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Lords Amendments

– in the House of Lords at 10:16 pm on 6th November 2002.

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25 After Clause 22, insert the following new clause—

"Length of stay: family with children (1) The Secretary of State may make regulations requiring him to consider whether accommodation should be provided for a person and his dependants outside an accommodation centre under a provision of the Immigration and Asylum Act 1999 (c. 33) where—

(a) they have been residents of an accommodation centre for a continuous period of time specified in the regulations, and

(b) at least one of the dependants is under 17. (2)The Secretary of State may make regulations requiring him to provide accommodation for a person and his dependants outside an accommodation centre under a provision of the Immigration and Asylum Act 1999 (c. 33) where—

(a) they have been residents of an accommodation centre for a continuous period of time specified in the regulations,

(b) at least one of the dependants is under 17, and

(c) the person requests that he and his dependants be provided with accommodation outside an accommodation centre. (3) Regulations under subsection (1) must provide that where paragraphs (a) and (b) of that subsection apply to a person and his dependants, the Secretary of State must consult the person in the course of the consideration required by that subsection.

(4) Regulations under subsection (2) must provide that where paragraphs (a) and (b) of that subsection apply to a person and his dependants, the Secretary of State must give the person an opportunity to make a request of the kind referred to in paragraph (c).

(5) Where the Secretary of State provides accommodation outside an accommodation centre in pursuance of regulations under this section he shall take any necessary steps to ensure that residence in the accommodation provided does not breach a residence restriction within the meaning of section 21.

(6) The Secretary of State may inquire into and decide a person's age for the purpose of regulations under this section.

(7) Section 45 is subject to regulations under this section."

The Commons disagreed to Lords Amendment No. 25 but propose Amendments Nos. 19A and 19B in lieu thereof.

26 Insert the following new clause—

"Length of stay: general (1) The Secretary of State may make regulations requiring him to provide accommodation for a person outside an accommodation centre under a provision of the Immigration and Asylum Act 1999 (c. 33) where the person—

(a) has been a resident of an accommodation centre for a continuous period of time specified in the regulations, and

(b) requests the provision of accommodation outside an accommodation centre. (2) Regulations under subsection (1) must provide that where paragraph (a) of that subsection applies to a person the Secretary of State must give him an opportunity to make a request of the kind referred to in paragraph (b).

(3) Where the Secretary of State provides accommodation outside an accommodation centre in pursuance of regulations under subsection (1) he shall take any necessary steps to ensure that residence in the accommodation provided does not breach a residence restriction within the meaning of section 21.

(4) Section 45 is subject to regulations under this section."

The Commons disagreed to Lords Amendment No. 26 but propose Amendments Nos. 19A and 19B in lieu thereof.

Photo of Lord Filkin Lord Filkin Parliamentary Under-Secretary, Home Office, The Parliamentary Under-Secretary of State for the Home Department

My Lords, I beg to move that the House do not insist on their Amendments Nos. 25 and 26 to which the Commons have disagreed. I spoke to these amendments when dealing with Amendment No. 19.

Moved, That the House do not insist on their Amendments Nos. 25 and 26 to which the Commons have disagreed—(Lord Filkin.)

On Question, Motion agreed to.