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Written Question
Legal Aid Scheme: Terrorism
Monday 9th September 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what legal aid is available to the families of victims of terrorist attacks.

Answered by Wendy Morton

In England and Wales, legal aid can be provided if the matter or issue in question is within scope of the legal aid scheme, as defined in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Legal aid is available for advice and assistance for all inquests, subject to a means and merits test. Legal aid funding for legal representation for a family, during an inquest hearing, is not in scope of LASPO. However, families are supported by coroners who can ask questions on their behalf to help them get the answers they need and we are developing a range of measures to improve this service further.

The Government recognises that for certain inquests, bereaved people may require representation; legal aid may therefore be available, through the Exceptional Case Funding scheme, if certain criteria are met:

(a) if a failure to provide such representation would breach, or likely risk a breach of, the government’s obligations under the European Convention of Human Rights, usually Article 2; or

(b) where the Director of Legal Aid Casework (DLAC) makes a determination that there is a ‘wider public interest’ in legal representation being granted.

All individual case funding decisions are taken by the Legal Aid Agency (LAA). It is important that these decisions are, and are seen to be, free from political and Government influence.


Written Question
Data Protection: Crime
Monday 9th September 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Department for Digital, Culture, Media & Sport:

To ask the Secretary of State for Digital, Culture, Media and Sport, if she will make an assessment of the potential merits of making breaches of an individual's data a criminal offence.

Answered by Nigel Adams

The Government takes both the protection of personal data and the right to privacy extremely seriously. Individuals and organisations responsible for some of the most serious data breaches are already liable to criminal prosecution under the Data Protection Act 2018. For example, people can be prosecuted if they unlawfully obtain, disclose or retain personal data; re-identify personal data that has been pseudonymised without lawful basis; or deliberately frustrate investigations by the Information Commissioner. Where criminal penalties are not available, the Commissioner can impose significant administrative penalties, including fines of up to 4% of global turnover or £18 million, whichever is higher.

The Government worked closely with the Information Commissioner throughout the passage of Data Protection Bill to strengthen and modernise our legislation. We will continue to work closely with the Information Commissioner’s Office (ICO) to ensure her enforcement powers remain fit for purpose to deal with increasingly complex investigations in our digital economy and society.


Written Question
State Retirement Pensions
Friday 19th July 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Department for Work and Pensions:

To ask the Secretary of State for Work and Pensions, how the increases in state pension for 2019-20 were calculated; and for what reasons pensioners reaching the age of 80 are awarded an increase of 25 pence in 2019-20.

Answered by Guy Opperman - Parliamentary Under-Secretary (Department for Transport)

As a result of the Triple Lock, from April 2019, the full yearly amount of the basic State Pension is around £675 higher than if it had just been up-rated by earnings since April 2010. That’s a rise of over £1,600 in cash terms.

The Government is committed to ensuring economic security for people at every stage of their life, including during retirement. We are forecast to spend over £120 billion on benefits for pensioners in 2019/20. This includes £99 billion of expenditure on the State Pension.

In 2019/20, the basic State Pension and the new State Pension (apart from Protected Payments) were both uprated by 2.6%. This was in line with the Triple Lock guarantee that these will rise by the highest of average earnings growth, price inflation, or 2.5%. In 2019/20 the highest measure was earnings growth at 2.6%. The full basic State Pension went up by £3.25 to £129.20 a week whilst the full rate of the new State Pension rose by £4.25 to £168.60 a week.

Protected Payments, Additional State Pension and Graduated Retirement Benefit elements are uprated each year by the increase in prices. They rose by 2.4% (CPI) in 2019/20.

The 25p age addition to contributory and non-contributory retirement pensions is paid with the State Pension when individuals reach age 80. It is a separate issue from the uprating process outlined above. When the age addition was first introduced in 1971 the value of the basic State Pension for a single person was £6 per week and the amount of 25p constituted a more substantial sum in relation to the total State Pension than it does nowadays in relation to the current basic State Pension of £129.20 a week.

Although there are no plans to uprate the age addition amount, this should be considered alongside the range of other measures and benefits, including Pension Credit, that are available to pensioners, over age 80. Moreover, people who are aged 80 and over receive a Winter Fuel Payment of £300, instead of the standard Winter Fuel Payment of £200 for pensioners below that age. Additionally, the non-contributory Category D State Pension is available to those aged over 80 with either no entitlement to a basic State Pension or who are entitled to State Pension of less than £77.45 per week who meet the residency conditions.


Written Question
Dungavel House Immigration Removal Centre
Tuesday 16th July 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 17 June 2019 to Question 263224 on Asylum: Detainees, what estimate he has made of the number of people detained at Dungavel immigration removal centre.

Answered by Caroline Nokes

Information on the number of people detained in Dungavel immigration removal centre (IRC) on the last day of each quarter is available in table dt_12_q of the detention tables in the latest release of ‘Immigration Statistics, year ending March 2019’.


Written Question
Dungavel House Immigration Removal Centre
Tuesday 16th July 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what information his Department holds on the former places of residence of detainees at Dungavel detention centre.

Answered by Caroline Nokes

The Home Office collects and maintains a range of personal information on immigration detainees on its caseworking databases, including former places of residence, if known. As was explained to the honourable member in response to her question of 10 June, the last known addresses of detainees are not included in the underlying datasets used to produce the Home Office’s published detention figures.


Written Question
Detention Centres: Children
Thursday 11th July 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what type of education provision is being provided for non-UK nationals who are children at (a) Dungavel and (b) other immigration removal centres.

Answered by Caroline Nokes

As stated in response to the honourable member’s question of 7 June 2019 [261289], the UK ended the routine detention of children in immigration removal centres in 2010, and enshrined this in law under the Immigration Act 2014. There remain limited circumstances where, very exceptionally, unaccompanied children may be detained in the absence of suitable alternatives.

A range of educational resources and other welfare services are provided to families with children in detention. The short time that families spend at the dedicated family accommodation near Gatwick means that formal education is not provided. The most recent Independent Monitoring Board report for the centre praised the learning equipment provided to children during their short stay.


Written Question
Asylum: Detainees
Monday 17th June 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many asylum seekers resident in Scotland are held in removal centres at (a) Dungavel and (b) other UK centres.

Answered by Caroline Nokes

The Home Office does not hold the information requested on individual detainees from Scotland or from Kirkcaldy and Cowdenbeath constituency in a reportable format. The last known addresses of detainees are not included in the underlying datasets used to produce the Home Office’s published detention figures and the information requested could only be supplied at disproportionate cost.

The median length of detention of people leaving the detention estate in Q1 2019 was between 8 and 14 days, and of people in the immigration detention estate as at 31 March 2019 between 15 and 28 days. Information on the length of detention of people leaving and in the detention estate is available in tables dt_06_q and dt_11_q of the detention tables in the latest releases of ‘Immigration Statistics, year ending March 2019’.

The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined this in law under the Immigration Act 2014. There remain limited circumstances where, very exceptionally, unaccompanied children may be detained in the absence of suitable alternatives.

The great majority of asylum claims are processed in the non-detained system, with claimants living in the community. Only a small minority of claimants are detained whilst their claim is considered. The current policy emphasises fairness and flexibility. There are no fixed timescales for scheduling an asylum interview and deciding an asylum claim in detention. Timescales are tailored to take account of the circumstances of each case.

The High Court and Court of Appeal have confirmed the lawfulness and fairness of the Detained Asylum Casework process. Asylum claims in detention are considered in accordance with published detention guidance, incorporating the policy on safeguarding adults at risk.
The average cost to detain an individual in immigration detention is provided on a per day basis. The current daily cost per detainee is £88.68, which cor-responds to an annual cost of £32,368 (£88.68 multiplied by 365 days). Data can be found at the link below: https://www.gov.uk/government/publications/immigration-enforcement-data-february-2019


Written Question
Asylum: Detainees
Monday 17th June 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, how many child asylum seekers resident in Scotland are currently being held at (a) Dungavel and (b) other UK removal centres.

Answered by Caroline Nokes

The Home Office does not hold the information requested on individual detainees from Scotland or from Kirkcaldy and Cowdenbeath constituency in a reportable format. The last known addresses of detainees are not included in the underlying datasets used to produce the Home Office’s published detention figures and the information requested could only be supplied at disproportionate cost.

The median length of detention of people leaving the detention estate in Q1 2019 was between 8 and 14 days, and of people in the immigration detention estate as at 31 March 2019 between 15 and 28 days. Information on the length of detention of people leaving and in the detention estate is available in tables dt_06_q and dt_11_q of the detention tables in the latest releases of ‘Immigration Statistics, year ending March 2019’.

The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined this in law under the Immigration Act 2014. There remain limited circumstances where, very exceptionally, unaccompanied children may be detained in the absence of suitable alternatives.

The great majority of asylum claims are processed in the non-detained system, with claimants living in the community. Only a small minority of claimants are detained whilst their claim is considered. The current policy emphasises fairness and flexibility. There are no fixed timescales for scheduling an asylum interview and deciding an asylum claim in detention. Timescales are tailored to take account of the circumstances of each case.

The High Court and Court of Appeal have confirmed the lawfulness and fairness of the Detained Asylum Casework process. Asylum claims in detention are considered in accordance with published detention guidance, incorporating the policy on safeguarding adults at risk.
The average cost to detain an individual in immigration detention is provided on a per day basis. The current daily cost per detainee is £88.68, which cor-responds to an annual cost of £32,368 (£88.68 multiplied by 365 days). Data can be found at the link below: https://www.gov.uk/government/publications/immigration-enforcement-data-february-2019


Written Question
Asylum: Detainees
Monday 17th June 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what the longest time an asylum seeker resident in Scotland has been held at (a) Dungavel and (b) another UK removal centre.

Answered by Caroline Nokes

The Home Office does not hold the information requested on individual detainees from Scotland or from Kirkcaldy and Cowdenbeath constituency in a reportable format. The last known addresses of detainees are not included in the underlying datasets used to produce the Home Office’s published detention figures and the information requested could only be supplied at disproportionate cost.

The median length of detention of people leaving the detention estate in Q1 2019 was between 8 and 14 days, and of people in the immigration detention estate as at 31 March 2019 between 15 and 28 days. Information on the length of detention of people leaving and in the detention estate is available in tables dt_06_q and dt_11_q of the detention tables in the latest releases of ‘Immigration Statistics, year ending March 2019’.

The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined this in law under the Immigration Act 2014. There remain limited circumstances where, very exceptionally, unaccompanied children may be detained in the absence of suitable alternatives.

The great majority of asylum claims are processed in the non-detained system, with claimants living in the community. Only a small minority of claimants are detained whilst their claim is considered. The current policy emphasises fairness and flexibility. There are no fixed timescales for scheduling an asylum interview and deciding an asylum claim in detention. Timescales are tailored to take account of the circumstances of each case.

The High Court and Court of Appeal have confirmed the lawfulness and fairness of the Detained Asylum Casework process. Asylum claims in detention are considered in accordance with published detention guidance, incorporating the policy on safeguarding adults at risk.
The average cost to detain an individual in immigration detention is provided on a per day basis. The current daily cost per detainee is £88.68, which cor-responds to an annual cost of £32,368 (£88.68 multiplied by 365 days). Data can be found at the link below: https://www.gov.uk/government/publications/immigration-enforcement-data-february-2019


Written Question
Asylum: Detainees
Monday 17th June 2019

Asked by: Lesley Laird (Labour - Kirkcaldy and Cowdenbeath)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what the longest time held is for an asylum seeker resident in Kirkcaldy and Cowdenbeath constituency at (a) Dungavel and (b) another UK removal centres.

Answered by Caroline Nokes

The Home Office does not hold the information requested on individual detainees from Scotland or from Kirkcaldy and Cowdenbeath constituency in a reportable format. The last known addresses of detainees are not included in the underlying datasets used to produce the Home Office’s published detention figures and the information requested could only be supplied at disproportionate cost.

The median length of detention of people leaving the detention estate in Q1 2019 was between 8 and 14 days, and of people in the immigration detention estate as at 31 March 2019 between 15 and 28 days. Information on the length of detention of people leaving and in the detention estate is available in tables dt_06_q and dt_11_q of the detention tables in the latest releases of ‘Immigration Statistics, year ending March 2019’.

The UK ended the routine detention of children in immigration removal centres in 2010 and enshrined this in law under the Immigration Act 2014. There remain limited circumstances where, very exceptionally, unaccompanied children may be detained in the absence of suitable alternatives.

The great majority of asylum claims are processed in the non-detained system, with claimants living in the community. Only a small minority of claimants are detained whilst their claim is considered. The current policy emphasises fairness and flexibility. There are no fixed timescales for scheduling an asylum interview and deciding an asylum claim in detention. Timescales are tailored to take account of the circumstances of each case.

The High Court and Court of Appeal have confirmed the lawfulness and fairness of the Detained Asylum Casework process. Asylum claims in detention are considered in accordance with published detention guidance, incorporating the policy on safeguarding adults at risk.
The average cost to detain an individual in immigration detention is provided on a per day basis. The current daily cost per detainee is £88.68, which cor-responds to an annual cost of £32,368 (£88.68 multiplied by 365 days). Data can be found at the link below: https://www.gov.uk/government/publications/immigration-enforcement-data-february-2019