Vote Bundle Text (990504-10)

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

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Overpayments

Mr Mike O'Brien

NC27

To move the following Clause:—

'.—(1) Subsection (2) applies if, as a result of an error on the part of the Secretary of State, support has been provided to a person under section 74.

(2) The Secretary of State may recover from a person who is, or has been, a supported person an amount representing the monetary value of support provided to him.

(3) An amount recoverable under subsection (2) may be recovered as if it were a debt due to the Secretary of State.

(4) The Secretary of State may by regulations make provision for other methods of recovery, including deductions from support provided under section 74.'.

Housing authority accommodation

Mr Mike O'Brien

NC28

To move the following Clause:—

'.—(1) Each housing authority must secure that, so far as practicable, a tenancy of, or licence to occupy, housing accommodation provided under the accommodation provisions is not granted to a person subject to immigration control unless—

(a) he is of a class specified in an order made by the Secretary of State; or

(b) the tenancy of, or licence to occupy, such accommodation is granted in accordance with arrangements made under section 74.

(2) An order made under subsection (1) may not be made so as to include in a specified class any person to whom section 95 applies.

(3) "Housing authority" means—

(a) in relation to England and Wales, a local housing authority within the meaning of the Housing Act 1985;

(b) in relation to Scotland, a local authority within the meaning of the Housing (Scotland) Act 1987; and

(4) "Accommodation provisions" means—

(a) in relation to England and Wales, Part II of the Housing Act 1985;

(b) in relation to Scotland, Part I of the Housing (Scotland) Act 1987;

(5) "Licence to occupy", in relation to Scotland, means a permission or right to occupy.

(6) "Tenancy", in relation to England and Wales, has the same meaning as in the Housing Act 1985.

(7) "Person subject to immigration control" means a person who under the 1971 Act requires leave to enter or remain in the United Kingdom (whether or not such leave has been given).

(8) This section does not apply in relation to any allocation of housing to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies.'.

Homelessness: Scotland and Northern Ireland

Mr Mike O'Brien

NC29

To move the following Clause:—

'.—(1) A person subject to immigration control—

(a) is not eligible for accommodation or assistance under the homelessness provisions, and

(b) is to be disregarded in determining for the purposes of those provisions, whether another person—

(i) is homeless or is threatened with homelessness, or

(ii) has a priority need for accommodation,

unless he is of a class specified in an order made by the Secretary of State.

(2) An order under subsection (1) may not be made so as to include in a specified class any person to whom section 95 applies.

(3) "The homelessness provisions" means—

(a) in relation to Scotland, Part II of the Housing (Scotland) Act 1987; and

(b) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1988.

(4) "Person subject to immigration control" has the same meaning as in section (Housing authority accommodation).'.

Other restrictions on assistance: Northern Ireland

Mr Mike O'Brien

NC30

To move the following Clause:—

'.—(1) In Article 7 of the Health and Personal Social Services (Northern Ireland) Order 1972 (prevention of illness, care and after-care), after paragraph (2) insert—

(2) In Article 15 of that Order (general social welfare), after paragraph (5) insert—

(a) because he is destitute, or

(b) because of the physical effects, or anticipated physical effects, of his being destitute.

(7) Subsections (3) and (5) to (8) of section 74 of the Immigration and Asylum Act 1999 apply for the purposes of paragraph (6) as they apply for the purposes of that section, except that for references to the Secretary of State in subsections (5) and (7) substitute references to the Department."

(3) In the Asylum and Immigration Appeals Act 1993, omit sections 4 and 5 and Schedule 1 (provisions relating to housing of asylum-seekers).'.

Back-dating of benefits where person recorded as refugee

Mr Mike O'Brien

NC31

To move the following Clause:—

'.—(1) This section applies if—

(a) a person is recorded by the Secretary of State as a refugee within the meaning of the Refugee Convention, and

(b) before the refugee was so recorded, he or his dependant was a person to whom section 95 applied.

(2) The Secretary of State may by regulations provide that a person mentioned in subsection (1)(b) may, within a prescribed period, claim the whole, or any prescribed proportion, of any benefit to which he would have been entitled had the refugee been so recorded when he made his claim for asylum.

(3) Subsections (5) and (6) apply if the refugee has resided in the areas of two or more local authorities and he or his dependant makes a claim under the regulations in relation to housing benefit.

(4) Subsections (5) and (6) also apply if the refugee has resided in the areas of two or more local authorities in Great Britain and he or his dependant makes a claim under the regulations in relation to council tax benefit.

(5) The claim must be investigated and determined, and any benefit awarded must be paid or allowed, by such one of those authorities as may be prescribed by the regulations ("the prescribed authority").

(6) The regulations may make provision requiring a local authority which is not the prescribed authority to supply that authority with such information as it may reasonably require in connection with the exercise of its functions under the regulations.

(7) The regulations may make provision in relation to a person who has received support under this Part or who is a dependant of such a person—

(a) for the determination, or for criteria for the calculation, of the value of that support; and

(b) for the sum which he would be entitled to claim under the regulations to be reduced by the whole, or any prescribed proportion, of that valuation.

(8) The reductions permitted by subsection (7) must not exceed the amount of the valuation.

(9) "Regulations" means—

(a) in relation to jobseeker's allowance under Jobseekers Act 1995, regulations under that Act or the Social Security Administration Act 1992;

(b) in relation to jobseeker's allowance under the Jobseekers (Northern Ireland) Order 1995, regulations under that Order or the Social Security Administration (Northern Ireland) Act 1992;

(c) in relation to a benefit under the Social Security Contributions and Benefits Act 1992, regulations under that Act or the Social Security Administration Act 1992;

(d) in relation to a benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992, regulations under that Act or the Social Security Administration (Northern Ireland) Act 1992.'.

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.'.