Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made of whether DNA samples are being obtained from those who commit an offence under the Immigration Act 1971 when entering the United Kingdom by boat without a visa or valid entry clearance.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
Individuals entering the United Kingdom without a visa or valid entry clearance may be charged with an offence of entering the UK without a visa or valid entry clearance under Section 24 of the Immigration Act 1971. Section 3(10)(a) refers only to a relevant person in respect of the other points covered in Section 3 of the Immigration Act 1971 and is not, in itself, an offence.
Charges under Section 24 are generally reserved for cases involving aggravating or egregious factors, rather than blanket prosecution for those entering the UK without valid entry clearance; this is in line with undertakings that were given to Parliament during the passage of the Nationality and Borders, and Border Security, Asylum and Immigration Acts.
The power to take DNA samples is derived from the Police and Criminal Evidence Act following the arrest and resulting investigation into a criminal offence, so only those who are subject to prosecution will be in scope to have DNA samples taken.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government on what basis a person might be exempt from any requirements under section 3(10)(a) of the Immigration Act 1971 when entering the United Kingdom by boat without a visa or valid entry clearance.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
Individuals entering the United Kingdom without a visa or valid entry clearance may be charged with an offence of entering the UK without a visa or valid entry clearance under Section 24 of the Immigration Act 1971. Section 3(10)(a) refers only to a relevant person in respect of the other points covered in Section 3 of the Immigration Act 1971 and is not, in itself, an offence.
Charges under Section 24 are generally reserved for cases involving aggravating or egregious factors, rather than blanket prosecution for those entering the UK without valid entry clearance; this is in line with undertakings that were given to Parliament during the passage of the Nationality and Borders, and Border Security, Asylum and Immigration Acts.
The power to take DNA samples is derived from the Police and Criminal Evidence Act following the arrest and resulting investigation into a criminal offence, so only those who are subject to prosecution will be in scope to have DNA samples taken.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government on what basis people are not charged under section 3(10)(a) of the Immigration Act 1971 when entering the United Kingdom by boat without a visa or valid entry clearance.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
Individuals entering the United Kingdom without a visa or valid entry clearance may be charged with an offence of entering the UK without a visa or valid entry clearance under Section 24 of the Immigration Act 1971. Section 3(10)(a) refers only to a relevant person in respect of the other points covered in Section 3 of the Immigration Act 1971 and is not, in itself, an offence.
Charges under Section 24 are generally reserved for cases involving aggravating or egregious factors, rather than blanket prosecution for those entering the UK without valid entry clearance; this is in line with undertakings that were given to Parliament during the passage of the Nationality and Borders, and Border Security, Asylum and Immigration Acts.
The power to take DNA samples is derived from the Police and Criminal Evidence Act following the arrest and resulting investigation into a criminal offence, so only those who are subject to prosecution will be in scope to have DNA samples taken.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government, further to the Written Answers by Lord Hanson of Flint on 15 September (HL9952, HL9953, HL9954, HL9955, HL9956), whether they will answer the questions put.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations. This can include consideration of how other countries provide support for people seeking asylum.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they plan to compare the daily subsistence allowances for people seeking asylum provided by EU member states, Norway and Switzerland.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they plan to compare the level of support for health services, including dental care, for people seeking asylum provided by EU member states, Norway and Switzerland.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they plan to compare the level of support for housing and accommodation for people seeking asylum provided by EU member states, Norway and Switzerland.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they plan to compare the level of support for child support services for people seeking asylum provided by EU member states, Norway and Switzerland.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government whether they plan to compare the level of support for transport for people seeking asylum provided by EU member states, Norway and Switzerland.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
The Home Office has a statutory obligation to support asylum seekers who would otherwise be destitute. Asylum Support provisions are reviewed regularly to ensure that we remain compliant in meeting our legal obligations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government, further to the Written Answer by Lord Hanson of Flint on 4 June (HL7632), whether breaching a deportation order constitutes a specific criminal offence; and if so, on what basis the provision of information on the number of such breaches meets the criterion for disproportionate costs.
Answered by Lord Hanson of Flint - Minister of State (Home Office)
It is a criminal offence under section 24(A1) of the Immigration Act 1971 to knowingly enter the United Kingdom in breach of a deportation order. The offence attracts a maximum sentence of 5 years’ imprisonment.
When assessing breaches of the disproportionate cost threshold, consideration is given to the volume of case records that would need to be reviewed and the time it would take to review those cases which is calculated at a flat rate of £25 per hour.