S.S.C.
Amendment Paper as at
Tuesday 11th May 1999
SPECIAL STANDING COMMITTEE
New Amendments handed in are marked thus *
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
Ms Diane Abbott
860
Clause 76, page 47, leave out lines 18 to 20.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
365
Clause 76, page 47, line 20, after 'provided', insert 'unless there are reasonable grounds for believing that the supported person or his dependants have been the victims of torture and that it is in the interests of his or their health to be in proximity to specialised services related to the treatment of victims of torture'.
Mr Richard Allan
Dr Vincent Cable
859
Clause 76, page 47, leave out line 21 and insert—
'( ) all relevant matters including, but not limited to, the health, safety, welfare and any special needs of the claimant and his dependants, if any, to the suitability of those, if any, with whom the claimant and his 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), and the suitability of its location for the long term resettlement of the claimant and his dependants, if any, in the event of a favourable outcome to the asylum claim.'
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
366
Clause 76, page 47, leave out lines 24 to 29.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
861
Clause 76, page 47, leave out lines 30 to 39.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
367
Clause 76, page 47, leave out lines 40 to 42.
Mr Richard Allan
Dr Vincent Cable
862
Clause 76, page 47, line 44, leave out 'may disregard' and insert 'must have regard to'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
868
Page 47, line 10, leave out Clause 76.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
368
Clause 77, page 48, line 5, at the beginning insert 'Subject to subsection (2A) below'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
369
Clause 77, page 48, line 7, at end insert—
'(2A) Subsection (2) above does not apply where the supported person or his dependants—
(a) have been the subject of attacks or hostility directed towards them by reason of—
(i) their membership of a racial group;
(ii) their membership of a religious group or faith;
(iii) the fact that they are asylum applicants; and
(b) have suffered hardship as a result of such attacks or hostility in which case support under section 74 in respect of both accommodation and essential living needs must be provided for the supported person and his dependants in a way which does not expose them to further hardship caused by attacks or hostility.
(2B) In subsection (2A) "racial group" means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
370
Clause 77, page 48, line 10, at beginning insert 'Subject to subsection (2A) above'.
Mr Richard Alan
Dr Vincent Cable
829
Clause 77, page 48, leave out lines 10 to 12.
Mr Mike O'Brien
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
762
Page 48, line 3, leave out Clause 77.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
372
Clause 78, page 48, leave out lines 36 to 42 and insert—
'(3) The regulations shall make provision requiring the Secretary of State except in such circumstances (if any) as may be prescribed to have regard to the asylum applicant applying for support in the same way as applicants entitled to apply for benefits provided by the UK social security system are regarded when deciding—
(a) whether to provide support under section 74, or
(b) the level or kind of support to be provided'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
375
Clause 78, page 48, line 36, at beginning insert 'Subject to subsection (3A) below'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
373
Clause 78, page 48, line 36, leave out 'requiring' and insert 'permitting'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
Mr Richard Allan
Dr Vincent Cable
374
Clause 78, page 48, line 41, leave out 'or might reasonably be expected to be'.
Mr Mike O'Brien
763
Clause 78, page 48, line 42, at end insert—
'(3A) The regulations may also make provision for the Secretary of State to take into account, when deciding—
(a) whether to provide, or to continue to provide, support under section 74, or
(b) the level or kind of support to be provided,
the extent to which any condition on which support is being, or has previously been, provided has been complied with.
(3B) The regulations may also make provision for the suspension or discontinuation of support under section 74 in prescribed circumstances.
(3C) The circumstances which may be prescribed under subsection (3B) include the cessation of residence—
(a) in accommodation provided under section 74; or
(b) at an address notified to the Secretary of State in accordance with the regulations.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
376
Clause 78, page 48, line 42, at end insert—
'(3A) Regulations made under subsection (3) above shall require the Secretary of State not to take into account the work of charities, churches, faith groups or religious organisations in taking the decisions referred to in subsection (3).'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
377
Clause 78, page 49, line 3, at end insert 'subject to the need to avoid the risk of exposing the applicant to persecution'.
Mr Mike O'Brien
764
Clause 78, page 49, line 6, at end insert—
'( ) The regulations may also make provision for prescribed items or services to be provided or made available to persons receiving support under section 74 for such purposes and in such circumstances as may be prescribed.'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
378
Clause 78, page 49, line 6, at end add—
'( ) ensuring that communication with the applicant in connection with the aforesaid is in a language the applicant understands'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
379
Clause 78, page 49, line 6, at end add—
'( ) No statutory instrument may be made under this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House'.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
870
Page 48, line 26, leave out Clause 78.
Mr Richard Alan
Dr Vincent Cable
830
Clause 79, page 49, line 7, leave out 'may' and insert 'shall'.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
380
Clause 79, page 49, line 11, at end insert—
'(1A) In making provision or arranging to make provision for the support in subsection (1) above the Secretary of State shall have regard to the desirability of such support being available at any time'.
Mr Richard Allan
Dr Vincent Cable
748
Clause 79, page 49, line 13, at end insert 'and no appeal against the decision is made or any appeal against the decision is decided and refused and a period of grace to be prescribed has expired.'.
Mr Richard Alan
Dr Vincent Cable
831
Clause 79, page 49, leave out lines 14 and 15.
Mr Richard Allan
Dr Vincent Cable
Ms Diane Abbott
871
Page 49, line 7, leave out Clause 79.
Sir Norman Fowler
Mr James Clappison
Mr John Greenway
381
Clause 80, page 49, leave out lines 20 to 23.
