Vote Bundle Text (990511-14)

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

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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.'.

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.".'.

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.".'.

Restoration of benefits if asylum claims not determined after six months

Ms Oona King

NC26

To move the following Clause:—

'.—(1) All the provisions of Part VI of this Act shall cease to apply forthwith to any asylum seeker whose asylum claim remains pending six calendar months after it was made.

(2) Any such asylum seeker, and his dependants if any, shall immediately become eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act nor sections 8, 9, 10 and 11 and Schedule 1 to the Asylum and Immigration Act 1996 had been in force.'.

Passported benefits

Mr Richard Allan
Dr Vincent Cable
Mr Neil Gerrard

NC33

To move the following Clause:—

'.—An asylum seeker, his spouse and dependants shall be entitlted to free health benefits, welfare foods and free school meals as though he were in receipt of income support.'.

Part VI: commencement

Mr Richard Allan
Dr Vincent Cable

NC34

To move the following Clause:—

'.—Part VI of this Act shall not come into force until the Secretary of State has placed a report in the library of the House of Commons giving details of the average process times in the determination of—

(a) initial asylum decisions; and

(b) appeals to adjudicators against initial asylum decisions

and certifying that the average time from the lodging of an application for asylum to the determination of an adjudicator of the appeal against the initial asylum decision is less than 6 months.'.

Avoiding overcrowding in asylum-seekers' accommodation

Sir Norman Fowler
Mr James Clappison
Mr John Greenway

NC36

To move the following Clause:—

'.—(1) In exercising his powers to provide, or arrange for the provision of, support for asylum seekers and their dependants under Part VI the Secretary of State shall have regard to the need to avoid overcrowding in accommodation occupied by asylum seekers and their dependants both before and after the provision of such support.

(2) "Overcrowding" shall be defined as in sections 324 to 326 of the Housing Act 1985.'.

Payments to meet special or exceptional need

Mr Richard Allan
Dr Vincent Cable

NC37

To move the following Clause:—

'.—The Secretary of State shall make additional payments either in kind and/or in cash to meet special or exceptional need and shall prescribe what additional items and expenses shall be met to safeguard the living conditions and health of asylum seekers.'.

Essential living needs: children's rights

Mr Richard Allan
Dr Vincent Cable

NC38

To move the following Clause:—

'.—When exercising his power to make provision for the essential living needs of asylum seekers and their dependants under section 74 the Secretary of State shall exercise his powers in accordance with all the Articles of the UN Convention on the Rights of the Child.'.

Codes of practice on the exercise of powers under Part VII

Ms Diane Abbott

NC39

*To move the following Clause:—

'.—(1) The Secretary of State shall issue codes of practice in connection with—

(a) the exercise by immigration officers, or any other persons, of the powers contained in Part VII of this Act—

(i) to search for and arrest persons;

(ii) to enter and search premises; and

(iii) to search persons; and

(b) the seizure of material found by immigration officers on persons or premises.

(2) Any person exercising powers under Part VII of this Act will be bound by a disciplinary code, which shall be attached to the codes of practice.

(3) A failure on the part of an immigration officer or other person to abide by any of the provisions of the codes of practice shall raise a presumption against the admissibility of any evidence obtained in exercise of these powers in any hearings before the Immigration Appellate Authority, the High Court or Court of Appeal.

(4) A failure to abide by procedures contained within the codes of practice shall also lead to disciplinary charges being laid against the officer or officers concerned.'.

Immigration Complaints Authority

Ms Diane Abbott

NC40

*To move the following Clause:—

'.—The Secretary of State shall establish an independent Immigration Complaints Authority to deal with complaints arising from the exercise of the powers contained in Part VII of the Act.'.

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—

(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. 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.'.




©Parliamentary copyright 1998	Prepared 11 May 1999