House of Lords Amendments - Immigration and Asylum Bill

House of Lords

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 Supplement (a) to the Third Marshalled List of Amendments to the Immigration and Asylum Bill to be moved in Committee in the House of Lords.

Clause 92

BY THE LORD WILLIAMS OF MOSTYN

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

     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.")

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

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

     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.")

Clause 96

BY THE LORD WILLIAMS OF MOSTYN

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

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

Clause 99

BY THE LORD WILLIAMS OF MOSTYN

     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

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

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

Clause 105

BY THE LORD WILLIAMS OF MOSTYN

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

Clause 106

BY THE LORD WILLIAMS OF MOSTYN

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

Clause 107

BY THE LORD WILLIAMS OF MOSTYN

     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")

Clause 109

BY THE LORD WILLIAMS OF MOSTYN

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

Clause 111

BY THE LORD WILLIAMS OF MOSTYN

     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")

Before Clause 119

BY THE BARONESS WILLIAMS OF CROSBY

     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.

     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.

Clause 125

BY THE BARONESS WILLIAMS OF CROSBY

     Page 79, line 40, leave out ("but it does authorise the search of a person's mouth")

     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

     Page 83, line 39, leave out ("a reasonable time") and insert ("one week")

     Page 84, line 17, leave out ("a reasonable time") and insert ("one week")

Clause 131

BY THE LORD AVEBURY

     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."")

     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 WILLIAMS OF MOSTYN

     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

     Page 90, line 35, after ("to") insert ("enter or")

After Clause 135

BY THE LORD WILLIAMS OF MOSTYN

     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.

(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

     Page 91, line 30, leave out ("the 1971 Act or") and insert ("Part VII of")

     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

     Page 91, line 31, after ("133") insert ("or regulations under section 135")

Clause 154

BY THE LORD WILLIAMS OF MOSTYN

     Page 102, line 31, leave out paragraph (f)

     Page 102, line 37, at end insert--
("(  )  section 135,")

     Page 102, line 42, leave out (" 158(4)") and insert (" 158(2), (4) or (7)")

Clause 155

BY THE LORD WILLIAMS OF MOSTYN

     Page 103, line 7, after ("VI") insert ("and section 132")

© Parliamentary copyright 1999
Prepared 26 July 1999

	Clause 92
	BY THE LORD WILLIAMS OF MOSTYN
	Page 60, line 1, leave out ("an area") insert ("as reception zones-- (a) areas in England and Wales")
	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.")
	Page 60, line 3, leave out subsection (2)
	Page 60, line 9, leave out ("within a reception zone")
	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.")
	Clause 96
	BY THE LORD WILLIAMS OF MOSTYN
	Page 61, line 42, leave out ("under section 85")
	Page 61, line 42, after ("person") insert ("under any provision made by or under this Part")
	Clause 99
	BY THE LORD WILLIAMS OF MOSTYN
	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
	Page 64, line 1, leave out ("an authority") and insert ("a body")
	Page 64, line 3, leave out ("authority") and insert ("body")
	Clause 105
	BY THE LORD WILLIAMS OF MOSTYN
	Page 65, line 29, at end insert ("as a result of the error")
	Clause 106
	BY THE LORD WILLIAMS OF MOSTYN
	Page 66, line 29, leave out subsection (5)
	Clause 107
	BY THE LORD WILLIAMS OF MOSTYN
	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")
	Clause 109
	BY THE LORD WILLIAMS OF MOSTYN
	Page 67, line 36, leave out subsection (2)
	Clause 111
	BY THE LORD WILLIAMS OF MOSTYN
	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")
	Before Clause 119
	BY THE BARONESS WILLIAMS OF CROSBY
	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.
	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.
	Clause 125
	BY THE BARONESS WILLIAMS OF CROSBY
	Page 79, line 40, leave out ("but it does authorise the search of a person's mouth")
	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
	Page 83, line 39, leave out ("a reasonable time") and insert ("one week")
	Page 84, line 17, leave out ("a reasonable time") and insert ("one week")
	Clause 131
	BY THE LORD AVEBURY
	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."")
	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 WILLIAMS OF MOSTYN
	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
	Page 90, line 35, after ("to") insert ("enter or")
	After Clause 135
	BY THE LORD WILLIAMS OF MOSTYN
	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.
	(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
	Page 91, line 30, leave out ("the 1971 Act or") and insert ("Part VII of")
	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
	Page 91, line 31, after ("133") insert ("or regulations under section 135")
	Clause 154
	BY THE LORD WILLIAMS OF MOSTYN
	Page 102, line 31, leave out paragraph (f)
	Page 102, line 37, at end insert-- ("( ) section 135,")
	Page 102, line 42, leave out (" 158(4)") and insert (" 158(2), (4) or (7)")
	Clause 155
	BY THE LORD WILLIAMS OF MOSTYN
	Page 103, line 7, after ("VI") insert ("and section 132")