House of Lords Amendments - Immigration and Asylum Bill

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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 Marshalled List of Amendments to the Immigration and Asylum Bill to be moved in Committee in the House of Lords.

The amendments have been marshalled in accordance with the instruction of 8th July 1999, as follows--

Clauses 1 and 34
Schedule 1
Clauses 35 to 46
Schedule 2
Clause 47
Schedule 3
Clause 48
Schedule 4
Clauses 49 to 73
Schedule 5
Clauses 74 and 75
Schedule 6
Clauses 76 and 77
Schedule 7
Clauses 78 to 85
Schedule 8
Clauses 86 to 93
Schedule 9
Clauses 94 to 144
Schedule 10
Clause 145
Schedule 11
Clause 146
Schedule 12
Clauses 147 to 158
Schedules 13 to 15

[Amendments marked * are new or have been altered]

Amendment
No.

Before Clause 1

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD DHOLAKIA

1*      Insert the following new Clause--

    ("  .  Amendments to Immigration Rules under the 1971 Act shall be subject to an affirmative resolution of each House of Parliament.") Amendments to Immigration Rules.

Clause 1

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

2*      Page 1, line 11, leave out ("leave") and insert ("permission")

3*      Page 1, line 14, leave out ("leave") and insert ("permission")

4*      Page 1, line 16, leave out ("leave") and insert ("permission")

5      Page 1, line 20, at end insert--

("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")

Clause 2

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA

6      Page 2, line 44, after ("the") insert ("method of")

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

7      Page 3, line 5, at end insert ("of a kind that could be imposed on leave to remain given under section 3")

8      Page 3, line 7, at end insert--

("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")

Clause 3

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

9      Page 3, leave out lines 32 to 37

Clause 4

BY THE LORD WILLIAMS OF MOSTYN

10      Page 4, line 4, at beginning insert ("If a fee is prescribed in connection with an application of a particular kind,")

11      Page 4, line 5, leave out ("prescribed")

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

12      Page 4, line 7, at end insert ("where, without prejudice to the foregoing generality, the applicant has--
(a)  insufficient means to pay any prescribed charges; or

(b)  the applicant is below the age of 16 years; or

(c)  the applicant is in receipt of any benefit")

BY THE BARONESS WILLIAMS OF CROSBY

13*      Page 4, line 7, at end insert ("and these circumstances must include applications for asylum, applications made under any international instrument the United Kingdom has signed, applications to remain with family members for settlement and applications for further leave to remain to continue studies")

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

14      Page 4, line 7, at end insert--

    ("(  )  Any regulations made under this section shall provide that no fee shall be payable by those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended.")

15      Page 4, line 7, at end insert--

    ("(  )  No fee shall be payable by those seeking asylum or claiming protection under Article 3 of the European Convention on Human Rights.")

16      Page 4, line 7, at end insert--

    ("(  )  No fee shall be payable when the appeal has been occasioned by a mistake of the Secretary of State.")

17      Page 4, line 9, at end insert--

    ("(  )  Any regulations made under this section shall prescribe the time within which any application is to be processed and prescribe that any fee paid is to be refunded if the application to which it relates is not dealt with in the prescribed time.")

BY THE LORD WILLIAMS OF MOSTYN

18      Page 4, line 13, leave out subsection (6)

Clause 5

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

19*      Page 4, line 23, leave out from ("member") to end of line 24

Clause 6

BY THE LORD CLINTON-DAVIS

20*      Page 4, line 28, at end insert--

    (" (  )  The exemption granted by subsection (1) above shall not apply to a member of the crew of an aircraft which is operated from a base in the United Kingdom, notwithstanding the fact that such a person might otherwise be entitled to the exemption contained in that subsection.")

Clause 8

BY THE LORD WILLIAMS OF MOSTYN

21      Page 5, line 28, leave out ("which has not been determined")

BY THE BARONESS WILLIAMS OF CROSBY

22*      Page 5, line 28, at end insert (", or if the person entered the United Kingdom with leave more than seven years before the commencement of this Act")

BY THE LORD WILLIAMS OF MOSTYN

23      Page 5, line 40, leave out ("given")

24      Page 5, line 40, after ("section") insert ("--
(  )  may be given only to persons falling within a prescribed class;")

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

25      Page 6, line 2, after ("any") insert ("extant")

BY THE LORD WILLIAMS OF MOSTYN

26      Page 6, line 3, at end insert--

    ("(  )  The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.")

Clause 9

BY THE LORD WILLIAMS OF MOSTYN

27      Page 6, line 22, leave out from beginning to end of line 27 and insert--

    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
(a)  if he has an appeal under section 55 against the decision to remove him in accordance with this section pending; or

(b)  before the time for giving notice of such an appeal has expired.")

BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN

28      Page 6, line 30, at end insert--

    ("(  )  Special arrangements shall be made to facilitate and expedite the removal of any person from Northern Ireland who, after taking independent legal advice, requests his removal to a member state within the Common Travel Area as defined by section 1(3) of the 1971 Act.")

BY THE LORD DHOLAKIA

     The Lord Dholakia gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.

Clause 10

BY THE LORD WILLIAMS OF MOSTYN

29      Page 6, line 44, leave out from beginning to end of line 2 on page 7 and insert--

    ("(  )  Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom--
(a)  if he has an appeal under section 55 against the decision to remove him in accordance with subsection (2) pending; or

(b)  before the time for giving notice of such an appeal has expired.")

30      Page 7, line 17, leave out ("subsections (2)(c) and") and insert ("subsection")

Clause 12

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

31      Page 8, line 6, leave out ("In such circumstances as may be specified,")

32      Page 8, line 8, at end insert ("in the following circumstances--
(a)  where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period would not leave the United Kingdom at the end of that period; or

(b)  where the applicant has been convicted by a court of any offence involving dishonesty.")

Clause 16

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

33*      Page 11, line 34, leave out paragraph (e)

Clause 19

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY

34      Page 14, line 16, at end insert ("; and
(b)  the imposition of penalties and the power of seizure in accordance with sections 25 and 29")

BY THE LORD WILLIAMS OF MOSTYN

35      Page 14, line 24, leave out subsection (6)

Clause 20

BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL

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

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

37      Page 15, line 5, at end insert--
("(  )  within a reasonable time,")

BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL

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

BY THE BARONESS WILLIAMS OF CROSBY

39*      Page 15, line 8, at end insert ("and must at the same time send a copy of this report to the parties to the proposed marriage")

     The Baroness Williams of Crosby gives notice of her intention to oppose the Question that Clause 20 stand part of the Bill.

Clause 21

BY THE LORD CADMAN

40      Page 15, line 29, at end insert--

    ("(  )  In formulating such facilities the Secretary of State shall have due regard to their economic cost and practical relevance to the control of immigration.")

After Clause 21

BY THE LORD WILLIAMS OF MOSTYN

41      Insert the following new Clause--

    (".--(1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements--
(a)  for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port;

(b)  for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances.
    (2)  Control port" has the same meaning as in section 21.

    (3)  Facilities" includes equipment.

    (4)  Basic service" has such meaning as may be prescribed.") Charges: immigration control.

Clause 22

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

42      Page 16, line 8, after ("include") insert ("material")

BY THE LORD HYLTON
THE BARONESS WILLIAMS OF CROSBY

     The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.

Clause 23

BY THE LORD WILLIAMS OF MOSTYN

43      Page 16, line 42, at end insert ("or")

Clause 25

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY

44      Page 18, line 6, at end insert--

("provided always that any sum paid by way of penalty under this section shall be refunded to the person or persons responsible, in any case where the Secretary of State finds that the passenger is irremovable from the UK because his removal would be contrary to the Convention or the Human Rights Act 1998.")

BY THE LORD BERKELEY

45*      Page 18, line 17, at end insert--
("(d)  if it is a transporter ("the carried transporter") being carried in or on another transporter, the owner, hirer, driver or operator of the transporter in or on which it is carried")

46*      Page 18, line 28, leave out subsections (8) and (9)

47*      Page 18, line 36, at end insert--

    ("(11)  This section shall not come into effect until--
(a)  the Secretary of State has procured the implementation of suitable systems for preventing and detecting clandestine immigrants; and

(b)  the Secretary of State has demonstrated that the systems will not cause any additional cost or significant delay to the persons responsible.")

© Parliamentary copyright 1999
Prepared 9 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Before Clause 1
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD DHOLAKIA
1*	Insert the following new Clause--
	(" . Amendments to Immigration Rules under the 1971 Act shall be subject to an affirmative resolution of each House of Parliament.")	Amendments to Immigration Rules.
	Clause 1
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
2*	Page 1, line 11, leave out ("leave") and insert ("permission")
3*	Page 1, line 14, leave out ("leave") and insert ("permission")
4*	Page 1, line 16, leave out ("leave") and insert ("permission")
5	Page 1, line 20, at end insert-- ("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
	Clause 2
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA
6	Page 2, line 44, after ("the") insert ("method of")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
7	Page 3, line 5, at end insert ("of a kind that could be imposed on leave to remain given under section 3")
8	Page 3, line 7, at end insert-- ("provided that the person is given notice of the duration and conditions of any leave granted, or of the reasons for refusal and the rights of appeal against this.")
	Clause 3
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
9	Page 3, leave out lines 32 to 37
	Clause 4
	BY THE LORD WILLIAMS OF MOSTYN
10	Page 4, line 4, at beginning insert ("If a fee is prescribed in connection with an application of a particular kind,")
11	Page 4, line 5, leave out ("prescribed")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
12	Page 4, line 7, at end insert ("where, without prejudice to the foregoing generality, the applicant has-- (a) insufficient means to pay any prescribed charges; or (b) the applicant is below the age of 16 years; or (c) the applicant is in receipt of any benefit")
	BY THE BARONESS WILLIAMS OF CROSBY
13*	Page 4, line 7, at end insert ("and these circumstances must include applications for asylum, applications made under any international instrument the United Kingdom has signed, applications to remain with family members for settlement and applications for further leave to remain to continue studies")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
14	Page 4, line 7, at end insert-- ("( ) Any regulations made under this section shall provide that no fee shall be payable by those granted leave to enter or remain in the United Kingdom as students or otherwise under Part 3 of the Statement of Changes in Immigration Rules (HC 395) as amended.")
15	Page 4, line 7, at end insert-- ("( ) No fee shall be payable by those seeking asylum or claiming protection under Article 3 of the European Convention on Human Rights.")
16	Page 4, line 7, at end insert-- ("( ) No fee shall be payable when the appeal has been occasioned by a mistake of the Secretary of State.")
17	Page 4, line 9, at end insert-- ("( ) Any regulations made under this section shall prescribe the time within which any application is to be processed and prescribe that any fee paid is to be refunded if the application to which it relates is not dealt with in the prescribed time.")
	BY THE LORD WILLIAMS OF MOSTYN
18	Page 4, line 13, leave out subsection (6)
	Clause 5
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
19*	Page 4, line 23, leave out from ("member") to end of line 24
	Clause 6
	BY THE LORD CLINTON-DAVIS
20*	Page 4, line 28, at end insert-- (" ( ) The exemption granted by subsection (1) above shall not apply to a member of the crew of an aircraft which is operated from a base in the United Kingdom, notwithstanding the fact that such a person might otherwise be entitled to the exemption contained in that subsection.")
	Clause 8
	BY THE LORD WILLIAMS OF MOSTYN
21	Page 5, line 28, leave out ("which has not been determined")
	BY THE BARONESS WILLIAMS OF CROSBY
22*	Page 5, line 28, at end insert (", or if the person entered the United Kingdom with leave more than seven years before the commencement of this Act")
	BY THE LORD WILLIAMS OF MOSTYN
23	Page 5, line 40, leave out ("given")
24	Page 5, line 40, after ("section") insert ("-- ( ) may be given only to persons falling within a prescribed class;")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
25	Page 6, line 2, after ("any") insert ("extant")
	BY THE LORD WILLIAMS OF MOSTYN
26	Page 6, line 3, at end insert-- ("( ) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.")
	Clause 9
	BY THE LORD WILLIAMS OF MOSTYN
27	Page 6, line 22, leave out from beginning to end of line 27 and insert-- ("( ) Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom-- (a) if he has an appeal under section 55 against the decision to remove him in accordance with this section pending; or (b) before the time for giving notice of such an appeal has expired.")
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN
28	Page 6, line 30, at end insert-- ("( ) Special arrangements shall be made to facilitate and expedite the removal of any person from Northern Ireland who, after taking independent legal advice, requests his removal to a member state within the Common Travel Area as defined by section 1(3) of the 1971 Act.")
	BY THE LORD DHOLAKIA
	The Lord Dholakia gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill.
	Clause 10
	BY THE LORD WILLIAMS OF MOSTYN
29	Page 6, line 44, leave out from beginning to end of line 2 on page 7 and insert-- ("( ) Unless a certficate has been issued under section 62(2)(a) in relation to a person, he is not to be removed from the United Kingdom-- (a) if he has an appeal under section 55 against the decision to remove him in accordance with subsection (2) pending; or (b) before the time for giving notice of such an appeal has expired.")
30	Page 7, line 17, leave out ("subsections (2)(c) and") and insert ("subsection")
	Clause 12
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
31	Page 8, line 6, leave out ("In such circumstances as may be specified,")
32	Page 8, line 8, at end insert ("in the following circumstances-- (a) where the Secretary of State has reasonable grounds for believing that the applicant, if given leave to enter the United Kingdom for a limited period would not leave the United Kingdom at the end of that period; or (b) where the applicant has been convicted by a court of any offence involving dishonesty.")
	Clause 16
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
33*	Page 11, line 34, leave out paragraph (e)
	Clause 19
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE BARONESS WILLIAMS OF CROSBY
34	Page 14, line 16, at end insert ("; and (b) the imposition of penalties and the power of seizure in accordance with sections 25 and 29")
	BY THE LORD WILLIAMS OF MOSTYN
35	Page 14, line 24, leave out subsection (6)
	Clause 20
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL
36	Page 15, line 5, at end insert ("if possible before the marriage is solemnized and otherwise within seven days")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
37	Page 15, line 5, at end insert-- ("( ) within a reasonable time,")
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL
38	Page 15, line 6, leave out from ("manner") to end of line 7
	BY THE BARONESS WILLIAMS OF CROSBY
39*	Page 15, line 8, at end insert ("and must at the same time send a copy of this report to the parties to the proposed marriage")
	The Baroness Williams of Crosby gives notice of her intention to oppose the Question that Clause 20 stand part of the Bill.
	Clause 21
	BY THE LORD CADMAN
40	Page 15, line 29, at end insert-- ("( ) In formulating such facilities the Secretary of State shall have due regard to their economic cost and practical relevance to the control of immigration.")
	After Clause 21
	BY THE LORD WILLIAMS OF MOSTYN
41	Insert the following new Clause--
	(".--(1) The Secretary of State may, at the request of any person and in consideration of such charges as he may determine, make arrangements-- (a) for the provision at any control port of immigration officers or facilities in addition to those (if any) needed to provide a basic service at the port; (b) for the provision of immigration officers or facilities for dealing with passengers of a particular description or in particular circumstances. (2) Control port" has the same meaning as in section 21. (3) Facilities" includes equipment. (4) Basic service" has such meaning as may be prescribed.")	Charges: immigration control.
	Clause 22
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
42	Page 16, line 8, after ("include") insert ("material")
	BY THE LORD HYLTON THE BARONESS WILLIAMS OF CROSBY
	The above-named Lords give notice of their intention to oppose the Question that Clause 22 stand part of the Bill.
	Clause 23
	BY THE LORD WILLIAMS OF MOSTYN
43	Page 16, line 42, at end insert ("or")
	Clause 25
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE BARONESS WILLIAMS OF CROSBY
44	Page 18, line 6, at end insert-- ("provided always that any sum paid by way of penalty under this section shall be refunded to the person or persons responsible, in any case where the Secretary of State finds that the passenger is irremovable from the UK because his removal would be contrary to the Convention or the Human Rights Act 1998.")
	BY THE LORD BERKELEY
45*	Page 18, line 17, at end insert-- ("(d) if it is a transporter ("the carried transporter") being carried in or on another transporter, the owner, hirer, driver or operator of the transporter in or on which it is carried")
46*	Page 18, line 28, leave out subsections (8) and (9)
47*	Page 18, line 36, at end insert-- ("(11) This section shall not come into effect until-- (a) the Secretary of State has procured the implementation of suitable systems for preventing and detecting clandestine immigrants; and (b) the Secretary of State has demonstrated that the systems will not cause any additional cost or significant delay to the persons responsible.")