S.C.B.
Amendment Paper as at
Tuesday 20th January 2004
STANDING COMMITTEE B
New Amendments handed in are marked thus *
ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS, ETC.) BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [8th and 13th January].
Beverley Hughes
101
Clause 10, page 10, line 11, at end insert—
'(1A) A request under subsection (1) must assert that the Tribunal's decision would have been different but for a clear error of law by the Tribunal identified in the request.
(1B) A review shall consider only the assertion made in accordance with subsection (1A).'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
40
Clause 10, page 10, line 12, leave out 'only to written' and insert 'to written or oral'.
Beverley Hughes
102
Clause 10, page 10, line 12, at end insert—
'(2A) But if in the course of a review the Tribunal forms the opinion that the exceptional nature of the case makes it impossible properly to determine the review without an oral hearing, the Tribunal may hold an oral hearing.'.
Beverley Hughes
103
Clause 10, page 10, line 15, at end insert 'or'.
Beverley Hughes
104
Clause 10, page 10, line 16, leave out from 'decision,' to end of line 17.
Mr Humfrey Malins
Angela Watkinson
41
Clause 10, page 10, leave out lines 18 to 21.
Beverley Hughes
105
Clause 10, page 10, leave out lines 20 and 21 and insert 'would have been different but for a clear error of law by the Tribunal.'.
Beverley Hughes
Mr Humfrey Malins
Angela Watkinson
42
Clause 10, page 10, leave out lines 22 to 29.
Beverley Hughes
107
Clause 10, page 10, line 31, leave out from 'once,' to end of line 32.
Mr Mark Oaten
Mr David Heath
Annabelle Ewing
127
Clause 10, page 10, line 33, leave out subsection (7).
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
43
Clause 10, page 10, line 35, after 'court', insert 'save the Court of Appeal'.
Mr Humfrey Malins
Angela Watkinson
44
Clause 10, page 10, line 37, after 'court', insert 'save the Court of Appeal'.
Mr Humfrey Malins
Angela Watkinson
45
Clause 10, page 11, line 10, leave out from 'exercised' to end of line 15.
Annabelle Ewing
142
Clause 10, page 11, line 17, at beginning insert 'shall not'.
Annabelle Ewing
143
Clause 10, page 11, line 23, leave out from 'justice,' to end of line 31 and insert—
| '(v) | bad faith on the part of a member of the Tribunal, or |
| (vi) | any other matter, and |
(b) shall not prevent a court from reviewing a decision to issue a certificate under section 94 or 96 of this Act or under Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal to safe country).'.
Beverley Hughes
108
Clause 10, page 11, line 31, at end insert—
'(3A) A court may consider whether a member of the Tribunal has acted in bad faith, in reliance on subsection (3)(b)(ii), only if satisfied that significant evidence has been adduced of—
Beverley Hughes
109
Clause 10, page 11, line 35, after '2', insert ', 2B'.
Mr Andrew Turner
121
Clause 10, page 11, line 38, after 'section', insert '"court" includes the European Court of Justice and the European Court of Human Rights; and'.
Mr Humfrey Malins
Angela Watkinson
46
Clause 10, page 11, line 40, leave out 'may' and insert 'shall'.
Mr Humfrey Malins
Angela Watkinson
47
Clause 10, page 11, line 43, leave out 'may' and insert 'shall'.
Mr Humfrey Malins
Angela Watkinson
48
Clause 10, page 11, line 44, after 'reference', insert 'may be'.
Mr Humfrey Malins
Angela Watkinson
Mr Mark Oaten
Mr David Heath
65
Clause 10, page 12, line 9, after 'opinion', insert '(which shall be binding)'.
Beverley Hughes
110
Clause 10, page 12, line 16, at end insert 'or'.
Beverley Hughes
111
Clause 10, page 12, line 18, leave out from 'completed,' to end of line 21.
Mr Humfrey Malins
Angela Watkinson
66
Clause 10, page 12, line 28, at beginning insert 'Save with the leave of the Court of Appeal,'.
Mr Andrew Turner
120
Clause 10, page 12, line 29, at end insert—
'(6A) No appeal shall lie to the European Court of Human Rights or the European Court of Justice from any decision of an appellate court in relation to the giving of an opinion under this section.'.
Beverley Hughes
112
Clause 10, page 12, leave out lines 40 and 41.
Mr Mark Oaten
Mr David Heath
117
Page 9, line 27, leave out Clause 10.
Mr Mark Oaten
Mr David Heath
97
Schedule 1, page 24, line 7, after 'shall', insert ', after consultation with the Lord President of the Court of Session,'.
Beverley Hughes
113
Schedule 1, page 24, line 31, leave out 'as its President,' and insert ', who holds or has held high judicial office within the meaning of the Appellate Jurisdiction Act 1876 (c.59), as President of the Tribunal,'.
Beverley Hughes
114
Schedule 2, page 30, line 26, leave out from 'completed,' to end of line 29.
Beverley Hughes
115
Schedule 2, page 30, leave out line 31 and insert—
"(b) in subsection (4) for "as part of the determination of the appeal for the purposes of section 101" substitute "as part of the Tribunal's decision on the appeal for the purposes of section 105A".
Beverley Hughes
116
Schedule 2, page 30, line 37, leave out from 'completed,' to end of line 40.
Mr Humfrey Malins
Angela Watkinson
139
Schedule 2, page 31, line 23, at end insert—
'(ha) In subsection 2(n) after "service" insert "and shall provide for service of any notice of appeal on both the tribunal and on the Secretary of State".'.
Mr Humfrey Malins
Angela Watkinson
83
Schedule 2, page 31, line 36, leave out 'other members and'.
Mr Humfrey Malins
Angela Watkinson
140
Schedule 2, page 32, line 2, at end insert 'and must make provision for the tribunal to follow an active approach to the hearing of appeals notwithstanding any rule of law or practice establishing that the procedure at or before hearings shall be adversarial in character.'.
Mr Humfrey Malins
Angela Watkinson
141
Schedule 2, page 32, line 2, at end insert 'and shall make provision for the Secretary of State to be under a duty to ensure that he is represented at every appeal before the tribunal.'.
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
92
Clause 11, page 13, line 17, leave out 'or other'.
Mr Mark Oaten
Mr David Heath
93
Clause 11, page 13, line 17, at end insert 'or'.
Mr Mark Oaten
Mr David Heath
94
Clause 11, page 13, line 18, leave out from 'opinion' to end of line 20.
Beverley Hughes
129
Clause 11, page 13, line 20, at end insert—
'(1A) In section 94(4) of that Act omit paragraphs (a) to (j).'.
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.'. |
