(1-7)

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
asylum and immigration (treatment of claimants, etc.) BILL
[The page and line references are to HL Bill 36, the bill as first printed for the Lords.]
Clause 2
1
Page 2, line 18, leave out “to prove”
2
Page 2, line 20, at beginning insert “to prove”
3
Page 2, line 21, at beginning insert “to prove”
4
Page 2, line 23, leave out second “or”
5
Page 2, line 24, at beginning insert “to prove”
6
Page 2, line 25, at end insert—

“( )
to produce a false immigration document and to prove that he used

that document as an immigration document for all purposes in

connection with his journey to the United Kingdom, or

( )
to prove that he travelled to the United Kingdom without, at any

stage since he set out on the journey, having possession of an

immigration document.”
7
Page 2, line 27, leave out “to prove”
8
Page 2, line 28, at beginning insert “to prove”
9
Page 2, line 29, at beginning insert “to prove”
10
Page 2, line 31, leave out second “or”
11
Page 2, line 32, at beginning insert “to prove”
12
Page 2, line 33, at end insert—

“( )
to produce a false immigration document and to prove that it was

used as an immigration document for all purposes in connection

with the child’s journey to the United Kingdom, or

( )
to prove that he travelled to the United Kingdom with the child

without, at any stage since he set out on the journey, having

possession of an immigration document in respect of the child.”

Bill 137 53/3

(  2  )
13
Page 3, line 45, at end insert—

“( )
For the purposes of this section—

(a)
a document which purports to be, or is designed to look like, an

immigration document, is a false immigration document, and

(b)
an immigration document is a false immigration document if and in

so far as it is used—

(i)
outside the period for which it is expressed to be valid,

(ii)
contrary to provision for its use made by the person issuing

it, or

(iii)
by or in respect of a person other than the person to or for

whom it was issued.”
After Clause 5
14
Insert the following new Clause—

“Employment

(1)
For section 8(4) of the Asylum and Immigration Act 1996 (c. 49)

(employment: penalty) substitute—

“(4)
A person guilty of an offence under this section shall be liable—

(a)
on conviction on indictment, to a fine, or

(b)
on summary conviction, to a fine not exceeding the

statutory maximum.”

(2)
Section 8(9) of that Act (extension of time limit for prosecution) shall cease

to have effect.”
After Clause 8
15
Insert the following new Clause—

“Failed asylum seekers: accommodation

(1)
At the end of section 4 of the Immigration and Asylum Act 1999 (c. 33)

(provision of accommodation for failed asylum seekers, &c.) add—

“(5)
The Secretary of State may make regulations specifying criteria to

be used in determining—

(a)
whether or not to provide accommodation, or arrange for

the provision of accommodation, for a person under this

section;

(b)
whether or not to continue to provide accommodation, or

arrange for the provision of accommodation, for a person

under this section.

(6)
The regulations may, in particular—

(a)
provide for the continuation of the provision of

accommodation for a person to be conditional upon his

performance of or participation in community activities in

accordance with arrangements made by the Secretary of

State;

(  3  )

(b)
provide for the continuation of the provision of

accommodation to be subject to other conditions;

(c)
provide for the provision of accommodation (or the

continuation of the provision of accommodation) to be a

matter for the Secretary of State’s discretion to a specified

extent or in a specified class of case.

(7)
For the purposes of subsection (6)(a)—

(a)
“community activities” means activities that appear to the

Secretary of State to be beneficial to the public or a section of

the public, and

(b)
the Secretary of State may, in particular—

(i)
appoint one person to supervise or manage the

performance of or participation in activities by

another person;

(ii)
enter into a contract (with a local authority or any

other person) for the provision of services by way of

making arrangements for community activities in

accordance with this section;

(iii)
pay, or arrange for the payment of, allowances to a

person performing or participating in community

activities in accordance with arrangements under

this section.

(8)
Regulations by virtue of subsection (6)(a) may, in particular,

provide for a condition requiring the performance of or

participation in community activities to apply to a person only if the

Secretary of State has made arrangements for community activities

in an area that includes the place where accommodation is

provided for the person.

(9)
A local authority or other person may undertake to manage or

participate in arrangements for community activities in accordance

with this section.”

(2)
In section 166(5) of that Act (regulations: affirmative instrument) before

paragraph (a) insert—

“(za)
section 4(5),”.

(3)
In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for

asylum-seekers: appeal) as it has effect before the commencement of

section 53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)—

(a)
after subsection (2) insert—

“(2A)
If the Secretary of State decides not to provide

accommodation for a person under section 4, or not to

continue to provide accommodation for a person under

section 4, the person may appeal to an adjudicator.”, and

(b)
in subsections (6) and (7) for “section 95” substitute “section 4 or

95”.

(4)
In section 103 of the Immigration and Asylum Act 1999 (c. 33) (support for

asylum-seekers: appeal) as it has effect after the commencement of section

53 of the Nationality, Immigration and Asylum Act 2002 (c. 41)—

(a)
for subsection (1) substitute—

(  4  )

“(1)
This section applies where a person has applied for support

under all or any of the following provisions—

(a)
section 4,

(b)
section 95, and

(c)
section 17 of the Nationality, Immigration and

Asylum Act 2002 (c. 41).”,

(b)
in subsection (4)(a) for “the other provision” substitute “another of

those provisions”, and

(c)
in subsection (7) for “subsection (1)(a) or (b)” substitute “subsection

(1)”.

(5)
In section 103A of the Immigration and Asylum Act 1999 (c. 33) (appeal

about location of support) in subsection (1) (and in the heading) for “section

95” substitute “section 4 or 95”.

(6)
In an amendment made by this section a reference to providing

accommodation includes a reference to arranging for the provision of

accommodation.

(7)
Regulations under section 4(5)(b) of the Immigration and Asylum Act 1999

(c. 33) (as inserted by subsection (1) above) may apply to persons receiving

support under section 4 when the regulations come into force.”
16
Insert the following new Clause—

“Accommodation for asylum seekers: local connection

(1)
At the end of section 199 of the Housing Act 1996 (c. 52) (local connection)

add—

“(6)
A person has a local connection with the district of a local housing

authority if he was (at any time) provided with accommodation in

that district under section 95 of the Immigration and Asylum Act

1999 (c. 33) (support for asylum seekers).

(7)
But subsection (6) does not apply—

(a)
to the provision of accommodation for a person in a district

of a local housing authority if he was subsequently

provided with accommodation in the district of another

local housing authority under section 95 of that Act, or

(b)
to the provision of accommodation in an accommodation

centre by virtue of section 22 of the Nationality,

Immigration and Asylum Act 2002 (c. 41) (use of

accommodation centres for section 95 support).

(2)
Subsection (3) applies where—

(a)
a local housing authority would (but for subsection (3)) be obliged

to secure that accommodation is available for occupation by a

person under section 193 of the Housing Act 1996 (c. 52) (homeless

persons),

(b)
the person was (at any time) provided with accommodation in a

place in Scotland under section 95 of the Immigration and Asylum

Act 1999 (c. 33) (support for asylum seekers),

(c)
the accommodation was not provided in an accommodation centre

by virtue of section 22 of the Nationality, Immigration and Asylum

Act 2002 (c. 41) (use of accommodation centres for section 95

support), and

(  5  )

(d)
the person has neither—

(i)
a local connection with the district of a local housing

authority (in England or Wales) within the meaning of

section 199 of the Housing Act 1996 (c. 52) as amended by

subsection (1) above, nor

(ii)
a local connection with a district (in Scotland) within the

meaning of section 27 of the Housing (Scotland) Act 1987

(c. 26).

(3)
Where this subsection applies—

(a)
the duty of the local housing authority under section 193 of the

Housing Act 1996 (c. 52) in relation to the person shall not apply,

but

(b)
the local housing authority—

(i)
may secure that accommodation is available for occupation

by the person for a period giving him a reasonable

opportunity of securing accommodation for his occupation,

and

(ii)
may provide the person (or secure that he is provided with)

advice and assistance in any attempts he may make to

secure that accommodation becomes available for his

occupation.”
17
Insert the following new Clause—

“Refugee: back-dating of benefits

(1)
Section 123 of the Immigration and Asylum Act 1999 (c. 33) (back-dating of

benefits for refugees) shall cease to have effect.

(2)
Accordingly (and without prejudice to any other implied repeal,

revocation or amendment) the following (each of which concerns the

treatment of refugees) lapse—

(a)
in the Income Support (General) Regulations 1987 (S.I. 1987/

1967)—

(i)
regulation 21ZB,

(ii)
paragraph 18A of Schedule 1B, and

(iii)
paragraph 57 of Schedule 9,

(b)
in the Income Support (General) Regulations (Northern Ireland)

1987 (S.R. 1987 No. 459)—

(i)
regulation 21A,

(ii)
paragraph 18A of Schedule 1B, and

(iii)
paragraph 57 of Schedule 9,

(c)
in the Social Security (Claims and Payments) Regulations 1987 (S.I.

1987/1968)—

(i)
regulation 4(3C),

(ii)
regulation 6(4D), and

(iii)
regulation 19(8),

(d)
in the Social Security (Claims and Payments) Regulations

(Northern Ireland) 1987 (S.R. 1987 No. 465)—

(i)
regulation 4(3C),

(ii)
regulation 6(4D), and

(iii)
regulation 19(8),

(  6  )

(e)
in the Housing Benefit (General) Regulations 1987 (S.I. 1987/

1971)—

(i)
regulation 7B,

(ii)
Schedule A1,

(iii)
paragraphs 61 and 62 of Schedule 4, and

(iv)
paragraphs 50 and 51 of Schedule 5,

(f)
in the Housing Benefit (General) Regulations (Northern Ireland)

1987 (S.R. 1987 No. 461)—

(i)
regulation 7B,

(ii)
Schedule A1,

(iii)
paragraphs 62 and 63 of Schedule 4, and

(iv)
paragraphs 48 and 49 of Schedule 5, and

(g)
in the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/

1814)—

(i)
regulation 4D,

(ii)
Schedule A1,

(iii)
paragraphs 60 and 61 of Schedule 4, and

(iv)
paragraphs 50 and 51 of Schedule 5.

(3)
Regulation 12(1) and (2) of the Social Security (Immigration and Asylum)

Consequential Amendments Regulations 2000 (S.I. 2000/636) (which save

for transitional purposes the effect of provision made for back-payment of

benefits for refugees under section 11(2) of the Asylum and Immigration

Act 1996 (c. 49)) shall cease to have effect.

(4)
Regulation 11(1) and (2) of the Social Security (Immigration and Asylum)

Consequential Amendments Regulations (Northern Ireland) 2000 (S.R.

2000 No. 71) (which make similar transitional savings) shall cease to have

effect.

(5)
An order under section 35 bringing this section into force may, in

particular, provide for this section to have effect in relation to persons

recorded as refugees after a specified date (irrespective of when the process

resulting in the record was begun).”
18
Insert the following new Clause—

“Integration loan for refugees

(1)
The Secretary of State may make regulations enabling him to make loans to

refugees.

(2)
A person is a refugee for the purpose of subsection (1) if the Secretary of

State has—

(a)
recorded him as a refugee within the meaning of the Convention

relating to the Status of Refugees done at Geneva on 28 July 1951,

and

(b)
granted him indefinite leave to enter or remain in the United

Kingdom (within the meaning of section 33(1) of the Immigration

Act 1971 (c. 77)).

(3)
Regulations under subsection (1)—

(a)
shall specify matters which the Secretary of State shall, in addition

to other matters appearing to him to be relevant, take into account

(  7  )

in determining whether or not to make a loan (and those matters

may, in particular, relate to—

(i)
a person’s income or assets,

(ii)
a person’s likely ability to repay a loan, or

(iii)
the length of time since a person was recorded as a refugee),

(b)
shall enable the Secretary of State to specify (and vary from time to

time) a minimum and a maximum amount of a loan,

(c)
shall prevent a person from receiving a loan if—

(i)
he is under the age of 18,

(ii)
he is insolvent, within a meaning given by the regulations,

or

(iii)
he has received a loan under the regulations,

(d)
shall make provision about repayment of a loan (and may, in

particular, make provision—

(i)
about interest;

(ii)
for repayment by deduction from a social security benefit or

similar payment due to the person to whom the loan is

made),

(e)
shall enable the Secretary of State to attach conditions to a loan

(which may include conditions about the use of the loan),

(f)
shall make provision about—

(i)
the making of an application for a loan, and

(ii)
the information, which may include information about the

intended use of a loan, to be provided in or with an

application,

(g)
may make provision about steps to be taken by the Secretary of

State in establishing an applicant’s likely ability to repay a loan,

(h)
may make provision for a loan to be made jointly to more than one

refugee, and

(i)
may confer a discretion on the Secretary of State.

(4)
Regulations under this section—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before and approved

by resolution of each House of Parliament.”
Clause 9
19
Page 11, line 22, leave out “and”
20
Page 11, line 29, at end insert—

“( )
an offence under any of sections 57 to 59 of the Sexual Offences Act

2003 (c. 42) (trafficking for sexual exploitation),

( )
an offence under section 22 of the Criminal Justice (Scotland) Act

2003 (asp 7) (trafficking in prostitution), and

( )
an offence under section 4 of this Act.”
After Clause 13
21
Insert the following new Clause—