Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether the property seized before, and during, the Extinction Rebellion demonstrations in London in October 2019 has been returned to its owners; and if not, what will happen to that property.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The treatment of property seized or confiscated during the course of Extinction Rebellion’s October demonstrations in London is an operational matter for the Metropolitan Police Service.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government how many arrests were made at the Extinction Rebellion demonstrations in London in October 2019, how many of those arrested were (1) held overnight; (2) subsequently charged; and (3) released after being given a caution; and of those charged, how many (a) have had the charges dropped, (b) have been cleared, (c) have been found guilty of an offence, and (d) still await a court hearing.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The information requested is not held centrally.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they have refunded all of the fees for applications for settled status received before 1 April.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
We have processed refunds for all those charged a fee for the EU settlement scheme prior to 1st April 2019. Where circumstances have changed with regards to the recipient’s payment details these are being investigated on a case by case basis.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government under what powers the police may confiscate camping equipment, food, solar panels, portable lavatories and litter bins, which are being stored in connection with planned demonstrations; and whether the police are required to keep a record of such items that are seized, and to store them in appropriate conditions.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Police have powers under the Police and Criminal Evidence Act 1984 and Common Law to seize and retain property that is believed to be evidence of an offence.
Once seized, the property may be retained for no longer than is necessary for use as evidence at a trial, for forensic examination or for investigation in connection with an offence or to establish the rightful owner of the property. To ensure the property is admissible as evidence, police need to keep an accurate record of its seizure and retention and safe keeping to establish the chain of evidence.
Owners may obtain independent legal advice if they wish to make a claim against police for damage to their property. Free advice can be sought from a Law Centre or Citizens Advice (CA). If a person wishes to claim property seized by the police, they may also apply to a magistrate’s court under the Police (Property) Act 1897 for its possession.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether there is any recourse for the owners of items that are damaged when the police remove them from the site of demonstrations; and whether the owners of such items can reclaim them from the police.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Police have powers under the Police and Criminal Evidence Act 1984 and Common Law to seize and retain property that is believed to be evidence of an offence.
Once seized, the property may be retained for no longer than is necessary for use as evidence at a trial, for forensic examination or for investigation in connection with an offence or to establish the rightful owner of the property. To ensure the property is admissible as evidence, police need to keep an accurate record of its seizure and retention and safe keeping to establish the chain of evidence.
Owners may obtain independent legal advice if they wish to make a claim against police for damage to their property. Free advice can be sought from a Law Centre or Citizens Advice (CA). If a person wishes to claim property seized by the police, they may also apply to a magistrate’s court under the Police (Property) Act 1897 for its possession.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to recent events relating to the Extinction Rebellion protests in London, what assessment they have made of the balance between the rights of freedom of expression, association and assembly under the Convention of Human Rights and the Human Rights Act 1998, and matters of public order and nuisance; in particular, what assessment they have made of the question of conspiracy offences and the protection of those rights; and what steps they intend to take in response to any such assessments.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The right to protest peacefully is a long-standing tradition in this country and a vital foundation of our democracy.
There is, of course, a balance to be struck. Protestors’ rights need to be balanced with the rights of others to go about their business. Rights to peaceful protest do not extend to unlawful activity and the police have powers to deal with any such acts.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what steps they are taking to protect the interests of children of European citizens who are resident in the UK in the event of Brexit taking place (1) with, and (2) without, a deal.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Government has been clear that we will protect the rights of EEA citizens resident in the UK before Brexit and their family members, regardless of whether we leave the European Union on 31 October with or without a deal. This includes the rights of EEA citizen children and of non-EEA national children of EEA citizens.
The EU Settlement Scheme will continue to operate as now for those resident here before Brexit and they will have until at least 31 December 2020 to apply for UK immigration status under the scheme. That status will enable them to continue to live in the UK and enjoy the same access to benefits and services as now.
Applications under the EU Settlement Scheme can be made by children, or by a parent or legal guardian applying on their behalf, and can be based on the child’s own residence in the UK or in line with that of a parent applying under the scheme. We are paying particular attention to how we communicate the EU Settlement Scheme to children and are undertaking research in partnership with the University of Liverpool to develop age-appropriate communications materials. We are also working with a range of children’s rights organisations to benefit from their insight and use their networks to ensure wide access to these materials.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what procedures they plan to have in place to apply to EU citizens who are resident in the UK at the end of 2020 who will have (1) applied for settled status but not been granted either that status or pre-settled-status, and (2) not made an application by that date.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
On 6 December 2018 the Government confirmed that the EU Settlement Scheme will continue to operate whether the UK leaves the European Union with or without a negotiated deal. This ensures that the rights of EEA and Swiss citizens resident in the UK before it leaves the EU will be protected in every outcome.
Those granted settled status under the scheme will retain that status for life, unless they allow their leave to lapse by being absent from the UK and the Islands (the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man) for a period of more than five years, or that status is revoked or cancelled, for example as a result of serious criminality.
The Home Office estimates that the total number of EEA and Swiss citizens (excluding Irish citizens) eligible to apply for the EU Settlement Scheme by the end of the planned implementation period on 31 December 2020 is likely to be between 3.5 million and 4.1 million.
As set out in the revised Impact Assessment for the scheme, the estimate is based on a number of assumptions as to how the size of the resident EEA population will change over the period, and on an initial estimate that 3.4 million EEA and Swiss citizens (excluding Irish citizens) were resident in the UK in the year October 2017 to September 2018. Therefore, the figure should be considered indicative as future migration flows can be affected by many factors and are difficult to predict. The revised Impact Assessment can be found at: http://www.legislation.gov.uk/ukia/2019/74/pdfs/ukia_20190074_en.pdf
We are working extensively with a range of stakeholders to ensure that all those who are eligible to apply do so by the deadline of 30 June 2021 for those resident in the UK by the end of the implementation period on 31 December 2020 (or, in a no deal scenario, by 31 December 2020 for those resident in the UK by exit). We have made clear that we will take a proportionate approach to anyone who misses the deadline and will make provision for those who have reasonable grounds for doing so to apply after the deadline. Those who apply before the deadline but whose application is not decided until after the deadline will have all their rights protected until their application is concluded.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what estimates they have made of the number of EU citizens who (1) are resident in the UK, (2) will have applied for settled status by the end of 2020, and (3) will still be living in the UK by the end of 2020 without having made an application for settled status.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
On 6 December 2018 the Government confirmed that the EU Settlement Scheme will continue to operate whether the UK leaves the European Union with or without a negotiated deal. This ensures that the rights of EEA and Swiss citizens resident in the UK before it leaves the EU will be protected in every outcome.
Those granted settled status under the scheme will retain that status for life, unless they allow their leave to lapse by being absent from the UK and the Islands (the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man) for a period of more than five years, or that status is revoked or cancelled, for example as a result of serious criminality.
The Home Office estimates that the total number of EEA and Swiss citizens (excluding Irish citizens) eligible to apply for the EU Settlement Scheme by the end of the planned implementation period on 31 December 2020 is likely to be between 3.5 million and 4.1 million.
As set out in the revised Impact Assessment for the scheme, the estimate is based on a number of assumptions as to how the size of the resident EEA population will change over the period, and on an initial estimate that 3.4 million EEA and Swiss citizens (excluding Irish citizens) were resident in the UK in the year October 2017 to September 2018. Therefore, the figure should be considered indicative as future migration flows can be affected by many factors and are difficult to predict. The revised Impact Assessment can be found at: http://www.legislation.gov.uk/ukia/2019/74/pdfs/ukia_20190074_en.pdf
We are working extensively with a range of stakeholders to ensure that all those who are eligible to apply do so by the deadline of 30 June 2021 for those resident in the UK by the end of the implementation period on 31 December 2020 (or, in a no deal scenario, by 31 December 2020 for those resident in the UK by exit). We have made clear that we will take a proportionate approach to anyone who misses the deadline and will make provision for those who have reasonable grounds for doing so to apply after the deadline. Those who apply before the deadline but whose application is not decided until after the deadline will have all their rights protected until their application is concluded.
Asked by: Lord Greaves (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government whether they are giving a guarantee to EU citizens who are resident in the UK that the proposals for settled status and pre-settled status will apply whether or not there is a negotiated deal for the UK leaving the EU; and whether they are guaranteeing that settled status will last for life once granted.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
On 6 December 2018 the Government confirmed that the EU Settlement Scheme will continue to operate whether the UK leaves the European Union with or without a negotiated deal. This ensures that the rights of EEA and Swiss citizens resident in the UK before it leaves the EU will be protected in every outcome.
Those granted settled status under the scheme will retain that status for life, unless they allow their leave to lapse by being absent from the UK and the Islands (the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man) for a period of more than five years, or that status is revoked or cancelled, for example as a result of serious criminality.
The Home Office estimates that the total number of EEA and Swiss citizens (excluding Irish citizens) eligible to apply for the EU Settlement Scheme by the end of the planned implementation period on 31 December 2020 is likely to be between 3.5 million and 4.1 million.
As set out in the revised Impact Assessment for the scheme, the estimate is based on a number of assumptions as to how the size of the resident EEA population will change over the period, and on an initial estimate that 3.4 million EEA and Swiss citizens (excluding Irish citizens) were resident in the UK in the year October 2017 to September 2018. Therefore, the figure should be considered indicative as future migration flows can be affected by many factors and are difficult to predict. The revised Impact Assessment can be found at: http://www.legislation.gov.uk/ukia/2019/74/pdfs/ukia_20190074_en.pdf
We are working extensively with a range of stakeholders to ensure that all those who are eligible to apply do so by the deadline of 30 June 2021 for those resident in the UK by the end of the implementation period on 31 December 2020 (or, in a no deal scenario, by 31 December 2020 for those resident in the UK by exit). We have made clear that we will take a proportionate approach to anyone who misses the deadline and will make provision for those who have reasonable grounds for doing so to apply after the deadline. Those who apply before the deadline but whose application is not decided until after the deadline will have all their rights protected until their application is concluded.