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 119
	BY THE BARONESS WILLIAMS OF CROSBY
190ZA*	Page 73, line 23, leave out ("without warrant")
	BY THE LORD DHOLAKIA
190A	Page 73, line 40, after ("25(2)") insert ("or 25(2B)")
	Clause 120
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
191	Page 75, line 1, leave out ("or a justice of the peace")
192	Page 75, line 4, leave out ("or justice")
	BY THE LORD DHOLAKIA
192A	Page 75, line 10, at end insert ("or 25(2B)"")
	Clause 122
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
193	Page 76, line 34, leave out ("or a justice of the peace")
	Clause 125
	BY THE BARONESS WILLIAMS OF CROSBY
193WA	Page 79, line 40, leave out ("but it does authorise the search of a person's mouth")
193XA	Page 79, line 41, at end insert ("if he has reasonable grounds for believing that the person might be in possession of an item capable of causing physical injury to himself or to another person")
	Clause 127
	BY THE BARONESS WILLIAMS OF CROSBY
193YA	Page 83, line 39, leave out ("a reasonable time") and insert ("one week")
193ZA	Page 84, line 17, leave out ("a reasonable time") and insert ("one week")
	Before Clause 131
	BY THE BARONESS WILLIAMS OF CROSBY
193A	Insert the following new Clause--
	(" .--(1) This section applies if a person is liable to detention under the Immigration Acts. (2) The Secretary of State must, by rules, provide criteria for the exercise of the power to detain a person under the Immigration Acts, and no person shall be detained except in accordance with these rules. (3) Any rules made under subsection (2) must provide for the detention of asylum seekers only under exceptional circumstances and provide that a person should only be detained when other non-custodial measures have been considered inappropriate. (4) When hearing any application for bail or reference under the Immigration Acts, a court or an adjudicator, shall-- (a) first consider whether, by reference to the rules made under section 30 of this Act, there is good cause for the detention of the detained person; and (b) consider whether the detained person should be released on bail. (5) If, under subsection (4)(a), the Secretary of State is unable to show good cause for the detention of the detained person, then the detained person shall be released, subject only to such restrictions as to residence and as to reporting to the police or to an immigration officer as may from time to time be notified to him in writing and in a language which he understands. (6) It shall be for the Secretary of State to show that a detained person should not be granted bail. (7) Unless released under subsection (5), the court or an adjudicator may release a detained person on bail only if he enters into a recognizance or, in Scotland, a bail bond.")	Rules for detention.
	Clause 131

193B	[Withdrawn]
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN
194	Page 88, line 22, at end insert-- ("( ) In the 1971 Act, after paragraph 18(1) of Schedule 2 insert-- (1A) A person detained in Northern Ireland under paragraph 16 shall not be held in prison."")
	BY THE LORD AVEBURY
194A	Page 88, line 22, at end insert-- ("( ) In paragraph 18 of Schedule 2 to the 1971 Act, at the beginning there is inserted-- (A1) Persons may be detained under paragraph 16(1) above for a period not exceeding 24 hours in such places as the Secretary of State may direct, and after that in a detention centre as defined in section 137 of the Immigration and Asylum Act 1999."")
194B	Page 88, line 22, at end insert-- ("( ) In paragraph 18(1) of Schedule 2 to the 1971 Act, in line 1, for "16" there is substituted "16(2)".")
	Clause 132
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL
195	Page 90, line 3, after ("B") insert ("or any child")
	BY THE LORD WILLIAMS OF MOSTYN
195A	Page 90, line 9, at end insert-- ("( ) Claim for asylum" has the same meaning as in Part VI.")
	Clause 134
	BY THE LORD WILLIAMS OF MOSTYN
195B	Page 90, line 35, after ("to") insert ("enter or")
	After Clause 135
	BY THE LORD WILLIAMS OF MOSTYN
195C	Insert the following new Clause--
	(" .--(1) An immigration officer exercising any specified power to-- (a) arrest, question, search or take fingerprints from a person, (b) enter and search premises, or (c) seize property found on persons or premises, must have regard to such provisions of a code as may be specified. (2) Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 132. (3) Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified. (4) Specified" means specified in a direction given by the Secretary of State. (5) Authorised person" has the same meaning as in section 132. (6) Code" means--	Codes of practice (No. 2).
	(a) in relation to England and Wales, any code of practice for the time being in force under the Police and Criminal Evidence Act 1984;	1984 c. 60.
	(b) in relation to Northern Ireland, any code of practice for the time being in force under the Police and Criminal Evidence (Northern Ireland) Order 1989. (6) This section does not apply to any person exercising powers in Scotland.")	S.I. 1989/1341 (N.I. 12).
	Clause 136
	BY THE BARONESS WILLIAMS OF CROSBY
195D	Page 91, line 30, leave out ("the 1971 Act or") and insert ("Part VII of")
195E	Page 91, line 30, at end insert ("when dealing with a person who is over sixteen years of age")
	BY THE LORD WILLIAMS OF MOSTYN
195F	Page 91, line 31, after ("133") insert ("or regulations under section 135")
	After Clause 136
	BY THE LORD AVEBURY
195G*	Insert the following new Clause--
	("Asylum seekers bearing false papers
	. In section 5 of the Forgery and Counterfeiting Act 1981, at the end there is inserted-- (7) In subsection (5)(f) above, "passports and documents which can be used instead of passports" does not include any such document when used by a person seeking entry to the United Kingdom as an asylum-seeker or transiting the United Kingdom with a view to seeking asylum in another country."&#M10;&#M10;")	Asylum seekers bearing false papers.
195H*	Insert the following new Clause--
	("Prosecution of asylum-seekers
	.--(1) In the 1971 Act, after section 24(1) there is inserted-- (1A) No prosecution shall be brought under subsection (1)(a) above against a person who has lodged a claim for political asylum under the Convention, or a person who gives information leading an immigration or police officer to believe that he may be eligible for asylum, until his asylum claim is finally rejected, save with the consent of the Attorney-General and in accordance with the criteria set out in Article 31(1) of the 1951 Convention; and any person who gives such information to a police officer shall be referred to an immigration officer to ascertain whether he wishes to make a claim for asylum." (2) After section 26(1) of that Act there is inserted-- (1A) No prosecution shall be brought under subsection (1)(d) above against a person who has lodged a claim for political asylum under the Convention, or a person who gives information leading an immigration or police officer to believe that he may be eligible for asylum, until his asylum claim is finally rejected, save with the consent of the Attorney-General and in accordance with the criteria set out in Article 31(1) of the 1951 Convention; and any person who gives such information to a police officer shall be referred to an immigration officer to ascertain whether he wishes to make a claim for asylum."&#M10;&#M10;")	Prosecution of asylum-seekers.
	Before Clause 137
	BY THE LORD GRAHAM OF EDMONTON
196	Insert the following new Clause--
	(" . Where a person is liable to detention, he or she shall not be detained where there is evidence of a history of persecution or torture, or both.")	No detention where history of persecution or torture.
	BY THE LORD CLINTON-DAVIS
197	Insert the following new Clause--
	(" . Where an asylum seeker is liable to detention, he or she shall not be detained where there is evidence of a history of persecution or torture, or both, including rape or other sexual violence.")	No detention in certain cases.
	After Clause 137
	BY THE BARONESS WILLIAMS OF CROSBY
198	Insert the following new Clause--
	(" .--(1) The maximum period for which a person detained in accordance with Schedule 2 or Schedule 3 of the 1971 Act may be held in a place of detention as specified in paragraph 18 of Schedule 2 to the 1971 Act must not in any event exceed six calendar months. (2) For the purposes of calculating whether the maximum period of detention has been reached each and every period for which a detained person has been held in a detention centre or prison, whether or not the detention has been continuous, shall be taken into account.")	Maximum period of detention.
	Clause 142
	BY THE LORD NORTHBOURNE THE EARL OF SANDWICH
198A	Page 95, line 28, at end insert-- ("(6) In any case where a child is detained in a detention centre under this Part of this Act, the Secretary of State shall arrange for an inspection of the detention centre by the Social Services Inspectorate not less than twice a year.")
	Clause 143
	BY THE BARONESS WILLIAMS OF CROSBY
199	Page 95, line 32, leave out ("safety, care")
200	Page 95, line 33, at end insert-- ("( ) Detention centre rules must make provision for safety and care of detainees, and appropriate medical care and counselling for detainees, including, among other things-- (a) detainees' rights to appropriate medical care and counselling; (b) procedures to be followed in dealing with detainees with physical or psychological problems or who give a history of torture, or both; (c) procedures to ensure detainees' access to independent medical advice; (d) procedures to ensure detainees' access to independent medical opinions in support of their applications for asylum or for protection under the Human Rights Act.")



© Parliamentary copyright 1999	Prepared 27 July 1999