Nationality, Immigration and Asylum Bill

[back to previous text]

Simon Hughes: I was not suggesting that we should not have a red card system. I understand that there must be a sanction and that people need to know there is one. I shall reflect on what the Minister has said. She spotted a part of the appeal process that I concede I had not spotted before. That is what comes of having more influential friends to give advice on such matters than I have. However, we are grateful for what she said and will reflect on it. For the time being, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Column Number: 190

Clause 26, as amended, ordered to stand part of the Bill

Clause 27

Financial contribution by resident

Simon Hughes: I beg to move amendment No. 190, in page 14, line 3, leave out 'become realisable' and insert

    'has been realised and are under the control of the applicant'.

The Chairman: With this we may take amendment No. 191, in page 14, line 8, leave out paragraph (b).

Simon Hughes: It might be better to have a multi-party system, as there might then be more opportunities for other people to say something.

6.43 pm

Sitting suspended for Divisions in the House.

7.28 pm

On resuming—

It being after Seven o'clock, The Chairman proceeded, pursuant to Sessional Order C [28 June 2001], to put forthwith the Question already proposed from the Chair.

Amendment negatived.

The Chairman then proceeded to put forthwith the Questions necessary to dispose of the business to be concluded at that time.

Clause 27 ordered to stand part of the Bill.

Clause 28


Amendment made: No. 111, in page 14, line 33, at end insert—

    '( ) In this section a reference to an accommodation centre includes a reference to premises in which accommodation is provided under section 22(b).'.—[Angela Eagle.]

Clause 28, as amended, ordered to stand part of the Bill.

Clause 29

Ancillary provisions

Amendments made: No 112, in page 14, line 41, at end insert—

    '( ) section 108 (failure of sponsor to maintain),'.

No. 113, in page 14, line 43, at end insert—

    '( ) section 113 (recovery of expenditure from sponsor),'.

No. 114, in page 15, line 5, at end insert—

    '( ) In the application of section 113 a reference to section 95 of that Act shall be treated as a reference to section 15 of this Act.'.—[Angela Eagle.]

Clause 29, as amended, ordered to stand part of the Bill.

Clause 30

Education: General

Amendments made: No. 153 in page 15, line 11, leave out subsection (2).

No. 198, in page 15, line 18, leave out

Column Number: 191

    'unless the school or nursery is'

and insert—

    '(3A) But subsection (3) does not prevent a child's admission to a school which is—

    (a) a community special school or a foundation special school, and

    (b) '.

No. 199, in page 15, line 21, leave out 'subsection (3)' and insert 'subsections (3) and (3A)'.

No. 154, in page 15, line 31, at end insert—

    '() section 94 of that Act (appeal),'.

No. 155, in page 15, line 32, after 'school),' insert—

    '() section 316(3) of that Act (child with special educational needs to be educated in mainstream school),'.

No. 200, in page 15, line 34, at end insert—

    '( ) The power of the Special Educational Needs Tribunal under section 326(3) of the Education Act 1996 (c.56) (appeal against content of statement) is subject to subsection (3) above.'.

No. 115, in page 15, line 38, leave out '25(1)(g)' and insert '25(1)(f)'.

No. 156, in page 15, line 40, after 'for,', insert—

    '(aa) the provision of efficient education for other children who are residents of the centre,'.

No. 157, in page 15, line 41, at end insert—

    '() A person may rely on subsection (6)(aa) only where there is no action—

    (a) which could reasonably be taken by that person or by another person who exercises functions, or could exercise functions, in respect of the accommodation centre concerned, and

    (b) as a result of which subsection (6)(aa) would not apply.'.

No. 158, in page 16, line 3, at end insert—

    '() Subsections (1), (3) and (5) shall not apply in relation to an accommodation centre if education is not provided for children who are residents of the centre under section 25(1)(f).'—[Angela Eagle.]

Clause 30, as amended, ordered to stand part of the Bill.

Clause 31

Education: Special cases

Amendments made: No. 159, in page 16, line 12, leave out 'provide' and insert

Column Number: 192

    'arrange for the provision of'.

No. 160, in page 16, line 12, leave out 'which' and insert 'whom'.

No. 161, in page 16, line 13, leave out 'which' and insert 'whom'.

No. 162, in page 16, line 19, leave out 'for the school'.

No. 163, in page 16, line 20, leave out 'which' and insert 'whom'.

No. 164, in page 16, line 24, leave out from 'size),' to end of line 26.

No. 165, in page 16, line 29, at end insert—

    '() In the case of a maintained school for which the local education authority are the admission authority, the authority may not arrange for the admission of a child to whom this section applies unless the authority has notified the school in accordance with regulations made by the Secretary of State.'.—[Angela Eagle.]

Clause 31, as amended, ordered to stand part of the Bill.

Clause 32

''Prescribed'': orders and regulations

Amendment made: No. 201, in page 17, line 9, at end insert—

    '( ) section [Withdrawal of support under Part 2],'.—[Angela Eagle.]

Clause 32, as amended, ordered to stand part of the Bill.

Clause 33


Amendment made: No. 116, in page 17, line 28, leave out paragraphs (c) and (d).—[Angela Eagle.]

Clause 33, as amended, ordered to stand part of the Bill.

Further consideration adjourned.—[Mrs. McGuire.]

Adjourned accordingly at twenty-nine minutes to Eight o'clock till Tuesday 14 May at half-past Ten o'clock.

The following Members attended the Committee:
Illsley, Mr. Eric
Hurst, Mr. Alan (Chairmen)
Barker, Mr.
Buck, Ms
Dhanda, Mr.
Eagle, Angela
Gapes, Mike
Gerrard, Mr.
Gillan, Mrs.
Hughes, Simon
Lammy, Mr.
Lazarowicz, Mr.
McGuire, Mrs.
Malins, Mr.
Prosser, Mr.
Rooney, Mr.
Watkinson, Angela
Winterton, Ms Rosie

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