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 Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords.

After Clause 22

BY THE LORD BASSAM OF BRIGHTON

     Insert the following new Clause--

("Charges: travel documents

    .--(1) The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications to him for travel documents.

    (2)  If a fee is prescribed in connection with an application of a particular kind, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.

    (3)  In respect of any period before the coming into force of this section, the Secretary of State is to be deemed always to have had power to impose charges in connection with--
(a)  applications to him for travel documents; or

(b)  the issue by him of travel documents.
    (4)  Travel document" does not include a passport.") Charges: travel documents.

Clause 32

BY THE LORD BASSAM OF BRIGHTON

     Page 22, leave out lines 10 to 20 and insert ("for paragraphs (a) and (b) substitute--
(a)  until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or

(b)  if criminal proceedings have been instituted against the arrested person--

    (i)  until he is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter;

    (ii)  if he has been convicted, until the court decides whether or not to order forfeiture of the ship aircraft or vehicle,

and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint."  ")

Clause 40

BY THE LORD BASSAM OF BRIGHTON

     Page 29, line 31, leave out from ("and") to end of line 38 and insert ("there is no relevant decision which the officer is in a position to take; or")

     Page 29, line 45, at end insert--

    ("(  )  Each of the following is a relevant decision--
(a)  a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act;

(b)  a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom;

(c)  a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(7) of that Schedule.")

Clause 44

BY THE LORD BASSAM OF BRIGHTON

     Page 33, line 18, leave out ("41") and insert (" 40")

Clause 84

BY THE LORD BASSAM OF BRIGHTON

     Page 56, line 26, leave out ("order of the Court of Session") and insert ("extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland")

Clause 89

BY THE LORD BASSAM OF BRIGHTON

     Page 59, line 37, leave out ("to whom support is given") and insert ("for whom support is provided")

     Page 60, line 8, after ("while") insert ("--
(a)  the child is under 18; and

(b)")

Clause 90

BY THE LORD BASSAM OF BRIGHTON

     Page 60, line 41, after ("prescribed") insert ("for the purposes of this paragraph")

     Page 60, line 42, leave out ("any prescribed matter") insert ("such matters as may be prescribed for the purposes of this paragraph")

Clause 92

BY THE LORD BASSAM OF BRIGHTON

     Page 62, line 18, leave out from ("order") to end of line 19 and insert ("repeal all or any of the following--
(a)  subsection (1)(a);

(b)  subsection (1)(b);

(c)  subsection (2)(a).")

Clause 95

BY THE LORD BASSAM OF BRIGHTON

     Page 64, line 8, leave out ("supported persons") and insert ("asylum-seekers")

Clause 99

BY THE LORD BASSAM OF BRIGHTON

     Page 66, line 26, at end insert ("; or
(c)  dismiss the appeal.")

     Page 66, line 29, leave out ("determined against the appellant") and insert ("dismissed")

     Page 66, line 30, leave out ("from him") and insert ("by the appellant")

Clause 137

BY THE LORD BASSAM OF BRIGHTON

     Page 95, line 18, at end insert--

    ("(11A)  An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed--
(a)  if he is a constable, by a person designated for the purpose by the chief constable of his police force;

(b)  if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer;

(c)  if he is a prison officer, by a person designated for the purpose by the governor of the prison;

(d)  if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.
    (  )  Neither subsection (3) nor subsection (11A) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.")

Clause 139

BY THE LORD BASSAM OF BRIGHTON

     Page 96, line 5, after ("citizen") insert (", or
(b)  a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act,")

Clause 143

BY THE LORD BASSAM OF BRIGHTON

     Page 97, line 32, at end insert--
(""certified prisoner custody officer" means a prisoner custody officer certified under section 89 of the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform custodial duties;")

Clause 146

BY THE LORD BASSAM OF BRIGHTON

     Page 100, line 9, after ("by") insert ("certified")

     Page 100, line 10, leave out from ("person") to end of line 12

Clause 148

BY THE LORD BASSAM OF BRIGHTON

     Page 101, line 7, leave out from ("rules") to end of line 12 and insert ("must include provision--
(a)  as to the making of visits to the centre by members of the Visiting Committee;

(b)  for the hearing of complaints made by persons detained in the centre;

(c)  requiring the making of reports by the Visiting Committee to the Secretary of State.")

Clause 151

BY THE LORD BASSAM OF BRIGHTON

     Page 102, line 15, after ("or") insert ("a certified")

     Page 102, line 22, at end insert ("and short-term holding facilities")

Schedule 11

BY THE LORD BASSAM OF BRIGHTON

     Page 137, line 23, after ("centre") insert ("or short-term holding facility")

     Page 137, line 25, at end insert ("or short-term holding facility")

     Page 137, line 26, leave out ("detention centre") and insert ("centre or facility")

     Page 137, line 27, leave out ("detention centre") and insert ("centre or facility")

     Page 137, line 29, leave out ("detention centre") and insert ("centre or facility")

     Page 138, line 17, leave out ("penalty notice") and insert ("notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable")

     Page 138, line 18, leave out ("a penalty") and insert ("such a")

     Page 138, line 20, leave out sub-paragraph (3)

     Page 138, line 20, at end insert--

    ("  .--(1) In the case of a contracted out short-term holding facility, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility in a conspicuous place.

    (2)  In the case of any other short-term holding facility, the Secretary of State must cause such a notice to be fixed outside the facility in a conspicuous place.")

Clause 152

BY THE LORD BASSAM OF BRIGHTON

     Page 102, line 42, after ("under") insert ("section 89 of")

Schedule 12

BY THE LORD BASSAM OF BRIGHTON

     Page 138, line 35, after ("officer") insert ("or prisoner custody officer")

     Page 138, line 38, at end insert ("; or

(b)  an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991.")
1991 c. 53.

     Page 139, line 19, leave out ("detainee custody officer") and insert ("person ("A")")

     Page 139, line 20, leave out ("place of detention") and insert ("detention centre")

     Page 139, line 23, leave out ("the detainee custody officer") and insert ("A")

     Page 139, line 24, at end insert--

    ("(2A)  Sub-paragraph (2B) applies if a detained person for whose delivery or custody a person ("B") has been responsible in accordance with escort arrangements is delivered to a prison.

    (2B)  The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.")

     Page 139, leave out line 32

     Page 139, line 34, after ("rules") insert ("or prison rules")

     Page 139, line 35, at end insert--

    ("(  )  Prison rules" means--

(a)  rules made under section 47 of the Prison Act 1952;
1952 c. 52.

(b)  rules made under section 19 of the Prisons (Scotland) Act 1989;
1989 c. 45.

(c)  rules made under section 13 of the Prison Act (Northern Ireland) 1953.")
1953 c. 18 (N.I.).

Clause 153

BY THE LORD BASSAM OF BRIGHTON

     Page 103, line 32, after ("or") insert ("certified")

Schedule 13

BY THE LORD BASSAM OF BRIGHTON

     Page 143, line 13, leave out from beginning to ("(provisions") and insert--

    ("  . The Prison Act 1952 is amended as follows.

    . In section 37(4) (certain uses of prisons not to amount to closure), after "secure training centre" insert "or for the detention persons detained or required to be detained under the Immigration Act 1971".

    .  In section 55")

     Page 143, line 16, at end insert--

("The Firearms Act 1968 (c. 27)

    . The Firearms Act 1968 is amended as follows.

    . In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert--
    5C. An offence under paragraph 4 of Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."
    . In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert--
    13B. An offence under paragraph 4 of Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)."  ")

© Parliamentary copyright 1999
Prepared 12 October 1999

	After Clause 22
	BY THE LORD BASSAM OF BRIGHTON
	Insert the following new Clause--
	("Charges: travel documents
	.--(1) The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications to him for travel documents. (2) If a fee is prescribed in connection with an application of a particular kind, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations. (3) In respect of any period before the coming into force of this section, the Secretary of State is to be deemed always to have had power to impose charges in connection with-- (a) applications to him for travel documents; or (b) the issue by him of travel documents. (4) Travel document" does not include a passport.")		Charges: travel documents.
	Clause 32
	BY THE LORD BASSAM OF BRIGHTON
	Page 22, leave out lines 10 to 20 and insert ("for paragraphs (a) and (b) substitute-- (a) until a decision is taken as to whether or not to institute criminal proceedings against the arrested person for that offence; or (b) if criminal proceedings have been instituted against the arrested person-- (i) until he is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995, discharged or liberated or the trial diet is deserted simpliciter; (ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship aircraft or vehicle, and for the purposes of this subsection, criminal proceedings are instituted against a person at whichever is the earliest of his first appearance before the sheriff on petition, or the service on him of an indictment or complaint." ")
	Clause 40
	BY THE LORD BASSAM OF BRIGHTON
	Page 29, line 31, leave out from ("and") to end of line 38 and insert ("there is no relevant decision which the officer is in a position to take; or")
	Page 29, line 45, at end insert-- ("( ) Each of the following is a relevant decision-- (a) a decision as to whether, and if so how, to exercise the powers conferred by paragraph 21 of Schedule 2 to the 1971 Act; (b) a decision as to whether to grant the person concerned leave to enter, or remain in, the United Kingdom; (c) a decision as to whether to cancel his leave to enter the United Kingdom under paragraph 2A(7) of that Schedule.")
	Clause 44
	BY THE LORD BASSAM OF BRIGHTON
	Page 33, line 18, leave out ("41") and insert (" 40")
	Clause 84
	BY THE LORD BASSAM OF BRIGHTON
	Page 56, line 26, leave out ("order of the Court of Session") and insert ("extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland")
	Clause 89
	BY THE LORD BASSAM OF BRIGHTON
	Page 59, line 37, leave out ("to whom support is given") and insert ("for whom support is provided")
	Page 60, line 8, after ("while") insert ("-- (a) the child is under 18; and (b)")
	Clause 90
	BY THE LORD BASSAM OF BRIGHTON
	Page 60, line 41, after ("prescribed") insert ("for the purposes of this paragraph")
	Page 60, line 42, leave out ("any prescribed matter") insert ("such matters as may be prescribed for the purposes of this paragraph")
	Clause 92
	BY THE LORD BASSAM OF BRIGHTON
	Page 62, line 18, leave out from ("order") to end of line 19 and insert ("repeal all or any of the following-- (a) subsection (1)(a); (b) subsection (1)(b); (c) subsection (2)(a).")
	Clause 95
	BY THE LORD BASSAM OF BRIGHTON
	Page 64, line 8, leave out ("supported persons") and insert ("asylum-seekers")
	Clause 99
	BY THE LORD BASSAM OF BRIGHTON
	Page 66, line 26, at end insert ("; or (c) dismiss the appeal.")
	Page 66, line 29, leave out ("determined against the appellant") and insert ("dismissed")
	Page 66, line 30, leave out ("from him") and insert ("by the appellant")
	Clause 137
	BY THE LORD BASSAM OF BRIGHTON
	Page 95, line 18, at end insert-- ("(11A) An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed-- (a) if he is a constable, by a person designated for the purpose by the chief constable of his police force; (b) if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer; (c) if he is a prison officer, by a person designated for the purpose by the governor of the prison; (d) if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State. ( ) Neither subsection (3) nor subsection (11A) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.")
	Clause 139
	BY THE LORD BASSAM OF BRIGHTON
	Page 96, line 5, after ("citizen") insert (", or (b) a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the 1971 Act,")
	Clause 143
	BY THE LORD BASSAM OF BRIGHTON
	Page 97, line 32, at end insert-- (""certified prisoner custody officer" means a prisoner custody officer certified under section 89 of the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform custodial duties;")
	Clause 146
	BY THE LORD BASSAM OF BRIGHTON
	Page 100, line 9, after ("by") insert ("certified")
	Page 100, line 10, leave out from ("person") to end of line 12
	Clause 148
	BY THE LORD BASSAM OF BRIGHTON
	Page 101, line 7, leave out from ("rules") to end of line 12 and insert ("must include provision-- (a) as to the making of visits to the centre by members of the Visiting Committee; (b) for the hearing of complaints made by persons detained in the centre; (c) requiring the making of reports by the Visiting Committee to the Secretary of State.")
	Clause 151
	BY THE LORD BASSAM OF BRIGHTON
	Page 102, line 15, after ("or") insert ("a certified")
	Page 102, line 22, at end insert ("and short-term holding facilities")
	Schedule 11
	BY THE LORD BASSAM OF BRIGHTON
	Page 137, line 23, after ("centre") insert ("or short-term holding facility")
	Page 137, line 25, at end insert ("or short-term holding facility")
	Page 137, line 26, leave out ("detention centre") and insert ("centre or facility")
	Page 137, line 27, leave out ("detention centre") and insert ("centre or facility")
	Page 137, line 29, leave out ("detention centre") and insert ("centre or facility")
	Page 138, line 17, leave out ("penalty notice") and insert ("notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable")
	Page 138, line 18, leave out ("a penalty") and insert ("such a")
	Page 138, line 20, leave out sub-paragraph (3)
	Page 138, line 20, at end insert-- (" .--(1) In the case of a contracted out short-term holding facility, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility in a conspicuous place. (2) In the case of any other short-term holding facility, the Secretary of State must cause such a notice to be fixed outside the facility in a conspicuous place.")
	Clause 152
	BY THE LORD BASSAM OF BRIGHTON
	Page 102, line 42, after ("under") insert ("section 89 of")
	Schedule 12
	BY THE LORD BASSAM OF BRIGHTON
	Page 138, line 35, after ("officer") insert ("or prisoner custody officer")
	Page 138, line 38, at end insert ("; or
	(b) an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991.")		1991 c. 53.
	Page 139, line 19, leave out ("detainee custody officer") and insert ("person ("A")")
	Page 139, line 20, leave out ("place of detention") and insert ("detention centre")
	Page 139, line 23, leave out ("the detainee custody officer") and insert ("A")
	Page 139, line 24, at end insert-- ("(2A) Sub-paragraph (2B) applies if a detained person for whose delivery or custody a person ("B") has been responsible in accordance with escort arrangements is delivered to a prison. (2B) The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.")
	Page 139, leave out line 32
	Page 139, line 34, after ("rules") insert ("or prison rules")
	Page 139, line 35, at end insert-- ("( ) Prison rules" means--
	(a) rules made under section 47 of the Prison Act 1952;		1952 c. 52.
	(b) rules made under section 19 of the Prisons (Scotland) Act 1989;		1989 c. 45.
	(c) rules made under section 13 of the Prison Act (Northern Ireland) 1953.")		1953 c. 18 (N.I.).
	Clause 153
	BY THE LORD BASSAM OF BRIGHTON
	Page 103, line 32, after ("or") insert ("certified")
	Schedule 13
	BY THE LORD BASSAM OF BRIGHTON
	Page 143, line 13, leave out from beginning to ("(provisions") and insert-- (" . The Prison Act 1952 is amended as follows. . In section 37(4) (certain uses of prisons not to amount to closure), after "secure training centre" insert "or for the detention persons detained or required to be detained under the Immigration Act 1971". . In section 55")
	Page 143, line 16, at end insert--
	("The Firearms Act 1968 (c. 27)
	. The Firearms Act 1968 is amended as follows. . In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert-- 5C. An offence under paragraph 4 of Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)." . In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert-- 13B. An offence under paragraph 4 of Schedule 10 of the Immigration and Asylum Act 1999 (assaulting a detainee custody officer)." ")