S.S.C.
Amendment Paper as at
Tuesday 4th May 1999
SPECIAL STANDING COMMITTEE
IMMIGRATION AND ASYLUM BILL
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [13th April], as follows:—
Clauses 1 to 27; Schedule 1; Clauses 28 to 38; Schedule 2; Clause 39; Schedule 3; Clause 40; Schedule 4; Clauses 41 to 62; Schedule 5; Clauses 63 and 64; Schedule 6; Clauses 65 and 66; Schedule 7; Clauses 67 to 83; Schedule 8; Clauses 84 to 125; Schedule 9; Clause 126; Schedule 10; Clause 127; Schedule 11; Clauses 128 to 138; Schedules 12 to 14; new Clauses; new Schedules.
Mr Richard Allan
Dr Vincent Cable
825
Clause 73, page 44, line 22, after 'claim', insert 'for protection on the basis'.
Mr Richard Allan
Dr Vincent Cable
826
Clause 73, page 44, line 24, leave out 'Article 3 of'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
316
Clause 73, page 44, line 30, after 'him', insert—
'( ) is a child for whom the asylum seeker or his spouse is responsible, who is under 18 and dependent on him'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
827
Clause 73, page 44, line 32, at end insert ' "essential living needs" means the costs of day to day living including, but not limited to, food, household fuel, the purchase, cleaning, repair and replacement of clothing and footwear, weekly laundry costs, miscellaneous household and personal expenses such as toilet and pharmaceutical items, cleaning materials, window-cleaning, the replacement of small household goods (for example, crockery, cutlery, cooking utensils, light bulbs, etcetera) and such other needs as are essential to the individual asylum seeker given his particular circumstances and those of his dependants;'.
Mr Mike O'Brien
749
Clause 73, page 44, line 32, at end insert—
' "the Executive" means the Northern Ireland Housing Executive;
"housing accommodation" includes flats, lodging houses and hostels;'.
Mr Mike O'Brien
750
Clause 73, page 44, leave out lines 33 to 36.
Mr Mike O'Brien
751
Clause 73, page 44, leave out lines 44 to 46.
Mr Mike O'Brien
752
Clause 73, page 45, line 1, leave out 'an asylum-seeker' and insert—
'(a) an asylum-seeker, or
(b) a dependant of an asylum-seeker,
who has applied for support and'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
319
Clause 73, page 45, line 7, leave out 'such' and insert 'the'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
320
Clause 73, page 45, leave out line 12 and insert 'and ending 28 days after (a) or (b).'.
Mr Neil Gerrard
Mr Richard Allan
Dr Vincent Cable
740
Clause 73, page 45, line 12, at end insert—
'(3A) The period prescribed in subsection (3) shall be extended—
(a) in the event that either party indicates an intention to apply for leave to appeal to the Court of Appeal or House of Sessions, or to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so; and
(b) for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending; and
(c) whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations, in respect of the claimant's immigration status; and
(d) whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and/or his dependants following rejection of an asylum claim.'.
Mr Mike O'Brien
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
317
Clause 73, page 45, line 14, leave out 'III' and insert 'IV'.
Mr Richard Allan
Dr Vincent Cable
844
Clause 73, page 45, line 14, at end insert, 'or in cases where either party appeals to, or applies for leave to appeal to, the Immigration Appeal Tribunal, the Court of Appeal, the Court of Sessions or the House of Lords, when those proceedings are no longer pending.'.
Ms Diane Abbott
899
Clause 73, page 45, line 15, leave out 'of his, or of his spouse'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
318
Clause 73, page 45, line 18, at end insert 'unless he and the child are granted leave to enter or remain in the United Kingdom in which case the provision in Section 73(3)(a) applies.'.
Mr Mike O'Brien
754
Clause 73, page 45, line 18, at end insert—
'( ) Subsection (5) does not apply if, on or after the determination of his claim for asylum, the asylum-seeker is granted leave to enter or remain in the United Kingdom (whether or not as a result of that claim).'.
Mr Mike O'Brien
755
Clause 73, page 45, line 18, at end insert—
'( ) For the purposes of this Part, the Secretary of State may inquire into, and decide, the age of any person.'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
865
Page 44, line 17, leave out Clause 73.
Mr Neil Gerrard
738
Clause 74, page 45, line 27, leave out 'may' and insert 'shall'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
845
Clause 74, page 45, line 31, leave out from 'who' to 'destitute' and insert 'are'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
351
Clause 74, page 45, line 32, leave out from 'destitute' to end of line.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
352
Clause 74, page 45, leave out lines 33 and 34.
Mr Neil Gerrard
739
Clause 74, page 45, line 36, after 'adequate', insert 'and suitable'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
846
Clause 74, page 45, line 36, leave out 'or any means of obtaining it'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
847
Clause 74, page 46, line 2, leave out from 'to' to end of line and insert 'whether it is reasonable and suitable for the person and his dependants if any to continue to occupy the premises.'.
Mr Mike O'Brien
756
Clause 74, page 46, line 3, after 'any' insert 'prescribed matter or to any'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
353
Clause 74, page 46, leave out lines 8 and 9.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
848
Clause 74, page 46, line 9, at end insert 'save that the Secretary of State may not regard as adequate any accommodation that is overcrowded and must in any event have regard to the suitability of those with whom individual asylum seekers, and their dependants if any, are expected to share, in relation to which the factors to be considered include age, gender, health and ethnic, political and religious background;'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
354
Clause 74, page 46, line 11, at end insert 'provided in all cases that it is reasonable and suitable for the person and his dependants to continue to occupy the premises'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
849
Clause 74, page 46, line 11, at end insert 'save that the Secretary of State must take into account the suitability of the location in relation to the safety, welfare, dignity and any special needs of the asylum seeker and his dependants, and to their long-term settlement prospects;'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
850
Clause 74, page 46, leave out lines 12 to 17 and insert—
'(7) In determining the extent to which a person's essential living needs are met the Secretary of State shall take account of the person's income and capital as if he were calculating entitlement to income support under section 136 of the Social Security Contributions and Benefits Act 1992.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
355
Clause 74, page 46, leave out lines 12 to 17.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
356
Clause 74, page 46, leave out lines 18 to 21.
