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Written Question
Prisoners' Release: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many foreign national prisoners have been released under the (1) Early Removal Scheme (ERS), and (2) Tariff-Expired Removal Scheme (TERS).

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.

We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.

Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).

Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.

The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.

Year

2017-18

2018-19

2019-20

2020-21

2021-22

Number of Foreign National Offenders escaped from custody

3

..*

..

..

..

* Figures of 1 and 2 are supressed

A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.


Written Question
Prisoner Escapes: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many foreign national prisoners have escaped custody in each of the last five years.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.

We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.

Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).

Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.

The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.

Year

2017-18

2018-19

2019-20

2020-21

2021-22

Number of Foreign National Offenders escaped from custody

3

..*

..

..

..

* Figures of 1 and 2 are supressed

A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.


Written Question
Prisoners: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what was the cost of housing foreign national prisoners for each of the last five years.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.

We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.

Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).

Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.

The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.

Year

2017-18

2018-19

2019-20

2020-21

2021-22

Number of Foreign National Offenders escaped from custody

3

..*

..

..

..

* Figures of 1 and 2 are supressed

A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.


Written Question
Prisoners: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government how many foreign nationals are currently held in prisons in England and Wales.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.

We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.

Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).

Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.

The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.

Year

2017-18

2018-19

2019-20

2020-21

2021-22

Number of Foreign National Offenders escaped from custody

3

..*

..

..

..

* Figures of 1 and 2 are supressed

A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.


Written Question
Prisoners: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what are the top 10 countries from which foreign national prisoners originate.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.

We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.

Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).

Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.

The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.

Year

2017-18

2018-19

2019-20

2020-21

2021-22

Number of Foreign National Offenders escaped from custody

3

..*

..

..

..

* Figures of 1 and 2 are supressed

A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.


Written Question
Prisoners: Foreign Nationals
Monday 27th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what steps they are taking to reduce the amount of foreign national prisoners in England and Wales.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The removal of Foreign National Offenders is a Government priority. The Ministry of Justice continues to work closely with the Home Office to maximise the number of deportations.

Our new Prisoner Transfer Agreement with Albania entered into force in May 2022, and we are looking to negotiate new Prisoner Transfer Agreements with key EU Member States and wider-world countries. We also signed a new protocol to the Council of Europe Convention on the Transfer of Sentenced Persons in October 2021 to widen the scope of transferring prisoners without their consent.

The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.

Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This provision is intended to strengthen the approach in this area.


Written Question
Historic Buildings: Repairs and Maintenance
Tuesday 21st March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question

To ask His Majesty's Government what discussions they have had with heritage bodies about the backlog of works to buildings of national importance both in the public and private sectors.

Answered by Lord Parkinson of Whitley Bay - Parliamentary Under Secretary of State (Department for Culture, Media and Sport)

The Department for Culture, Media and Sport regularly engages with heritage public bodies, including Historic England and the National Lottery Heritage Fund, regarding buildings of national importance. The Government, along with national agencies, local authorities, and the wider heritage sector, works to champion England’s heritage, including by providing financial support for heritage assets. This includes:

  • the £82 million Museum Estate and Development Fund (MEND), providing funding to undertake vital infrastructure and urgent maintenance backlogs for non-national accredited museums in England (a round of projects awarded funding through this was announced on Monday 20 March);

  • various grants delivered through Historic England for the repair and conservation of listed buildings, scheduled monuments, and registered parks and gardens, including approximately £11 million per annum in repair grants for heritage at risk;

  • the £360 million Public Bodies Infrastructure Fund 2021–22, which addressed maintenance and infrastructure upgrades at DCMS-sponsored cultural bodies including the fifteen sponsored museums, the British Library, and the British Film.


Written Question
Cycling: Urban Areas
Monday 20th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Department for Transport:

To ask His Majesty's Government what assessment they have made of whether existing legislation relating to cycling in urban areas is fit for purpose.

Answered by Baroness Vere of Norbiton - Parliamentary Secretary (HM Treasury)

The rules of the road for people who cycle, in both the urban and rural environment, are set out in The Highway Code. The elements of the Code that relate to walking and cycling were updated in 2022 following a public consultation. The Government is satisfied that the rules are fit for purpose, and enforcement of any breaches of them is a matter for the police.

The Government is considering bringing forward legislation to introduce new offences in relation to dangerous cycling, to tackle cases where victims have been killed or seriously injured by irresponsible cycling behaviour. This follows an earlier review exploring the case for specific dangerous cycling offences, to which the Department will publish a response as soon as it can.


Written Question
Dartmoor National Park Authority
Thursday 16th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government what assessment they have made of the work of the current members of the Dartmoor National Park Authority.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

We greatly appreciate the time, energy, and commitment that board members bring, and the important work they do in caring for our National Parks. Other than new national appointments to fill upcoming vacancies, we have no immediate plans to change the membership or operation of Dartmoor National Park Authority. Our 2022 consultation on implementing the Landscapes Review sought views on potential changes to National Park Authority boards. We are carefully considering the consultation results and are working to publish a response shortly.


Written Question
Dartmoor National Park Authority
Thursday 16th March 2023

Asked by: Lord Swire (Conservative - Life peer)

Question to the Department for Environment, Food and Rural Affairs:

To ask His Majesty's Government what plans they have, if any, to change the (1) membership, or (2) operation, of the Dartmoor National Park Authority.

Answered by Lord Benyon - Minister of State (Foreign, Commonwealth and Development Office)

We greatly appreciate the time, energy, and commitment that board members bring, and the important work they do in caring for our National Parks. Other than new national appointments to fill upcoming vacancies, we have no immediate plans to change the membership or operation of Dartmoor National Park Authority. Our 2022 consultation on implementing the Landscapes Review sought views on potential changes to National Park Authority boards. We are carefully considering the consultation results and are working to publish a response shortly.