Clause 35 - Destitute asylum-seeker
Nationality, Immigration and Asylum Bill
11:00 am
Ms Angela Eagle (Parliamentary Under-Secretary, Home Office; Wallasey, Labour)
I must first point out an unfortunate and inaccurate sentence in the explanatory note to clause 35, which states:
''It therefore removes the requirement to provide cash-only support to asylum-seekers.''
The clause does not do that. I do not know how the sentence got in there. It is a gremlin, and should be removed. It has confused those who have been reading the explanatory notes to understand the legalese in the Bill. I apologise, and have drawn the matter to the attention of Opposition spokesmen.
The amendments bring the provisions in clause 35, and thus the Immigration and Asylum Act 1999, in line with the wording of clause 16. Amendment 117 applies the new definition of asylum seeker in clause 16(1) to section 94 of the 1999 Act. Amendment No. 118 amends the wording of section 94(3A) of the 1999
Act, which clause 35 inserts. The amendment mirrors the provision in clause 16(2), which states:
''A person shall continue to be treated as an asylum-seeker . . . while—
(a) his household includes a dependant child who is under 18, and
(b) he does not have leave to enter or remain in the United Kingdom.''
The introductory Bill omitted section 94(5) from the 1999 Act, as it was no longer needed. Amendment No. 118 means that sections 94(5) and (6) are not needed. Amendment No. 118 covers the same ground that was covered in those provisions, so amendment No. 119 omits section 94(5) and (6) from the 1999 Act. The amendments are technical and should present the Committee with no difficulty.
Amendment agreed to.
Amendment made: No. 118, in page 18, line 23, leave out from 'asylum-seeker' to end of line 25 and insert
'despite paragraph (d) of the definition of ''asylum-seeker'' in subsection (1) while—
(a) his household includes a dependant child who is under 18, and
(b) he does not have leave to enter or remain in the United Kingdom.''.'.—[Angela Eagle.]