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Written Question
Migrant Workers: EEA Nationals
Thursday 9th November 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what estimate she has made of the earliest date on which her Department would have the capacity to include EU-EEA nationals who wish to work in the UK within a visa and work permit system.

Answered by Brandon Lewis

We are considering the options for our future immigration very carefully and will outline our proposals in due course.

The Prime Minister was clear in her speech on 22 September of the need for an implementation period to ensure that people and businesses – both in the UK and in the EU – have time to adjust to the new arrangements in a smooth and orderly way. During the implementation period, people will continue to be able to come and live and work in the UK; but there will be a registration system – an essential preparation for the new regime.


Written Question
Immigration: EEA Nationals
Thursday 9th November 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what estimate she has made of how many EU-EEA citizens currently resident in the UK do not benefit from EU treaty rights or any other rights to residency.

Answered by Brandon Lewis

No estimate has been made of the number of EU citizens already resident in the UK who do not benefit from EU treaty rights or any other rights to residency.


Written Question
Migrant Workers: EEA Nationals
Thursday 9th November 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of her Department's ability to instate a registration scheme for EU-EEA citizens wishing to come to work in the UK after March 2019.

Answered by Brandon Lewis

We are considering the options for our future immigration very carefully and will outline our proposals in due course.

The Prime Minister was clear in her speech on 22 September of the need for an implementation period to ensure that people and businesses – both in the UK and in the EU – have time to adjust to the new arrangements in a smooth and orderly way. During the implementation period, people will continue to be able to come and live and work in the UK; but there will be a registration system – an essential preparation for the new regime.


Written Question
Home Office: Brexit
Thursday 9th November 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the effectiveness of her Department's preparations for the UK leaving the EU with (a) an agreement on future partnership and (b) no agreement with the EU; and if she will make a statement.

Answered by Brandon Lewis

Following the referendum in June 2016, the Home Office continues to make rigorous preparations for a range of possible outcomes from the UK's negotiations with the EU, as set out in the Home Secretary’s evidence to the Home Affairs Select Committee on 17 October. http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/home-affairs-committee/the-work-of-the-home-secretary/oral/71645.html).


Written Question
Immigration Controls: Australia
Monday 11th September 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what plans she has to allow visitors from Australia to use e-passport gates as a matter of routine; and if she will make a statement.

Answered by Brandon Lewis

Citizens of Australia who regularly travel to the UK or hold a UK visa already have the option of becoming a member of the Registered Traveller Service, the benefits of which include use of the ePassport gates.

A complete overview of the service and the eligibility requirements can be found at: www.gov.uk/registered-traveller.


Written Question
Protection of Freedoms Act 2012
Tuesday 5th September 2017

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what post-legislative scrutiny her Department has carried out on the Protection of Freedoms Act 2012; and if she will make a statement.

Answered by Sarah Newton

The Home Office is currently drafting a Post legislative Scrutiny Memorandum for the Home Affairs Select Committee on the Protection of Freedoms Act 2012, which will be published as soon as possible after the Home Affairs Select Committee is reconstituted.


Written Question
European Arrest Warrants
Wednesday 19th November 2014

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether the UK has given the notification described in Article 28(1) of EU Framework Decision 2002/584/JHA on the European Arrest Warrant.

Answered by James Brokenshire

The UK has not given the notification described in Article 28(1) of EU Framework Decision 2002/584/JHA.


Written Question
European Arrest Warrants
Monday 17th November 2014

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, whether the UK may exclude any offences from the scope of the European Convention on Extradition that fall under the scope of the European Arrest Warrant and cannot be moved from that warrant's scope by the UK; and what offences the UK has so excluded.

Answered by James Brokenshire

Article 2(3) of the European Convention on Extradition allows a Contracting Party to exclude offences from the application of the Convention where its domestic law does not allow extradition for those offences. At the time of ratification in May 1991, the UK made two reservations concerning Article 2 of the Convention. One of these reserved the right to refuse extradition if it appears, in relation to the offence(s) in respect of which a person's return is sought, that by reason of its trivial nature, or because the accusation is not made in good faith in the interests of justice, extradition would in all the circumstances be unjust or oppressive. The UK has not made any further reservations or notifications concerning Article 2.

Other Contracting Parties may also exclude offences under Article 2(3), making this a less effective tool than the European Arrest Warrant for returning wanted British criminals to face justice.

Under the Convention, extradition takes longer and is more expensive than surrender under the European Arrest Warrant. It is also less effective as a Contracting Party may also refuse to extradite its own nationals under the Convention, which means that some people may never face justice.
In non-European Arrest Warrant cases, the following EU Member States havean absolute bar on extraditing their own nationals to the UK:

Austria
Belgium
Czech Republic
Finland
France
Germany
Greece
Latvia
Luxembourg
Slovakia
Slovenia
Spain
Sweden

A further nine have made declarations to the European Convention on Extradition to the effect that they will not extradite their own nationals:

Bulgaria
Croatia
Cyprus
Estonia
Hungary
Lithuania
Poland
Portugal
Romania


Written Question
European Arrest Warrants
Thursday 13th November 2014

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other people have had their extradition from the UK under a European arrest warrant blocked under the proportionality test in section 21A of the Extradition Act 2003 since that Act came into force.

Answered by James Brokenshire

More than 95% of people surrendered under an Arrest Warrant over the past five years have been foreign citizens. Since the reforms in section 21A of the Extradition Act 2003 came into force on 21 July 2014 no Arrest Warrants have been refused to be certified by the National Crime Agency for British nationals, and 21 Arrest Warrants have been refused to be certified for foreign nationals on thebasis of proportionality.
Given the estimated cost of £13,000 for processing an Arrest Warrant, savings in excess of £273,000 are likely to have been made to the taxpayer as a result of those refusals.

Since 21 July 2014 no Arrest Warrants have been discharged by the courts under charge and try provisions, as set out in section 156 of the Anti-Social Behaviour, Crime and Policing Act 2014 which inserts section 12A into the Extradition Act 2003. Given this provision is a decision for the courts and has only been in force for three months, we expect that the position will change as individual cases are appealed to higher courts.

Since 21 July 2014, 15 British nationals and 287 foreign nationals have been surrendered from the UK to other Member States under an Arrest Warrant. The offences for which British nationals have been surrendered are as follows:

3 x Fraud
2 x Drug trafficking
2 x Grievous Bodily Harm
1 x Murder/Manslaughter
1 x Rape
1 x Serious Sexual Assault
1 x Immigration & Human Trafficking
1 x Evasion of Duty - over £100,000
1 x Fraud - over £100,000
1 x Assault Occasioning Actual Bodily Harm
1 x Drugs Offences


Written Question
European Arrest Warrants
Thursday 13th November 2014

Asked by: Jacob Rees-Mogg (Conservative - North East Somerset)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many (a) British nationals and (b) other people have had their extradition from the UK under a European arrest warrant blocked under the provisions of section 12A of the Extradition Act 2003 since that section came into force.

Answered by James Brokenshire

More than 95% of people surrendered under an Arrest Warrant over the past five years have been foreign citizens. Since the reforms in section 21A of the Extradition Act 2003 came into force on 21 July 2014 no Arrest Warrants have been refused to be certified by the National Crime Agency for British nationals, and 21 Arrest Warrants have been refused to be certified for foreign nationals on thebasis of proportionality.
Given the estimated cost of £13,000 for processing an Arrest Warrant, savings in excess of £273,000 are likely to have been made to the taxpayer as a result of those refusals.

Since 21 July 2014 no Arrest Warrants have been discharged by the courts under charge and try provisions, as set out in section 156 of the Anti-Social Behaviour, Crime and Policing Act 2014 which inserts section 12A into the Extradition Act 2003. Given this provision is a decision for the courts and has only been in force for three months, we expect that the position will change as individual cases are appealed to higher courts.

Since 21 July 2014, 15 British nationals and 287 foreign nationals have been surrendered from the UK to other Member States under an Arrest Warrant. The offences for which British nationals have been surrendered are as follows:

3 x Fraud
2 x Drug trafficking
2 x Grievous Bodily Harm
1 x Murder/Manslaughter
1 x Rape
1 x Serious Sexual Assault
1 x Immigration & Human Trafficking
1 x Evasion of Duty - over £100,000
1 x Fraud - over £100,000
1 x Assault Occasioning Actual Bodily Harm
1 x Drugs Offences