Following on previous reports by the Committee on the human rights implications of the Asylum & Immigration (Treatment of Claimants, etc.) Bill, this report examines the effects of new Government amendments to the Bill (made on June 9th 2004). These new clauses relate to: the provision of accommodation for a failed asylum seeker to be made conditional upon performance of community work; the determination of 'local connection' in homelessness legislation in relation to the dispersal of asylum seekers; the abolition of backdated welfare benefits to refugees; restrictions on the right to marry of persons subject to immigration control; and the removal of appeal rights on specific grounds. The Committee's findings include criticism for the Government's late tabling of amendments during the Bill's passage through Parliament without adequate warning or clear explanation of the human rights implications; and concern that there is a significant risk that some of these amendments breach various articles of the European Convention on Human Rights.

Asylum and Immigration (Treatment of Claimants, etc. ) Bill (HL) : Amendments to be moved in committee (supplementary to the second marshalled List)

The Bill was published as HLB 4, session 2004-05 (ISBN 01084188390). This volume contains a selection of the 14,000 personal letters and other submissions received by the Committee with regards to their inquiry into the Bill.

Appendices accompany vols. 64, 67-71.

The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.