House of Lords Amendments - Immigration and Asylum Bill

House of Lords

Session 1998-99
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Amendments to the Immigration and Asylum Bill

Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
Here you can browse the Amendments to the Immigration and Asylum Bill to be moved in Committee in the House of Lords.

Clause 20

BY THE LORD COPE OF BERKELEY

     Page 15, line 5, at end insert ("if possible before the marriage is solemnized and otherwise within seven days")

     Page 15, line 6, leave out from ("manner") to end of line 7

After Clause 59

BY THE LORD COPE OF BERKELEY

     Insert the following new Clause--

    (" .  A person who appeals under section 59 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.") Non-detention: persons under 18 years.

     Insert the following new Clause--

    ("  .--(1)  Where the claim of a person who appeals under section 59(1) to be under the age of 18 is disputed--
(a)  the Secretary of State shall ensure that an independent paediatric assessment of age is offered to that person within 72 hours of the disputed age being recorded;

(b)  a finding of "reasonable likelihood" from any such assessment shall be construed as though it were confirmation that the person is under the age of 18; and

(c)  the person shall not be detained for any period while the outcome of his appeal remains undetermined.
    (2)  A dependent child of a person who appeals under section 59 shall not be detained for any period while the outcome of the appeal remains undetermined unless such detention is in the best interests of that child.

    (3)  Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.") Non-detention of persons under 18: dispute of claimed age.

Clause 85

BY THE LORD COPE OF BERKELEY

     Page 56, line 5, at end insert ("except insofar as that fact may affect adversely the welfare of a child")

Clause 113

BY THE LORD COPE OF BERKELEY

     Page 70, line 19, leave out subsections (5) to (8) and insert--

    ("(5)  Subsection (6) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.

    (6)  The relevant authority may provide assistance under section 17 of the Children Act 1989 (local authority support for children and their families) in respect of a dependant under the age of 18, or any member of his family.

    (7)  Assistance" means the provision of accommodation or of any essential living needs.

    (8)  Relevant authority" means the local authority within whose area the withdrawn accommodation was provided.")

     Page 70, line 39, leave out subsection (10)

Clause 132

BY THE LORD COPE OF BERKELEY

     Page 90, line 3, after ("B") insert ("or any child")

Schedule 3

BY THE LORD COPE OF BERKELEY

     Page 108, line 15, at end insert ("which shall include ensuring that adjudicators receive training in methods of dealing appropriately with children")

Schedule 4

BY THE LORD COPE OF BERKELEY

     Page 109, line 37, at end insert--
("(h)  as to the appropriate procedure to be followed where the appellant is a child")

© Parliamentary copyright 1999
Prepared 7 July 1999

	Clause 20
	BY THE LORD COPE OF BERKELEY
	Page 15, line 5, at end insert ("if possible before the marriage is solemnized and otherwise within seven days")
	Page 15, line 6, leave out from ("manner") to end of line 7
	After Clause 59
	BY THE LORD COPE OF BERKELEY
	Insert the following new Clause--
	(" . A person who appeals under section 59 and who is under the age of 18 shall not be detained for any period while the outcome of his appeal remains undetermined.")		Non-detention: persons under 18 years.
	Insert the following new Clause--
	(" .--(1) Where the claim of a person who appeals under section 59(1) to be under the age of 18 is disputed-- (a) the Secretary of State shall ensure that an independent paediatric assessment of age is offered to that person within 72 hours of the disputed age being recorded; (b) a finding of "reasonable likelihood" from any such assessment shall be construed as though it were confirmation that the person is under the age of 18; and (c) the person shall not be detained for any period while the outcome of his appeal remains undetermined. (2) A dependent child of a person who appeals under section 59 shall not be detained for any period while the outcome of the appeal remains undetermined unless such detention is in the best interests of that child. (3) Where, for any reason, a person under the age of 18 is detained, section 25 of the Children Act 1989 shall apply.")		Non-detention of persons under 18: dispute of claimed age.
	Clause 85
	BY THE LORD COPE OF BERKELEY
	Page 56, line 5, at end insert ("except insofar as that fact may affect adversely the welfare of a child")
	Clause 113
	BY THE LORD COPE OF BERKELEY
	Page 70, line 19, leave out subsections (5) to (8) and insert-- ("(5) Subsection (6) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn. (6) The relevant authority may provide assistance under section 17 of the Children Act 1989 (local authority support for children and their families) in respect of a dependant under the age of 18, or any member of his family. (7) Assistance" means the provision of accommodation or of any essential living needs. (8) Relevant authority" means the local authority within whose area the withdrawn accommodation was provided.")
	Page 70, line 39, leave out subsection (10)
	Clause 132
	BY THE LORD COPE OF BERKELEY
	Page 90, line 3, after ("B") insert ("or any child")
	Schedule 3
	BY THE LORD COPE OF BERKELEY
	Page 108, line 15, at end insert ("which shall include ensuring that adjudicators receive training in methods of dealing appropriately with children")
	Schedule 4
	BY THE LORD COPE OF BERKELEY
	Page 109, line 37, at end insert-- ("(h) as to the appropriate procedure to be followed where the appellant is a child")