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 Fourth 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 92 and 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 92

BY THE LORD WILLIAMS OF MOSTYN

171A      Page 60, line 1, leave out ("an area") insert ("as reception zones--
(a)  areas in England and Wales")

171B      Page 60, line 2, leave out ("as a reception zone") and insert--
("(b)  areas in Scotland consisting of the areas of one or more local authorities;

(c)  Northern Ireland.")

171C      Page 60, line 3, leave out subsection (2)

171D      Page 60, line 9, leave out ("within a reception zone")

BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR

172      Page 60, line 30, after ("must") insert (", after consulting the local authorities concerned,")

BY THE LORD WILLIAMS OF MOSTYN

172A      Page 60, line 41, at end insert--

    ("(  )  Before designating a reception zone in Great Britain, the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate.

    (  )  Before designating Northern Ireland as a reception zone, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

    (  )  Before making regulations under subsection (8) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate.

    (  )  Before making any other regulations under subsection (8), the Secretary of State must consult--
(a)  such local authorities, local authority associations and other persons as he thinks appropriate; and

(b)  if the regulations extend to Northern Ireland, the Executive.")

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.")

Clause 96

BY THE LORD WILLIAMS OF MOSTYN

175A      Page 61, line 42, leave out ("under section 85")

175B      Page 61, line 42, after ("person") insert ("under any provision made by or under this Part")

Clause 98

BY THE LORD ALTON OF LIVERPOOL

176      Page 62, line 42, at beginning insert ("knowingly")

177      Page 62, line 42, leave out ("or neglects")

178      Page 62, line 42, after ("a") insert ("material")

179      Page 62, line 42, after ("any") insert ("material")

180      Page 62, line 43, after ("a") insert ("material")

BY THE EARL RUSSELL

180A      Page 62, line 45, leave out subsection (2)

Clause 99

BY THE BARONESS WILLIAMS OF CROSBY

180B*      Page 63, line 5, after ("neglects") insert ("without good cause")

BY THE LORD WILLIAMS OF MOSTYN

180C      Page 63, line 7, leave out ("section 85") and insert ("any provision made by or under this Part")

Clause 101

BY THE LORD WILLIAMS OF MOSTYN

180D      Page 64, line 1, leave out ("an authority") and insert ("a body")

180E      Page 64, line 3, leave out ("authority") and insert ("body")

Clause 102

BY THE LORD COPE OF BERKELEY
THE LORD GLENTORAN

181      Page 64, line 12, at end insert--

    ("(  )  In the exercise of the power conferred under subsection (1) the Secretary of State shall ensure that as far as possible similar support is available in Northern Ireland as in Great Britain.")

Clause 105

BY THE LORD WILLIAMS OF MOSTYN

181A      Page 65, line 29, at end insert ("as a result of the error")

Clause 106

BY THE LORD ALTON OF LIVERPOOL
THE LORD ASHLEY OF STOKE
THE LORD DHOLAKIA

182      Page 65, line 39, leave out paragraph (b)

183      Page 65, line 41, leave out paragraph (d)

184      Page 66, line 2, leave out paragraph (g)

BY THE LORD ALTON OF LIVERPOOL
THE LORD DHOLAKIA
THE BARONESS WILLIAMS OF CROSBY

185      Page 66, line 15, at end insert--

    ("(  )  Subsections (1)(e), (1)(j) and (1)(k) of this section shall not apply to an asylum-seeker who has a dependant under the age of 18, but income support shall be paid at the urgent cases rate as prescribed.")

BY THE LORD GRAHAM OF EDMONTON
THE LORD CLINTON-DAVIS

186      Page 66, line 15, at end insert--

    ("(  )  Subsections (1)(e), (j) and (k) of this section shall not apply to an asylum seeker where there is evidence of persecution or torture, or both, including rape or other sexual violence, who shall be paid income support at the urgent cases rate as prescribed.")

BY THE LORD WILLIAMS OF MOSTYN

186YA      Page 66, line 29, leave out subsection (5)

Clause 107

BY THE LORD WILLIAMS OF MOSTYN

186ZA      Page 66, line 35, leave out from ("person") to ("may") in line 36 and insert ("to whom section 106 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies")

BY THE EARL RUSSELL

     The Earl Russell gives notice of his intention to oppose the Question that Clause 107 stand part of the Bill.

Clause 108

BY THE EARL RUSSELL

186A      Page 67, line 1, leave out subsections (1) and (2)

     The Earl Russell gives notice of his intention to oppose the Question that Clause 108 stand part of the Bill.

Clause 109

BY THE LORD WILLIAMS OF MOSTYN

186B      Page 67, line 36, leave out subsection (2)

Clause 111

BY THE LORD WILLIAMS OF MOSTYN

186C      Page 68, line 33, leave out from ("person") to ("is") in line 34 and insert ("to whom section 106 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies")

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

187      Page 69, line 13, leave out subsections (4) and (5)

Clause 113

BY THE LORD WILLIAMS OF MOSTYN

187ZA      Page 70, line 20, after ("families)") insert ("or section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland)")

BY THE LORD DHOLAKIA

187A      Page 70, line 33, leave out ("accommodation") and insert ("assistance")

187B      Page 70, line 34, leave out ("subsection (3)") and insert ("subsections (3) and (4)")

BY THE LORD WILLIAMS OF MOSTYN

187BA      Page 70, line 36, after ("1989") insert ("or section 22 of the Act of 1995")

BY THE LORD DHOLAKIA

187C      Page 70, line 36, at end insert ("as part of the eligible person's household")

187D      Page 70, line 37, leave out from ("area") to end of line 38 and insert ("the accommodation--
(a)  was provided and withdrawn; or

(b)  was occupied by a child as part of an eligible person's household in respect of which provision under subsection (4) has been withdrawn")

BY THE LORD COPE OF BERKELEY
THE LORD ALTON OF LIVERPOOL

188      Page 70, line 39, leave out subsection (10)

BY THE LORD NORTHBOURNE
THE EARL OF SANDWICH

188A      Page 70, line 40, at end insert--

    ("(11)  Nothing in this section shall prevent any local authority from inspecting and reporting upon the suitability of arrangements made by the Secretary of State under subsections (3) and (4) of this section in respect of a child resident in its area, and a copy of such report shall be delivered to the Secretary of State and made available on request for inspection by any member of the public.")

Before Clause 115

BY THE EARL RUSSELL

188B      Insert the following new Clause--

    ("  .  The Secretary of State shall prior to the commencement this Part of this Act consult persons appearing to him to represent best value authorities affected by that Part with regard to excluding functions under it pursuant to section 2(5) of the Local Government Act 1999.") Application of best value provisions to authorities affected by this Part.

Clause 115

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

189      Page 72, line 3, after ("State") insert ("while acting in England and Wales")

BY THE LORD WILLIAMS OF MOSTYN

189A      Page 72, line 5, leave out ("real or personal property") and insert ("property, real or personal, heritable or moveable,")

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

190      Page 72, line 5, after ("personal") insert ("or moveable")

Before Clause 119

BY THE BARONESS WILLIAMS OF CROSBY

190XA      Insert the following new Clause--

    ("  .--(1)  The Secretary of State for the Home Department shall issue a codes of practice in connection with the exercise by immigration officers, or any other persons, of the powers contained in this Part of this Act to--
(a)  search for and arrest persons, enter and search premises and search persons held in detention;

(b)  seize and retain material found on persons or premises;

(c)  fingerprint.
    (2)  Any person exercising powers under this Part of this Act shall be bound by a disciplinary code, which shall be attached to the said codes.

    (3)  A failure on the part of an immigration officer or other said person to abide by any of the provisions of the codes shall raise a presumption against the admissibility of any evidence obtained in exercise of the powers contained in this Part of this Act in any hearing before a court or tribunal.

    (4)  A failure to abide by the procedures contained within the codes shall also lead to disciplinary charges being laid against the immigration officer or other person concerned.") Codes of practice.

190YA      Insert the following new Clause--

    ("  .  The Secretary of State for the Home Department shall establish an independent Immigration Complaints Authority to deal with complaints arising from the exercise of the powers contained in this Part of this Act.") Immigration Complaints Authority.

© Parliamentary copyright 1999
Prepared 27 July 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Clause 92
	BY THE LORD WILLIAMS OF MOSTYN
171A	Page 60, line 1, leave out ("an area") insert ("as reception zones-- (a) areas in England and Wales")
171B	Page 60, line 2, leave out ("as a reception zone") and insert-- ("(b) areas in Scotland consisting of the areas of one or more local authorities; (c) Northern Ireland.")
171C	Page 60, line 3, leave out subsection (2)
171D	Page 60, line 9, leave out ("within a reception zone")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
172	Page 60, line 30, after ("must") insert (", after consulting the local authorities concerned,")
	BY THE LORD WILLIAMS OF MOSTYN
172A	Page 60, line 41, at end insert-- ("( ) Before designating a reception zone in Great Britain, the Secretary of State must consult such local authorities, local authority associations and other persons as he thinks appropriate. ( ) Before designating Northern Ireland as a reception zone, the Secretary of State must consult the Executive and such other persons as he thinks appropriate. ( ) Before making regulations under subsection (8) which extend only to Northern Ireland, the Secretary of State must consult the Executive and such other persons as he thinks appropriate. ( ) Before making any other regulations under subsection (8), the Secretary of State must consult-- (a) such local authorities, local authority associations and other persons as he thinks appropriate; and (b) if the regulations extend to Northern Ireland, the Executive.")
	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.")
	Clause 96
	BY THE LORD WILLIAMS OF MOSTYN
175A	Page 61, line 42, leave out ("under section 85")
175B	Page 61, line 42, after ("person") insert ("under any provision made by or under this Part")
	Clause 98
	BY THE LORD ALTON OF LIVERPOOL
176	Page 62, line 42, at beginning insert ("knowingly")
177	Page 62, line 42, leave out ("or neglects")
178	Page 62, line 42, after ("a") insert ("material")
179	Page 62, line 42, after ("any") insert ("material")
180	Page 62, line 43, after ("a") insert ("material")
	BY THE EARL RUSSELL
180A	Page 62, line 45, leave out subsection (2)
	Clause 99
	BY THE BARONESS WILLIAMS OF CROSBY
180B*	Page 63, line 5, after ("neglects") insert ("without good cause")
	BY THE LORD WILLIAMS OF MOSTYN
180C	Page 63, line 7, leave out ("section 85") and insert ("any provision made by or under this Part")
	Clause 101
	BY THE LORD WILLIAMS OF MOSTYN
180D	Page 64, line 1, leave out ("an authority") and insert ("a body")
180E	Page 64, line 3, leave out ("authority") and insert ("body")
	Clause 102
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN
181	Page 64, line 12, at end insert-- ("( ) In the exercise of the power conferred under subsection (1) the Secretary of State shall ensure that as far as possible similar support is available in Northern Ireland as in Great Britain.")
	Clause 105
	BY THE LORD WILLIAMS OF MOSTYN
181A	Page 65, line 29, at end insert ("as a result of the error")
	Clause 106
	BY THE LORD ALTON OF LIVERPOOL THE LORD ASHLEY OF STOKE THE LORD DHOLAKIA
182	Page 65, line 39, leave out paragraph (b)
183	Page 65, line 41, leave out paragraph (d)
184	Page 66, line 2, leave out paragraph (g)
	BY THE LORD ALTON OF LIVERPOOL THE LORD DHOLAKIA THE BARONESS WILLIAMS OF CROSBY
185	Page 66, line 15, at end insert-- ("( ) Subsections (1)(e), (1)(j) and (1)(k) of this section shall not apply to an asylum-seeker who has a dependant under the age of 18, but income support shall be paid at the urgent cases rate as prescribed.")
	BY THE LORD GRAHAM OF EDMONTON THE LORD CLINTON-DAVIS
186	Page 66, line 15, at end insert-- ("( ) Subsections (1)(e), (j) and (k) of this section shall not apply to an asylum seeker where there is evidence of persecution or torture, or both, including rape or other sexual violence, who shall be paid income support at the urgent cases rate as prescribed.")
	BY THE LORD WILLIAMS OF MOSTYN
186YA	Page 66, line 29, leave out subsection (5)
	Clause 107
	BY THE LORD WILLIAMS OF MOSTYN
186ZA	Page 66, line 35, leave out from ("person") to ("may") in line 36 and insert ("to whom section 106 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies")
	BY THE EARL RUSSELL
	The Earl Russell gives notice of his intention to oppose the Question that Clause 107 stand part of the Bill.
	Clause 108
	BY THE EARL RUSSELL
186A	Page 67, line 1, leave out subsections (1) and (2)
	The Earl Russell gives notice of his intention to oppose the Question that Clause 108 stand part of the Bill.
	Clause 109
	BY THE LORD WILLIAMS OF MOSTYN
186B	Page 67, line 36, leave out subsection (2)
	Clause 111
	BY THE LORD WILLIAMS OF MOSTYN
186C	Page 68, line 33, leave out from ("person") to ("is") in line 34 and insert ("to whom section 106 of the Immigration and Asylum Act 1999 (exclusion from benefits) applies")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
187	Page 69, line 13, leave out subsections (4) and (5)
	Clause 113
	BY THE LORD WILLIAMS OF MOSTYN
187ZA	Page 70, line 20, after ("families)") insert ("or section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland)")
	BY THE LORD DHOLAKIA
187A	Page 70, line 33, leave out ("accommodation") and insert ("assistance")
187B	Page 70, line 34, leave out ("subsection (3)") and insert ("subsections (3) and (4)")
	BY THE LORD WILLIAMS OF MOSTYN
187BA	Page 70, line 36, after ("1989") insert ("or section 22 of the Act of 1995")
	BY THE LORD DHOLAKIA
187C	Page 70, line 36, at end insert ("as part of the eligible person's household")
187D	Page 70, line 37, leave out from ("area") to end of line 38 and insert ("the accommodation-- (a) was provided and withdrawn; or (b) was occupied by a child as part of an eligible person's household in respect of which provision under subsection (4) has been withdrawn")
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL
188	Page 70, line 39, leave out subsection (10)
	BY THE LORD NORTHBOURNE THE EARL OF SANDWICH
188A	Page 70, line 40, at end insert-- ("(11) Nothing in this section shall prevent any local authority from inspecting and reporting upon the suitability of arrangements made by the Secretary of State under subsections (3) and (4) of this section in respect of a child resident in its area, and a copy of such report shall be delivered to the Secretary of State and made available on request for inspection by any member of the public.")
	Before Clause 115
	BY THE EARL RUSSELL
188B	Insert the following new Clause--
	(" . The Secretary of State shall prior to the commencement this Part of this Act consult persons appearing to him to represent best value authorities affected by that Part with regard to excluding functions under it pursuant to section 2(5) of the Local Government Act 1999.")	Application of best value provisions to authorities affected by this Part.
	Clause 115
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
189	Page 72, line 3, after ("State") insert ("while acting in England and Wales")
	BY THE LORD WILLIAMS OF MOSTYN
189A	Page 72, line 5, leave out ("real or personal property") and insert ("property, real or personal, heritable or moveable,")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
190	Page 72, line 5, after ("personal") insert ("or moveable")
	Before Clause 119
	BY THE BARONESS WILLIAMS OF CROSBY
190XA	Insert the following new Clause--
	(" .--(1) The Secretary of State for the Home Department shall issue a codes of practice in connection with the exercise by immigration officers, or any other persons, of the powers contained in this Part of this Act to-- (a) search for and arrest persons, enter and search premises and search persons held in detention; (b) seize and retain material found on persons or premises; (c) fingerprint. (2) Any person exercising powers under this Part of this Act shall be bound by a disciplinary code, which shall be attached to the said codes. (3) A failure on the part of an immigration officer or other said person to abide by any of the provisions of the codes shall raise a presumption against the admissibility of any evidence obtained in exercise of the powers contained in this Part of this Act in any hearing before a court or tribunal. (4) A failure to abide by the procedures contained within the codes shall also lead to disciplinary charges being laid against the immigration officer or other person concerned.")	Codes of practice.
190YA	Insert the following new Clause--
	(" . The Secretary of State for the Home Department shall establish an independent Immigration Complaints Authority to deal with complaints arising from the exercise of the powers contained in this Part of this Act.")	Immigration Complaints Authority.