House of Lords Amendments - Immigration and Asylum Bill

Immigration and Asylum Bill - Amendments to be debated in the House of Lords - continued	House of Lords
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	Clause 26
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
48*	Page 18, line 37, leave out ("must") and insert ("may")
49*	Page 18, line 38, leave out ("person operating a system") and insert ("owner")
	BY THE LORD BERKELEY
50*	Page 18, line 39, at end insert-- ("( ) Before issuing the code of practice, the Secretary of State must consult and reach agreement with persons appearing to him to be likely to be directly or indirectly affected by the code.")
	Clause 27
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
51*	Page 19, leave out lines 13 to 19
	Clause 28
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
52*	Page 19, line 40, leave out subsections (4) and (5)
	Clause 29
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
53*	Page 20, line 42, at end insert--("but the Secretary of State shall reimburse the carrier for any expense incurred by him as a result of the detention")
	BY THE LORD DHOLAKIA
	The Lord Dholakia gives notice of his intention to oppose the Question that Clause 29 stand part of the Bill.
	Clause 30
	BY THE LORD DHOLAKIA
	The Lord Dholakia gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill.
	Clause 31
	BY THE LORD WILLIAMS OF MOSTYN
54	Page 21, line 30, after ("acquitted") insert (" , the charge against him is dismissed or the proceedings are discontinued")
55*	Page 22, line 6, at end insert-- ("( ) In the application to Scotland of subsection (1)-- (a) in paragraph (a), for "charge the arrested person with" substitute "institute criminal proceedings against the arrested person for"; (b) in paragraph (b), for "if the arrested person has been charged" substitute "if criminal proceedings have been instituted against the arrested person"; and (c) at the end insert "and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service of an indictment or complaint on him".")
	After Clause 31
	BY THE LORD WILLIAMS OF MOSTYN
56	Insert the following new Clause--
	(" .--(1) The Secretary of State may make regulations applying (with or without modification) any provision of this Part for the purpose of enabling penalties to be imposed in respect of a person ("a clandestine entrant") who-- (a) arrives in the United Kingdom concealed in a rail freight wagon; and (b) claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control. (2) The regulations may, in particular, make provision-- (a) enabling additional penalties to be imposed in respect of persons concealed with the clandestine entrant; (b) as to which person is (or which persons are together) liable to penalties in respect of the clandestine entrant;
15	(c) for conferring on a senior officer a power to detain any relevant rail freight wagon in prescribed circumstances;
	(d) for conferring on the Secretary of State a power to sell in prescribed circumstances a rail freight wagon which has been detained.
21 22 23	(3) Before making any regulations under this section, the Secretary of State must consult, in the way he considers appropriate, persons appearing to him to be likely to be affected by the imposition of penalties under the regulations.")	Rail freight.
	BY THE LORD BERKELEY [Amendments 57 to 61 are amendments to Amendment 57]
57*	Line 15, leave out paragraphs (c) and (d)
58*	Line 21, leave out (", in the way he considers appropriate,") and insert ("and reach agreement with")
59*	Line 22, after ("affected") insert ("directly or indirectly")
60*	Line 23, at end insert-- ("(4) No regulations made under this section shall come into effect-- (a) if they impose additional cost or significant delay to rail freight traffic; or (b) the relevant authorities in the countries from which the services operate to the United Kingdom have implemented suitable systems for preventing and detecting clandestine immigrants.")
61*	Line 23, at end insert-- ("(4) Regulations made under this section shall be laid in draft before, and subject to approval by resolution of, each House of Parliament.")
	Clause 32
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
62*	Page 23, line 43, leave out ("more than eight")
	Clause 33
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
63*	Page 24, line 9, at end insert ("unless they hold valid travel documents for entry into another country")
	Clause 34
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
64*	Page 24, line 42, after ("it") insert ("on the open market")
65*	Page 25, line 3, at end insert ("but the Secretary of State shall reimburse the carrier for any expense incurred by him as a result of the detention")
	Clause 35
	BY THE LORD WILLIAMS OF MOSTYN
66	Page 25, line 30, at end insert-- (""rail freight wagon" has such meaning as may be prescribed;")
	Before Clause 36
	BY THE BARONESS WILLIAMS OF CROSBY
67*	Insert the following new Clause--
	(" . The Lord Chancellor shall, by order, extend the provision of legal aid, to cover bail hearings under the 1971 Act.")	Bail hearings: extension of provision of legal aid.
	Clause 36
	BY THE LORD HYLTON
68*	Page 26, line 27, at end insert (", and ("(b) review on a monthly basis the case of any detained person not granted bail at a hearing under this section")
69*	Page 26, line 32, at end insert-- ("but no person awaiting the determination of his case shall be detained for a period of more than six months")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
70	Page 26, line 37, leave out ("no later than the eighth") and insert ("on the")
	BY THE BARONESS WILLIAMS OF CROSBY
71*	Page 26, line 40, leave out ("a second reference to the court is made") and insert ("further references to the court are made")
	BY THE LORD HYLTON
72*	Page 26, line 43, leave out ("thirty-sixth") and insert ("thirtieth")
	BY THE BARONESS WILLIAMS OF CROSBY
73*	Page 26, line 44, at end insert ("and again every twenty-eight days thereafter")
	BY THE LORD HYLTON
74*	Page 27, line 2, leave out ("thirty-third") and insert ("twenty-seventh")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
75	Page 27, line 10, leave out ("before the tenth") and insert ("on the")
	BY THE BARONESS WILLIAMS OF CROSBY
76*	Page 27, line 12, leave out ("second") and insert ("further")
77*	Page 27, line 12, leave out ("before the thirty-eighth day following that on which he was detained") and insert ("within three days of receiving the reference")
	BY THE LORD HYLTON
78*	Page 27, line 37, leave out subsection (15) and insert-- ("(15) For the avoidance of doubt, the provisions of the Bail Act 1976 regarding the criteria on which bail may be granted shall apply to applications for bail under this Act and under the 1971 Act.")
	Clause 37
	BY THE LORD HYLTON
79*	Page 28, line 1, leave out paragraphs (c) and (d)
80*	Page 28, line 4, leave out ("to (d)") and insert ("and (b)")
	BY THE BARONESS WILLIAMS OF CROSBY
	The Baroness Williams of Crosby gives notice of her intention to oppose the Question that Clause 37 stand part of the Bill.
	Clause 38
	BY THE LORD HYLTON
81*	Page 28, line 10, leave out ("may") and insert ("shall")
82*	Page 28, line 11, at end insert ("unless there is good reason not to do so")
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN
83	Page 28, line 11, at end insert-- ("( ) In the exercise of its power to grant bail under this section, the court shall have regard to guidelines on the detention of asylum seekers issued by the United Nations High Commissioner for Refugees.")
	BY THE LORD HYLTON
84*	Page 28, line 13, at end insert-- ("( ) In setting the amount of any recognizance or, in Scotland, any bail bond under subsection (2) above, the court shall have regard to the material circumstances of the detained person.")
85*	Page 28, line 18, at end insert-- ("( ) A detained person shall be entitled to legal aid for the purposes of securing legal representation at a bail hearing under this section.")
	BY THE BARONESS WILLIAMS OF CROSBY
86*	Page 28, line 21, at end insert-- ("( ) The conditions imposed under this section must be notified to the person released in writing and in a language he understands.")
	Clause 40
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
87	Page 29, line 23, after ("broken,") insert ("or")
88	Page 29, line 23, leave out ("or is likely to break")
89	Page 29, line 26, leave out subsection (3)
	BY THE BARONESS WILLIAMS OF CROSBY
90*	Page 30, line 1, leave out subsection (6)
91*	Page 30, line 8, leave out ("neither subsection (6) nor (7) applies,") and substitute ("subsection (7) does not apply,")
92*	Page 30, line 9, leave out ("as soon as is practicable after") and insert ("within twenty-four hours of ")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
93	Page 30, line 19, leave out ("is likely to") and insert ("there is reasonable suspicion that the arrested person will")
	Clause 41
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
94*	Page 30, line 31, at end insert ("in writing")
95*	Page 30, line 39, at end insert ("and at the same time of the reasons for detaining that person")
	BY THE BARONESS WILLIAMS OF CROSBY
96*	Page 30, line 39, at end insert ("and also to notify those persons in writing, making specific reference to the person who is the subject of the hearing, of the reasons for detaining that person, with specific reference to-- (i) whether the person has given a history of torture; (ii) any history of torture given; (iii) an explanation, with express reference to any history of torture given, why detention is being maintained; as soon as is reasonably practicable after the detention or, after a history of torture has been given, whichever is the sooner")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA
97	Page 31, line 10, at beginning insert-- ("who is a qualified person under section 74(2)")



© Parliamentary copyright 1999	Prepared 9 July 1999