House of Lords Amendments - Immigration and Asylum Bill

House of Lords

Session 1998-99
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Amendments to the Immigration and Asylum Bill

Immigration and Asylum Bill -
Amendments to be debated in the House of Lords
Here you can browse the Supplement (a) to the Marshalled List of Amendments to the Immigration and Asylum Bill to be moved on Report in the House of Lords.

After Clause 11

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD AVEBURY
[Amendments 14A to 14C are amendments to Amendment 14]

14A*      Line 3, in subsection (1), leave out ("the Secretary of State gives him notice of the decision on the claim") and insert ("that claim is determined")

14B*      Line 6, leave out subsection (2)

14C*      Line 11, at the end of the new Clause, insert--

    ("(5)  Claim for asylum" has the meaning given in section 89(1).

    (6)  For the purposes of this section a claim for asylum is determined at the end of such period, beginning--
(a)  on the day following the last day upon which an appeal against the decision of the Secretary of State to refuse asylum can be lodged, or the day on which the applicant indicates that he does not intend to lodge an appeal, whichever is the sooner; or

(b)  if the applicant has appealed against the decision, on the day on which the appeal is disposed of.
    (7)  An appeal is disposed of when it is no longer pending for the purposes of Part IV.")

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD AVEBURY
[As an amendment to Amendment 15]

15A*      Line 7, leave out subsections (2) and (3)

Clause 22

BY THE LORD CLINTON-DAVIS

27A*      Page 16, line 5, at end insert--

    ("(5)  In formulating the definition of the basic service the Secretary of State shall have regard to the need to provide facilities for passengers which are quick and convenient and shall have specific regard to--
(a)  the avoidance of excessive queues, and

(b)  the siting of immigration desks in locations which are convenient for passengers.")

After Clause 22

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD AVEBURY
[As an amendment to Amendment 28]

28A*      Line 9, leave out subsection (3)

After Clause 25

BY THE BARONESS WILLIAMS OF CROSBY
THE LORD AVEBURY
[As an amendment to Amendment 30]

30A*      Line 11, leave out subsection (2)

Clause 34

BY THE LORD CLINTON-DAVIS

39A*      Page 24, line 2, after ("vehicle,") insert ("ship or aircraft")

Clause 44

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

54A*      Page 32, line 32, leave out ("or is likely to break")

54B*      Page 32, line 39, leave out subsection (3)

55A*      Page 33, line 40, leave out ("is likely to") and insert ("there is reasonable suspicion that the arrested person will")

Schedule 2

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

60A*      Page 112, line 5, at end insert ("after consultation with the Advocate General for Scotland")

61A*      Page 112, line 16, at end insert--

    ("(  )  Either the President of the Tribunal or the Deputy President must be an advocate or solicitor in Scotland.")

Clause 51

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

62A*      Page 36, line 14, after ("may") insert ("after consultation with the Advocate General for Scotland")

Schedule 5

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

108A*      Page 125, line 26, leave out sub-paragraph (2) and insert--

    ("(2)  The Commissioner may, upon receipt by him of a written complaint by or on behalf of any person which relates to the time taken for a designated professional body to process or determine a complaint made under paragraph 4(2), require the designated professional body to provide an explanation for the perceived delay in processing the complaint and further to give a timetable within which the complaint under paragraph 4(2) will be dealt with.

    (2A)  If the designated professional body fails without reasonable excuse, to adhere to the timetable referred to in sub-paragraph (2) above, then the Commissioner may give a direction setting a timetable to be followed by the designated professional body in considering and if appropriate, in reaching a determination of the complaint.")

108B*      Page 128, line 14, at end insert--

("Disqualification for Scottish Parliament

    24A.  After section 15(1)(d) of the Scotland Act 1998 insert--
(e)  he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."

Disqualification for National Assembly for Wales

    24B.  After section 12(1)(d) of the Government of Wales Act 1998 insert--
(e)  he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."")

Clause 81

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

108C*      Page 55, line 1, leave out subsections (10) to (12)

Schedule 8

BY THE LORD BASSAM OF BRIGHTON
[In Substitution for Amendment 145]

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 116

BY THE LORD COPE OF BERKELEY
THE LORD MACKAY OF DRUMADOON

200A*      Page 74, line 35, leave out subsections (4) and (5)

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")

Schedule 13

BY THE LORD BASSAM OF BRIGHTON

290A*      Page 146, line 33, at end insert--

    ("  . In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for "and 18" substitute ", 18 and 25A to 25E".")

305A*      Page 151, line 5, at end insert--

("The Education Act 1996 (c. 56)

    . In section 512(3) of the Education Act 1996 (requirement to provide school meals)--
(a)  for the words from the beginning to "a", where it occurs for the second time, substitute--

    (3)  Subsection (3A) applies in relation to a pupil--

(a)  whose parents are in receipt of--

    (i)  income support;

    (ii)  an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or

    (iii)  support provided under Part VI of the Immigration and Asylum Act 1999; or

(b)  who is himself in receipt of income support or an income-based jobseeker's allowance.

    (3A)  A"; and

(b)  in paragraph (a), for "him" substitute "the pupil".")

Schedule 14

BY THE LORD BASSAM OF BRIGHTON

312A*      Page 154, line 20, at end insert--

("Provision of support

    .--(1) The Secretary of State may, by directions given to a local authority to whom Schedule 8 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end--
(a)  for specified purposes,

(b)  in relation to a specified area or locality, or

(c)  in relation to persons of a specified description,
on such earlier day as may be specified.

    (2)  The Secretary of State may, by directions given to an authority to whom any provision amended by section 116 or 117 applies, provide for specified descriptions of person to be treated--
(a)  for specified purposes, or

(b)  in relation to a specified area or locality,
as being persons to whom section 111 applies during such period as may be specified.

    (3)  Directions given under this paragraph may--
(a)  make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and

(b)  make different provision for different cases or descriptions of case.
    (4)  Specified" means specified in the directions.")

© Parliamentary copyright 1999
Prepared 18 October 1999

	After Clause 11
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD AVEBURY [Amendments 14A to 14C are amendments to Amendment 14]
14A*	Line 3, in subsection (1), leave out ("the Secretary of State gives him notice of the decision on the claim") and insert ("that claim is determined")
14B*	Line 6, leave out subsection (2)
14C*	Line 11, at the end of the new Clause, insert-- ("(5) Claim for asylum" has the meaning given in section 89(1). (6) For the purposes of this section a claim for asylum is determined at the end of such period, beginning-- (a) on the day following the last day upon which an appeal against the decision of the Secretary of State to refuse asylum can be lodged, or the day on which the applicant indicates that he does not intend to lodge an appeal, whichever is the sooner; or (b) if the applicant has appealed against the decision, on the day on which the appeal is disposed of. (7) An appeal is disposed of when it is no longer pending for the purposes of Part IV.")
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD AVEBURY [As an amendment to Amendment 15]
15A*	Line 7, leave out subsections (2) and (3)
	Clause 22
	BY THE LORD CLINTON-DAVIS
27A*	Page 16, line 5, at end insert-- ("(5) In formulating the definition of the basic service the Secretary of State shall have regard to the need to provide facilities for passengers which are quick and convenient and shall have specific regard to-- (a) the avoidance of excessive queues, and (b) the siting of immigration desks in locations which are convenient for passengers.")
	After Clause 22
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD AVEBURY [As an amendment to Amendment 28]
28A*	Line 9, leave out subsection (3)
	After Clause 25
	BY THE BARONESS WILLIAMS OF CROSBY THE LORD AVEBURY [As an amendment to Amendment 30]
30A*	Line 11, leave out subsection (2)
	Clause 34
	BY THE LORD CLINTON-DAVIS
39A*	Page 24, line 2, after ("vehicle,") insert ("ship or aircraft")
	Clause 44
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
54A*	Page 32, line 32, leave out ("or is likely to break")
54B*	Page 32, line 39, leave out subsection (3)
55A*	Page 33, line 40, leave out ("is likely to") and insert ("there is reasonable suspicion that the arrested person will")
	Schedule 2
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
60A*	Page 112, line 5, at end insert ("after consultation with the Advocate General for Scotland")
61A*	Page 112, line 16, at end insert-- ("( ) Either the President of the Tribunal or the Deputy President must be an advocate or solicitor in Scotland.")
	Clause 51
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
62A*	Page 36, line 14, after ("may") insert ("after consultation with the Advocate General for Scotland")
	Schedule 5
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
108A*	Page 125, line 26, leave out sub-paragraph (2) and insert-- ("(2) The Commissioner may, upon receipt by him of a written complaint by or on behalf of any person which relates to the time taken for a designated professional body to process or determine a complaint made under paragraph 4(2), require the designated professional body to provide an explanation for the perceived delay in processing the complaint and further to give a timetable within which the complaint under paragraph 4(2) will be dealt with. (2A) If the designated professional body fails without reasonable excuse, to adhere to the timetable referred to in sub-paragraph (2) above, then the Commissioner may give a direction setting a timetable to be followed by the designated professional body in considering and if appropriate, in reaching a determination of the complaint.")
108B*	Page 128, line 14, at end insert--
	("Disqualification for Scottish Parliament
	24A. After section 15(1)(d) of the Scotland Act 1998 insert-- (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."
	Disqualification for National Assembly for Wales
	24B. After section 12(1)(d) of the Government of Wales Act 1998 insert-- (e) he is the Immigration Services Commissioner or the Deputy Immigration Services Commissioner."")
	Clause 81
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
108C*	Page 55, line 1, leave out subsections (10) to (12)
	Schedule 8
	BY THE LORD BASSAM OF BRIGHTON [In Substitution for Amendment 145]
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 116
	BY THE LORD COPE OF BERKELEY THE LORD MACKAY OF DRUMADOON
200A*	Page 74, line 35, leave out subsections (4) and (5)
	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")
	Schedule 13
	BY THE LORD BASSAM OF BRIGHTON
290A*	Page 146, line 33, at end insert-- (" . In Schedule 3, in paragraph 2(4) (application of certain provisions if person detained under Schedule 3), for "and 18" substitute ", 18 and 25A to 25E".")
305A*	Page 151, line 5, at end insert--
	("The Education Act 1996 (c. 56)
	. In section 512(3) of the Education Act 1996 (requirement to provide school meals)-- (a) for the words from the beginning to "a", where it occurs for the second time, substitute-- (3) Subsection (3A) applies in relation to a pupil-- (a) whose parents are in receipt of-- (i) income support; (ii) an income-based jobseeker's allowance (payable under the Jobseekers Act 1995); or (iii) support provided under Part VI of the Immigration and Asylum Act 1999; or (b) who is himself in receipt of income support or an income-based jobseeker's allowance. (3A) A"; and (b) in paragraph (a), for "him" substitute "the pupil".")
	Schedule 14
	BY THE LORD BASSAM OF BRIGHTON
312A*	Page 154, line 20, at end insert--
	("Provision of support
	.--(1) The Secretary of State may, by directions given to a local authority to whom Schedule 8 applies, require the authority to treat the interim period fixed for the purposes of that Schedule as coming to an end-- (a) for specified purposes, (b) in relation to a specified area or locality, or (c) in relation to persons of a specified description, on such earlier day as may be specified. (2) The Secretary of State may, by directions given to an authority to whom any provision amended by section 116 or 117 applies, provide for specified descriptions of person to be treated-- (a) for specified purposes, or (b) in relation to a specified area or locality, as being persons to whom section 111 applies during such period as may be specified. (3) Directions given under this paragraph may-- (a) make such consequential, supplemental or transitional provision as the Secretary of State considers appropriate; and (b) make different provision for different cases or descriptions of case. (4) Specified" means specified in the directions.")