Immigration and Asylum Bill — Support for children — 16 Jun 1999

As amended in the Special Standing Committee, further considered, pursuant to Order [15 June].

(a) a place where a person's life and liberty is not threatened by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(b) a place from which a person will not be sent to another country otherwise than in accordance with the Refugee Convention.

(2) Nothing in section 6 of the Asylum and Immigration Appeals Act 1993 (protection of claimants from deportation etc.) prevents a person who has made a claim for asylum ("the claimant") from being removed from the United Kingdom to a member State if--

(a) the Secretary of State has certified that--

(i) the member State has accepted that, under standing arrangements, it is the responsible State in relation to the claimant's claim for asylum; and

(ii) in his opinion, the claimant is not a national or citizen of the member State to which he is to be sent;

(b) the certificate has not been set aside on an appeal under section 51; and

(c) the time for giving notice of such an appeal has expired and no appeal is pending.

(3) For the purposes of subsection (2)(c), an appeal is not to be regarded as pending if the Secretary of State has issued a certificate under section 58(2)(a) in relation to the allegation on which it is founded.

(4) "Standing arrangements" means arrangements in force as between member States for determining which state is responsible for considering applications for asylum.'.-- [Mr. Straw.]

Brought up, and read the First time.

Question proposed [15 June], That the clause be read a Second time.

Question again proposed.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(a) a member State, or a territory which forms part of a member State, otherwise than under standing arrangements; or

(b) a country other than a member State which is designated by order made by the Secretary of State for the purposes of this section.

(2) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if--

(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 51; and

(c) the time for giving notice of such an appeal has expired and no such appeal is pending.

(3) Subsection (4) applies if the Secretary of State intends to remove a person who has made a claim for asylum ("the claimant") from the United Kingdom to a country which is not--

(a) a member State; or

(b) a country designated under subsection (1)(b).

(4) Nothing in section 6 of the Immigration and Asylum Appeals Act 1993 (protection of claimants from deportation etc.) prevents the claimant's removal if--

(a) the Secretary of State has certified that, in his opinion, the conditions set out in subsection (6) are fulfilled;

(b) the certificate has not been set aside on an appeal under section 51 or 57; and

(c) the time for giving notice of such an appeal has expired and no such appeal is pending.

(5) For the purposes of subsections (2)(c) and (4)(c), an appeal under section 51 is not to be regarded as pending if the Secretary of State has issued a certificate under section 58(2)(a) in relation to the allegation on which it is founded.

(6) The conditions are that--

(a) he is not a national or citizen of the country to which he is to be sent;

(b) his life and liberty would not be threatened there by reason of his race, religion, nationality, membership of a particular social group, or political opinion; and

(c) the government of that country would not send him to another country otherwise than in accordance with the Refugee Convention.

(5) "Standing arrangements" has the same meaning as in section ( Removal of asylum claimants under standing arrangements with member States ).'.-- [Mr. Straw.]

Brought up, read the First and Second time, and added to the Bill.

(2) In subsection (1), for "seven" substitute "ten".

(3) For subsection (1A) substitute--

"(1A) Nothing in subsection (1)(b) applies to anything done in relation to a person who--

(a) has been detained under paragraph 16 of Schedule 2 to this Act;

(b) has been granted temporary admission under paragraph 21 of that Schedule.

(1B) Nothing in subsection (1)(b) applies to anything done by a person otherwise than for gain.

(1C) Nothing in subsection (1)(b) applies to anything done to assist an asylum claimant by a person in the course of his employment by a bona fide organisation, if the purposes of that organisation include assistance to persons in the position of the asylum claimant.

(1D) "Asylum claimant" means a person who intends to make a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.

(1E) "Refugee Convention" and "Human Rights Convention" have the meanings respectively given to them in the Immigration and Asylum Act 1999."

(4) In subsection (5), for "Subsection (1)(a)" substitute "Paragraphs (a) and (b) of subsection (1)".'.-- [Mr. Mike O'Brien.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

The new clause amends section 25 of the Immigration Act 1971 and sends a clear and tough message to the racketeers engaged in encouraging illegal entry--they will go to prison for longer on conviction. It increases from seven years to 10 the maximum custodial sentence that can be imposed following conviction on indictment for certain offences. The offences are: knowingly facilitating the entry of illegal entrants; knowingly facilitating for profit the entry of asylum seekers; and knowingly facilitating the obtaining of leave by deception.

The decision to increase the maximum sentence follows comments from the Court of Appeal earlier this year. It was suggested that an increase was needed to allow an appropriate sentence in the growing number of cases in which someone is convicted in a single act of facilitation relating to the entry of a large number of people. We believe that 10 years' imprisonment is the appropriate maximum penalty.

The offence of facilitating the entry of asylum seekers was created by the previous Government. It is not an offence to facilitate the entry of someone who intends to claim asylum when that is not done for gain or is done by someone employed by a bona fide refugee organisation acting in the course of employment. It is an offence to

16 Jun 1999 : Column 402

facilitate the entry of an asylum applicant when it is done for gain. The offence is aimed at racketeers, not refugee groups.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(a) to be admitted to the United Kingdom;

(b) to reside, or to continue to reside, in the United Kingdom; and

(c) to be issued with, or not to have withdrawn, a residence permit.

(2) The regulations may also make provision for appeals against any decision concerning the matters mentioned in subsection (1) taken in relation to a citizen of any other State on whom any such entitlement has been conferred by an agreement to which the United Kingdom is a party.

(3) An appeal under the regulations lies to an adjudicator or, in such circumstances as may be prescribed, to the Commission.

(4) The regulations may provide for appeals from the adjudicator or the Commission.

(5) The regulations may prescribe cases, or classes of case, in which a person is not entitled to appeal while he is in the United Kingdom.

(6) The regulations may make provision under which an appellant may be required to state, in such manner as may be prescribed, any grounds he has or may have for wishing to be admitted to, or to remain in, the United Kingdom additional to those on which he is appealing and for the consequences of such a requirement.

(7) Part IV has effect subject to any regulations made under this section.

(8) "EEA national" means a person who--

(a) is, or claims to be, a national of an EEA State (other than the United Kingdom); or

(b) enjoys, or claims to enjoy, an entitlement mentioned in subsection (1) because he is a member of the family of a national of an EEA State (other than the United Kingdom).

(9) "Member of the family" has such meaning as may be prescribed.

(10) "Residence permit" means any permit or other document issued by the Secretary of State as proof of the holder's right of residence in the United Kingdom.

(11) "The Commission" means the Special Immigration Appeals Commission.-- [Mr. Mike O'Brien.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Speaker:

With this, it will be convenient to discuss Government amendments Nos. 31, 68, 71, 72 and 93.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

(2) Subsections (3) and (4) apply if an application for support under section 80 has been made by an eligible person whose household includes a dependant under the age of 18 ("the child").

(3) If it appears to the Secretary of State that adequate accommodation is not being provided for the child, he must exercise his powers under section 80 by offering, and if his offer is accepted by providing or arranging for the provision of, adequate accommodation for the child as part of the eligible person's household.

(4) If it appears to the Secretary of State that essential living needs of the child are not being met, he must exercise his powers under section 80 by offering, and if his offer is accepted by providing or arranging for the provision of, essential living needs for the child as part of the eligible person's household.

(5) No local authority may provide assistance under section 17 of the Children Act 1989 (local authority support for children and their families) in respect of a dependant under the age of 18, or any member of his family, at any time when--

(a) the Secretary of State is complying with this section in relation to him; or

(b) there are reasonable grounds for believing that--

(i) the person concerned is a person for whom support may be provided under section 80; and

(ii) the Secretary of State would be required to comply with this section if that person had made an application under section 80.

(6) "Assistance" means the provision of accommodation or of any essential living needs.

(7) Subsection (8) applies if accommodation provided in the discharge of the duty imposed by subsection (3) has been withdrawn.

(8) Only the relevant authority may provide assistance under section 17 of the Act of 1989 in respect of the child concerned.

(9) "Relevant authority" means the local authority within whose area the withdrawn accommodation was provided.

(10) In such circumstances as may be prescribed, subsection (5) does not apply.'.-- [Mr. Straw.]

Brought up, and read the First time.

I beg to move, That the clause be read a Second time.

Madam Speaker:

With this, it will be convenient to discuss the following: Amendment No. 15, in clause 79, page 51, line 2, leave out 'or' and insert--

Question put, That the clause be read a Second time:--

The House divided: Ayes 331, Noes 161.

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