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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	After Clause 123
	BY THE LORD DHOLAKIA THE BARONESS WILLIAMS OF CROSBY THE LORD CARR OF HADLEY THE LORD ALLEN OF ABBEYDALE
218	Insert the following new Clause--
	("PART VIA
	IMMIGRATION SERVICE COMPLAINTS AUTHORITY
	.--(1) There shall be an authority to be known as the "Immigration Service Complaints Authority", hereinafter referred to as the "Authority". (2) The Authority shall be comprised of members appointed by the Lord Chancellor's Department, from a panel comprised of individuals with proven experience in the community, local government or academia of monitoring and investigating the use or abuse (or both) of coercive powers. (3) The Authority shall appoint officers, who will monitor and investigate complaints about the use of powers contained in this Act or the Immigration Act 1971. (4) The authority shall devise and issue a handbook outlining the procedures to be followed when making a complaint and the steps which will be taken to investigate such a complaint, after consultation with all relevant organisations and individuals. (5) The authority shall recommend disciplinary or criminal action against immigration officers against whom complaints are upheld, where appropriate. (6) The Authority shall publish an annual report on its activities.")	Immigration Service Complaints Authority.
	Clause 124
	BY THE LORD BASSAM OF BRIGHTON
218A	Page 80, line 3, at end insert-- ("( ) In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed. ( ) In Scotland the powers conferred by subsections (3), (4) and (5) may also be exercised by a constable." ")
	Clause 125
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
218B	Page 80, line 15, leave out ("or a justice of the peace")
218C	Page 80, line 18, leave out ("or justice")
	Clause 127
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
218D	Page 81, line 45, leave out ("or a justice of the peace")
	Clause 136
	BY THE LORD AVEBURY THE LORD HYLTON
219	Page 93, line 35, 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 48 hours in such places as the Secretary of State may direct, and after that in a detention centre as defined in section 143 of the Immigration and Asylum Act 1999.")
220	Page 93, line 35, at end insert-- ("( ) In paragraph 18(1) of Schedule 2 to the 1971 Act, for "16", in the first place it occurs, there is substituted "16(2)".")
	BY THE LORD COPE OF BERKELEY THE LORD GLENTORAN THE LORD MOLYNEAUX
221	Page 93, line 35, at end insert-- ("( ) In the 1971 Act, after paragraph 18(1) insert-- (1A) A person detained in Northern Ireland under paragraph 16 shall not be held with convicted prisoners."")
	After Clause 136
	BY THE LORD GRAHAM OF EDMONTON
222	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), including rape or other sexual violence.")	Detention in cases of persecution etc.
	Clause 137
	BY THE LORD BASSAM OF BRIGHTON
223	Page 95, line 15, leave out ("shall") and insert ("may")
224	Page 95, line 17, leave out ("shall") and insert ("may")
225	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. (11B) 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
226	Page 96, line 2, leave out ("period of ten years") and insert ("specified period")
227	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,")
228	Page 96, line 41, at end insert-- ("(15) Specified period" means-- (a) such period as the Secretary of State may specify by order; (b) if no period is so specified, ten years.")
	Clause 142
	BY THE LORD PHILLIPS OF SUDBURY THE BARONESS WILLIAMS OF CROSBY
229	Page 97, line 24, leave out ("the 1971 Act or") and insert ("Part VII of")
	Before Clause 143
	BY THE LORD HYLTON THE LORD AVEBURY THE LORD BISHOP OF OXFORD
230	Insert the following new Clause--
	(" .--(1) The maximum period for which a person detained in accordance with Schedule 2 or Schedule 3 to the 1971 Act may be held in a place of detention as specified in paragraph 18 of Schedule 2 to that 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 LORD BASSAM OF BRIGHTON
231	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;")	1991 c. 53. 1994 c. 33.
232	Page 98, line 4, after ("facility") insert (", a prison")
233	Page 98, line 21, at end insert-- ("( ) in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;")
	Clause 146
	BY THE LORD BASSAM OF BRIGHTON
234	Page 100, line 9, after ("by") insert ("certified")
235	Page 100, line 10, leave out from ("person") to end of line 12
	Clause 148
	BY THE LORD BASSAM OF BRIGHTON
236	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 149
	BY THE LORD BASSAM OF BRIGHTON
237	Page 101, line 28, leave out subsection (3)
	After Clause 149
	BY THE LORD NORTHBOURNE
238	Insert the following new Clause--
	(" . In any case where a child is detained in a detention centre under Part VIII of this Act, the Secretary of State shall arrange for the detention centre to be inspected by the Social Services Inspectorate as often as he deems to be necessary and in any case not less than once in each period of 24 months.")	Inspection of detention centres holding children.
	Clause 150
	BY THE LORD BASSAM OF BRIGHTON
239	Page 102, line 9, at end insert-- ("( ) A prison officer acting under arrangements made under subsection (5) has all the powers, authority, protection and privileges of a constable.")
	Schedule 10
	BY THE LORD BASSAM OF BRIGHTON
240	Page 135, line 13, at end insert (", or ( ) performing functions of a custodial nature at a short-term holding facility.")
241	Page 135, line 17, leave out sub-paragraphs (2) and (3)
	Clause 151
	BY THE LORD BASSAM OF BRIGHTON
242	Page 102, line 15, after ("or") insert ("a certified")
243	Page 102, line 22, at end insert ("and short-term holding facilities")
	Schedule 11
	BY THE LORD BASSAM OF BRIGHTON
244	Page 137, line 23, after ("centre") insert ("or short-term holding facility")
245	Page 137, line 25, at end insert ("or short-term holding facility")
246	Page 137, line 26, leave out ("detention centre") and insert ("centre or facility")
247	Page 137, line 27, leave out ("detention centre") and insert ("centre or facility")
248	Page 137, line 29, leave out ("detention centre") and insert ("centre or facility")
249	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")
250	Page 138, line 18, leave out ("a penalty") and insert ("such a")
251	Page 138, line 20, leave out sub-paragraph (3)
252	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
253	Page 102, line 42, after ("under") insert ("section 89 of")
254	Page 102, line 43, after ("114") insert ("or 122")
	After Clause 152
	BY THE LORD BASSAM OF BRIGHTON
255	Insert the following new Clause--
	(".--(1) The Secretary of State may by regulations extend any provision made by or under this Part in relation to detention centres (other than one mentioned in subsection (2)) to short-term holding facilities. (2) Subsection (1) does not apply to section 146. (3) The Secretary of State may make rules for the regulation and management of short-term holding facilities.")	Short-term holding facilities.



© Parliamentary copyright 1999	Prepared 19 October 1999