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Objectives
This unit aims to enable students to understand:
| • | the legislative process |
| • | the major elements of the Immigration and Asylum Act 1999 and formulate an opinion of the Act. |
The Legislative Process
Government legislation usually starts off as a general Green Paper to raise debate on the issues. This is followed by a White Paper, which includes specific suggestions for legislation. It is then translated into a draft Bill, which is introduced in the Queen's speech and is then presented to the Commons.
| The Bill then passes through the following stages: | |
| FIRST READING | a formal announcement of the Bill |
| SECOND READING | the first official and often lengthy debate on the Bill, usually followed by a vote |
| COMMITTEE STAGE | a smaller group of MPs discusses and revises the Bill in the light of the debate and pressure groups often lobby at this point |
| REPORT STAGE | the committee presents its amendments to the Commons for discussion |
| THIRD READING | the whole Bill is debated again by the Commons |
The Bill then passes on to the Lords, where the whole process is repeated. Amendments must be agreed between the two Houses of Parliament before the Bill receives Royal Assent and becomes an Act of law. The last time Royal Assent was refused was 1707.
For further information on the legislative process visit
www.parliament.uk
. This site also has a link to Hansard, which contains records of the passage of the Immigration and Asylum Act 1999 through Parliament.
The Immigration and Asylum Act 1999
In lessons it will be useful to be able to challenge opinions and encourage students to think about both the advantages and disadvantages of the Act. The Home Office summary of the Act (
www.homeoffice.gov.uk
) divides it into nine key sections. The table below outlines those sections and some of the arguments for and against each of the main changes.
| Changes | Simplifying controls and procedures, including clarifying responsibility for port control, tightening up on making false statements and providing for the removal of some people unlawfully in the UK |
| Arguments Against | It is already very difficult to 'legally' enter the UK as a refugee since to do so often involves using false documents, which are themselves illegal. Some commentators have questioned whether such a law conflicts with Article 31 of the 1951 UN Convention on Refugees (recognising the need to travel on false documents) |
| Arguments For | Relatively few people are sent home once their application has been turned down |
| Changes | Penalties for 'carriers' of up to £2000 |
| Arguments Against | Tightening up controls in other countries may make it even more difficult for people to flee from countries where they suffer persecution |
| Arguments For | Trafficking in asylum seekers is now a big business and this measure will help reduce it |
| Changes | Bail hearings for detained asylum seekers amended to include a 'presumption of liberty', and legal aid made available |
| Arguments Against | Although the extension of these rules is positive, the UK still arrests a very high number of asylum seekers |
| Arguments For | This should help asylum seekers avoid unnecessary detention |
| Changes | Appeals procedure simplified and speeded up |
| Arguments Against | Appeals might be fairer if they could consider the relevant humanitarian arguments, as well as the legal and human-rights issues |
| Arguments For | This means a faster and more efficient decision-making process so applicants do not have to wait for decisions |
| Changes | Regulation of immigration advisers - they must register with the Immigration Services Commissioner |
| Arguments Against | Whilst in general the regulation is well received, the Commissioner's powers to enter and search premises without a warrant has been questioned |
| Arguments For | This will provide some quality control to ensure that advice is adequate |
| Changes | Support for asylum seekers, including the establishment of a National Asylum Support Service (replacing entitlement to regular benefit system), introduction of vouchers and a dispersal system to move asylum seekers away from congested areas in London and the south-east |
| Arguments Against | Dispersal has not been as widespread as intended and many are concerned that it would isolate asylum seekers from their communities and support systems |
| Arguments For | This will take some of the pressure off Housing and Social Services in London and the south-east |
| Changes | Arrest-and-search powers for immigration officers |
| Arguments Against | These powers have been criticised for putting immigration officers on a similar level to police |
| Arguments For | This will tighten up adherence to the rules |
| Changes | Management guidelines for detention centres |
| Arguments Against | Guidelines are welcomed but they do not set the same standards as prison policy |
| Arguments For | This will establish a minimum standard of care for those asylum seekers in detention |
| Changes | Registrars empowered to refuse to license a marriage if they suspect one party is not legally free to enter the contract |
| Arguments Against | This puts registrars in a difficult position |
| Arguments For | Marriage will not be seen as an easy way round asylum procedures |
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