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

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Repeal of section 55 of the Nationality, Immigration and Asylum Act 2002

   

Mr Neil Gerrard
Mr Iain Coleman
Ms Karen Buck
Mr Hilton Dawson
Harry Cohen
Mr Robert Marshall-Andrews

NC1

To move the following Clause:—

       'Section 55 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (late claim for asylum: refusal of support) shall cease to have effect.'.


Initial decisions

   

Mr Humfrey Malins
Angela Watkinson

NC8

To move the following Clause:—

    '(1)   Initial decisions by the Secretary of State on asylum applications shall be made and notified to the applicant within six weeks of the application being made.

    (2)   Notice of appeal from the decision of the Secretary of State to the Asylum and Immigration Tribunal ("the Tribunal")—

      (a) must be made in writing;

      (b) must be lodged with the Tribunal within 14 days of the decision appealed against, and

      (c) must list all the grounds on which the appeal is made.

    (3)   Within 14 days of receipt of the notice of appeal the Tribunal shall hold a direction hearing at which all parties to the appeal shall be present.'.


Detention by Secretary of State

   

Annabelle Ewing

NC9

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 the 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.".'.


Detention of children: assessment

   

Annabelle Ewing
Mr Mark Oaten
Mr David Heath

NC10

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)   After subsection (9) insert the following new subsection—

      "(9A) Where a 'detained person' within the meaning of section 147 of the Immigration and Asylum Act 1999, as amended by this section, is under the age of 18—

      (a) an independent assessor appointed by the Department for Education and Skills or the appropriate executive body in the country must visit the detained person as soon as practicable after detention and at seven day intervals thereafter for as long as the person remains detained to carry out on each visit an assessment into the welfare, developmental and educational needs of the detained person;

      (b) all assessments under this section shall be guided by the principles set out in the United Nations Convention on the Rights of the Child and The Children Act 1989, The Children (Scotland) Act 1995 or The Children (Northern Ireland) (Order) 1995 (S.I. 1995/755);

      (c) reports of the assessment shall contain advice on the compatibility of detention with the welfare of the child and must be sent to the Chief Immigration Officer responsible for reviewing the detention, the detained person, and the detained person's legal representative, if any; and

      (d) when a Chief Immigration Officer receives a report of an assessment carried out under this section he must review the decision to continue detention in the light of the advice contained in the assessment and send his decision on review, with the reasons for the decision, to the independent assessor who carried out the assessment, the detained person, and the detained person's legal representative, if any.".'.


Routine bail hearings for minors

   

Annabelle Ewing
Mr Mark Oaten
Mr David Heath

NC11

To move the following Clause:—

    '(1)   This section applies if a "detained person" within the meaning of section 147 of the Immigration and Asylum Act 1999, as amended by section 62 of the Immigration, Nationality and Asylum Act 2002 (c. 41) (detention by the Secretary of State) is detained together with a dependant under the age of 18.

    (2)   The Secretary of State must arrange a reference to the court for it to determine whether the detained person and his dependant or dependants should be released on bail.

    (3)   The Secretary of State must secure that a first reference to the court is made no later than the eighth day following that on which the detained person was detained.

    (4)   If the detained person or his dependants or both remain in detention, the Secretary of State must secure that a second reference to the court is made no later than the thirty-sixth day following that on which the detained person was detained.

    (5)   The court hearing a case referred to it under this section must proceed as if the detained person and his dependant or dependants had made an application to it for bail.

    (6)   The Secretary of State may by regulations make new provision in relation to applications for bail by persons detained under this section.

    (7)   The regulations may confer a right to be released on bail in prescribed circumstances.

    (8)   The regulations may in particular make provision—

      (a) creating or transferring jurisdiction to hear an application for bail by a person to whom this section applies;

      (b) as to the places in which such an application may be held;

      (c) as to the procedure to be followed on, or in connection with, such an application;

      (d) amending or repealing any enactment so far as it relates to such an application.

    (9)   Regulations under this section require the approval of the Lord Chancellor.

    (10)   In so far as regulations under this section relate to the Sheriff or the Court of Session, the Lord Chancellor must obtain the consent of the Scottish Ministers before giving his approval.'.


Determination of claim for asylum

   

Lynne Jones

NC12

To move the following Clause:—

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

      "(3) For the purposes of this Part, a claim for asylum is determined at the end of such period beginning—

      (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.".'.


PROGRAMME ORDER OF THE HOUSE [17th DECEMBER 2003]

That the following provisions shall apply to the Asylum and Immigration (Treatment of Claimants etc.) Bill:

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 27th January 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further message from the Lords) may be programmed.


ASYLUM AND IMMIGRATION (TREATMENT OF CLAIMANTS ETC.)
BILL (PROGRAMME) (NO. 2)

   

Mr Secretary Blunkett
Mr Peter Hain
That—     (1)   Paragraphs 4 and 5 of the Programme Order of 17th December 2003 shall be omitted;

    (2)   proceedings on consideration and Third Reading shall be taken at today's sitting in the order shown in the following table, and shall (so far as not previously concluded) be brought to a conclusion at the time specified in the second column.


TABLE
Proceedings

Time for conclusion of proceedings
Amendments relating to Clauses 1 and 2, Clause 6, Clause 15, Clauses 3 to 5.1 hour 15 minutes after commencement of proceedings on consideration.
Amendments relating to Clauses 7 to 10.2 hours 30 minutes after commencement of proceedings on consideration.
Amendments relating to Clause 11, Schedules 1 and 2, Clauses 12 and 13, Schedule 3, Clause 14, Clauses 16 to 29, Schedule 4, new Clauses, new Schedules, remaining proceedings on consideration.9 p.m.
Third Reading.10 p.m.


 
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