notified of the decision.'.

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".'.

Secretary of State's report (children's rights)

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.'.

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.'.

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.'.

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.'.

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;

(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.

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

Secretary of State's report (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'.