Amendments proposed to the Immigration and Asylum Bill - continued	House of Commons
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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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Legal advice for supported persons

   

Mr Richard Allan

Dr Vincent Cable

NC22

     To move the following Clause:—

    'In providing, or arranging for the provision of, support for persons within section 74(1), it shall be the duty of the Secretary of State to make arrangements with a view to ensuring that those persons have access to legal advice from a representative chosen by the asylum seeker.'.

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Support for appellants

   

Mr Richard Allan

Dr Vincent Cable

NC23

     To move the following Clause:—

    '.—(1) It shall be the duty of the Secretary of State to provide, or arrange for the provision of, support for a person who appeals to a special adjudicator under section 84 until such time as the appeal is decided and refused and a period of grace to be prescribed has expired.

    (2) The Secretary of State shall ensure that support arrangements are also made for the dependants of those who appeal under section 84.'.

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Application of legal advice and assistance regulations to asylum support

   

Mr Richard Allan

Dr Vincent Cable

NC24

     To move the following Clause:—

    'In the Legal Advice and Assistance (Scope) Regulations 1989, after Part III insert:—

"PART IV ASYLUM SUPPORT

    10. Part III of the Act shall apply to advice and assistance relating to applications for support under the Secretary of State's scheme for the provision of support of asylum seekers and their dependants under the Immigration and Asylum Act 1999.".'.

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Application of legal advice and assistance regulations to proceedings

   

Mr Richard Allan

Dr Vincent Cable

NC25

     To move the following Clause:—

    'In Regulation 9 of the Legal Advice and Assistance (Scope) Regulations 1989, after paragraph (d) insert—

"(e) to a person in proceedings under the Immigration and Asylum Act 1999.".'.

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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 29 Apr 1999