(1)The Secretary of State may make regulations setting out the time period within which the IIAA must—
(a)decide an appeal or bail application, or
(b)take any other steps in proceedings.
(2)The regulations may make provision for a time period to be extended (on one or more occasions), by a total period not longer than that specified in the regulations, where the IIAA decides that an extension is necessary on the grounds that—
(a)it would not be reasonably practicable for the IIAA to comply with the time period, or
(b)it would not be in the interests of justice for the IIAA to comply with the time period.
(3)The regulations may make provision for a time period to be extended—
(a)on an application by a party to the proceedings, or
(b)on the IIAA’s own initiative.
(4)The regulations must provide that a time period set out in the regulations does not apply or, as the case may be, ceases to apply, in relation to an appeal that must be brought, or must be continued, from outside the United Kingdom.
(5)The IIAA must have a procedure for ensuring that the Chief Executive is made aware of any proceedings—
(a)which fail to comply with a requirement of regulations under this section, or
(b)in relation to which a time period is extended.
(6)The annual report of the IIAA (see paragraph 11 of Schedule 2) must include such details about—
(a)proceedings where the IIAA has failed to comply with a requirement of regulations under this section, and
(b)proceedings in relation to which a time period has been extended,
as are required by regulations made by the Secretary of State.
(7)Before making regulations under this section, the Secretary of State must consult the IIAA.
Explanatory Notes · published by the Government with the Bill
78. This clause gives the Secretary of State power to make regulations setting out the time periods within which the IIAA should decide certain appeals and bail applications or take any other step in proceedings. This enables expedition of cohorts of cases by the Secretary of State following consultation with the IIAA.
79. Clause 8(5) require the IIAA have a procedure to ensure the Chief Executive is made aware where it has failed to comply with the timeframe, alongside annual reporting on timeliness.
80. This does not take away the independence of the IIAA Procedure Rules Board. Instead, it aims to complement the practice and procedures set by the IIAA Procedure Rules Board, while improving consistency and accountability within the IIAA.
Amendments tabled 3 · 1 would remove the whole clause · 3 decided
Changes MPs have proposed to this clause at Committee stage, House of Commons, in the order they fall in the text. 0 agreed, 2 rejected, 1 withdrawn or not pressed so far. An amendment changes the Bill only if it is agreed. All amendments to the Bill
Green Party: Siân Berry, Green Spokesperson (Home)
Would remove the whole clause
Not selected for debate
The amendment · as tabled, addressed to the printed Bill
Page 6, line 1, leave out Clause 8
No explanatory statement was published with this amendment.
This amendment was not chosen for debate by the Chair/Speaker.
Green Party: Siân Berry, Green Spokesperson (Home)
Replaces words
Rejected on a vote
Explanatory statement · what it would do, in the words of Siân Berry
This amendment would expand the list of those whom the Secretary of State must consult before making regulations about time periods for IIAA proceedings to include people and organisations with experience of the immigration system.
Effect on the clause · the printed text with this amendment applied
6:31(7) Before making regulations under this section, the Secretary of State must
6:32consult the IIAA.
The amendment · as tabled, addressed to the printed Bill
Clause 8, page 6, line 32, leave out “the IIAA” and insert “individuals and organisations with an interest in how the IIAA operates, including—
Show the full text (5 lines)
(a) the IIAA,
(b) people granted protection status,
(c) people with lived experience of the asylum system,
(d) legal practitioners and organisations representing the interests of people with, or seeking, protection status, and
(e) such other persons as the Secretary of State considers appropriate.”
This amendment was debated and rejected, following a vote.
Conservative: Blake Stephenson, Shadow Parliamentary Under Secretary (Home Office)
supported by Matt Vickers
Adds words
Rejected on a vote
Explanatory statement · what it would do, in the words of Blake Stephenson
This probing amendment would require the first time-period regulations to be made within six months of the IIAA being established, and the IIAA to report how often deadlines are extended.
Effect on the clause · the printed text with this amendment applied
6:31(7) Before making regulations under this section, the Secretary of State must
6:32consult the IIAA.
(8) The first regulations under subsection (1) must be made before the end of the period of six months beginning with the day on which section 1 comes into force.
(9) The annual report of the IIAA must state the proportion of proceedings in which a time period set out in regulations under this section was extended.
The amendment · as tabled, addressed to the printed Bill
Clause 8, page 6, line 32, at end insert—
“(8) The first regulations under subsection (1) must be made before the end of the period of six months beginning with the day on which section 1 comes into force.
(9) The annual report of the IIAA must state the proportion of proceedings in which a time period set out in regulations under this section was extended.”
This amendment was debated and rejected, following a vote.