Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the efficacy of facial recognition technology when significant numbers of members of the public are wearing protective masks.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office has not made any such assessment.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the Draft Working Text for an Agreement between the United Kingdom of Great Britain and Northern Ireland and the European Union on the transfer of unaccompanied asylum-seeking children makes it a mandatory obligation to (1) ensure family reunion, and (2) confer rights enforceable through domestic legal systems
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The UK published the draft legal text of our proposed agreement with the EU on the family reunion of unaccompanied asylum-seeking children on 19 May.
Under the terms of the draft legal text, the UK would act on requests from sending states where we are satisfied that the criteria for transfer as set out in the draft legal text are met. It is only right that all transfers are in a child’s best interests and the legal text makes that clear. A transfer could be rejected, for example, where there are safeguarding concerns or failure to establish a proven family link as these transfers would not be in a child’s best interests.
With regards to conferral of rights enforceable through domestic legal systems, the UK will abide by its international agreements and implement it in domestic law as appropriate. An individual’s rights come from the UK’s implementation of an international agreement, not from the agreement itself – this is standard practice for all international agreements.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they will credit the Aspen cards for asylum seekers with more than one week’s allowance at a time.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We are currently reviewing the level of the cash allowances, as we do each year, to ensure that they remain capable of meeting the essential living needs of asylum seekers.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the Home Office and its contracted providers have made a public health assessment of asylum accommodation in the light of the COVID-19 pandemic.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office has been working with a Public Health England embed during the current crisis and we have put in place a number of measures to support people in the asylum system who are affected by the COVID-19 outbreak, including working closely with providers to make sure the most vulnerable people within the system receive the support they need.
The Accommodation providers recognise the challenge of managing COVID 19 within our accommodation estate and are working closely with Public Health England (PHE) on how their guidance on social distancing and self-isolation is properly applied, while ensuring that people can continue to access essential services.
In Initial Accommodation facilities, which tends to be hostel based, PHE Guidance recommends that separate rooms and segregation be provided for symptomatic people, or they should be moved to hotels. Our providers have configured their accommodation estate to meet this guidance.
In Dispersed Accommodation, which is houses or homes of multiple occupancy accommodating small numbers, Service Users have been provided guidance to ensure they socially distance or self isolate in line with the advice provided to the general public. Additionally, services providers have enhanced their contact management and wraparound services to ensure access to medical care, food packages and other essential items.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what measures asylum accommodation providers have made to ensure that people seeking asylum are able to follow the Government’s guidance on social distancing and staying safe during the COVID-19 pandemic.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office has been working with a Public Health England embed during the current crisis and we have put in place a number of measures to support people in the asylum system who are affected by the COVID-19 outbreak, including working closely with providers to make sure the most vulnerable people within the system receive the support they need.
The Accommodation providers recognise the challenge of managing COVID 19 within our accommodation estate and are working closely with Public Health England (PHE) on how their guidance on social distancing and self-isolation is properly applied, while ensuring that people can continue to access essential services.
In Initial Accommodation facilities, which tends to be hostel based, PHE Guidance recommends that separate rooms and segregation be provided for symptomatic people, or they should be moved to hotels. Our providers have configured their accommodation estate to meet this guidance.
In Dispersed Accommodation, which is houses or homes of multiple occupancy accommodating small numbers, Service Users have been provided guidance to ensure they socially distance or self isolate in line with the advice provided to the general public. Additionally, services providers have enhanced their contact management and wraparound services to ensure access to medical care, food packages and other essential items.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the use of Immigration Removal Centres in the light of the COVID-19 pandemic, and in particular (1) how many detainees have been released from detention since 23 March; (2) how many detainees remain in detention; (3) whether any asylum seekers have been placed in detention since 23 March, and if so how many; and (4) what measures have been taken to shield detainees and to maintain social distancing both for detainees and staff.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The safety and health of those in immigration removal centres is of the utmost importance but we remain committed to removing foreign national offenders or those who violate our immigration rules. Detention plays a key role in securing our borders and maintaining effective immigration control.
There is a general presumption of liberty for all individuals. Detention is used only when necessary, and decisions to detain an individual are made on a case by case basis and are based on all of the information known at the time of the review. As circumstances of the case change, detention is reviewed in light of these changes and release may then become appropriate.
There is no-one currently detained and going through the Detained Asylum Casework process. The majority of asylum claims are processed in the non-detained system, with claimants living in the community. Only a minority of claimants are detained whilst their claim is considered and almost all of those who have their claim considered in detention only claim asylum after being detained for removal. Asylum claims in detention are considered in accordance with published detention guidance, incorporating the policy on safeguarding adults at risk.
The Home Office is following all Public Health England guidance and have robust contingency plans in place including measures such as protective isolation to minimise the risk of COVID-19 spreading in the immigration detention estate. Further measures including shielding, single occupancy rooms and the cessation of social visits have been introduced in line with the Government direction on social distancing.
The Home Office publishes data on people leaving and in detention in the ‘Immigration Statistics Quarterly Release’. Data on the number of people detained under immigration powers at the end of each quarter are published in table Det_D02 and of those leaving detention are published in table Det_D03 of the immigration detention detailed datasets.
Information on how to use the dataset can be found in the ‘Notes’ page of the workbook. The latest data relates to those in detention as at 31 December 2019. Additionally, the Home Office publishes a high-level overview of the data in the 'summary tables'. The ‘contents’ sheet contains an overview of all available data on detention.
Figures covering the first quarter of 2020, including those detained as at 31 March 2020 will be released on 21st May 2020. Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what steps they are taking to ensure that asylum seekers and people who do not have a settled immigration status are encouraged to seek medical assistance as appropriate during the COVID-19 pandemic.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office has been working with a Public Health England embed during the current crisis and we have put in place a number of measures to support people in the asylum system who are affected by the COVID-19 outbreak, including working closely with providers to make sure the most vulnerable people within the system receive the support they need.
Those currently accommodated within our support accommodation can receive advice and have access to our Advice, Issue Reporting and Eligibility (AIRE) provider, Migrant Help. They can contact Migrant Help 24 hours a day on a freephone number if they need assistance or guidance. AIRE are working closely with the Home Office’s Asylum Safeguarding Hub.
All asylum accommodation providers continue to provide translated public health guidance, available in 12 languages, and instructions to service users and we are looking at options to provide a level of internet access across our Initial Accommodation estate.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many refusals they have made to provide information to a data subject by using the exemption in Schedule 2, paragraph 4 to the Data Protection Act 2018 in connection with (1) applications for settled status under the EU Settled Status Scheme, and (2) grants of pre-settled status when settled status has been applied for.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We do not hold data on specific types of applications, therefore cannot provide information pertaining to EUSS applicants who made a Subject Access Request.
The immigration exemption can only be applied where it is necessary and proportionate to do so, and where to uphold a data subject request would be likely to prejudice the maintenance of effective immigration control.
The immigration exemption is not a blanket measure, and its use is justified on a case by case basis. In nearly all cases the immigration exemption applies to a limited amount of data and the majority of data held is disclosed to the requestor.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what arrangements they have in place to protect non-EU nationals resident in the UK who are victims of domestic abuse, and in particular to ensure access to homelessness support, refuge and benefits.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This Government is committed to tackling domestic abuse against all women, regardless of their background or nationality. On 16 July this Government introduced the Domestic Abuse Bill which aims to improve protection and support for all victims irrespective of their immigration status.
Non-British victims residing in the UK are able to apply for support from authorities, many of whom will have statutory obligations to support victims. For individuals in the UK who are married, or partners of, British or settled sponsors and who claim to be victims of abuse, there is the option of applying for immediate crisis support under the Destitute Domestic Violence Concession (DDVC).
In addition, funding has been made available to support a range of support networks. In March £1,090,000 was made available specifically to be used to provide safe accommodation, and other support functions.
We are not complacent about our responses to domestic abuse. We strive to see what more can be done and we have committed to reviewing the support available to migrant victims of domestic abuse. The review will be launched over the summer and we aim to report progress of the review during the passage of the Bill.
Asked by: Baroness Hamwee (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the guidance issued by the Home Office to local authorities and Health and Social Care Trusts on 2 April EU Settlement Scheme—Looked After Children and Care Leavers' is mandatory.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The guidance pack issued to local authorities in England, Wales and Scotland and to Health and Social Care Trusts in Northern Ireland on 3 April is not statutory guidance. The pack puts together in one place, information readily available on gov.uk to provide a useful tool for front line local authority and HSCT staff tasked with supporting looked after children and care leavers. The Children Act 1989 provides the legal framework for local authorities to promote the child’s welfare and best interests, setting out statutory duties in relation to looked after children in England, with respective authorities for the devolved administrations. Statutory guidance is provided by Department for Education in relation to this. This statutory duty to promote best interests, coupled with funding provided to local authorities under a new burdens as-sessment should ensure that this important work will be done.
The Home Office engaged with the Department for Education, the Association of Directors Childrens Services and other Local Authority stakeholders across the UK in advance of publishing the guidance. The Home Office also conducted a private trial phase of testing where five local authorities were asked for detailed information on the children in their care eligible to apply to the EUSS, including what ID evidence they had access to and family situations in order to ascertain difficulties in obtaining identity documents.
The participating local authorities, along with the seven other community organisations participating in the trial phase provided detailed feedback on challenges they encountered during the test phase, which was considered before drafting the guidance.
The Home Office is committed to continuing to engage with local authorities as they undertake their responsibilities to ensure that all eligible looked after children and care leavers are supported to make an application to the EUSS. The Home Office will ensure that caseworkers liaise with and support applicants to get the status they require.
We consulted with the Department for Education in advance of publishing the guidance to ensure adequate consideration was given to other categories of looked after children, where the local authority does not hold full PR, under section 20 of the Children Act 1989. It has been confirmed that in those cases there is a duty on the local authority to raise awareness of the EU Set-tlement Scheme to those with PR for those eligible child(ren) and to provide practical support where needed, or signpost to relevant community support where deemed more appropriate to do so.