Vote Bundle Text (920607-02)

Amendments proposed to the Nationality, Immigration And Asylum Bill, As Amended - continued	House of Commons

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Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

Page 12, line 36 [Clause 26], leave out 'The Secretary of State may' and insert 'It shall be the duty of the Secretary of State to'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 12, line 36 [Clause 26], leave out 'may' and insert 'shall'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

166

*Page 13, line 6 [Clause 26], at end insert—

'( )	independent legal advice and representation'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

167

*Page 13, line 7 [Clause 26], leave out paragraphs (i) and (j).

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

Page 13, line 11 [Clause 26], at end insert—

'(k)	such legal representation and advice as is reasonably required by an asylum applicant in connection with an application for asylum or any appeal resulting therefrom'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

168

*Page 13, line 11 [Clause 26], at end insert—

'(1A) The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre—

(a)	anything which the Secretary of State thinks ought to be provided for the purpose of providing a resident with proper occupation and for the purpose of maintaining good order,

(b)	anything which the Secretary of State thinks ought to be provided for a person because of his exceptional circumstances.'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 13, line 15 [Clause 26], leave out paragraph (b).

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 13, line 28 [Clause 27], at end insert 'which shall not be more than 15 hours per day'.

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

133

*Page 13, line 34 [Clause 27], leave out 'any dependant' and insert 'a spouse'.

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

136

*Page 13, line 34 [Clause 27], leave out 'and any dependant of his'.

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

137

*Page 13, line 39 [Clause 27], leave out 'resident and any dependant of his' and insert 'dependant'.

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

138

*Page 13, line 40 [Clause 27], leave out 'resident and any dependant of his' and insert 'dependant'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 14, line 1 [Clause 27], leave out subsection (7).

Mr Oliver Letwin
Mr Humfrey Malins
Mrs Cheryl Gillan
Angela Watkinson
Mr Gregory Barker

131

*Page 14, line 10 [Clause 27], at end insert—

'(10)

a resident who is required to leave the centre under subsections (4) or (5) may appeal to an adjudicator under Part 5 of this Act.'.

Mr Neil Gerrard
Ms Karen Buck
Julie Morgan
Mr Iain Coleman
Mr Marsha Singh
Mr Andrew Dismore

Dr Brian Iddon Mr Harold Best

Page 15, line 31, leave out Clause 31.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 15, line 35 [Clause 31], at end insert ', other than in the circumstances described in subsection (12).'.

Mr Secretary Blunkett

259

*Page 16, line 38 [Clause 31], after 'school', insert '(for which purpose a reference to the appropriate authority shall be taken as a reference to the person (or persons) responsible for the provision of education at the accommodation centre)'.

Mr Secretary Blunkett

260

*Page 16, line 38 [Clause 31], after 'school,', insert—

'( )	section 329A of the Education Act 1996 (c.56) (review or assessment of educational needs at request of responsible body) shall have effect as if—

(i)	an accommodation centre were a relevant school for the purposes of that section,

(ii)	a child for whom education is provided at an accommodation centre under section 26(1)(f) were a registered pupil at the centre, and

(iii)

a reference in section 329A to the responsible person in relation to an accommodation centre were a reference to any person providing education at the centre under section 26(1)(f),'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 16, line 46 [Clause 31], at end insert—

'(12) The provisions under this section shall not apply to a child who is a resident of an accommodation centre if that child has been resident in an accommodation centre of the United Kingdom for a period of 6 months or more.'.

Mr Neil Gerrard
Ms Karen Buck
Julie Morgan
Mr Iain Coleman
Mr Marsha Singh
Mr Andrew Dismore

Dr Brian Iddon Mr Harold Best

Page 17, line 1, leave out Clause 32.

Mr Secretary Blunkett

215

*Page 17, line 41 [Clause 33], at end insert—

'( )	include consequential, transitional or incidental provision.'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 17, line 43 [Clause 33], leave out subsection (4).

Mr Secretary Blunkett

257

*Page 18, line 9 [Clause 33], leave out 'and'.

Mr Secretary Blunkett

258

*Page 18, line 10 [Clause 33], at end insert ', and

( ) section 35.'.

Simon Hughes
Mr Richard Allan
Norman Baker
John Barrett
Annette Brooke
Bob Russell

Page 18, line 11 [Clause 33], leave out 'Regulations under section 27' and insert 'Orders or regulations under this Part'.

Annabelle Ewing
Mr Elfyn Llwyd
Mr Alex Salmond
Mr Simon Thomas
Pete Wishart
Adam Price

106

Page 18, line 16 [Clause 34], at end insert—

'( ) Section 26(1)(f) above (except insofar as it relates to education and training of those aged over 18) does not apply in respect of any accommodation centre established in Scotland.'.

Annabelle Ewing
Mr Elfyn Llwyd
Mr Alex Salmond
Mr Simon Thomas
Pete Wishart
Adam Price

105

Page 18, line 17 [Clause 34], leave out subsections (2) and (3).

Mr Mark Lazarowicz
Mr Russell Brown
David Hamilton
Mr Frank Doran

Page 18, line 18 [Clause 34], at end insert 'but no such order shall be made unless he has consulted the Scottish Ministers'.

NEW CLAUSES RELATING TO APPEALS

Appeal from within United Kingdom: unfounded human rights or asylum claim

Mr Secretary Blunkett

NC14

*To move the following Clause:—

'(1) This section applies to an appeal under section 66(1) against an immigration decision on an application which is made wholly or partly on either or both of the grounds specified in section 77(4)(a) and (b).

(2) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that the application mentioned in subsection (1) above is clearly unfounded in so far as made on the grounds specified in section 77(4)(a) or (b) (or both).

(3) A person who is in the United Kingdom may not bring an appeal to which this section applies in reliance on section 77(4) if the Secretary of State certifies that—

(a)	it is proposed to remove the person to a country of which he is not a national or citizen, and

(b)	there is no reason to believe that the person's rights under the Human Rights Convention will be breached in that country.

(4) In determining whether a person in relation to whom a certificate has been issued under subsection (3) may be removed from the United Kingdom, the country specified in the certificate is to be regarded as—

(a)	a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion, and

(b)	a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(5) Where a person in relation to whom a certificate is issued under this section subsequently brings an appeal under section 66(1) while outside the United Kingdom, the appeal shall be considered as if he had not been removed from the United Kingdom.'.