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 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")
	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
	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."")
	Clause 132
	BY THE LORD COPE OF BERKELEY THE LORD ALTON OF LIVERPOOL
195	Page 90, line 3, after ("B") insert ("or any child")
	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 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.")
	Clause 144
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD DHOLAKIA
201	Page 96, line 6, at end insert ("which shall include training appropriate to ensure the proper care of detained children,")
	Schedule 10
	BY THE BARONESS WILLIAMS OF CROSBY
202	Page 128, line 35, leave out ("or otherwise")
	Schedule 11
	BY THE BARONESS WILLIAMS OF CROSBY
203	Page 129, line 18, at end insert-- ("(3) The rules shall make separate provision for the application in respect of detained children of all matters prescribed.")
	Clause 154
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
204	Page 102, line 28, at end insert-- ("( ) Part VI, ( ) paragraph 1 of Schedule 8,"
205	Page 102, leave out lines 29 and 30
206	Page 102, line 30, at end insert-- ("( ) section 95,")
207	Page 102, line 31, after ("135,") insert-- ("( ) section 143,")
208	Page 102, line 43, at end insert-- ("(6) Any statutory instrument or draft statutory instrument laid before either House of Parliament under this Act shall have attached a certificate by the Minister in charge of the instrument that he is satisfied that the instrument is compatible with the Convention Rights.")
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD DHOLAKIA THE LORD GOODHART
209	Page 102, line 43, at end insert-- ("( ) Any statutory instrument or draft statutory instrument subject to the affirmative procedure must be accompanied by a certificate by the relevant Minister to the effect that it is fully compatible with the European Convention of Human Rights.")
	After Clause 154
	BY THE LORD COPE OF BERKELEY THE VISCOUNT ASTOR
210	Insert the following new Clause--
	(" . No amendment shall be made to the Immigration Rules under the 1971 Act except by a statutory instrument of which a draft has been laid before, and approved by a resolution of, each House of Parliament.")	Amendment to Immigration Rules subject to Parliamentary approval.
	Clause 158
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN
211	Page 104, line 16, at end insert-- ("( ) A day for the entry into force of Part VI of the Act in Northern Ireland shall not be appointed until an assessment has been carried out in terms of section 75 and Schedule 9 of the Northern Ireland Act 1998 and laid on the table of both Houses of Parliament.")
	Schedule 13
	BY THE LORD WILLIAMS OF MOSTYN
212	Page 138, line 36, at end insert-- (". In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert-- (1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending-- (a) completion of his examination under that paragraph; and (b) a decision on whether to cancel his leave to enter." ")
213	Page 138, line 40, at end insert-- (". In Schedule 2, in paragraph 21 (temporary admission of persons liable to detention)-- (a) in sub-paragraph (3), after "2" insert "or 2A"; and (b) in sub-paragraph (4)(a), omit "under paragraph 2 above".")
214	Page 138, line 40, at end insert-- (". In Schedule 2, in paragraph 22 (temporary release of persons liable to detention), in sub-paragraph (1)(a), after "examination;" insert-- (aa) a person detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter;".")
215	Page 138, line 40, at end insert-- (".--(1) In Schedule 2, paragraph 26 (supplementary duties of those connected with ships or aircraft or with ports) is amended as follows. (2) In sub-paragraph (1), omit "and have not been given leave". (3) After sub-paragraph (1) insert-- (1A) Sub-paragraph (1) does not apply in such circumstances, if any, as the Secretary of State may by order prescribe." (4) After sub-paragraph (3) insert-- (3A) The power conferred by sub-paragraph (1A) is exercisable by statutory instrument; and any such instrument shall be subject to annulment by a resolution of either House of Parliament." ")
216	Page 138, line 43, at end insert-- (". In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after "examination" insert ", detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter".")
217	Page 140, line 27, leave out from beginning to end of line 28 and insert-- (" . Omit section 9 (charges).")
	Schedule 15
	BY THE LORD WILLIAMS OF MOSTYN
218	Page 147, line 26, column 3, after ("2,") insert ("in paragraph 21(4)(a) "under paragraph 2 above",")
219	Page 147, line 26, column 3, after ("2,") insert ("in paragraph 26(1) "and have not been given leave" and")
220	Page 147, line 35, column 3, leave out from beginning to end of line 36 and insert ("Section 9.")
	BY THE LORD DHOLAKIA
221*	Page 148, column 3, line 9, at end insert-- ("Section 8.")



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