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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	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,")
	Clause 99
	BY THE LORD ALTON OF LIVERPOOL
171	Page 66, line 23, at end insert-- ("( ) If the Secretary of State provides or offers to provide support which the applicant contends is not adequate for his needs and the needs of his dependants (if any), the applicant may appeal to an adjudicator.")
	BY THE LORD BASSAM OF BRIGHTON
172	Page 66, line 26, at end insert ("; or (c) dismiss the appeal.")
173	Page 66, line 29, leave out ("determined against the appellant") and insert ("dismissed")
174	Page 66, line 30, leave out ("from him") and insert ("by the appellant")
175	Page 66, line 32, at end insert-- ("(6A) The Secretary of State may by regulations provide for decisions as to where support provided under section 90 is to be provided to be appealable to an adjudicator under this Part. (6B) Regulations under subsection (6A) may provide for any provision of this section to have effect, in relation to an appeal brought by virtue of the regulations, subject to such modifications as may be prescribed.")
	Clause 106
	BY THE LORD BASSAM OF BRIGHTON
176	Page 69, line 13, after ("authority") insert ("or Northern Ireland authority")
177	Page 69, line 16, at end insert-- ("(1A) The Secretary of State may from time to time pay to any-- (a) local authority, (b) local authority association, or (c) Northern Ireland authority, such sums as he considers appropriate in respect of services provided by the authority or association in connection with the discharge of functions under this Part.")
178*	Page 69, line 22, at end insert-- ("(3A) The Secretary of State must pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 97(3)(a). (3B) The Secretary of State may pay to a directed body sums determined to be payable in relation to accommodation made available by that body under section 97(3)(b). (3C) In subsections (3A) and (3B)-- determined" means determined in accordance with regulations made by virtue of subsection (8)(a) of section 97, and directed body" means a body to which a direction under subsection (3) of section 97 is given.")
179	Page 69, line 23, after ("(1)") insert (", (1A)")
180	Page 69, line 24, at end insert-- ("( ) Northern Ireland authority" means-- (a) the Executive; or
	(b) a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972.")	S.I. 1972/1265 (N.I. 14).
	Clause 110
	BY THE LORD BASSAM OF BRIGHTON
181	Page 71, line 3, at end insert ("or 94")
	Clause 111
	BY THE LORD BASSAM OF BRIGHTON
182	Page 71, line 27, leave out ("subject to immigration control") and insert ("to whom this section applies")
	BY THE LORD SWINFEN THE LORD ALTON OF LIVERPOOL THE LORD BISHOP OF SOUTHWARK
183	Page 71, line 27, at end insert-- ("( ) Subsection (1)(a), (b), (d) and (g) above do not apply to a person seeking asylum in the United Kingdom or a spouse or dependant of such a person.")
	BY THE LORD GRAHAM OF EDMONTON
184*	Page 71, line 27, at end insert-- ("( ) Subsection (1)(a) to (k) of this section shall not apply to an asylum seeker where there is evidence of persecution or torture (or both), including rape or other sexual violence, who shall be paid income support at the urgent cases rate as prescribed.")
	BY THE LORD BASSAM OF BRIGHTON
185	Page 71, line 34, leave out ("subject to immigration control") and insert ("to whom this section applies")
186	Page 71, line 37, at end insert-- ("(3A) Regulations under subsection (3) may provide for a person to be treated for prescribed purposes only as not being a person to whom this section applies. (3B) In relation to the benefits mentioned in subsection (1)(f) or (g), "prescribed" means prescribed by regulations made by the Treasury. (3C) In relation to the matters mentioned in subsection (2) (except so far as it relates to the benefits mentioned in subsection (1)(f) or (g)), "prescribed" means prescribed by regulations made by the Department.
	(3D) Section 175(3) to (5) of the Social Security Contributions and Benefits Act 1992 (supplemental powers in relation to regulations) applies to regulations made by the Secretary of State or the Treasury under subsection (3) as it applies to regulations made under that Act.	1992 c. 4.
	(3E) Sections 133(2), 171(2) and 172(4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 apply to regulations made by the Department under subsection (3) as they apply to regulations made by the Department under that Act.")	1992 c. 7.
	Clause 112
	BY THE LORD BASSAM OF BRIGHTON
187	Page 72, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,")
188	Page 72, line 20, after ("(7)") insert ("of that section and in that paragraph")
	Clause 113
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD BISHOP OF OXFORD
189	Page 72, line 22, leave out subsections (1) and (2)
	BY THE LORD BASSAM OF BRIGHTON
190	Page 72, line 25, leave out ("made in respect of persons") and insert ("given effect to in relation to a person")
191	Page 72, line 27, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (4B) Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (4A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority." ")
192	Page 72, line 29, after ("illness") insert ("and for care and after-care")
193	Page 72, line 31, leave out ("made in respect of persons") and insert ("given effect to in relation to a person")
194*	Page 72, line 33, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (2B) Subsections (3) and (5) to (8) of section 90 of the Immigration and Asylum Act 1999, and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act, apply for the purposes of subsection (2A) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local social services authority."")



© Parliamentary copyright 1999	Prepared 15 October 1999