Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the Written Statement of 8 March 2021, Government response to Consultation: Strengthening Police Powers to Tackle Unauthorised Encampments, HCWS826, what criteria the courts will be required to apply to determine whether the (a) damage, (b) disruption and (c) distress which a person (i) has or (ii) is deemed likely to cause is significant; and what assessment her Department has made of whether it will be feasible to provide sufficient clarity in such criteria to allow for the practical application of that proposed legislation.
Answered by Kit Malthouse
The Government will issue guidance relating to the exercise of the functions of police officers and constables in respect of trespassers on land. It will be for the courts to determine on a case by case basis when damage, disruption and distress is deemed to be significant.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 25 February 2021 to Question 156232 on hate crime, subjectivity and equality before the law, whether the people conducting the review of hate crime legislation will have regard to the content of John Stuart Mill's essay On Liberty; what the principles underlying that review are; and if she will make a statement.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
The Law Commission is conducting the hate crime review. The terms of reference for the review ask it to review the adequacy and parity of protection offered by the law relating to hate crime and to make recommendations for its reform.
This includes:
• Reviewing the current range of specific offences and aggravating factors in sentencing, and making recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred of protected groups or characteristics.
• Reviewing the existing range of protected characteristics, identifying gaps in the scope of the protection currently offered and making recommendations to promote a consistent approach.
Full details can be found at:
https://www.lawcom.gov.uk/project/hate-crime/
In the consultation that it issued in relation to this review, the Law Commission noted John Stewart Mill’s essay in relation to discussing the principles of free expression.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent discussions she has had with Cabinet colleagues on the potential merits of (a) updating the law on treason and (b) bringing forward legislative proposals to ensure that British citizens who travel to conflict zones in order to support groups which promote terrorist attacks on the UK will thereby make themselves liable for substantial terms of imprisonment on return to the UK.
Answered by Kevin Foster
Treason offences are being considered as part of the Home Office’s ongoing wider review of legislation that also includes countering hostile activity by states. This work has not reached any conclusions yet.
Individuals can be convicted in UK courts of offences committed overseas (including preparation of terrorism, encouragement of terrorism and membership of a proscribed organisation). Where individuals do return to the UK after engaging in conflict overseas, they will be investigated and, where there is evidence crimes have been committed, they should expect to face prosecution.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the definition of hate crime as any criminal offence which is perceived by the victim or any other person to be motivated by hostility or prejudice towards someone based on a personal characteristic is compatible with the principles of the (a) objective application of justice, (b) equal treatment under the law and (c) presumption of innocence unless proved guilty; what (i) internal and (ii) cross-departmental assessments have recently been carried out of the operation of (A) legislation and (B) guidelines defining crimes in terms of people’s perceptions; and if she will make a statement.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
The police and Crown Prosecution Service define and record hate crime as “any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender.”
Part of the purpose of this definition is to encourage victims of hate crime to come forward to report, reflecting the recommendations from the Stephen Lawrence Inquiry. It is the responsibility of the police to investigate allegations of criminal activity and decide whether or not a specific incident should be treated as a hate crime.
In 2018 the Government asked the Law Commission to undertake a full review of the coverage and approach of current hate crime legislation. That review is due to conclude this year.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 3 June 2020 to Question 53989 on Hong Kong former naval and military personnel and other former servants of the Crown, that the situation was being kept under review, what conclusions have been drawn about the eligibility of the estimated 250-300 veterans and their families, who were not previously selected for resettlement, to (a) apply for British passports and (b) relocate to the UK; and if she will make a statement.
Answered by Kevin Foster
Under the British Nationality Selection Scheme, introduced in 1990 and run until 1 July 1997, a limited number of Hong Kong Military Service Corps personnel who were settled in Hong Kong could apply to register as British citizens.
We are giving careful consideration to representations made on behalf of those former Hong Kong Military Service Corps personnel who did not obtain citizenship through the selection scheme.
Hong Kong Military Service Corps personnel who hold British National (Overseas) citizenship or are a relevant family member of someone who holds this status, may be eligible for the Hong Kong British National (Overseas) visa which was launched on 31 January 2021.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what restrictions are in place on the public display of (a) flags and (b) other symbols of terrorist organisations proscribed in the UK; what steps she is taking to (i) collate data on and (ii) report to Parliament on the numbers of people (A) arrested and (B) prosecuted for the public display of those items; what recent assessment her Department has made of the effectiveness of proscribing terrorist organisations in the UK; and if she will make a statement.
Answered by Kit Malthouse
The Government takes proscription offences seriously. It is an offence under section 13 of the Terrorism Act 2000 to carry or display articles supporting a proscribed organisation, or to publish an image of an item of clothing or other article, such as a flag or logo, in the same circumstances.
Data relating to these section 13 offences are grouped with other proscription offences (sections 11 and 12 of the Act) in the publication ‘Operation of Police Powers under the Terrorism Act 2000’. The most recent publication, up to year ending March 2020, was published on 11 June on GOV.UK: https://www.gov.uk/government/statistics/operation-of-police-powers-under-the-terrorism-act-2000-financial-year-ending-march-2020.
Proscription sends a strong message that terrorist organisations are not tolerated in the UK and deters them from operating here. It is one of the key tools available to the Government, police and Security Service to disrupt terrorist activity. Between 2001 and the end of March 2020, 83 people have been charged with proscription-related offences as a primary offence in Great Britain, and 45 have been convicted.
Proscription can also support other disruptive activity including the use of immigration powers such as exclusion, prosecution for other offences, encouraging removal of on-line material, and messaging and EU asset freezes.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the oral statement of 2 June 2020 by Secretary of State for Foreign and Commonwealth Affairs, Official Report, column 682 on Hong Kong National Security Legislation: UK Response, and his response at column 691 that the Home Office is considering representations on behalf of former Hong Kong Military Service Corps personnel who were not awarded UK passports between 1990 and 1997, if she will take steps with the Foreign Office to ensure that those estimated remaining 250 to 300 military and naval veterans and their families are now permitted to apply for UK passports.
Answered by Kevin Foster
As the Secretary of State for Foreign Affairs said on Tuesday 2 June 2020, as a Government and as a country we are extremely grateful to those who served in the Hong Kong Military Service Corps.
This situation is being kept under review in light of recent events in Hong Kong.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the oral statement of 2 June 2020 by the Secretary of State for Foreign Affairs, Official Report, column 682 on Hong Kong National Security Legislation: UK Response, and his response at column 691 that the Home Office is considering representations on behalf of former Hong Kong Military Service Corps personnel who were not awarded UK passports between 1990 and 1997, if she will make it her policy that the estimated remaining 250 to 300 military and naval veterans and their families will now be permitted to apply for UK passports.
Answered by Kevin Foster
As the Secretary of State for Foreign Affairs said on Tuesday 2 June 2020, as a Government and as a country we are extremely grateful to those who served in the Hong Kong Military Service Corps. This situation is being kept under review in light of recent events.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what (a) instructions and (b) procedures respectively have been (i) issued to UK Border Force vessels, and (ii) agreed between the UK Border Force and the French authorities, for the safe handover of overloaded inflatables containing illegal immigrants by French escorting vessels to British vessels once they enter UK territorial waters; and whether any representations have been made to the French Government that such journeys should be impeded while still within French territorial waters.
Answered by Chris Philp - Minister of State (Home Office)
Border Force vessels covering the South East Channel are usually tasked to identified migrant events by the Coastguard, with the priority being search and rescue and the safety of life. BF work closely with the Coastguard and French Authorities to ensure we provide an effective response to migrant events at sea. Migrants undertaking these dangerous journey’s in unsuitable and overloaded small boats are putting the lives of themselves and others at considerable risk and the priority at sea for all assets deployed is safety.
At sea, under international law, the preservation of life is paramount. In some cases, French boats will remain with migrants if they refuse rescue. But we are clear no-one should be crossing at all and we are developing plans to re-form policies and laws to help to stop these crossings completely.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 14 January 2019 to Question 205783, what discussions his Department has had with the Metropolitan Police Service the (a) advantages and (b) disadvantages of police estimates being made of crowd numbers at large demonstrations; and what explanation has been given for discontinuing that practice.
Answered by Nick Hurd
The Home Office routinely discusses matters relating to demonstrations with the Metropolitan Police Service.
The management of demonstrations and whether to collect information on the number of individuals that attend demonstrations is an operational matter for the police.