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 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."")



© Parliamentary copyright 1999	Prepared 9 July 1999