Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons
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Secretary of State's report (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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Exemption of victims of torture from detention

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC11

To move the following Clause:—

    '.—Where a person is liable to detention, he or she shall not be detained where there is evidence of a history of torture.'.

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Exemption from detention of minors making appeals under section 51

   

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC12

To move the following Clause:—

    '.—(1) A person who appeals under section 51 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.

    (2) Where the claim of a person who appeals under section 51(1) to be under the age of 18 is disputed,

(a) the Secretary of State shall ensure that an independent paediatrician assessment of age is offered to that person within 72 hours of the disputed age being recorded;

(b) a finding of "reasonable likelihood" from any such assessment shall be construed as though it were confirmation that the person is under the age of 18; and

(c) Subsection (1) applies.

    (3) A dependent child of a person who appeals under section 51 shall not be detained for any period while the outcome of the appeal remains undetermined unless such detention is in the best interest of that child.

    (4) Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.'.

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Exemption of minors from detention (No. 2)

   

Sir Norman Fowler
Mr James Clappsion
Mr John Greenway

NC13

To move the following Clause:—

    '.—(1) No person under the age of 18 shall be subject to detention under any provision of the Immigration Acts save where:

(a) the person or all the persons having care or control of the child and are about to be detained under any provision of the Immigration Acts and

(b) an independent social worker determines that it is the best interests of the child to remain with his parents.

    (2) Detention of a person under the age of 18 under the provisions of subsection 1(b) shall be for a maximum of 72 hours.'.

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Conditions on liability for detention

   

Mr Neil Gerrard

NC14

To move the following Clause:—

    '(1) This section applies if a person is liable to detention under the Immigration Acts.

    (2) A person liable to detention shall not be detained unless it appears to an immigration officer that there are substantial grounds for believing that one or more of the conditions mentioned in rules made under subsection (3) below are fulfilled.

    (3) The Secretary of State must, by rules, provide criteria for the exercise of the power to detain a person under the Immigration Acts.

    (4) Notwithstanding any provision of this section, a person may be detained under the authority of an immigration officer for a period not exceeding twenty-four hours if the immigration officer is satisfied that, for want of time, it has not been practicable to obtain sufficient information for the purpose of taking the decision under subsection (2).

    (5) In any case in which an adjudicator or the Tribunal or a magristrates' court has power to release a person, that person shall be released unless there are substantial grounds for believing that one or more of the conditions mentioned in subsection (3) above are fulfilled.

    (6) This section does not affect any provision of the Immigration Acts under which a detained person may or shall be released on bail on his entering into a recognizance or, in Scotland, bail bond conditioned for his appearance before an immigration officer or an adjudicator or the Tribunal at a time and place named in the recognizance or bail bond.'.

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Legal aid in respect of bail hearings under the Immigration Acts

   

Mr Richard Allan
Dr Vincent Cable

NC15

To move the following Clause:—

    'The Lord Chancellor shall, by order, extend the provision of legal aid to cover bail hearings under the Immigration Acts.'.

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Removal under section 6

   

Mr Richard Allan
Dr Vincent Cable

NC16

To move the following Clause:—

    '(1) This section applies to any person facing removal under section 6 above.

    (2) A person falling within subsection (1) above may appeal to an adjudicator against the directions so long as he does not fall within subsection (3) below.

    (3) This subsection applies to any person who was last given leave to enter the United Kingdom less than seven years before the date of the decision in question; such person shall not be entitled to appeal except on the ground that on the facts of his case there is in law no power to give directions for his removal for the reasons stated in the notice of decision.

    (4) The Secretary of State may by order exempt any such person from subsection (3) above in such circumstances and to such extent as may be specified in the order.

    (5) The power to make an order under subsection (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

    (6) In exercising his powers to make rules under the principal Act, the Secretary of State shall make rules setting out how the power of removal under section 6 is to be exercised and shall ensure that removal directions shall not be given where the compassionate circumstances of the case outweigh the public interest in enforcing immigration control.'.

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Statutory basis for rules for detention

   

Mr Richard Allan
Dr Vincent Cable

NC17

To move the following Clause:—

    '(1) The Secretary of State must, by rules, provide criteria for the exercise of the power to detain a person under the Immigration Acts, and no person shall be detained except in accordance with those rules.

    (2) Rules made under subsection (1) must provide for the detention of asylum-seekers only under exceptional circumstances and provide that a person should only be detained when other non-custodial measures have been considered inappropriate.'.

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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 27 Apr 1999