New Clause 10 — Withholding and withdrawal of support

Part of Orders of the Day — Nationality, Immigration and Asylum Bill — [2nd Allotted Day] – in the House of Commons at 5:15 pm on 12th June 2002.

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Photo of Sylvia Heal Sylvia Heal Deputy Speaker 5:15 pm, 12th June 2002

With this, it will be convenient to discuss the following: New clause 4—Accommodation: adequacy

'(1) After section 97(1) of the Immigration and Asylum Act 1999 (c. 33) (Supplemental) there is added:

"(1A) Accommodation provided under section 95 will only be regarded as adequate provided:

(a) it is fit for human habitation as defined by section 604 of the Housing Act 1985 (as amended);

(b) occupation of the accommodation by the asylum seekers and their dependants (if any) will not constitute overcrowding as defined by sections 324, 325 and 326 of the Housing Act 1985;

(c) it does not constitute a statutory nuisance as defined by section 79 of the Environmental Protection Act 1990;

(d) the Secretary of State is satisfied that, if occupied by them, the asylum seekers and their dependants (if any) would be reasonably safe from personal injury or from damage to their property caused by a relevant defect, as defined by section 4 of the Defective Premises Act 1972.".

(2) After section 100(1) of the Immigration and Asylum Act 1999 (c. 33) (local authority and other assistance for Secretary of State) there is added—

"(1A) The Secretary of State may ask a local housing authority to take such steps as they are allowed by law to ensure accommodation provided under section 95 is adequate as defined by section 97(1A).".'.

New clause 17—Accommodation of unaccompanied asylum–seeking children

'(1) All unaccompanied asylum–seeking children shall be offered the opportunity to be accommodated under section 20 of the Children Act 1989.

(2) Such children may be accommodated by any local authority.'.

Government new schedule 1—'Withholding and Withdrawal of Support

Ineligibility for support

1 (1) A person to whom this paragraph applies shall not be eligible for support or assistance under—

(a) section 21 or 29 of the National Assistance Act 1948 (c. 29) (local authority: accommodation and welfare),

(b) section 45 of the Health Services and Public Health Act 1968 (c. 46) (local authority: welfare of elderly),

(c) section 12 or 13A of the Social Work (Scotland) Act 1968 (c. 49) (social welfare services),

(d) Article 15 of the Health and Personal Social Services (Northern Ireland) Order (S.I. 1972/1265 (N.I. 14)) (general social welfare),

(e) section 21 of and Schedule 8 to the National Health Service Act 1977 (c. 49) (social services),

(f) section 17, 23C, 24A or 24B of the Children Act 1989 (c. 41) (welfare and other powers which can be exercised in relation to adults),

(g) section 29 of the Children (Scotland) Act 1995 (c. 36) (after-care),

(h) section 2 of the Local Government Act 2000 (c. 22) (promotion of well-being),

(i) a provision of the Immigration and Asylum Act 1999 (c. 33), or

(j) a provision of this Act.

(2) A power or duty under a provision referred to in sub-paragraph (1) may not be exercised or performed in respect of a person to whom this paragraph applies (whether or not the person has previously been in receipt of support or assistance under the provision).

(3) An approval or directions given under or in relation to a provision referred to in sub-paragraph (1) shall be taken to be subject to sub-paragraph (2).

Exceptions

2 (1) Paragraph 1 does not prevent the provision of support or assistance—

(a) to a child, or

(b) under or by virtue of regulations made under paragraph 8, 9 or 10 below, or

(c) in a case in respect of which, and to the extent to which, regulations made by the Secretary of State disapply paragraph 1.

(2) Regulations under sub-paragraph (1)(c) may confer a discretion on the Secretary of State.

(3) A reference in this Schedule to a person to whom paragraph 1 applies includes a reference to a person in respect of whom that paragraph is disapplied to a limited extent by regulations under sub-paragraph (1)(c), except in a case for which the regulations provide otherwise.

3 Paragraph 1 does not prevent the exercise of a power or the performance of a duty if, and to the extent that, its exercise or performance is necessary for the purpose of avoiding a breach of—

(a) a person's Convention rights, or

(b) a person's rights under the Community Treaties.

First class of ineli

4 (1) Paragraph 1 applies to a person if he—

(a) has refugee status abroad, or

(b) is the dependant of a person who is in the United Kingdom and who has refugee status abroad.

(2) For the purposes of this paragraph a person has refugee status abroad if—

(a) he does not have the nationality of an EEA State, and

(b) the government of an EEA State other than the United Kingdom has determined that he is entitled to protection as a refugee under the Refugee Convention.

Second class of ineli

5 Paragraph 1 applies to a person who has the nationality of an EEA State other than the United Kingdom if—

(a) his presence in the United Kingdom is not in reliance on a right under or by virtue of the Community Treaties, or

(b) his presence in the United Kingdom is in reliance on a right under or by virtue of the Community Treaties which permits residence in a member State subject to conditions designed to avoid burdens on social assistance systems or social security systems.

Third class of ineli

6 Paragraph 1 applies to a person if—

(a) he was (but is no longer) an asylum-seeker, and

(b) he fails to cooperate with removal directions issued in respect of him.

Fourth class of ineli

7 Paragraph 1 applies to a person if—

(a) he is in the United Kingdom in breach of the immigration laws within the meaning of section 11, and

(b) he is not an asylum-seeker.

Travel assistance

8 The Secretary of State may make regulations providing for arrangements to be made enabling a person to whom paragraph 1 applies by virtue of paragraph 4 or 5 to leave the United Kingdom.

Temporary accommodation

9 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person to whom paragraph 1 applies pending the implementation of arrangements made by virtue of paragraph 8.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

10 (1) The Secretary of State may make regulations providing for arrangements to be made for the accommodation of a person if—

(a) paragraph 1 applies to him by virtue of paragraph 7, and

(b) he has not failed to cooperate with removal directions issued in respect of him.

(2) Arrangements for a person by virtue of this paragraph—

(a) may be made only if the person has with him a dependent child, and

(b) may include arrangements for a dependent child.

Assistance and accommodation: general

11 Regulations under paragraph 8, 9 or 10 may—

(a) provide for the making of arrangements under a provision referred to in paragraph 1(1) or otherwise;

(b) confer a function (which may include the exercise of a discretion) on the Secretary of State, a local authority or another person;

(c) provide that arrangements must be made in a specified manner or in accordance with specified principles;

(d) provide that arrangements may not be made in a specified manner;

(e) require a local authority or another person to have regard to guidance issued by the Secretary of State in making arrangements;

(f) require a local authority or another person to comply with a direction of the Secretary of State in making arrangements.

12 (1) Regulations may, in particular, provide that if a person refuses an offer of arrangements under paragraph 8 or fails to implement or cooperate with arrangements made for him under that paragraph—

(a) new arrangements may be made for him under paragraph 8, but

(b) new arrangements may not be made for him under paragraph 9.

(2) Regulations by virtue of this paragraph may include exceptions in the case of a person who—

(a) has a reason of a kind specified in the regulations for failing to implement or cooperate with arrangements made under paragraph 8, and

(b) satisfies any requirements of the regulations for proof of the excuse.

Offences

13 (1) A person who leaves the United Kingdom in accordance with arrangements made under paragraph 8 commits an offence if he—

(a) returns to the United Kingdom, and

(b) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10.

(2) A person commits an offence if he—

(a) requests that arrangements be made for him by virtue of paragraph 8, 9 or 10, and

(b) fails to mention a previous request by him for the making of arrangements under any of those paragraphs.

(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months.

Information

14 If it appears to a local authority that paragraph 1 applies or may apply to a person in the authority's area by virtue of paragraph 6 or 7, the authority must inform the Secretary of State.

Power to amend Schedule

15 The Secretary of State may by order amend this Schedule so as—

(a) to provide for paragraph 1 to apply or not to apply to a class of person;

(b) to add or remove a provision to or from the list in paragraph 1(1);

(c) to add, amend or remove a limitation of or exception to paragraph 1.

Orders and regulations

16 (1) An order or regulations under this Schedule must be made by statutory instrument.

(2) An order or regulations under this Schedule may—

(a) make provision which applies generally or only in specified cases or circumstances;

(b) make different provision for different cases or circumstances;

(c) make transitional provision;

(d) make consequential provision (which may include provision amending a provision made by or under this or another Act).

(3) An order under this Schedule, or regulations which include consequential provision amending an enactment, shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(4) Regulations under this Schedule to which sub–paragraph (3) does not apply shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation

17 In this Schedule—

"asylum-seeker" means a person—

(a) who is at least 18 years old,

(b) who has made a claim for asylum (within the meaning of section 16(3)), and

(c) whose claim has been recorded, but not determined, by the Secretary of State,

"Convention rights" has the same meaning as in the Human Rights Act 1998 (c. 42),

"child" means a person under the age of eighteen,

"dependant" and "dependent" shall have such meanings as may be prescribed by regulations made by the Secretary of State,

"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 from time to time),

"local authority"—

(a) in relation to England and Wales, has the same meaning as in section 105(3),

(b) in relation to Scotland, has the same meaning as in section 105(4), and

(c) in relation to Northern Ireland, means a health service body within the meaning of section 109(4)(c),

"the Refugee Convention" means the Convention relating to the status of Refugees done at Geneva on 28th July 1951 and its Protocol, and

"removal directions" means directions under Schedule 2 to the Immigration Act 1971 (c. 77) (control of entry, &c.), under Schedule 3 to that Act (deportation) or under section 10 of the Immigration and Asylum Act 1999 (c. 33) (removal of person unlawfully in United Kingdom).'.

Amendment (a) to the proposed schedule, in paragraph 4(1)(a), after "abroad", insert—

'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation and is not seeking to transfer his refugee status to the United Kingdom'.

Amendment (b) to the proposed schedule, in paragraph 4(1)(b), at end insert—

'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation and is not seeking to transfer his refugee status to the United Kingdom'.

Amendment (c) to the proposed schedule, in paragraph 5(a), after "Treaties", insert—

'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation'.

Amendment (d) to the proposed schedule, in paragraph 5(b), at end insert—

'and is not otherwise seeking to claim support under a provision of European Union law, the European Convention on Human Rights, or any other international obligation'.

Amendment (e) to the proposed schedule, in paragraph 6(a), leave out "and".

Amendment (f) to the proposed schedule, in paragraph 6(b), at end insert—

'and—

(c) he does not allege that his rights under the European Convention on Human Rights would be breached if he were removed and there are no outstanding appeals or judicial review proceedings in connection with that claim or his asylum application'.

Amendment (g) to the proposed schedule, in paragraph 7(b), at end insert—

', or—

(c) he has no other outstanding application for leave to enter or remain either before the Secretary of State or appeal before a Court, Adjudicator or the Tribunal'.

Amendment (h) to the proposed schedule, in paragraph 9, leave out sub-paragraph (2).

Amendment (i) to the proposed schedule, in paragraph 10, leave out sub-paragraph (2).

Amendment (j) to the proposed schedule, leave out paragraph 12.

Amendment (k) to the proposed schedule, in paragraph 13, leave out sub-paragraph (2).

Amendment No. 49, in clause 37, page 19, line 7, leave out paragraph (a).

Amendment No. 84, in page 19, line 18, leave out from "shall" to "House" in line 19 and insert—

'not be made unless a draft has been laid before and approved by resolution of each'.

Government amendments Nos. 217, 216 and 254.

Amendment No. 50, in clause 38, page 20, line 13, leave out "and" and insert "or".

Amendment No. 51, in page 20, line 14, at end insert—

'or both.'.

Government amendment No. 255.

Amendment No. 52, in page 20, line 17, leave out "and" and insert "or".

Amendment No. 53, in page 20, line 18, at end insert—

'or both.'.

Amendment No. 261, in clause 39, page 23, line 4, leave out subsections (3), (4), (5) and (6).

Amendment No. 54, in clause 43, page 24, line 35, leave out "may" and insert "must".

Amendment No. 55, in page 24, line 35, at end insert—

'(aa) give priority to meeting the person's particular needs'.

Amendment No. 56, in page 24, line 38, leave out paragraph (b).

Government amendment No. 218.

Amendment No. 143, in clause 45, page 26, line 3, after "appellant", insert "and any witnesses".

Amendment No. 144, in page 26, line 4, after "appeal", insert "or seeking legal advice".

Amendment No. 57, in page 26, line 4, at end add—

'103C Advice and assistance

(1) The Secretary of State may make a grant to a voluntary organisation which provides—

(i) advice or assistance to persons who have a right of appeal under this Part;

(ii) other services for the welfare of those persons.

(2) A grant under this section may be subject to terms or conditions (which may include conditions as to repayment).'.

Amendment No. 194, in clause 133, page 74, line 26, leave out paragraph (f).