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Constitutional Change
Mr. Bill Walker accordingly presented a Bill to provide for consultation of the people by referendum before the implementation of any constitutional change approved by Parliament: And the same was read the First time; and ordered to be read a Second time upon Friday 8 March and to be printed. [Bill 65.]
Orders of the Day
Asylum and Immigration Bill
Not amended (in the Standing Committee), considered.
'.--(1) It shall be an offence for a person who is not a qualified person within the meaning of this section to undertake for reward (whether by himself or through his servants or agents, or otherwise) the business of giving advice to, making representations on behalf of or acting as the representative of a person in respect of a matter to which subsection (2) of this section applies unless he is registered as an immigration law practitioner with the Immigration Practitioners Registration Authority ("the Authority") established under this section.
(2) This subsection applies to applications to--
(a) an immigration officer, or
(b) the Secretary of State for the Home Department, or
(c) the Department of Education and Employment
made by or on behalf of another person who does not have the right of abode in the United Kingdom for--
(i) leave to enter or remain in the United Kingdom, or
(ii) asylum in the United Kingdom, or
(iii) revocation of a decision to deport that person from the United Kingdom, or
(iv) a residence permit or document, or
(v) a work permit.
(3) For the purposes of this section, "qualified person" means a person who is--
(a) a lawyer who is subject to the disciplinary jurisdiction of the Law Society or Bar Council in respect of any services which relate to a matter to which subsection (2) above applies; or
(b) an employee of an advisory organisation or registered charity approved by the Authority; or
(c) an employee of a qualified person who is registered under this section.
(4) A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) Proceedings for an offence under subsection (1) above may be brought only by the Authority.
(6) It shall be the duty of the Lord Chancellor to appoint such person or persons as he considers to be fit and proper to constitute the Authority.
(7) It shall be the duty of the Lord Chancellor to make regulations to give effect to the establishment of the Authority under this section, which may include provisions for--
(a) fees payable for applications for registration;
(b) requirements for registration, including requirements as to--
(i) how the Authority is to be satisfied of the competence of a registered person to act as an immigration practitioner,
(ii) the proper management of the business of a registered practitioner,
(iii) the keeping of records,
(iv) the supervision of employees, and
(v) such other professional standards in the carrying on of a business as are considered necessary;
(c) powers to impose conditions on registration and to cancel registration where there has been a failure to comply with any such conditions;
(e) such other matters so as to regulate the procedures to be adopted where the Authority is minded to refuse a registration or revoke a registration.
(8) Regulations under this section shall be made by statutory instrument which shall be laid before Parliament in draft and shall be subject to approval by resolution of each House.
(9) Where the Authority has reasonable grounds to suspect that--
(a) the terms of registration have been breached, or
(b) that an offence under subsection (1) above has been committed by a person who is neither a qualified nor a registered person,
it may apply by written information to a circuit judge for a warrant to enter premises occupied by or on behalf of such a person,or other premises specified by the Authority where there are reasonable grounds to suspect that documents or other records will be found belonging to or held by such a person which relate to matters to which subsection (2) above applies.
(10) Any written information made under subsection (9) above must state the grounds for suspicion and the class of documents or records that the Authority consider will be relevant to the discharge of its duties under this section.
(11) Where the Authority has entered premises pursuant to a warrant issued under subsection (9) above it may take possession of any such documents or other material found on the premises as are specified in the warrant; and it may hold such material solely and for so long as is necessary to discharge its duties under this section; and it may not disclose such material to any person other than in the course of discharging its functions under his Act save to the owner of the documents or to such other persons as the owner may have authorised.
(12) There shall be a right of appeal to the High Court against a refusal of registration or the imposition of any condition on registration or the revocation of registration by the Authority;and no revocation of registration shall have effect while any such appeal is pending.
(13) In this section, "to undertake for reward" means to carry out an activity in return for payment to which the person carrying out the activity is entitled, whether by contract or otherwise.'.--[Mr. Straw.]
Brought up, and read the First time.3.40 pm
Mr. Jack Straw (Blackburn): I beg to move, That the clause be read a Second time.
Madam Speaker: With this, it will be convenient to discuss new clause 7--Council for licensed immigration advisers--
' .--(1) There shall be a body to be known as the Council for Licensed Immigration Advisers.
(2) It shall be the general duty of the Council to ensure that the standards of competence and professional conduct among persons who practice as licensed immigration advisers are sufficient to secure adequate protection for their clients, and that immigration advisory services offered by such persons are provided both economically and efficiently.
(3) The Council shall, with the approval of the Lord Chancellor, make rules relating to the education and training of those seeking to practise as licensed immigration advisers, and those rules shall,in particular, include provisions prescribing--
(a) the examinations to be taken by such persons, and
(b) requirements as to practical training and experience.
(4) The Council shall issue licences to permit persons to practise as licensed immigration advisers, and shall have power to revoke those licences or to place conditions on those licences.
(5) The Council shall maintain a register of licensed immigration advisers, and shall make it available for inspection by the public.
(6) The Council may, with the approval of the Lord Chancellor--
(a) make such charges for the issuing of a licence as may be necessary to cover its administrative costs; and
(b) require applicants for a licence to deposit a bond or other security which may be forfeit in circumstances specified in rules made under subsection (7) below.
(7) The Council shall, with the approval of the Lord Chancellor, make and publish rules as to professional practice, conduct and discipline for licensed immigration advisers.
(8) In approving rules made under this section, the Lord Chancellor shall have regard to the desirability of maintaining necessary protection for persons seeking advice on immigration and asylum matters without imposing unnecessary burdens on those whose business includes the provision of such advice.
(9) The Council shall have powers of investigation where a breach of its rules by a licensed immigration adviser is suspected, and these powers shall include the power to intervene in a licensed immigration adviser's practice, to inspect the accounts of a licensed immigration adviser, and to require the production of documents by any person involved in the operation of a licensed immigration advisory practice.
(10) The Council may, with the approval of the Lord Chancellor, make rules--
(a) making provision as to the management and control by licensed immigration advisers of bodies corporate undertaking the provision of immigration advisory services;
(b) prescribing the circumstances in which such bodies may be recognised by the Council as being suitable bodies to undertake the provision of such services; and
(c) regulating the conduct of the affairs of such bodies.
(9) An individual shall not describe himself or hold himself out as a licensed immigration adviser unless he holds a licence in force under this section.
(10) A body corporate shall not describe itself or hold itself out as a recognised body unless it is for the time being recognised under this section.
(11) A person who contravenes subsection (9) or (10) above shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.
(12) A person who does not hold a licence in force under this section who offers, or purports to offer, advice to other persons on their rights under the Immigration Act 1971, the Asylum and Immigration Appeals Act 1993 or this Act, in return for payment or other material reward or in the expectation of payment or other material reward, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years or to a fine or to both.
(13) The Lord Chancellor may make regulations governing the composition, method of appointment, powers, duties and conduct of its proceedings of the Council established under this section; and
(a) the first regulations made under this section shall be made by statutory instrument which shall be laid before Parliament in draft and shall be subject to approval by resolution of each House; and
(b) any subsequent regulations made under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr. Straw: New clause 1 is intended to establish effective regulation of those who give advice on immigration matters, and to end the scandal of unscrupulous advisers who make their living by manufacturing bogus claims for settlement through false applications for asylum, marriage, study and employment.
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