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Lord Bassam of Brighton moved Amendment No. 13:
- Page 16, line 20, leave out "imposed by virtue of section 29" and insert "of residence"
On Question, amendment agreed to.
Clause 35 [Education: general]:
The Lord Bishop of Portsmouth moved Amendment No. 15:
- Leave out Clause 35.
The right reverend Prelate said: My Lords, I apologise to the House as I should have moved this amendment formally three weeks ago on the second day of Report stage. Noble Lords are offered an episcopal grovel, or, to change to naval parlance, I failed to get alongside last time. I am now trying, with the leave of the Government, to do a pier-head jump. I beg to move.
On Question, amendment agreed to.
Clause 36 [Education: special cases]:
The Lord Bishop of Portsmouth moved Amendment No. 16:
- Leave out Clause 36
On Question, amendment agreed to.
Lord Bassam of Brighton moved Amendment No. 17:
- Page 22, line 7, at end insert "and an Education and Library Board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3))"
On Question, amendment agreed to.
Clause 38 ["Prescribed": orders and regulations]:
Lord Bassam of Brighton moved Amendments Nos. 18 and 19:
- Page 22, leave out line 25.
- Page 22, line 34, after "section" insert "24, (Length of stay: general) or"
On Question, amendments agreed to.
Lord Kingsland moved Amendment No. 20:
- After Clause 41, insert the following new clause—
On Question, amendment agreed to.
Clause 43 [Destitute asylum-seeker]:
Lord Bassam of Brighton moved Amendment No. 21:
The noble Lord said: My Lords, Amendment No. 21 clarifies the fact that Clause 43(6) replaces subsection (2) of the current Section 95 of the 1999 Act, as well as subsections (3) to (8). Clause 43(6) makes revisions to Section 95 of the 1999 Act to bring it into line with the accommodation centre provisions in Part 2. An equivalent provision to current Section 95(2) is contained in new Section 95(8)(a). Current Section 95(2) will therefore become redundant upon commencement of Clause 43(6).
The remainder of the amendments in this group are purely technical, minor and consequential upon Amendment No. 21. They update the necessary cross-references in the Bill and the 1999 Act. I beg to move.
On Question, amendment agreed to.
Lord Bassam of Brighton moved Amendments Nos. 22 to 30:
On Question, amendments agreed to.
Clause 44 [Section 43: supplemental]:
Lord Bassam of Brighton moved Amendments Nos. 31 to 37:
On Question, amendments agreed to.
Clause 45 [Section 43: supplemental: Scotland and Northern Ireland]:
Lord Bassam of Brighton moved Amendments Nos. 38 to 51:
On Question, amendments agreed to.
Clause 49 [Conditions of support]:
Lord Bassam of Brighton moved Amendment No. 52:
The noble Lord said: My Lords, Amendments Nos. 52 and 53 are technical amendments designed to ensure that provision of support can be linked to a requirement to report to an immigration or police officer in all cases. As drafted, the Bill does not link provision of support with a requirement to report in those few number of cases in which a person is subject to deportation action.
I have previously made it clear that experience has shown us that it is necessary to have a more managed asylum process with tighter controls within that process. Our proposal to link provision of support with compliance with a condition to report is simply part of a package of amendments aimed at ensuring that we achieve the tighter control that we require. Asylum seekers who report as instructed will have
Regular reporting enables the Immigration and Nationality Directorate to obtain information from the asylum seeker. Equally, it gives the asylum seeker regular face-to-face contact with officials who can give advice on the status of the asylum claim.
Failure to report without reasonable cause may be an indication that the person is not complying with the asylum process. Asylum support is provided only while an asylum claim is under consideration. It would be wholly unjustifiable to use public money to support those who are not prepared to comply with all aspects of the asylum process.
Amendment No. 63 ensures that the travel expenses of those subject to deportation action who are required to report to an immigration or police officer can be met. I beg to move.
On Question, amendment agreed to.
Lord Bassam of Brighton moved Amendment No. 53:
On Question, amendment agreed to.
Clause 54 [Late claim for asylum: refusal of support]:
Lord Kingsland moved Amendment No. 55:
On Question, amendment agreed to.
Clause 61 [Detention by Secretary of State]:
Lord Bassam of Brighton moved Amendment No. 56:
The noble Lord said: My Lords, Amendments Nos. 56 and 57 are minor technical amendments. It is not my intention to discuss them in detail. They simply change the wording in subsections (1) and (2) to make them more comprehensible. Amendment No. 60 adds a further reference to the Immigration and Asylum Act 1999. Amendment No. 61 corrects an error—noble Lords will be happy about that—and inserts a missing word.
Amendment No. 71 makes it clear that the limitations in the following clause apply to the making of a deportation order while an appeal is pending. Amendments Nos. 72 and 73 will mean that a deportation order cannot be made during the time allowed for appealing against the decision to make it or while that appeal is pending. We believe that that is more straightforward.
There is little practical point in making a deportation order until the appeal against that decision has been determined. If the appeal is allowed, the deportation order simply cannot be made. If it has already been made, it has to be revoked.
We gave an undertaking to put on the face of the Bill in Clauses 68 and 69 a definition of a "dependant". Amendments Nos. 64 and 65 give effect to that undertaking. We believe that we have produced a common-sense definition, which avoids the need to resort to an order-making power. Amendment No. 74 clarifies the drafting by ensuring that the same scope of certification applies as applies under the 1999 Act.
Amendments Nos. 75 to 79 concern the removal of asylum applicants where a safe third country is responsible for determining the asylum claim. Amendment No. 75 limits the power to remove an asylum applicant who has also claimed that removal would breach his or her human rights. Removal cannot take place while the period allowed for lodging an appeal is still running, unless the human rights claim is certified. Amendment No. 77 lifts that barrier to removal when the time limit for appealing expires.
Amendment No. 76 imports the definition of "human rights claim" from Part 5, and Amendment No. 78 refers back to that change. Amendment No. 79 substitutes a reference to this Bill for an obsolete reference to the 1999 Act.
I have no intention of speaking further to this group of amendments but I should be happy to try to answer the questions of noble Lords. I beg to move.
"DISAPPLICATION OF SECTION (CONSEQUENTIAL AND INCIDENTAL PROVISION) IN RELATION TO PART 2
Section (Consequential and incidental provision) shall not apply to this Part."
Page 24, line 32, leave out "95(3)" and insert "95(2)"
Page 24, line 34, leave out "(3)" and insert "(2)"
Page 24, line 39, leave out "(4)" and insert "(3)"
Page 25, line 1, leave out "(5)" and insert "(4)"
Page 25, line 2, leave out "(3) or (4)" and insert "(2) or (3)"
Page 25, line 4, leave out "(6)" and insert "(5)"
Page 25, line 5, leave out "(3) or (4)" and insert "(2) or (3)"
Page 25, line 12, leave out "(7)" and insert "(6)"
Page 25, line 13, leave out "(3) and (4)" and insert "(2) and (3)"
Page 25, line 15, leave out "(8)" and insert "(7)"
Page 25, line 43, at end insert—
"( ) In paragraph 3 of Schedule 9 to the Immigration and Asylum Act 1999 (c.33) (support: interim provision)—
(a) for "Subsections (3) to (8) of section 95" substitute "Subsections (2) to (6) of section 95", and
(b) for "subsections (5) and (7)" substitute "subsections (4) and (5)"."
Page 26, line 1, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 3, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 7, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 9, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 13, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 15, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 21, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 23, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 28, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 30, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 34, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 36, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 26, line 41, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 26, line 43, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 27, line 3, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 27, line 5, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 27, line 11, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 27, line 13, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 27, line 16, leave out "95(3) to (8)" and insert "95(2) to (7)"
Page 27, line 18, leave out "95(5) or (6)" and insert "95(4) or (5)"
Page 29, line 3, after "paragraph" insert "2 or"
Page 29, line 10, after "paragraph" insert "2 or"
After Clause 60, insert the following new clause—
"DISAPPLICATION OF SECTION (CONSEQUENTIAL AND INCIDENTAL PROVISION) IN RELATION TO PART 3
Section (Consequential and incidental provision) shall not apply to this Part."
6.45 p.m.
Page 34, line 40, leave out "that paragraph" and insert "any of those paragraphs"
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