Vote Bundle Text (940115-02)

Amendments proposed to the Asylum and Immigration (treatment of Claimants, Etc.) Bill - continued	House of Commons

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Beverley Hughes

116

Schedule 2, page 30, line 37, leave out from 'completed,' to end of line 40.

Mr Humfrey Malins
Angela Watkinson

Schedule 2, page 31, line 36, leave out 'other members and'.

Mr Mark Oaten
Mr David Heath

128

Schedule 2, page 33, line 15, at end insert—

'28A	A member of the Asylum and Immigration Tribunal shall be known as an adjudicator.'.

Mr Mark Oaten
Mr David Heath

Clause 11, page 13, line 17, leave out 'or other'.

Mr Mark Oaten
Mr David Heath

Clause 11, page 13, line 17, at end insert 'or'.

Mr Mark Oaten
Mr David Heath

Clause 11, page 13, line 18, leave out from 'opinion' to end of line 20.

Mr Andrew Turner

124

Clause 11, page 13, line 31, at end add—

'(4) The Secretary of State shall—

(a)	cause to be maintained a record of the use of legal aid for purposes connected with this and the principal Act;

(b)	regularly review the success of legal practitioners in pursuing with the assistance of legal aid cases under this and the principal Act and the extent to which they have pursued unfounded human rights or asylum claims;

(c)	publish statistics on the cost and success rate of each legal practitioner; and

(d)	withdraw from eligibility to receive legal aid payments practitioners who in his opinion are not achieving good value for money.'.

Mr Mark Oaten
Mr David Heath

Clause 16, page 18, line 14, leave out from 'dwelling' to end of line 21 and insert—

'(7A) Nothing in this section shall authorise the disclosure of documents or information subject to legal privilege.'.

Mr Mark Oaten
Mr David Heath

Clause 16, page 18, line 23, leave out 'or a justice of the peace'.

Mr Humfrey Malins
Angela Watkinson

Clause 20, page 20, line 43, at end add—

'(6) No fee shall be prescribed under the provisions of this section in respect of any application or process in respect of a student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or a dependent of such a person.'.

Mr Humfrey Malins
Angela Watkinson

Clause 20, page 20, line 43, at end add—

'(6) Instruments prescribing fees under the provisions of this section shall ensure that no student, prospective student, student nurse, postgraduate doctor, postgraduate dentist, trainee general practitioner, academic visitor or dependent of such a person shall have to pay more than once in any period of ten years a fee that exceeds the administrative cost of determining the application or undertaking the process.'.

Mr Humfrey Malins
Angela Watkinson

Clause 20, page 20, line 43, at end add—

'(6) No fees shall be prescribed using the powers conferred in this section unless the Secretary of State has first given at least three months' notice of his intentions and consulted with bodies and individuals appearing to him to represent the interests of those affected.'.

NEW CLAUSES

Duty of carrier in relation to travel documents

Mr Humfrey Malins
Angela Watkinson

NC1

To move the following Clause:—

'(1) A carrier of a person from outside the United Kingdom to a United Kingdom airport commits an offence if it fails to present the person's travel documents, or a copy of those documents, to an immigration officer in the United Kingdom on request.

(2) A carrier guilty of an offence under this section shall be liable to a fine not exceeding the statutory maximum for any one offence.

(3) A carrier shall be entitled to be reimbursed by the Secretary of State all reasonable costs incurred by it in relation to this section.'.

Charges

Mr Humfrey Malins
Angela Watkinson

NC2

To move the following Clause:—

'At the end of section 5 of the Immigration and Asylum Act 1999 (c.33)(charges) add—

"(8) Regulations made under this section may confer discretion on the Secretary of State or another person to waive or to refund all or part of any fee in cases when, in the opinion of the Secretary of State or any person designated under the regulations, mistakes have been made, insufficient leave has been given, delays have occurred, passports have been lost or misdirected, or payments have been mishandled.".'.

Impounding of craft

Mr Andrew Turner

NC3

To move the following Clause:—

'(1) An immigration officer may impound a craft used to transport a person to the United Kingdom if it appears to him that that craft may be used or may have been used for an offence under section 2.

(2) The craft shall be released to its provider if—

(a)	it appears to the immigration officer that no offence has been committed, or

(b)	the provider of the craft notifies the officer of the craft's next destination, being outside the United Kingdom, and agrees to remove the person whom the immigration officer suspects of committing the offence with the craft to that destination.

(3) In this section—

"craft" means any boat, ship, aeroplane, hovercraft, balloon, airship, rocket, train, tractor, motor-car, carriage or any other movable structure used in the commission of an offence under subsections (1) and (2) of section 2;

"provider" means the person having charge of the craft.'.

Failure to report to immigration officer upon arrival in United Kingdom

Mr Andrew Turner

NC4

To move the following Clause:—

'(1) A person commits an offence if he fails to report to an immigration officer upon arrival in the United Kingdom.

(2) It is a defence for a person charged with an offence under subsection (1) to prove that he arrived at a non-canalized port but contacted an immigration officer and—

(a)	left an address at which the person could be contacted during the ensuing seven days; and

(b)	left the name of a person with the right of abode in the United Kingdom who would take responsibility for any cost falling to be met by public funds of his stay in the United Kingdom.

(3) In this section "non-canalized port" means an airport, harbour or other landfall (whether reached by land, sea or air) at a time when no immigration officer is on duty.'.

Provision of passenger information

Mr Mark Oaten
Mr David Heath

NC5

To move the following Clause—

' In paragraph 27(2) of Schedule 2 to the Immigration Act 1971, after sub-sub-paragraph (a), insert—

"(aa) a photocopy or electronic copy of each passenger's passport or travel document;".'.

Obstruction of immigration officer

Mr Andrew Turner

NC6

To move the following Clause:—

'It shall be an offence to obstruct an immigration officer in the course of his duties.'.

Interpretation of Refugee Convention

Mr Andrew Turner

NC7

To move the following Clause:—

'(1) In Article 31 of the Refugee Convention—

"directly" means without transit through or landfall (whether by land, sea or air) in a safe country.

(2) In subsection (1)—

"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its protocol;

"safe country" include the countries listed in paragraph 2 of Schedule 3 to this Act and such other countries as the Secretary of State may designate.'.

Detention by Secretary of State

Mr Neil Gerrard

NC8

To move the following Clause:—

'(1) Section 62 of the Immigration, Nationality and Asylum Act 2002 (c.41) (detention by the Secretary of State) shall be amended as follows.

(2) In subsection (1) insert the words "over the age of eighteen" after the word "person" in the first line.

(3) After subsection (3) insert—

"(3A)

A provision of Schedule 2 to that Act about a person who is detained or liable to detention under that Schedule shall only apply to a person over the age of eighteen.

(3B)	Nothing in Schedule 2 to that Act or in this section shall permit the detention of a person if the result of that detention would be the detention of a person under the age of eighteen.".'.

Late claim for asylum: refusal of support: appeals

Mr Mark Oaten
Mr David Heath

NC9

To move the following Clause:—

'In section 55 of the Nationality, Immigration and Asylum Act 2002 (late claim for asylum: refusal of support), omit subsection (10).'.

Asylum support: back payments

Mr Mark Oaten
Mr David Heath

NC10

To move the following Clause:—

'In Schedule 8 of the Immigration and Asylum Act 1999 (provision of support: regulations) after paragraph 12, insert—

Termination of NASS support

Mr Mark Oaten
Mr David Heath

NC11

To move the following Clause:—

'For subsection 94(3) of the Immigration and Asylum Act 1999 substitute—

(a)	on the day on which the Secretary of State notifies the claimant of the associated termination of his or her support, or

(b)	if the claimant has appealed against the Secretary of State's decision, and the appeal has been disposed of, on the day on which the Secretary of State notifies the appellant of the associated termination of his or her support, as may be prescribed.".'.