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.'.

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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

(c) in relation to Northern Ireland, the Executive.

    (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;

(c) in relation to Northern Ireland, Part II of the Housing (Northern Ireland) Order 1981.

    (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.'.

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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).'.

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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—

    "(3) Arrangements may not be made under paragraph (1) in respect of any person to whom section 95 of the Immigration and Asylum Act 1999 applies."

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

    "(6) Assistance may not be provided under paragraph (1) in respect of any person to whom section 95 of the Immigration and Asylum Act 1999 applies if his need for assistance has arisen solely—
(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).'.

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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.'.

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Institution of proceedings

   

Mr Mike O'Brien

NC35

To move the following Clause:—

    '. In section 3(2) of the Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert—

"(aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the Immigration Act 1971) acting in his capacity as such an officer;".

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Proof of identity of persons to be removed or deported

   

Mr Mike O'Brien

NC41

*To move the following Clause:—

    '.—(1) This section applies if a person—

(a) is to be removed from the United Kingdom to a country of which he is a national or citizen; but

(b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.

    (2) If the country to which the person is to be removed indicates that the person will not be admitted to it unless identification data relating to him is provided by the Secretary of State, he may provide them with such data.

    (3) In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.

    (4) For the purposes of paragraph 4(1) of Schedule 4 to the Data Protection Act 1998, the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.

    (5) "Identification data" means—

(a) fingerprints taken under section (Fingerprinting); or

(b) data collected in accordance with regulations made under section (Other methods of collecting data as to physical characteristics).

    (6) "Removed" means removed as a result of directions given under section 6 or under Schedule 2 or 3 to the 1971 Act.'.

Prepared 11 May 1999