House of Lords Amendments - Immigration and Asylum Bill

House of Lords

Session 1998-99
Publications on the internet
Other Bills before Parliament
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 Second Marshalled List of Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords.

        The amendments have been marshalled in accordance with the Order of 30th July 1999, as follows--

Clauses 76 to 78
Schedule 5
Clauses 79 and 80
Schedule 6
Clauses 81 and 82
Schedule 7
Clauses 83 to 90
Schedule 8
Clauses 91 to 98
Schedule 9
Clauses 99 to 150
Schedule 10
Clause 151
Schedule 11
Clause 152
Schedule 12
Clauses 153 to 164
Schedules 13 to 15

[Amendments marked * are new or have been altered]

Amendment
No.

Schedule 5

BY THE LORD DHOLAKIA

106      Page 123, line 1, leave out ("(c),")

107      Page 123, line 3, after ("person") insert ("who falls within section 79(2)(c) or")

108      Page 123, line 10, at end insert--

    ("(6)  The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (3)(a) or (b) where it relates to a person who falls within paragraph (c) of section 79(2), and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 79(2), of one or more of the rules of that body.")

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

108A      Page 125, line 26, 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.")

108B      Page 128, line 14, at end insert--

("Disqualification for Scottish Parliament

    24A.  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

    24B.  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 81

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

108C      Page 55, line 1, leave out subsections (10) to (12)

Clause 84

BY THE LORD BASSAM OF BRIGHTON

109      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

110      Page 59, line 17, at end insert--
(""the Department" means the Department of Health and Social Services for Northern Ireland;")

111      Page 59, line 18, after ("asylum-seeker") insert ("or a supported person")

112      Page 59, line 20, leave out ("the asylum-seeker's") and insert ("his")

113      Page 59, line 21, leave out ("the asylum-seeker") and insert ("his")

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

BY THE LORD BISHOP OF SOUTHWARK
THE BARONESS KENNEDY OF THE SHAWS
THE LORD ACKNER
THE LORD PHILLIPS OF SUDBURY

115      Page 60, line 3, at end insert ("and shall in any event be extended--
    (i)  in the event that either party indicates an intention to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and

    (ii)  for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and

    (iii)  whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and

    (iv)  whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and his dependants (if any) following rejection of an asylum claim")

BY THE LORD BASSAM OF BRIGHTON

116      Page 60, line 5, leave out ("Part IV") and insert ("the Immigration Acts or the Special Immigration Appeals Commission Act 1997") 1997 c. 68.

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

(b)")

After Clause 89

BY THE LORD BISHOP OF SOUTHWARK
THE EARL RUSSELL
THE LORD COPE OF BERKELEY

118      Insert the following new Clause--

    (".  An asylum-seeker, and his dependants (if any), shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act or Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the Library of the House of Commons giving details of the average process times in the determination of--
(a)  initial asylum decisions; and

(b)  appeals to adjudicators against initial asylum decisions,
and certifying that the average time from the lodging of the application for asylum to the determination of an adjudicator of the appeal against the initial asylum decisions is less than six months.") Eligibility for social security benefits.

Clause 90

BY THE LORD COPE OF BERKELEY
THE LORD ACKNER

119      Page 60, line 29, leave out subsection (2)

BY THE LORD BASSAM OF BRIGHTON

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

BY THE LORD GRAHAM OF EDMONTON

121      Page 60, line 41, leave out from ("prescribed") to end of line 7 on page 61

BY THE LORD BASSAM OF BRIGHTON

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

123      Page 61, line 20, at end insert--

    ("(  )  Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.")

Before Schedule 8

BY THE LORD BASSAM OF BRIGHTON

124      Insert the following new Schedule--

("SCHEDULE

PROVISION OF SUPPORT: REGULATIONs

General regulation-making power

    1. The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 90 as he considers appropriate.

Determining whether a person is destitute

    2.--(1)  The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed--
(a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 90.

    (2)  The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 90.

Prescribed levels of support

    3.  The regulations may make provision--
(a)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind;

(b)  as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.

Provision of items and services

    4.  The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 90 for such purposes and in such circumstances as may be prescribed.

Support and assets to be taken into account

    5.  The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided--
(a)  income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and

(b)  support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his,
otherwise than by way of support provided under section 90.

Valuation of assets

    6.  The regulations may make provision as to the valuation of assets.

Breach of conditions

    7.  The regulations may make provision for the Secretary of State to take into account, when deciding--
(a)  whether to provide, or to continue to provide, support under section 90, or

(b)  the level or kind of support to be provided,
the extent to which any condition on which support is being, or has previously been, provided has been complied with.

Suspension or discontinuation of support

    8.--(1)  The regulations may make provision for the suspension or discontinuance of support under section 90 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support).

    (2)  The circumstances which may be prescribed include the cessation of residence--
(a)  in accommodation provided under section 90; or

(b)  at an address notified to the Secretary of State in accordance with the regulations.

Notice to quit

    9.--(1)  The regulations may provide that if--
(a)  as a result of support provided under section 90, a person has a tenancy or a licence to occupy accommodation,

(b)  one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and

(c)  he is given such notice to quit as may be prescribed by the regulations,
his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end.

    (2)  The conditions are that--
(a)  the support provided under section 90 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8;

(b)  the relevant claim for asylum has been determined;

(c)  the supported person has ceased to be destitute;

(d)  he is to be moved to other accommodation.

Contributions to support

    10.  The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.

Recovery of sums by Secretary of State

    11.--(1)  The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 90 where it appears to the Secretary of State--
(a)  that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but

(b)  that those assets have subsequently become, and remain, capable of being realised.
    (2)  An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered--
(a)  as if it were a debt due to the Secretary of State; or

(b)  by such other method of recovery, including by deduction from support provided under section 90 as may be prescribed.

Procedure

    12.  The regulations may make provision with respect to procedural requirements including, in particular, provision as to--
(a)  the procedure to be followed in making an application for support;

(b)  the information which must be provided by the applicant;

(c)  the circumstances in which an application may not be entertained;

(d)  the making of further enquiries by the Secretary of State;

(e)  the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.")

© Parliamentary copyright 1999
Prepared 19 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	Schedule 5
	BY THE LORD DHOLAKIA
106	Page 123, line 1, leave out ("(c),")
107	Page 123, line 3, after ("person") insert ("who falls within section 79(2)(c) or")
108	Page 123, line 10, at end insert-- ("(6) The complaints scheme must provide for the Commissioner to bring to the attention of a designated professional body a relevant complaint under sub-paragraph (3)(a) or (b) where it relates to a person who falls within paragraph (c) of section 79(2), and a complaint made to him which relates to an alleged breach, by a person who falls within paragraph (c) of section 79(2), of one or more of the rules of that body.")
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
108A	Page 125, line 26, 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.")
108B	Page 128, line 14, at end insert--
	("Disqualification for Scottish Parliament
	24A. 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
	24B. 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 81
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
108C	Page 55, line 1, leave out subsections (10) to (12)
	Clause 84
	BY THE LORD BASSAM OF BRIGHTON
109	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
110	Page 59, line 17, at end insert-- (""the Department" means the Department of Health and Social Services for Northern Ireland;")
111	Page 59, line 18, after ("asylum-seeker") insert ("or a supported person")
112	Page 59, line 20, leave out ("the asylum-seeker's") and insert ("his")
113	Page 59, line 21, leave out ("the asylum-seeker") and insert ("his")
114	Page 59, line 37, leave out ("to whom support is given") and insert ("for whom support is provided")
	BY THE LORD BISHOP OF SOUTHWARK THE BARONESS KENNEDY OF THE SHAWS THE LORD ACKNER THE LORD PHILLIPS OF SUDBURY
115	Page 60, line 3, at end insert ("and shall in any event be extended-- (i) in the event that either party indicates an intention to bring judicial review proceedings in respect of an asylum claim or other aspect of an asylum seeker's immigration status, for a period reasonably long enough to enable him to do so, and (ii) for so long as any such proceedings, and any further appeal or proceedings arising from them, remain pending, and (iii) whether or not such proceedings are proposed or taken, for so long as the Secretary of State has under consideration further representations in respect of the claimant's immigration status, and (iv) whenever and for so long as the Secretary of State does not or is for any reason unable to effect the removal of an asylum seeker and his dependants (if any) following rejection of an asylum claim")
	BY THE LORD BASSAM OF BRIGHTON
116	Page 60, line 5, leave out ("Part IV") and insert ("the Immigration Acts or the Special Immigration Appeals Commission Act 1997")	1997 c. 68.
117	Page 60, line 8, after ("while") insert ("-- (a) the child is under 18; and (b)")
	After Clause 89
	BY THE LORD BISHOP OF SOUTHWARK THE EARL RUSSELL THE LORD COPE OF BERKELEY
118	Insert the following new Clause--
	(". An asylum-seeker, and his dependants (if any), shall be eligible for any social security benefits to which they would have been entitled if neither Part VI of this Act or Schedule 1 to the Asylum and Immigration Act 1996 had been in force, until such time as the Secretary of State has placed a report in the Library of the House of Commons giving details of the average process times in the determination of-- (a) initial asylum decisions; and (b) appeals to adjudicators against initial asylum decisions, and certifying that the average time from the lodging of the application for asylum to the determination of an adjudicator of the appeal against the initial asylum decisions is less than six months.")	Eligibility for social security benefits.
	Clause 90
	BY THE LORD COPE OF BERKELEY THE LORD ACKNER
119	Page 60, line 29, leave out subsection (2)
	BY THE LORD BASSAM OF BRIGHTON
120	Page 60, line 41, after ("prescribed") insert ("for the purposes of this paragraph")
	BY THE LORD GRAHAM OF EDMONTON
121	Page 60, line 41, leave out from ("prescribed") to end of line 7 on page 61
	BY THE LORD BASSAM OF BRIGHTON
122	Page 60, line 42, leave out ("any prescribed matter") insert ("such matters as may be prescribed for the purposes of this paragraph")
123	Page 61, line 20, at end insert-- ("( ) Schedule (Provision of Support: Regulations) gives the Secretary of State power to make regulations supplementing this section.")
	Before Schedule 8
	BY THE LORD BASSAM OF BRIGHTON
124	Insert the following new Schedule--
	("SCHEDULE
	PROVISION OF SUPPORT: REGULATIONs
	General regulation-making power
	1. The Secretary of State may by regulations make such further provision with respect to the powers conferred on him by section 90 as he considers appropriate.
	Determining whether a person is destitute
	2.--(1) The regulations may provide, in connection with determining whether a person is destitute, for the Secretary of State to take into account, except in such circumstances (if any) as may be prescribed-- (a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and (b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his, otherwise than by way of support provided under section 90. (2) The regulations may provide that in such circumstances (if any) as may be prescribed, a person is not to be treated as destitute for the purposes of section 90.
	Prescribed levels of support
	3. The regulations may make provision-- (a) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support in accordance with prescribed levels or of a prescribed kind; (b) as to the circumstances in which the Secretary of State may, as a general rule, be expected to provide support otherwise than in accordance with the prescribed levels.
	Provision of items and services
	4. The regulations may make provision for prescribed items or services to be provided or made available to persons receiving support under section 90 for such purposes and in such circumstances as may be prescribed.
	Support and assets to be taken into account
	5. The regulations may make provision requiring the Secretary of State, except in such circumstances (if any) as may be prescribed, to take into account, when deciding the level or kind of support to be provided-- (a) income which the person concerned, or any dependant of his, has or might reasonably be expected to have, and (b) support which is, or assets of a prescribed kind which are, or might reasonably be expected to be, available to him or to any dependant of his, otherwise than by way of support provided under section 90.
	Valuation of assets
	6. The regulations may make provision as to the valuation of assets.
	Breach of conditions
	7. The regulations may make provision for the Secretary of State to take into account, when deciding-- (a) whether to provide, or to continue to provide, support under section 90, or (b) the level or kind of support to be provided, the extent to which any condition on which support is being, or has previously been, provided has been complied with.
	Suspension or discontinuation of support
	8.--(1) The regulations may make provision for the suspension or discontinuance of support under section 90 in prescribed circumstances (including circumstances in which the Secretary of State would otherwise be under a duty to provide support). (2) The circumstances which may be prescribed include the cessation of residence-- (a) in accommodation provided under section 90; or (b) at an address notified to the Secretary of State in accordance with the regulations.
	Notice to quit
	9.--(1) The regulations may provide that if-- (a) as a result of support provided under section 90, a person has a tenancy or a licence to occupy accommodation, (b) one or more of the conditions mentioned in sub-paragraph (2) are satisfied, and (c) he is given such notice to quit as may be prescribed by the regulations, his tenancy or licence is to be treated as ending with the period specified in that notice, regardless of when it could otherwise be brought to an end. (2) The conditions are that-- (a) the support provided under section 90 is suspended or discontinued as a result of any provision of a kind mentioned in paragraph 8; (b) the relevant claim for asylum has been determined; (c) the supported person has ceased to be destitute; (d) he is to be moved to other accommodation.
	Contributions to support
	10. The regulations may make provision requiring a supported person to make payments to the Secretary of State, in prescribed circumstances, by way of contributions to the cost of the provision of that support.
	Recovery of sums by Secretary of State
	11.--(1) The regulations may provide for the recovery by the Secretary of State of sums representing the whole or part of the monetary value of support provided to a person under section 90 where it appears to the Secretary of State-- (a) that that person had, at the time when he applied for support, assets of any kind in the United Kingdom or elsewhere which were not capable of being realised; but (b) that those assets have subsequently become, and remain, capable of being realised. (2) An amount recoverable under regulations made by virtue of sub-paragraph (1) may be recovered-- (a) as if it were a debt due to the Secretary of State; or (b) by such other method of recovery, including by deduction from support provided under section 90 as may be prescribed.
	Procedure
	12. The regulations may make provision with respect to procedural requirements including, in particular, provision as to-- (a) the procedure to be followed in making an application for support; (b) the information which must be provided by the applicant; (c) the circumstances in which an application may not be entertained; (d) the making of further enquiries by the Secretary of State; (e) the circumstances in which, and person by whom, a change of circumstances of a prescribed description must be notified to the Secretary of State.")