Clause 35 - Destitute asylum-seeker
Nationality, Immigration and Asylum Bill
11:30 am
Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)
Again, these minor technical amendments are consequential on changes that the Bill makes to section 95(3) to (8) of the Immigration and Asylum Act 1999. Amendments Nos. 248 and 249 make comparable changes to the Scottish legislation that is equivalent to the National Assistance Act 1948, the Health Services and Public Health Act 1968 and the National Health Service Act 1977. Amendment No. 123 does the equivalent for Northern Ireland legislation. Taken together, the amendments will ensure that the current position is maintained. Given their highly technical nature, I hope that the Committee will easily accept them.
Amendment agreed to.
Amendments made: No. 123, in page 19, line 41, at end insert—
'( ) The following shall be substituted for Article 7(3A) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (prevention of illness, care and after-care: exclusion of asylum-seeker: interpretation)—
''(3A) Section 95(3) to (8) of that Act shall apply for the purpose of paragraph (3); and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to the Department.''
( ) The following shall be substituted for Article 15(7) of that Order (general social welfare: exclusion of destitute asylum-seeker: interpretation)—
''(7) Section 95(3) to (8) of that Act shall apply for the purpose of paragraph (6); and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to the Department.''.'.
No. 249, in page 19, line 41, at end insert—
'( ) The following shall be substituted for section 7(4) of the Mental Health (Scotland) Act 1984 (c.36) (functions of local authorities—exclusion of destitute asylum seeker: interpretation)—
''(4) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (3) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority.''.
( ) The following shall be substituted for section 8(5) of that Act (provision of after-care services—exclusion of destitute asylum seeker: interpretation)—
''(5) Section 95(3) to (8) of that Act shall apply for the purposes of subsection (4) of this section; and for that purpose a reference to the Secretary of State in section 95(5) or (6) shall be treated as a reference to a local authority''.'.—[Angela Eagle.]
Clause 35, as amended, ordered to stand part of the Bill.