Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 42
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
98     Page 31, line 23, at end insert ("and the court is able to make arrangements for the detained person to give instructions and receive advice from their legal representative on a confidential basis before and during the hearing.") 
  
Clause 45
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
99     Page 32, line 21, at end insert--
 
    ("(3)  In the exercise of the power granted under subsection (1), the Secretary of State shall ensure that such advice and assistance for detained persons is available in Northern Ireland.")
 
  
Schedule 2
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
100     Page 106, line 5, at end insert ("after consultation with the Advocate General for Scotland") 
101     Page 106, line 16, at end insert--
 
    ("(  )  Either the President of the Tribunal or the Deputy President must be an advocate or solicitor in Scotland.")
 
  
Clause 47
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
102     Page 32, line 28, after ("may") insert (", after consultation with the Advocate General for Scotland,") 
  
Schedule 3
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
103     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
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
104     Page 109, line 3, at end insert--
 
    ("(3)  The power to make regulations is exercisable by statutory instrument.
 
    (4)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
105*     Page 109, line 20, leave out sub-sub-paragraph (b) 
106*     Page 109, line 25, leave out sub-sub-paragraph (c) 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
107     Page 109, line 37, at end insert--
    ("(h)  as to the appropriate procedure to be followed where the appellant is a child")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
108     Page 110, line 33, at end insert-- 
 ("Miscellaneous 
     8A.--(1)  In this Schedule "rules" means rules made under paragraph 3.
 
    (2)  The power to make rules is exercisable by statutory instrument.
 
    (3)  Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.")
 
  
BY THE BARONESS WILLIAMS OF CROSBY
THE LORD CLINTON-DAVIS
 
109*     Page 110, line 34, leave out paragraph 9 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
110*     Page 110, line 44, leave out sub-paragraph (3) 
111*     Page 113, line 26, at end insert--
 
    ("(  )  Where such directions are given as are mentioned in sub-paragraph (5)(a) above, it shall be the duty of the Secretary of State and of any officer to whom the directions are given to comply with them")
 
  
Clause 55
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
112     Page 37, line 28, at end insert--
 
    ("(7)  Section 8 of this Act shall not come into force until the day on which this section comes into force.")
 
  
Clause 59
 
  
BY THE LORD DHOLAKIA
 
113*     Page 38, line 32, at end insert ("implementation of which should include recognition of rape as persecution and therefore grounds as asylum") 
  
After Clause 59
 
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
THE LORD HYLTON
THE BARONESS WILLIAMS OF CROSBY
 
114     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.
  
BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL
 
115     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.
  
After Clause 61
 
  
BY THE COUNTESS OF MAR
THE LORD ALTON OF LIVERPOOL
 
116     Insert the following new Clause-- 
 ("Additional provisions for asylum determination 
     .  The Secretary of State shall adopt the Refugee Women's Legal Group's "Gender Guidelines for the Determination of Asylum Claims in the UK".")Provisions for asylum determination.
  
Clause 63
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
117*     Page 41, line 20, leave out ("On the issuing of a certificate by the Secretary of State") and insert ("If the Adjudicator agrees with the opinion of the Secretary of State as expressed in a certificate issued") 
118*     Page 41, line 34, at end insert--
 
    ("(11)  Nothing in this section shall apply to an appellant who was not legally represented at the time of his original appeal.")
 
  
Clause 64
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
119     Page 42, line 3, leave out subsection (3) 
120     Page 42, line 8, at end insert--
 
    ("(4A) A notice under subsection (4) shall state that the applicant is advised to seek legal advice immediately after receipt of the notice.")
 
121     Page 42, line 26, leave out subsection (10) 
  
Clause 65
 
  
BY THE BARONESS WILLIAMS OF CROSBY
 
122*     Page 42, line 35, at end insert ("; and
    (d)  relevant circumstances" means any personal circumstances which may require the period of time for the serving of a statement from a child to be longer than the Secretary of State might otherwise prescribe")
 
  
Clause 71
 
  
BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN
 
123     Page 46, line 2, at end insert--
 
    ("(3)  In the exercise of the power granted under subsection (1) the Secretary of State shall ensure that such advice and assistance is available in Northern Ireland.")
 
  
Clause 72
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
124     Page 46, line 6, at end insert--
    (""business" excludes any registered or exempt charity;")
 
  
Clause 73
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
125     Page 47, line 24, leave out ("the Secretary of State after consulting") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
126     Page 47, line 25, at end insert ("and the Advocate General for Scotland") 
  
BY THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY
 
127*     Page 47, line 27, at end insert ("and, in particular, to ensure that only those who are trained to do so provide such advice or services in respect of children") 
  
Schedule 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
128     Page 114, line 34, leave out sub-paragraph (2) and insert--
 
    ("(2) Before making or altering any rules the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
129     Page 115, line 20, leave out paragraph 3 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
 
130     Page 115, line 23, leave out from first ("to") to the end of line 24 and insert ("be taken into account by the designated professional body specified in the order in exercising its functions in relation to the regulation of--
    (a)  its members in their provision of")
 
131     Page 115, line 26, leave out ("persons") and insert ("members") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD DHOLAKIA
 
132     Page 115, line 35, at end insert--
 
    ("(1A)  Before establishing the scheme or altering it, the Commissioner must consult--
    (a)  each of the designated professional bodies; and
    (b)  such other persons appearing to him to represent the views of persons engaged in the provision of immigration advice or immigration services as he considers appropriate.")
 
133     Page 115, line 42, at end insert ("by a person to whom the code applies") 
134     Page 115, line 45, leave out ("(c),") 
135     Page 116, line 6, at end insert--
 
    ("(5)  The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (2)(a) or (b) where it relates to a person who falls within paragraph (c) of section 74(2) and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 74(2), of one or more of the rules of that body.")
 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
136     Page 118, line 18, leave out sub-paragraph (2) and insert--
 
    ("(2)  The Commissioner may, upon receipt by him of a written complaint by or on behalf of any person which relates to the time taken for a designated professional body to process or determine a complaint made under paragraph 4(2), require the designated professional body to provide an explanation for the perceived delay in processing the complaint and further, to give a timetable within which the complaint under paragraph 4(2) will be dealt with.
 
    (2A)  If the designated professional body fails, without reasonable excuse, to adhere to the timetable referred to in sub-paragraph (2) above, then the Commissioner may give a direction setting a timetable to be followed by the designated professional body in considering, and if appropriate, in reaching a determination of the complaint.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE BARONESS WILLIAMS OF CROSBY
 
137     Page 118, line 18, leave out from ("may") to end of line 22 and insert (", after the making of a direction by the Lord Chancellor under section 76(1A), give directions setting reasonable targets in relation to the handling of complaints about the members of a designated professional body.
 
    (2A)  Before setting targets under sub-paragraph (3), the Commissioner should afford a designated professional body a reasonable opportunity of appearing before him to make representations.")
 
  
BY THE LORD WILLIAMS OF MOSTYN
 
138     Page 119, line 15, leave out sub-paragraph (3) 
139     Page 119, line 21, leave out (", with the approval of the Treasury,") 
  
BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON
 
140     Page 121, line 10, at end insert-- 
 ("Disqualification for Scottish Parliament 
     23A.  After section 15(1)(d) of the Scotland Act 1998 insert--
    (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."
 
 Disqualification for National Assembly for Wales 
     23B.  After section 12(1)(d) of the Government of Wales Act 1998 insert--
    (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."")
 
 
back to previous page continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 9 July 1999