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 74
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
141	Page 48, line 40, at end insert-- ("(5A) The Commissioner shall have regard to the views of the Secretary of State as to the classes of person who should be eligible for exemption under subsection (4)(a). (5B) The Commissioner shall consult such persons as appear to him to be appropriate (including representatives of voluntary organisations and of further and higher education) about the circumstances under which he shall exercise his power under subsection (4)(a) and shall publish a scheme describing eligibility for exemption and the conditions subject to which exemption shall be granted. (5C) Such a scheme referred to in subsection (5B) shall provide for transitional periods of not less than three years before exempt persons shall be required to comply with such conditions as may be prescribed.")
	Schedule 6
	BY THE BARONESS WILLIAMS OF CROSBY
142*	Page 121, line 21, at end insert ("which, in the case of applicants proposing to provide advice or services to persons under the age of 18, shall include evidence of appropriate training and experience")
	Clause 76
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA
143	Page 49, line 17, at the end insert-- ("(1A) If it appears to the Lord Chancellor that complaints about members of any designated professional body are not being handled effectively and efficiently, he may by direction require the Immigration Services Commissioner to consider exercising, in relation to the body, the power specified in paragraph 9 of Schedule 5.")
144	Page 49, line 18, leave out ("Secretary of State") and insert ("Lord Chancellor")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA THE BARONESS WILLIAMS OF CROSBY
145	Page 49, line 32, leave out ("Lord Chancellor") and insert ("Legal Services Consultative Panel, and the designated judges under the Courts and Legal Services Act 1990")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
146	Page 50, line 8, leave out subsections (8) to (10)
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA
147	Page 50, line 9, after ("Part") insert ("in relation to persons falling within paragraph (c) of section 74(2)")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD DHOLAKIA THE BARONESS WILLIAMS OF CROSBY
148	Page 50, line 11, at end insert ("save that no fee shall be payable by each designated professional body for the first year after appointment of the Commissioner.")
	Schedule 7
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
149	Page 123, line 37, after ("Chancellor") insert (", after consultation with the Lord President of the Court of Session,")
150	Page 124, line 5, after second ("party") insert ("having been given due notice of the hearing")
	Clause 80
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
151	Page 52, line 5, after ("body") insert ("or under statute")
	Before Clause 84
	BY THE LORD ALTON OF LIVERPOOL
152	Insert the following new Clause--
	(" . It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that officials of his department and all other providers of assistance to asylum seekers and their dependants operate the provisions of this Part of this Act and exercise their functions in such a way as shall best promote the welfare of asylum seekers and their dependants, if any, who require assistance under this Part of this Act.")	Secretary of State to ensure actions of officials promote asylum seekers.
	BY THE LORD ALTON OF LIVERPOOL THE LORD DHOLAKIA
153	Insert the following new Clause--
	(" . When any question arises with respect to a child, or with respect to any household which includes a child, the child's welfare shall be the Secretary of State's paramount consideration in the exercise of his powers under this Part of this Act.")	Secretary of State to ensure welfare of children.
	BY THE BARONESS WILLIAMS OF CROSBY
154*	Insert the following new Clause--
	(" . In providing, or arranging for the provision of, support for persons under Part VI, it shall be the duty of the Secretary of State to make arrangements with a view to ensuring that those persons have access to legal advice from a representative chosen by the asylum seeker.")	Access to legal advice for asylum seekers.
	Clause 84
	BY THE LORD ALTON OF LIVERPOOL
155	Page 55, line 3, at end insert ("and shall in any event be extended-- (i) in the event that either party indicates an intention to apply for leave to appeal to the Court of Appeal or House of Sessions, or to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and (ii) for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and (iii) whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and (iv) whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker or his dependants, or both, following rejection of an asylum claim.")
	After Clause 84
	BY THE LORD BISHOP OF RIPON THE EARL RUSSELL THE LORD CLINTON-DAVIS
156	Insert the following new Clause--
	(" . An asylum-seeker, and his dependants if any, shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act nor Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the library of the House of Commons giving details of the average process times in the determination of-- (a) initial asylum decisions; and (b) appeals to adjudicators against initial asylum decisions, and certifying that the average time from the lodging of an application for asylum to the determination of an adjudicator of the appeal against the initial asylum decision is less than six months.")	Eligibility for social security benefits whilst awaiting asylum decisions.
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE BARONESS WILLIAMS OF CROSBY
157	Insert the following new Clause--
	(" . It shall be the duty of the Secretary of State to ensure that asylum seekers and dependants of asylum seekers will be eligible to receive support under Part VI until-- (a) any appeal against a refusal of their asylum claim is decided and the refusal upheld, and subsequent appeal to the Immigration Appeal Tribunal is decided and the refusal upheld and they do not make an application for leave to apply for judicial review; or (b) any application for leave to apply for judicial review is decided and refused and a period of grace to be prescribed has expired; or (c) any application for judicial review is decided and refused and a period of grace to be prescribed has expired; or (d) any application for judicial review is decided in their favour and their asylum claim subsequently refused and a period of grace to be prescribed has expired.")	Support for duration of appeal.
	Clause 85
	BY THE LORD ALTON OF LIVERPOOL THE LORD DHOLAKIA
158	Page 55, line 23, leave out ("may") and insert ("shall")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
159	Page 55, line 29, leave out subsection (2)
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL THE BARONESS WILLIAMS OF CROSBY
160	Page 56, line 5, at end insert ("except insofar as that fact may affect adversely the welfare of a child")
	Clause 86
	BY THE LORD ALTON OF LIVERPOOL
161	Page 56, line 25, after ("adequate") insert ("and suitable")
	BY THE BARONESS WILLIAMS OF CROSBY THE DUKE OF NORFOLK
162*	Page 56, line 32, at end insert ("and obtaining specialist medical care and treatment for himself and his dependants (if any). ( ) Costs of travel to appointments with legal representatives acting for the supported person in his claim for asylum, and appointments for specialist medical care and treatment for himself and his dependants, where such services are not available locally, shall be paid under section 85.")
	BY THE LORD AVEBURY
163	Page 56, line 40, at end insert-- ("( ) Where support is provided by the Secretary of State under subsections (1) or (2) in the form of vouchers or tokens, such vouchers or tokens must be redeemable by any person and not only by the person to whom they are issued.")
	Clause 87
	BY THE LORD ALTON OF LIVERPOOL THE BARONESS WILLIAMS OF CROSBY
164	Page 57, line 11, after ("accommodation;") insert-- ("( ) the special needs of the person concerned or of his dependants, if any, or of both; ( ) the safety and welfare of the person concerned or of his dependants, if any, or of both; ( ) the protection of any children in the household of the person concerned; ( ) public health; ( ) the availability of competent specialised legal services for asylum seekers; ( ) the availability of specialised medical services for survivors of torture; ( ) the suitability of the location for the long term resettlement of the person concerned and his dependants, if any;")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
165	Page 57, line 13, leave out ("not")
166	Page 57, line 18, leave out subsection (3)
	BY THE LORD ALTON OF LIVERPOOL THE LORD COPE OF BERKELEY THE LORD CLINTON-DAVIS THE LORD BISHOP OF SOUTHWARK
167	Page 57, line 35, at end insert ("save that the provision of essential living needs to the supported person and his dependants (if any) under section 86(1)(b) shall be of value not less than 80 per cent. of what would be the Income Support applicable amount or amounts provided under section 124 of the Social Security and Benefits Act 1992 for the supported person and his dependants (if any), and not less than 100 per cent. for any child dependants.")
	BY THE LORD ALTON OF LIVERPOOL THE BARONESS WILLIAMS OF CROSBY
168	Page 57, line 36, leave out subsection (6)
	Clause 88
	BY THE LORD ALTON OF LIVERPOOL THE BARONESS WILLIAMS OF CROSBY
169	Page 58, line 14, at end insert-- ("( ) For the purposes of subsection (3) above, the work of charities, churches, faith groups or religious organisations shall not be regarded as support and assets which are or might reasonably be expected to be available to the person concerned or his dependants.")
	After Clause 88
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
170	Insert the following new Clause--
	(" . In providing or arranging for the provision of support for persons under Part VI, it shall be the duty of the Secretary of State to make arrangements with a view to ensuring that those persons have access to legal advice from a representative chosen by the asylum seeker.")	Legal advice for asylum seekers.
171	Insert the following new Clause--
	(" . It shall be the duty of the Secretary of State to ensure that a supported person is assisted to meet the reasonable expenses of travelling to appointments with their legal representative.")	Travelling expenses.
	Clause 92
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
172	Page 60, line 30, after ("must") insert (", after consulting the local authorities concerned,")
	Schedule 9
	BY THE LORD WILLIAMS OF MOSTYN
173	Page 126, line 40, leave out sub-paragraph (3)
174	Page 127, line 5, leave out (", with the approval of the Treasury,")
	Clause 94
	BY THE LORD ALTON OF LIVERPOOL
175	Page 61, line 10, at end insert-- ("( ) If the Secretary of State provides or offers to provide support which the applicant contends is not adequate or suitable for his needs or for the needs of his dependants, if any, or for both, the applicant may appeal to an adjudicator.")



© Parliamentary copyright 1999	Prepared 9 July 1999