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 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.
	Schedule 12
	BY THE LORD BASSAM OF BRIGHTON
256	Page 138, line 35, after ("officer") insert ("or prisoner custody officer")
257	Page 138, line 38, at end insert ("; or
	(b) an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the Criminal Justice Act 1991 or under section 103 or 119 of the Criminal Justice and Public Order Act 1994.")		1991 c. 53. 1994 c. 33.
258	Page 139, line 19, leave out ("detainee custody officer") and insert ("person ("A")")
259	Page 139, line 20, leave out ("place of detention") and insert ("detention centre")
260	Page 139, line 23, leave out ("the detainee custody officer") and insert ("A")
261	Page 139, line 24, at end insert-- ("(2A) Sub-paragraph (2B) applies if a detained person for whose delivery or custody a person ("B") has been responsible in accordance with escort arrangements is delivered to a prison. (2B) The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.")
262	Page 139, leave out line 32
263	Page 139, line 34, after ("rules") insert ("or prison rules")
264	Page 139, line 35, at end insert-- ("( ) Prison rules" means--
	(a) rules made under section 47 of the Prison Act 1952;		1952 c. 52.
	(b) rules made under section 19 of the Prisons (Scotland) Act 1989;		1989 c. 45.
	(c) rules made under section 13 of the Prison Act (Northern Ireland) 1953.")		1953 c. 18 (N.I.).
	Clause 153
	BY THE LORD BASSAM OF BRIGHTON
265	Page 103, line 32, after ("or") insert ("certified")
	Before Clause 159
	BY THE LORD LESTER OF HERNE HILL THE LORD DHOLAKIA
266	Insert the following new Clause--
	(" . It is unlawful to do any act which constitutes racial discrimination when exercising any powers under this Act or any other of the Immigration Acts.")		Racial discrimination.
	After Clause 159
	BY THE LORD BASSAM OF BRIGHTON
267	Insert the following new Clause--
	(" . In the 1971 Act, after section 31, insert--		Procedural requirements as to applications.
	Procedural requirement as to applications.	31A.--(1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form. (2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind. (3) Prescribed" means prescribed in regulations made by the Secretary of State. (4) The power to make regulations under this section is exercisable by statutory instrument. (5) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."")
	Clause 160
	BY THE LORD BASSAM OF BRIGHTON
268*	Page 108, line 22, at end insert-- ("( ) section (Defences based on Article 31 of the Refugee Convention)(11),")
	BY THE LORD COPE OF BERKELEY THE BARONESS WILLIAMS OF CROSBY
269	Page 108, leave out lines 24 and 25 and insert-- ("(d) Part VI, (e) paragraph 1 of Schedule 8, or")
	BY THE LORD BASSAM OF BRIGHTON
270	Page 108, line 25, after ("92(3),") insert-- ("( ) section 139(15),")
	BY THE LORD COPE OF BERKELEY
271	Page 108, line 27, after ("unless") insert ("a Minister has certified that the proposed order is compatible with the Human Rights Convention and")
	BY THE LORD BASSAM OF BRIGHTON
272	Page 108, line 30, at end insert-- ("( ) section (Applications for bail in immigration cases);")
	BY THE BARONESS WILLIAMS OF CROSBY
273	Page 108, line 32, at end insert (", or (d) section 149")
	BY THE LORD COPE OF BERKELEY
274	Page 108, line 33, after ("unless") insert ("a Minister has certified that the proposed regulations are compatible with the Human Rights Convention and")
275	Page 108, line 34, at end insert-- ( ) No amendment to the immigration rules under the 1971 Act shall be made unless a Minister has certified that the proposed amendment is compatible with the Human Rights Convention and a draft of the amendment has been laid before, and approved by resolution of, both Houses of Parliament.")
	BY THE LORD GOODHART
276	Page 108, line 38, at end insert-- ("( ) Any statutory instrument or draft statutory instrument laid before either House of Parliament under this Act must be accompanied by a certificate by the Minister in charge of the instrument to the effect that he is satisfied that the instrument is compatible with the European Convention on Human Rights.")
	Clause 164
	BY THE LORD BASSAM OF BRIGHTON
277	Page 110, line 6, leave out subsection (2) and insert-- ("( ) Subsections (1) and (2) of section 111 come into force on the day on which the first regulations made under Schedule (Provision of Support: Regulations) come into force.")
278*	Page 110, line 8, leave out subsection (3) and insert-- ("(3) The following provisions come into force on the passing of this Act-- (a) section (Accommodation centres for those temporarily admitted or released from detention); (b) section 7; (c) section (Protection of claimants from removal or deportation); (d) section (Charges: travel documents); (e) section (Defences based on Article 31 of the Refugee Convention); (f) section 89; (g) section 90(12); (h) sections 101 to 105; (i) section 106(1), (1A) and (4) (so far as relating to subsections (1) and (1A)); (j) section 107; (k) section 120; (l) section 136; (m) section 141; (n) section 142(1); (o) section 160 to 162; (p) this section; (q) Schedule 8; (r) paragraphs 57(2), 64, 67, 68, 70, 71, 76, 77 and 90A of Schedule 13; (s) paragraph 5A of Schedule 14.")
	BY THE LORD AVEBURY
279	Page 110, line 14, at end insert-- ("( ) A day for the entry into force of Part VI of this Act in Northern Ireland shall not be appointed until an assessment has been carried out under section 75 and Schedule 9 of the Northern Ireland Act 1998.")



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