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 116
	BY THE LORD BASSAM OF BRIGHTON
195	Page 74, line 21, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,")
196	Page 74, line 23, after ("(7)") insert ("of that section and in that paragraph")
197*	Page 74, line 27, leave out from beginning to ("person") in line 28 and insert (""(4) No arrangements under subsection (1) above may be given effect to in relation to a")
198*	Page 74, line 29, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (5) 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 (4) above 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."")
199*	Page 74, line 32, leave out from beginning to ("person") in line 33 and insert (""(3) No arrangements under subsection (1) above may be given effect to in relation to a")
200*	Page 74, line 34, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (4) 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 (3) above 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."")
201*	Page 74, line 37, leave out from beginning to ("person") in line 38 and insert (""(3) No arrangements under paragraph (a) or (c) of subsection (1) above may be given effect to in relation to a")
202*	Page 74, line 39, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (4) 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 (3) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
203*	Page 74, line 44, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (5) 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 (4) above as they apply for the purposes of that section, but for the references in subsection (5) and (7) of that section and in that paragraph to the Secretary of State substitute references to a local authority.")
	Clause 117
	BY THE LORD BASSAM OF BRIGHTON
204*	Page 75, line 6, leave out from beginning to ("person") in line 7 and insert (""(3) No arrangements made under paragraph (1) may be given effect in relation to a")
205*	Page 75, line 8, at end insert ("solely-- (a) because he is destitute; or (b) because of the physical effects, or anticipated physical effects, of his being destitute. (3A) 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 paragraph (3) as they apply for the purposes of that section, but for the references in subsections (5) and (7) of that section and in paragraph 2 of that Schedule to the Secretary of State substitute references to the Department."")
206	Page 75, line 17, leave out ("and (5)")
207	Page 75, line 18, after ("1999") insert (", and paragraph 2 of Schedule (Provision of Support: Regulations) to that Act,")
208*	Page 75, line 20, after ("(7)") insert ("of that section and in paragraph 2 of that Schedule")
	Clause 118
	BY THE LORD BASSAM OF BRIGHTON
209	Page 75, line 40, leave out from ("under") to ("in") in line 43 and insert ("any of the child welfare provisions")
210	Page 76, line 8, at end insert-- ("( ) The child welfare provisions" means-- (a) section 17 of the Children Act 1989 (local authority support for children and their families); (b) section 22 of the Children (Scotland) Act 1995 (equivalent provision for Scotland); and (c) Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland).")
211	Page 76, line 11, leave out from ("under") to ("in") in line 12 and insert ("any of the child welfare provisions")
212	Page 76, line 14, after ("means") insert ("-- (a) in relation to Northern Ireland, the authority within whose area the withdrawn accommodation was provided; (b) in any other case,")
	Clause 119
	BY THE LORD BASSAM OF BRIGHTON
213	Page 76, line 23, leave out from beginning to ("provide") and insert ("Regulations may")
214	Page 77, line 8, after ("regulations") insert ("made by the Secretary of State")
215	Page 77, line 11, after ("regulations") insert ("made by the Department")
216	Page 77, line 14, after ("regulations") insert ("made by the Secretary of State")
217	Page 77, line 17, after ("regulations") insert ("made by the Department")
	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 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
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.")



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