Immigration and Asylum Bill — Repeals — 16 Jun 1999

It being Twelve o'clock, Mr. Deputy Speaker proceeded, pursuant to Order [15 June], to put forthwith the Questions necessary for the disposal of the business to be concluded at that hour.

Amendment made: No. 40, in page 17, line 2, leave out 'any' and insert 'the'.-- [Mr. Mike Hall.]

Amendment made: No. 41, in page 17, line 18, after 'steps' insert '--

(i) that P must take if he objects to the penalty;

(ii)''. -- [Mr. Mike Hall.]

Amendment made: No. 42, in page 18, line 39, leave out '56' and insert '84'.-- [Mr. Mike Hall.]

Amendments made: No. 43, in page 20, line 39, at end insert--

'(4A) No charge is payable by a train operator, or by the owner of a road passenger vehicle, in respect of a person ("A"), if he shows that--

(a) he had in place satisfactory arrangements (including, where appropriate, arrangements with other persons) designed to ensure that he did not carry passengers who did not, or might not, have documents of the required kind;

(b) all such steps as were practicable were taken in accordance with the arrangements to establish whether A had the required document or documents; and

(c) all such steps as were practicable were taken in accordance with the arrangements to prevent A's arrival in the United Kingdom where--

(i) A refused to produce the required document or documents to a person acting in accordance with the arrangements; or

(ii) for other reasons it appeared to that person that A did not, or might not, have the required document or documents.

No. 44, in page 20, line 40, leave out 'this section' and insert 'subsections (4) and (4A)'.-- [Mr. Mike Hall.]

Amendment made: No. 45, in page 22, line 15, leave out '56' and insert '84'.-- [Mr. Mike Hall.]

Amendments made: No. 46, in page 22, line 26, at end insert--

' "aircraft" includes hovercraft;'.

No. 47, in page 22, line 31, after 'Wales,' insert 'the county court or'.

No. 48, in page 22, line 32, after 'Scotland,' insert 'the sheriff or'.

No. 49, in page 22, line 33, after 'Ireland,' insert 'the county court or'.-- [Mr. Mike Hall.]

Amendment made: No. 50, in page 30, line 7, leave out from beginning to end of line 11.-- [Mr. Mike Hall.]

Amendments made: No. 51, in page 36, line 7, leave out 'a special' and insert 'an'.

No. 52, in page 36, line 13, after second 'decision' insert 'to an adjudicator'.

No. 53, in page 36, line 21, leave out 'a special' and insert 'an'.

No. 54, in page 36, line 28, leave out 'a special' and insert 'an'.

No. 55, in page 36, line 32, leave out 'a special' and insert 'an'.-- [Mr. Mike Hall.]

Amendments made: No. 56, in page 37, line 38, leave out

'2 of the Asylum and Immigration Act 1996'

and insert

'( Removal of asylum claimants under standing arrangements with member States ) or ( Removal of asylum claimants in other circumstances )'.

No. 57, in page 37, line 41, leave out 'a special' and insert 'an'.

No. 58, in page 37, line 42, leave out from beginning to 'was' in line 43 and insert

'applicable to that certificate was not satisfied when it'-- [Mr. Mike Hall.]

Amendments made: No. 59, in page 38, line 2, leave out from beginning to first 'the' in line 3 and insert

'Unless a certificate issued under section ( Removal of asylum claimants under standing arrangements with member States ) or ( Removal of asylum claimants in other circumstances ) has been set aside on an appeal under section 51 or 57 or otherwise ceases to have effect,'.

No. 60, in page 38, line 6, leave out from beginning to end of line 8 and insert--

'(2) A person who has been, or is to be, sent to a member State or to a country designated under section ( Removal of asylum claimants in other circumstances )(1)(b) is not, while he is in the United Kingdom, entitled to appeal--

(a) under section 51 if the Secretary of State certifies that his allegation that a person acted in breach of his human rights is manifestly unfounded; or

(b) under section 57.'.-- [Mr. Mike Hall.]

Amendments made: No. 61, in page 39, line 10, leave out 'has a right of' and insert

', while he is in the United Kingdom, is entitled to'.

No. 62, in page 39, line 17, leave out 'has a right of' and insert 'is entitled to'.-- [Mr. Mike Hall.]

Amendments made: No. 63, in page 40, line 27, leave out 'special'.

No. 64, in page 40, line 34, leave out 'special'.-- [Mr. Mike Hall.]

Amendments made: No. 65, in page 41, line 1, leave out from 'against' to end of line 2 and insert '--

(a) a decision to refuse an application for leave to enter or remain in the United Kingdom;

(b) a decision to vary, or to refuse to vary, any limited leave to enter or remain in the United Kingdom, which has the result mentioned in section 60(2)(a).

No. 66, in page 41, line 5, leave out from 'decision' to '; and' in line 6.-- [Mr. Mike Hall.]

Amendment made: No. 67, in page 41, line 31, leave out from beginning to end of line 35.-- [Mr. Mike Hall.]

Amendment made: No. 68, in page 45, line 25, leave out from beginning to end of line 27.-- [Mr. Mike Hall.]

Amendment made: No. 69, in page 52, line 42, at end insert--

'(12) Schedule ( Asylum Support: interim provisions ) makes temporary provision for support in the period before the coming into force of this section.'.-- [Mr. Mike Hall.]

Amendment made: No. 70, in page 54, line 45, at end insert

'(including circumstances in which the Secretary of State would otherwise be under a duty to provide support).'.-- [Mr. Mike Hall.]

Amendments made: No. 71, in page 62, line 42, leave out 'an EEA national' and insert

'a national of an EEA State'.

No. 72, in page 63, line 7, leave out beginning to end of line 9.-- [Mr. Mike Hall.]

Amendment made: No. 3, in page 66, line 29, leave out clause 108.-- [Mr. Mike Hall.]

Amendment made: No. 74, in page 74, line 34, leave out from beginning to end of line 42.-- [Mr. Mike Hall.]

Amendments made: No. 75, in page 76, line 17, leave out

', glove, footwear or headgear'

and insert 'or glove'.

No. 76, in page 77, line 9, leave out

', glove, footwear or headgear'

and insert 'or glove'.

No. 77, in page 77, line 26, leave out from beginning to end of line 33.-- [Mr. Mike Hall.]

No. 79, in page 84, line 8, leave out 'or (b)' and insert

'must be retained for 12 months by the justices'

chief executive.

(10A) A warrant issued under subsection (9)(b) or (bb)'.-- [Mr. Mike Hall.]

Amendment made: No. 80, in page 84, line 28, at end insert--

'( ) In the 1971 Act, in Schedule 2, after paragraph 25D insert--

"25E. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III." '.-- [Mr. Mike Hall.]

Amendments made: No. 81, in page 85, line 26, after 'officer' insert

'on his arrival in the United Kingdom'.

No. 82, in page 86, line 20, at end insert--

'( ) No fingerprints shall be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.'.-- [Mr. Mike Hall.]

Amendment made: No. 83, in page 90, line 4 at end insert

';

(g) section 14 of the Conveyancing Act 1881;

(h) the Conveyancing and Law of Property Act 1892;

(i) the Business Tenancies (Northern Ireland) Order 1996.'.-- [Mr. Mike Hall.]

Amendments made: No. 84, in page 94, line 36, leave out '"twenty-one" substitute "15"' and insert

'"said period of twenty-one days" substitute "waiting period in relation to each notice of marriage"'.

No. 85, in page 94, line 37, at end insert--

'( ) In section 31 of the 1949 Act, after subsection (4) insert--

"(4A) "The waiting period", in relation to a notice of marriage, means--

(a) the period of 15 days, or

(b) such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),

after the day on which the notice of marriage was entered in the marriage notice book."'.

No. 86, in page 95, line 2, leave out ',(2) and (4)' and insert 'and (2)'.

No. 87, in page 95, line 4, leave out 'references' and insert 'reference'.

No. 88, in page 95, line 4, leave out '75(2)(d) and (3)(a) are' and insert '75(3)(a) is'.

No. 89, in page 95, line 5, leave out 'references' and insert 'a reference'.-- [Mr. Mike Hall.]

Amendments made: No. 90, in page 98, line 32, after '82(3),' insert--

'( ) section 130,'.

No. 91, in page 98, line 35, at end insert--

'(3A) No regulations are to be made under--

(a) section ( Treatment of certain overstayers ), or

(b) section 60(3),

unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.'.

No. 92, in page 98, line 37, after '(3)' insert 'or (3A)'.-- [Mr. Mike Hall.]

Amendments made: No. 93, in page 99, line 9, at end insert--

' "EEA State" means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being;'.

No. 94, in page 99, line 32, at end insert--

' "port";'.-- [Mr. Mike Hall.]

Amendments made: No. 95, in page 100, line 5, at end insert--

'(1A) Section 80(1) comes into force on such day as the Secretary of State may by order appoint and section 101 comes into force with it.'.

No. 96, in page 100, line 8, after 'Act' insert

', except section 7 and paragraph 6 of Schedule 13 (which come into force in accordance with section ( Treatment of certain overstayers )),'.-- [Mr. Mike Hall.]

Support before the appointed day

1.--(1) The Secretary of State may by regulations make provision requiring prescribed local authorities to provide support, during the interim period, to asylum-seekers and their dependants who are destitute.

(2) For the purposes of sub-paragraph (1), in Northern Ireland, a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 is to be treated as a local authority.

2. The regulations must provide for the question whether a person is destitute to be determined by the local authority concerned.

3. Subsections (3) and (5) to (8) of section 80 apply for the purposes of the regulations as they apply for the purposes of that section, but for the references in subsections (5) and (7) to the Secretary of State substitute references to the local authority concerned.

4. The regulations may prescribe circumstances in which support for a destitute person--

(a) must be provided; or

(b) must or may be refused.

5. The regulations may provide that support--

(a) is to be provided in prescribed ways;

(b) is not to be provided in prescribed ways.

6. The regulations may make provision for--

(a) the determination by the Secretary of State of the maximum number of asylum-seekers to whom a local authority is required under the regulations to provide support; and

(b) the referral by one local authority to another of a claim for support made to it under the regulations if the referring authority is providing support to a number of asylum-seekers in excess of that maximum number.

7.--(1) The regulations may make provision for the referral of a claim for support made to the Secretary of State to such prescribed local authority as he may specify in a direction.

(2) A direction may not specify a local authority which is providing support to a number of asylum-seekers in excess of the maximum number determined in accordance with provision made by virtue of paragraph 6(a).

(3) The regulations may make provision for the payment by the Secretary of State of any reasonable travel or subsistence expenses incurred as a result of a referral made by him as a result of provision made by virtue of sub-paragraph (1).

8. The regulations may make provision requiring prescribed local authorities or other prescribed bodies to give reasonable assistance to local authorities providing support under the regulations.

9. The regulations may make provision for the procedure for making and determining claims for support.

10. The regulations may make provision for a person who has received, or is receiving, support from a local authority under any other prescribed enactment to be taken to have been accepted for support under the regulations by a prescribed local authority.

11. A person entitled to claim support under the regulations is not entitled to claim support under any other prescribed enactment.

Definitions

12. "The appointed day" means the day appointed under section 153(1A).

13. "The interim period" means the period beginning with day on which paragraph 1 comes into force and ending on the appointed day.'.-- [Mr. Mike Hall.]

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

Amendments made: No. 97, in page 102, line 6, after 'of' insert

'legally qualified members and of other'.

No. 98, in page 102, line 8, leave out 'qualified for appointment only' and insert 'legally qualified'.

No. 99, in page 102, line 15, after 'one' insert 'legally qualified'.

No. 100, in page 102, line 16, after 'another' insert 'such'.

No. 101, in page 103, line 1, leave out from beginning to end of line 4 and insert--

'( ) The jurisdiction of the Tribunal may be exercised by such number of members as the President may direct.

( ) A direction may be given in relation to a specified case or category of case.

( ) A specified number of members may include a specified number of legally qualified members.'.-- [Mr. Mike Hall.]

Amendments made: No. 102, in page 103, line 16, at end insert--

' Deputy Chief Adjudicator and Regional Adjudicators

.--(1) The Lord Chancellor may appoint one of the adjudicators as Deputy Chief Adjudicator.

(2) The Lord Chancellor may appoint as Regional Adjudicators such number of the adjudicators as he may determine.

(3) A person appointed under sub-paragraph (1) or (2) is to have such functions as the Chief Adjudicator may assign to him.

(4) If the Chief Adjudicator is temporarily absent or otherwise unable to act, the Deputy Chief Adjudicator may act on his behalf.'.

No. 103, in page 103, line 16, at end insert--

' Qualification for appointment

. A person is qualified for appointment as an adjudicator only if--

(a) he has a 7 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 7 years' standing; or

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing.'.

No. 104, in page 103, line 42, at end insert--

'( ) The Chief Adjudicator may direct that, in a specified case or category of case, an appeal to an adjudicator is to be heard by such number of adjudicators as may be specified.

( ) "Specified" means specified in the direction.'.-- [Mr. Mike Hall.]

No. 113, in page 106, line 35, at end insert--

'(4A) This sub-paragraph applies to a claim under the Human Rights Convention if--

(a) it does not disclose a right under the Convention; or

(b) it does disclose a right under the Convention, but the claim is manifestly unfounded.

(4B) This sub-paragraph applies to a claim if-'

No. 114, in page 107, line 2, leave out from 'under' to end of line 6 and insert

'the Refugee Convention or the Human Rights Convention'.

No. 115, in page 109, line 10, after second 'appeal' insert

'other than an appeal under section 57'.

No. 116, in page 109, line 45, leave out '(1)(d)' and insert '(1)(c)'.-- [Mr. Mike Hall.]

Amendment made: No. 117, in page 122, line 5, leave out

', glove, headgear or footwear'

and insert 'or glove'.-- [Mr. Mike Hall.]

Amendment made: No. 118, in page 126, line 18, leave out

', glove, headgear or footwear'

and insert 'or glove'.-- [Mr. Mike Hall.]

Amendments made: No. 119, in page 127, line 30, leave out 'and'.

No. 120, in page 127, line 31, at end insert

'; and

( ) in subsection (6), for "either" substitute "each".'.

No. 121, in page 129, line 10, at end insert--

'( ) In subsection (3), for "twenty-one" substitute "15".'.

No. 122, in page 130, line 5, leave out from second 'for' to end of line 6 and insert

'from "(not being" to "book" substitute "before the expiry of the waiting period in relation to each notice of marriage";'.

No. 123, in page 130, line 8, at end insert--

'( ) After subsection (2), insert--

"(2A) In subsection (2)(d) "the waiting period" has the same meaning as in section 31(4A)."'.

No. 124, in page 132, line 15, leave out 'did not have' and insert 'had'.

No. 125, in page 133, line 36, leave out from 'in' to end of line 38 and insert

'order to provide accommodation under Part VI of the Immigration and Asylum Act 1999'.

No. 126, in page 134, line 21, leave out from beginning to end of line 22 and insert--

'power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.

( ) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy." '.

No. 127, in page 134, line 35, after 'asylum-seekers' insert 'or dependants of asylum-seekers'.

No. 128, in page 135, line 3, after 'asylum-seekers' insert 'or dependants of asylum-seekers'.

No. 129, in page 135, line 37, at end insert--

' The Courts and Legal Services Act 1990 (c. 41)

.--(1) The Courts and Legal Services Act 1990 is amended as follows.

(2) In Schedule 10 (judicial and other appointments), omit paragraph 34.

No. 130, in page 136, line 16, at end insert--

' The Judicial Pensions and Retirement Act 1993 (c. 8)

.--(1) The Judicial Pensions and Retirement Act 1993 is amended as follows.

(2) In Schedule 1 (offices which may be qualifying judicial offices), in Part II, for "Chief, or any other, immigration adjudicator under the Immigration Act 1971" substitute "Immigration Adjudicator".

(3) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.'.

No. 131, in page 136, line 19, leave out from beginning to end of line and insert--

'. Omit section 3 (fingerprinting).

. Omit sections 4 and 5 and Schedule 1 (housing of asylum-seekers and their dependants).

. Omit section 7 (curtailment of leave).

. Omit sections 8, 9, 10 and 11 and Schedule 2(which relate to appeals).'.

No. 132, in page 136, line 27, leave out from beginning to end of line 28 and insert--

'. Omit section 12 (carriers' liability).'.

No. 133, in page 136, line 30, leave out from beginning to end of line 32 and insert--

'. The Asylum and Immigration Act 1996 is amended as follows.

. Omit section 7 (power of arrest and search warrants).

. Omit section 9 (entitlement to housing accommodation and assistance).

. Omit section 10 (entitlement to child benefit).

. Omit section 11 (saving for social security regulations).

. Omit Schedule 1 (modifications of social security regulations).

. In Schedule 2, omit sub-paragraphs (2) and (3) of paragraph 1, paragraph 3 and paragraph 4(2) (which are spent as a result of this Act).

. In Schedule 3, omit paragraphs 1, 2 and 5 (which are spent as a result of this Act).'.

No. 134, in page 137, line 14, leave out 'a special' and insert 'an'.-- [Mr. Mike Hall.]

No. 138, in page 139, line 31, leave out

'that section by this Act'

and insert 'those sections'.

No. 139, in page 139, line 31, at end insert--

'6.--(1) Sub-paragraph (2) applies if, on the coming into force of section 7, sections 15 of the 1971 Act and 5 of the Immigration Act 1988 have been repealed by this Act.

(2) Those sections are to continue to have effect in relation to any person--

(a) who applied during the regularisation period prescribed under section ( Treatment of certain overstayers ), in accordance with the regulations made under that section, for leave to remain in the United Kingdom, and

(b) on whom the Secretary of State has since served a notice of his decision to make a deportation order.'.-- [Mr. Mike Hall.]

Amendments made: No. 140, in page 141, line 21, at end insert--

'1993 c. 8. The Judicial Pensions and Retirement Act 1993. In Schedule 6, paragraphs 37 and 38.'.

No. 141, in page 141, line 33, column 3, at end insert--

'Section 2.

Section 3.'.

No. 142, in page 141, line 49, at end insert--

'1997 c. 68. The Special Immigration Appeals Commission Act 1997. Section 7(4).

In Schedule 2, paragraph 5.'.

-- [Mr. Mike Hall.]

Order for Third Reading read.

Motion made, and Question put, That the Bill be now read the Third time.-- [Mr. Mike Hall.]

The House divided: Ayes 310, Noes 41.

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