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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	Schedule 8
	BY THE LORD BASSAM OF BRIGHTON
125	Page 132, line 13, after ("authorities") insert ("or local authorities falling within a prescribed description of authority")
126	Page 132, leave out line 14 and insert ("eligible persons. ( ) Eligible persons" means-- (a) asylum-seekers, or (b) their dependants, who appear to be destitute or to be likely to become destitute within such period as may be prescribed.")
127	Page 132, line 18, leave out ("destitute") and insert ("an eligible person")
128	Page 132, line 19, at end insert-- ("( ) The regulations may make provisions for support to be provided, before the determination of that question, to a person making a claim for support under the regulations by the Secretary of State or such local authority as may be prescribed.")
129	Page 132, line 19, at end insert-- ("( ) The local authority concerned" has such meaning as may be prescribed.")
130	Page 132, line 20, leave out ("and (5)")
131	Page 132, line 24, leave out ("a destitute") and insert ("an eligible")
132	Page 132, line 27, at end insert ("; or ( ) must or may be suspended or discontinued.")
133	Page 132, line 30, at end insert-- (" . The regulations may include provision-- (a) as to the level of support that is to be provided; (b) for support to be provided subject to conditions; (c) requiring any such conditions to be set out in writing; (d) requiring a copy of any such conditions to be given to such person as may be prescribed.")
134	Page 132, line 30, at end insert-- (" . The regulations may make provision that, in providing support, a local authority-- (a) are to have regard to such matters as may be prescribed; (b) are not to have regard to such matters as may be prescribed.")
135	Page 132, line 30, at end insert-- (". The regulations may include provision-- (a) prescribing particular areas, or descriptions of area, (which may include a locality within their own area) in which a local authority may not place asylum seekers while providing support for them; (b) prescribing circumstances in which a particular area, or description of area, (which may include a locality within their own area) is to be one in which a local authority may not place asylum seekers while providing support for them; (c) as to the circumstances (if any) in which any such provision is not to apply.")
136	Page 132, line 31, leave out paragraph 6 and insert-- ("6.--(1) The regulations may make provision for the determination by the Secretary of State-- (a) for local authorities generally, (b) for prescribed descriptions of local authority, or (c) for particular local authorities, of the maximum number of asylum-seekers, or the maximum number of eligible persons, for whom the authorities or authority are required under the regulations to provide support. (2) The regulations may make provision for the referral by one local authority to another of a claim for support made under the regulations if the local authority to whom the claim is made consider that it is not manifestly unfounded but-- (a) they are providing support for a number of asylum-seekers equal to, or greater than, the prescribed maximum number of asylum-seekers applicable to them; or (b) they are providing support for a number of eligible persons equal to, or greater than, the prescribed maximum number of eligible persons applicable to them. (3) The regulations may provide that a referral may not be made-- (a) to a prescribed local authority; (b) to local authorities of a prescribed description; or (c) in prescribed circumstances. (4) The regulations may make provision for the payment by a local authority of any reasonable travel or subsistence expenses incurred as a result of a referral made by them. (5) The regulations may make provision for the transfer of a claim for support, or responsibility for providing support, under the regulations from one local authority to another on such terms as may be agreed between them. (6) In exercising any power under the regulations to refer or transfer, a local authority must have regard to such guidance as may be issued by the Secretary of State with respect to the exercise of the power.")
137	Page 132, line 38, leave out ("a claim") and insert ("claims")
138	Page 132, line 39, leave out from second ("to") to end of line 40 and insert ("prescribed local authorities or local authorities of a prescribed description.")
139	Page 132, line 41, leave out sub-paragraph (2)
140	Page 133, line 6, leave out ("a person") and insert ("an asylum-seeker or a dependant of an asylum-seeker")
141	Page 133, line 7, after ("receiving,") insert ("any prescribed description of")
142	Page 133, line 7, leave out ("under any other prescribed enactment")
143	Page 133, line 10, leave out ("claim")
144	Page 133, line 11, leave out ("claim support under any other prescribed enactment") and insert ("any prescribed description of support, except to such extent (if any) as may be prescribed")
145	[Withdrawn]
145A	Page 133, line 13, leave out paragraphs 12 and 13 and insert-- (" . "The interim period" means the period-- (a) beginning on such day as may be prescribed for the purposes of this paragraph; and (b) ending on such day as may be so prescribed.")
	Clause 91
	BY THE LORD BASSAM OF BRIGHTON
146	Page 61, line 32, at end insert-- ("( ) to enable dependants of the asylum seeker to attend bail proceedings in connection with his detention under any provision of the Immigration Acts; or ( ) to enable the asylum-seeker and his dependants to attend bail proceedings in connection with the detention of a dependant of his under any such provision.")
	BY THE LORD AVEBURY
147	Page 61, line 32, at end insert ("or ( ) to enable the supported person and his dependants (if any) to meet what appear to the Secretary of State to be expenses (other than expenses of a prescribed description) incurred in connection with an application for bail under the Immigration Acts.")
	BY THE DUKE OF NORFOLK THE LORD AVEBURY THE LORD COPE OF BERKELEY
148	Page 61, line 32, at end insert-- ("( ) Expenses under subsection (1)(c) include those of obtaining specialist medical care and treatment for the supported person and his dependants (if any). ( ) Reasonable costs of travel to appointments with legal representatives acting for the supported person in his claim for asylum, and appointments for specialist medical care and treatment for himself and his dependants, shall be paid under this section.")
	BY THE LORD ALTON OF LIVERPOOL THE LORD HYLTON
149	Page 61, line 36, at end insert-- ("( ) Support provided by the Secretary of State under subsection (1)(b) or (c) must be by way of payments in cash or exchangeable at face value for cash.")
150	Page 61, line 37, leave out subsection (3)
	BY THE LORD AVEBURY
151	Page 61, line 40, at end insert-- ("( ) Where support is provided to a person by the Secretary of State under subsections (1) or (2) such vouchers or tokens must be redeemable by that person or by a nominee appointed by him in accordance with procedures set out in regulations under section 93 of this Act.")
	Clause 92
	BY THE DUKE OF NORFOLK THE LORD COPE OF BERKELEY THE BARONESS WILLIAMS OF CROSBY
152	Page 62, line 11, after ("accommodation;") insert-- ("( ) the special needs of the person concerned or of his dependants, if any, or of both; ( ) the safety and welfare of the person concerned or of his dependants, if any, or of both; ( ) the protection of any children in the household of the person concerned; ( ) public health; ( ) the availability of competent specialised legal services for asylum seekers; ( ) the availability of specialised medical services for survivors of torture; ( ) the availability of competent interpreting and translating services in the language of the person concerned; ( ) access to mainstream education; ( ) the suitability of the location for the long term resettlement of the person concerned and his dependants, (if any);")
	BY THE LORD COPE OF BERKELEY
153	Page 62, line 13, leave out subsection (2)
154	Page 62, line 18, leave out subsection (3)
	BY THE LORD BASSAM OF BRIGHTON
155	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).")
	BY THE EARL RUSSELL
156	Page 62, line 35, at end insert-- ("( ) When exercising his power to provide essential living needs the Secretary of State shall ensure that the level of support to be provided shall be uprated by at least the same amount as the income support applicable amount is uprated, whether annually as provided under section 150 of the Social Security Administration Act 1992 or otherwise.")
	Clause 93
	BY THE EARL OF SANDWICH THE LORD PHILLIPS OF SUDBURY THE LORD BISHOP OF SOUTHWARK THE LORD COPE OF BERKELEY
157	Page 63, line 14, at end insert-- ("( ) For the purposes of subsection (3) above, the work of charities, churches, faith groups or religious organisations shall not be regarded as support and assets which are or might reasonably be expected to be available to the person concerned or his dependants.")
	BY THE LORD BASSAM OF BRIGHTON
158	Leave out Clause 93
	Clause 95
	BY THE LORD BASSAM OF BRIGHTON
159	Page 64, line 8, leave out ("supported persons") and insert ("asylum-seekers")
160	Page 64, line 19, at end insert-- ("( ) A local authority may incur reasonable expenditure in connection with the preparation of proposals for entering into arrangements under section 90. ( ) The powers conferred on a local authority by this section include power to-- (a) provide services outside their area, (b) provide services jointly with one or more bodies who are not local authorities; (c) form a company for the purpose of providing services; (d) tender for contracts (whether alone or with any other person).")
	Clause 97
	BY THE LORD BASSAM OF BRIGHTON
161	Page 65, line 23, at end insert-- ("( ) The Secretary of State's power to give a direction under subsection (3) in respect of a particular reception zone must be exercised by reference to criteria specified for the purposes of this subsection in the order designating that zone. ( ) The Secretary of State may not give a direction under subsection (3) in respect of a local authority in Scotland unless the Scottish Ministers have confirmed to him that the criteria specified in the designation order concerned are in their opinion met in relation to that authority.")
162	Page 65, line 30, at end insert-- ("( ) If housing accommodation for which a direction under this section is, for the time being, in force-- (a) is not appropriate for the accommodation of persons supported under this Part, but (b) is capable of being made so with minor work, the direction may require the body to whom it is given to secure that that work is done without delay.")
163	Page 65, line 35, leave out ("for the calculation of") and insert ("as to the method to be used in determining")
164	Page 65, line 42, at end insert-- ("( ) with respect to the condition in which the accommodation is to be returned when the direction ceases to have effect.")
165	Page 65, line 42, at end insert-- ("(8A) Regulations under subsection (7) may, in particular, include provision-- (a) for the cost, or part of the cost, of minor work required by a direction under this section to be met by the Secretary of State in prescribed circumstances; (b) as to the maximum amount of expenditure which a body may be required to incur as a result of a direction under this section.")
166	Page 65, line 42, at end insert-- ("(8B) The Secretary of State must by regulations make provision ("the dispute resolution procedure") for resolving disputes arising in connection with the operation of any regulations made under subsection (7). (8C) Regulations under subsection (8B) must include provision-- (a) requiring a dispute to be resolved in accordance with the dispute resolution procedure; (b) requiring the parties to a dispute to comply with obligations imposed on them by the procedure; and (c) for the decision of the person resolving a dispute in accordance with the procedure to be final and binding on the parties.")
167	Page 65, line 43, after ("Britain") insert-- ("(b) determining the criteria to be included in the order designating the zone, or (c) making regulations under subsection (8B),")
	BY THE LORD COPE OF BERKELEY
168	Page 65, line 43, after ("Britain") insert ("or making regulations under subsection (7)")
	BY THE LORD DHOLAKIA
169	Page 65, line 45, at end insert-- ("( ) Before designating a reception zone in Great Britain, the Secretary of State must consult the Legal Aid Board or its successor body.")
	BY THE LORD BASSAM OF BRIGHTON
170	Page 66, line 1, after ("zone") insert (", or (b) determining the criteria to be included in the order designating Northern Ireland,")



© Parliamentary copyright 1999	Prepared 19 October 1999