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 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 DHOLAKIA
118A*	Page 42, line 2, at end insert-- ("( ) This section also applies if directions are given for a person's removal from the United Kingdom under section 8 and he appeals to an adjudicator under section 56(2)(b), provided that he has not already exercised any right of appeal which he may have had under this or any other section in Part IV.")
	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.")
	BY THE LORD DHOLAKIA
120A*	Page 42, line 19, at end insert ("; and ("(c) if he claims that the decision to remove him under section 8 was not in accordance with the immigration rules or otherwise in accordance with the law, include notice of the immigration rule applicable and any other ground relied upon")
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
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."")
	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.



© Parliamentary copyright 1999	Prepared 10 July 1999