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 Second 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 31 to 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.

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;

(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.
    (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.")

BY THE LORD BERKELEY
[Amendments 57 to 61 are amendments to Amendment 56]

57      Line 15, leave out paragraphs (c) and (d)

BY THE LORD BERKELEY

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)  if the relevant authorities in the countries from which the services operate to the United Kingdom have implemented suitable systems for preventing and detecting clandestine entrants.")

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 CLINTON-DAVIS

61A*      Page 23, line 12, after ("operator,") insert ("aircraft operator,")

61B*      Page 23, line 13, after ("vehicle") insert ("or ship")

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")

63A      Page 24, line 24, at end insert--
("(e)  must provide that persons holding either an entry permit to reside in, or a visa to enter, a state of the European Union shall be exempted from the requirement imposed by the order.")

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 26, line 1, at end insert--
(""rail freight wagon" has such meaning as may be prescribed;")

Before Clause 36

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD BISHOP OF RIPON

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.

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

67A      Insert the following new Clause--

    ("  .  The Lord Chancellor shall, by order, extend the provision of legal aid to cover bail hearings under the Immigration Acts.") Bail hearings: extension of provision of legal aid (No. 2)

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")

BY THE LORD WILLIAMS OF MOSTYN

68A*      Page 26, line 28, leave out ("Subsection (2)") and insert ("The duty under this section to arrange a reference")

68B*      Page 26, line 29, leave out ("mentioned in subsection (1);") and insert ("of the 1971 Act;
(  )  is liable (under section 3(6) of that Act) to deportation as a result of the recommendation of a court;")

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

68C      Page 26, line 31, after ("that") insert ("on a particular occasion")

BY THE LORD HYLTON

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 COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD CLINTON-DAVIS

77A      Page 27, line 18, at end insert ("and the court may take such failure into account when determining whether the detained person should be released on bail")

77B      Page 27, line 21, at end insert ("and the court may take such failure into account when determining whether the detained person should be released on bail")

BY THE LORD WILLIAMS OF MOSTYN

77C*      Page 27, line 31, leave out subsection (13)

BY THE LORD HYLTON
THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE LORD CLINTON-DAVIS

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
THE LORD CLINTON-DAVIS

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.

After Clause 37

BY THE LORD WILLIAMS OF MOSTYN

80A*      Insert the following new Clause--

    ("  .--(1)  On a reference under section 36, the court must release the detained person on bail unless--
(a)  subsection (2) or (3) applies; or

(b)  the court has imposed a requirement under section 38(1) which has not been complied with.
    (2)  The detained person need not be granted bail if the court is satisfied that there are substantial grounds for believing that if released on bail he would--
(a)  fail to comply with one or more of the conditions of bail or of any recognizance or bail bond;

(b)  commit an offence while on bail which is punishable with imprisonment;

(c)  be likely to cause danger to public health; or

(d)  alone or with others, be a serious threat to the maintenance of public order.
    (3)  The detained person need not be granted bail if the court is satisfied that--
(a)  he is or has been knowingly involved with others in a concerted attempt by all or some of them to enter the United Kingdom in breach of immigration law;

(b)  he is suffering from mental disorder and his continued detention is necessary in his own interests or for the protection of any other person;

(c)  he is under the age of 18 and, while arrangements ought to be made for his care in the event of his release from detention, no satisfactory arrangements have been made;

(d)  he is required to submit to an examination by an immigration officer under paragraph 2 or 2A of Schedule 2 to the 1971 Act and the officer is not in a position to decide--

    (i)  whether, and if so how, to exercise the powers conferred by paragraph 21 of that Schedule;

    (ii)  whether to grant him leave to enter, or remain in, the United Kingdom; or

    (iii)  whether to cancel his leave to enter the United Kingdom under paragraph 2A(7); or

(e)  directions for his removal from the United Kingdom are in force.
    (4)  For the purposes of this section, the question whether an offence is one which is punishable with imprisonment is to be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders.

    (5)  Immigration law" means any provision of the Immigration Acts or any similar provision in force in any part of the British Islands.

    (6)  The Secretary of State may by order amend subsection (2) or (3) by adding to or restricting the circumstances in which the subsection applies.") General right to be released on bail.

Clause 38

BY THE LORD WILLIAMS OF MOSTYN

80B*      Page 28, line 10, leave out from beginning to ("is") in line 14 and insert--

    ("(1)  Before releasing a person on bail under section (General right to be released on bail), the court may require--
(a)  a recognizance or, in Scotland, a bail bond to be entered into, or

(b)  security to be given by the person bailed or on his behalf.
    (2)  The court may impose a requirement under subsection (1) only if it considers that its imposition is necessary to secure compliance with any condition to which bail granted under section (General right to be released on bail) will be subject as a result of subsection (3), (3A) or (3B).

    (3)  Bail granted under section (General right to be released on bail) by the Commission is subject to a condition requiring the person bailed to appear before it at a specified time and place.

    (3A)  Bail granted under section (General right to be released on bail) by a court or other appellate authority (other than the Commission) dealing with an appeal by the person bailed is subject to a condition requiring him--
(a)  to appear before the court or authority at a time and place specified by it; and

(b)  if the appeal is dismissed, withdrawn or abandoned, to appear before an immigration officer at such time and place as may be notified to him in writing by an immigration officer.
    (3B)  In any other case, bail granted under section (General right to be released on bail)")

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 LORD WILLIAMS OF MOSTYN

85A*      Page 28, line 19, leave out ("may be granted") and insert ("granted under section (General right to be released on bail) may be")

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.")

BY THE LORD WILLIAMS OF MOSTYN

86A*      Page 28, line 22, leave out subsection (5)

86B*      Page 28, line 27, leave out subsection (7) and insert--

    ("(7)  Subsections (7A) and (7B) apply if, on a reference under section 36, the court has power to release the detained person on bail but is not required to do so by section (General right to be released on bail).

    (7A)  The court may, instead of releasing him--
(a)  fix the amount of any recognizance, bail bond or security to be taken on his release on bail (including the amount in which any sureties are to be bound), and

(b)  settle the terms of any conditions to be imposed on his release on bail.
    (7B)  The person concerned must be released on bail on the recognizance or bond being taken, or the security being given.")

86C*      Page 28, line 32, at end insert--

    ("(8)  A person released on bail under section (General right to be released on bail) is to be subject to such restrictions (if any) as to his employment or occupation while he is in the United Kingdom as may from time to time be notified to him in writing by an immigration officer.

    (9)  Any restriction imposed on a person under subsection (8) has effect for the purposes of this Part as a condition of his bail.")

© Parliamentary copyright 1999
Prepared 16 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	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;
	(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. (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.")
	BY THE LORD BERKELEY [Amendments 57 to 61 are amendments to Amendment 56]
57	Line 15, leave out paragraphs (c) and (d)
	BY THE LORD BERKELEY
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) if the relevant authorities in the countries from which the services operate to the United Kingdom have implemented suitable systems for preventing and detecting clandestine entrants.")
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 CLINTON-DAVIS
61A*	Page 23, line 12, after ("operator,") insert ("aircraft operator,")
61B*	Page 23, line 13, after ("vehicle") insert ("or ship")
	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")
63A	Page 24, line 24, at end insert-- ("(e) must provide that persons holding either an entry permit to reside in, or a visa to enter, a state of the European Union shall be exempted from the requirement imposed by the order.")
	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 26, line 1, at end insert-- (""rail freight wagon" has such meaning as may be prescribed;")
	Before Clause 36
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD BISHOP OF RIPON
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.
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
67A	Insert the following new Clause--
	(" . The Lord Chancellor shall, by order, extend the provision of legal aid to cover bail hearings under the Immigration Acts.")	Bail hearings: extension of provision of legal aid (No. 2)
	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")
	BY THE LORD WILLIAMS OF MOSTYN
68A*	Page 26, line 28, leave out ("Subsection (2)") and insert ("The duty under this section to arrange a reference")
68B*	Page 26, line 29, leave out ("mentioned in subsection (1);") and insert ("of the 1971 Act; ( ) is liable (under section 3(6) of that Act) to deportation as a result of the recommendation of a court;")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
68C	Page 26, line 31, after ("that") insert ("on a particular occasion")
	BY THE LORD HYLTON
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 COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD CLINTON-DAVIS
77A	Page 27, line 18, at end insert ("and the court may take such failure into account when determining whether the detained person should be released on bail")
77B	Page 27, line 21, at end insert ("and the court may take such failure into account when determining whether the detained person should be released on bail")
	BY THE LORD WILLIAMS OF MOSTYN
77C*	Page 27, line 31, leave out subsection (13)
	BY THE LORD HYLTON THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR THE LORD CLINTON-DAVIS
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 THE LORD CLINTON-DAVIS
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.
	After Clause 37
	BY THE LORD WILLIAMS OF MOSTYN
80A*	Insert the following new Clause--
	(" .--(1) On a reference under section 36, the court must release the detained person on bail unless-- (a) subsection (2) or (3) applies; or (b) the court has imposed a requirement under section 38(1) which has not been complied with. (2) The detained person need not be granted bail if the court is satisfied that there are substantial grounds for believing that if released on bail he would-- (a) fail to comply with one or more of the conditions of bail or of any recognizance or bail bond; (b) commit an offence while on bail which is punishable with imprisonment; (c) be likely to cause danger to public health; or (d) alone or with others, be a serious threat to the maintenance of public order. (3) The detained person need not be granted bail if the court is satisfied that-- (a) he is or has been knowingly involved with others in a concerted attempt by all or some of them to enter the United Kingdom in breach of immigration law; (b) he is suffering from mental disorder and his continued detention is necessary in his own interests or for the protection of any other person; (c) he is under the age of 18 and, while arrangements ought to be made for his care in the event of his release from detention, no satisfactory arrangements have been made; (d) he is required to submit to an examination by an immigration officer under paragraph 2 or 2A of Schedule 2 to the 1971 Act and the officer is not in a position to decide-- (i) whether, and if so how, to exercise the powers conferred by paragraph 21 of that Schedule; (ii) whether to grant him leave to enter, or remain in, the United Kingdom; or (iii) whether to cancel his leave to enter the United Kingdom under paragraph 2A(7); or (e) directions for his removal from the United Kingdom are in force. (4) For the purposes of this section, the question whether an offence is one which is punishable with imprisonment is to be determined without regard to any enactment prohibiting or restricting the imprisonment of young offenders or first offenders. (5) Immigration law" means any provision of the Immigration Acts or any similar provision in force in any part of the British Islands. (6) The Secretary of State may by order amend subsection (2) or (3) by adding to or restricting the circumstances in which the subsection applies.")	General right to be released on bail.
	Clause 38
	BY THE LORD WILLIAMS OF MOSTYN
80B*	Page 28, line 10, leave out from beginning to ("is") in line 14 and insert-- ("(1) Before releasing a person on bail under section (General right to be released on bail), the court may require-- (a) a recognizance or, in Scotland, a bail bond to be entered into, or (b) security to be given by the person bailed or on his behalf. (2) The court may impose a requirement under subsection (1) only if it considers that its imposition is necessary to secure compliance with any condition to which bail granted under section (General right to be released on bail) will be subject as a result of subsection (3), (3A) or (3B). (3) Bail granted under section (General right to be released on bail) by the Commission is subject to a condition requiring the person bailed to appear before it at a specified time and place. (3A) Bail granted under section (General right to be released on bail) by a court or other appellate authority (other than the Commission) dealing with an appeal by the person bailed is subject to a condition requiring him-- (a) to appear before the court or authority at a time and place specified by it; and (b) if the appeal is dismissed, withdrawn or abandoned, to appear before an immigration officer at such time and place as may be notified to him in writing by an immigration officer. (3B) In any other case, bail granted under section (General right to be released on bail)")
	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 LORD WILLIAMS OF MOSTYN
85A*	Page 28, line 19, leave out ("may be granted") and insert ("granted under section (General right to be released on bail) may be")
	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.")
	BY THE LORD WILLIAMS OF MOSTYN
86A*	Page 28, line 22, leave out subsection (5)
86B*	Page 28, line 27, leave out subsection (7) and insert-- ("(7) Subsections (7A) and (7B) apply if, on a reference under section 36, the court has power to release the detained person on bail but is not required to do so by section (General right to be released on bail). (7A) The court may, instead of releasing him-- (a) fix the amount of any recognizance, bail bond or security to be taken on his release on bail (including the amount in which any sureties are to be bound), and (b) settle the terms of any conditions to be imposed on his release on bail. (7B) The person concerned must be released on bail on the recognizance or bond being taken, or the security being given.")
86C*	Page 28, line 32, at end insert-- ("(8) A person released on bail under section (General right to be released on bail) is to be subject to such restrictions (if any) as to his employment or occupation while he is in the United Kingdom as may from time to time be notified to him in writing by an immigration officer. (9) Any restriction imposed on a person under subsection (8) has effect for the purposes of this Part as a condition of his bail.")