UK Terrorism Threat Level
Priti Patel Excerpts(4 years, 1 month ago)
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The Secretary of State for the Home Department (Priti Patel)
On Tuesday, the Joint Terrorism Analysis Centre, JTAC, raised the UK terrorism threat level from substantial to severe. This means that an attack is highly likely.
JTAC’s assessments are made independently of Ministers and are based on the latest intelligence. The threat level is kept under constant review.
JTAC’s decision to change the threat level has been driven by a number of factors, including the recent attacks in France and Vienna.
Our police and security services work tirelessly to protect the UK from terrorism and will continue to do so. The public should remain vigilant and should report any concerns to the police.
[HCWS553]
Independent Reviewer of Terrorism Legislation Report on Operation in 2018 of Terrorism Acts
Priti Patel Excerpts(4 years, 2 months ago)
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The Secretary of State for the Home Department (Priti Patel)
In accordance with section 36 of the Terrorism Act 2006, Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, has prepared a report on the operation in 2018 of the Terrorism Acts, which was laid before the House on 19 March 2020.
I am grateful to Mr Hall for his report and have carefully considered the recommendations and observations included within. I am today laying before the House the Government’s response to the report (CP 310). Copies will be available in the Vote Office and it will also be published on gov.uk.
[HCWS534]
Modern Slavery: Annual Report
Priti Patel Excerpts(4 years, 2 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Today, I am publishing the 2020 UK annual report on modem slavery. The report covers the whole of the UK and has been drafted in collaboration with the Northern Ireland Executive, the Scottish Government and the Welsh Government. This report sets out an assessment of the scale of modern slavery in the UK and outlines the actions that have been taken to combat it over the last year.
A copy of the report will be available on www.gov.uk and placed in the Libraries of both Houses.
[HCWS521]
Terrorism Prevention and Investigation Measures
Priti Patel Excerpts(4 years, 2 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Section 19(1) of the Terrorism Prevention and Investigation Measures Act 2011 (the Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of her TPIM powers under the Act during that period. The level of information provided will always be subject to slight variations based on operational advice. The TPIM review group (TRG) keeps every TPIM notice under regular and formal review. Third quarter TRG meetings took place on 8, 23 and 25 September 2020. TPIM notices in force (as of 31 August 2020) 5 Number of new TPIM notices served (during this period) 0 TPIM notices in respect of British citizens (as of 31 August 2020) 5 TPIM notices extended (during the reporting period) 0 TPIM notices revoked (during the reporting period) 0 TPIM notices revived (during the reporting period) 0 Variations made to measures specified in TPIM notices (during the reporting period) 0 Applications to vary measures specified in TPIM notices refused (during the reporting period) 0 The number of subjects relocated under TPIM legislation (during the reporting period) 3
The TPIM Review Group (TRG) keeps every TPIM notice under regular and formal review. Third quarter TRG meetings took place on 8, 23 and 25 September 2020.
[HCWS497]
Independent Inquiry into Child Sexual Abuse Report on Anglican Church
Priti Patel Excerpts(4 years, 2 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Today the Independent Inquiry into Child Sexual Abuse has published its latest report, which can be found at: www.iicsa.org.uk.
This report relates to its investigation into institutional failures to protect children from sexual abuse within the Anglican Church. I pay tribute to the strength and courage of the victims and survivors who have shared their experiences to ensure the inquiry can deliver its vital work.
The Government will review this report and consider how to respond to its content in due course.
I would like to thank Professor Jay and her panel for their continued work to uncover the truth, expose what went wrong in the past and to learn the lessons for the future.
[HCWS489]
Windrush Lessons Learned Review Response
Priti Patel Excerpts(4 years, 2 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Today we are publishing the Home Office’s comprehensive improvement plan, in response to the Windrush lessons learned review. We have worked closely with community leaders and the cross-government Windrush working group to get this important work right, and I am pleased to have the backing of co-chair Bishop Derek Webley on the steps we are taking. I am also grateful to independent reviewer Wendy Williams for the help she has given in shaping our approach.
The Windrush lessons learned review, published in March, exposed unacceptable failings in the Home Office over many years and an “institutional ignorance and thoughtlessness towards the issue of race and the history of the Windrush generation”. I have already accepted Wendy Williams’s important findings and repeated my heartfelt apology for the suffering that members of the Windrush generation endured.
The comprehensive improvement plan sets out the action we are taking to put this right and to ensure the mistakes of the past can never be repeated.
It details the work taking place across the Department under the five themes I previously laid out.
Righting the wrongs and learning from the past
We are determined to ensure the Windrush generation have the full help and support they deserve. More than £2.5 million has now been offered through the Windrush compensation scheme and over 13,300 documents have been provided to over 11,500 individuals confirming their status or British citizenship. We are doing more to reach those affected and encourage them to come forward, via a new national communications campaign.
Every member of Home Office staff will also undertake mandatory training on the history of migration and race in the UK so that they better understand the impact of departmental decisions, including when developing and applying immigration policy.
An inclusive workforce
We have relaunched our race action plan to help improve the diversity of staff in senior roles and ensure the Home Office reflects the diverse communities it serves. The permanent secretary has commissioned an overhaul of how performance is managed to better support black, Asian and minority ethnic colleagues. To provide robust challenge to our plans to make the Home Office more diverse, external experts will also be invited to join the refreshed strategic advisory board we have established.
Openness to scrutiny
I have directed my officials to engage with community leaders, civil society and the public throughout the policy-making process to understand real-life impacts. It is crucial that the Department is receptive to outside challenge, so I am creating a new community and stakeholder engagement hub at the centre of the Home Office. This will draw on best practice to build knowledge and skills across the Department.
We recognise the particular circumstances of those who travel to this country to work and live and so we are consulting with the cross-government Windrush working group to recommend how best to engage with migrant communities directly and facilitate their feedback into our policy development and operational activity.
In addition, we are overhauling the Department’s risk management framework to ensure all staff have the knowledge and responsibility to act upon risks that are identified.
Inclusive and robust policy making
We are improving how we assess the effect of our policies on people from different backgrounds, including by carrying out more training for staff on how to do this well. We have worked with the Equality and Human Rights Commission on its investigation into how the Department fulfilled its public sector equality duty on policies affecting the Windrush generation. Following the publication of its report, we will work with it to ensure this important duty is fully considered in all our work.
We are also putting in place a set of policy tests to ensure the key findings from the Windrush lessons learned review are applied as new policy is developed.
A more compassionate approach—people not cases
This theme is the crux of the cultural change the permanent secretary and I want to see. The Home Office must embrace the human impact of its work and empower staff throughout the Department to do the same. To support this, I have launched a new mandatory “Face Behind the Case” training course for all UK visa and immigration staff, with plans to expand this to other areas. A young people’s board is being established to gain crucial insight from those who have recently experienced the immigration system. We are also making rapid progress on the new vision for the Home Office, consulting staff on the core values we all want to embody.
I have already committed to a full review and evaluation of the compliant environment. While it is right that the Department acts against those who are in the UK illegally, we continue to look closely at how innocent people were wrongly caught up in policies designed to target law breakers. The system must be strong, but it also must be just, so if problems are found, I will fix them.
The comprehensive improvement plan will help transform the Home Office and deliver the lasting and meaningful change the Windrush generation deserve. We will monitor our progress and welcome Wendy Williams’s return in September 2021 where I am confident she will see the start of a genuine culture shift.
More detail is available in the comprehensive improvement plan, which has been laid before Parliament (CP 293), available at:
https://www.gov.uk/government/publications/windrush-lessons-learned-review-responsecomprehensive-improvement-plan.
Copies are also available from the Vote Office.
[HCWS480]
Oral Answers to Questions
Priti Patel Excerpts(4 years, 2 months ago)
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Sir Roger Gale (North Thanet) (Con)
The Secretary of State for the Home Department (Priti Patel)
The whole House expresses their condolences following the murder on Friday of Sergeant Matt Ratana.
The UK Government are working with law enforcement and intelligence networks to address the issue of illegal migration and the cross-channel trafficking of migrants. Our work continues, and we are arresting and prosecuting those responsible for the illegal trafficking of people.
Sir Roger Gale [V]
May I, from the Back Benches, associate myself and, I am sure, all colleagues with the condolences expressed in relation to the death of Matt Ratana?
All the children, women and men who seek to cross the channel are the victims of criminal activity. Further to her answer, can my right hon. Friend tell the House how many perpetrators of these vile crimes, in either France or the United Kingdom, have been arrested and sentenced? Can she also tell us what discussions she has had with her German counterparts to seek to prevent the provision of the outboard motors and inflatable dinghies used in these crossings that I understand emanate from Germany?
Priti Patel
My right hon. Friend raises important points about the illegal trafficking of people via small boats. We have arrested 179 individuals, resulting in 24 convictions relating to people smuggling this year. There have been a further 296 disruptions of organised criminal gangs and individuals who are responsible for the organisation of immigration crime, 124 of which related to people smuggling. We also have 176 live investigations into illegal maritime activity.
My right hon. Friend also mentions Germany. It is not just Germany. Discussions are taking place with counterparts in not just Germany but France, Belgium and the Netherlands. The issue of boats also relates to criminal upstream activity. When it comes to convictions, we are of course working with the courts, the Crown Prosecution Service and our intelligence networks to ensure that more work is taking place to pursue those who are responsible.
Joanna Cherry (Edinburgh South West) (SNP)
May I extend the condolences of the Scottish National party to the family, friends and colleagues of Sergeant Matt Ratana and mark our horror at this terrible crime and our acknowledgement of the debt we all owe to police officers across these islands?
On 4 November last year, when the Home Secretary was still a member of the Select Committee on Foreign Affairs, the Committee found that
“A policy that focuses exclusively on closing borders will drive migrants to take more dangerous routes, and push them into the hands of criminal groups.”
Does she still agree with that statement, and, if so, does she recognise that safe legal routes for people with a connection with the United Kingdom must be part of the answer to the problem we face in these channel crossings?
Priti Patel
I fundamentally agree that we need safe legal routes, and that is part of the work that the Home Office is currently looking at and working on. The fact of the matter is that too many individuals are coming to the United Kingdom and, it is fair to say, to other EU countries, because over recent years we have seen the mass movement of people. People are being exploited and that exploitation is fundamentally wrong. We owe it to everyone, including those individuals who are being trafficked, those who are vulnerable and those who are being exploited, to ensure that there are safe legal routes, but at the same time we have to go after criminals—the perpetrators of illegal migration and exploitation—and it is right that we do. We want to ensure that our asylum system is not abused by those who, quite frankly, are not genuine asylum seekers.
Mick Whitley (Birkenhead) (Lab)
Dr Ben Spencer (Runnymede and Weybridge) (Con)
The Secretary of State for the Home Department (Priti Patel)
Throughout the pandemic, our police officers have been on the streets every single day working tirelessly to stop the spread of coronavirus. I am in contact, virtually every day now, with the National Police Chiefs Council and policing leaders to ensure that we have the right plans and the right approach to make sure that the police play their role in stopping the spread of the virus and maintaining public order.
Dr Spencer
During the lockdown in Runnymede and Weybridge, we saw a huge community response and support to get through some of its real challenges. Unfortunately, though, a small minority have been making life miserable for people through antisocial behaviour. I have already heard that, with the new measures coming in, this is starting up again. Will my right hon. Friend confirm the importance of tackling antisocial behaviour and assure me that the police have the support and resources necessary to do so?
Priti Patel
My hon. Friend is absolutely right to point out the full impacts of antisocial behaviour previously that are manifesting again. That is why police leaders are working with local authority partners to address many of these issues. He is right to point out that we must back the police to have the tools, the powers and the support they need. We will back them all the way to make sure that we deal with issues such as antisocial behaviour.
Huw Merriman (Bexhill and Battle) (Con)
Richard Burgon (Leeds East) (Lab)
The Secretary of State for the Home Department (Priti Patel)
Last Friday, we saw the senseless murder of police sergeant Matt Ratana while he was on duty in Croydon. His tragic death in the line of duty is a reminder to us all of the risk that our brave officers take each and every day to keep us all safe. I know the House will join me in paying tribute to his courage and service, and also in sending our sincere and heartfelt condolences to his family, friends and colleagues.
A murder investigation is now under way, and I remain in regular contact with the Commissioner of the Metropolitan police. The entire policing family are grieving, and they have my full support. I will continue to do everything in my power to protect them, including spearheading work to double sentences for attacks on emergency workers, and legislating to introduce a police covenant to enshrine in law support for our officers and their families.
Richard Burgon [V]
The PCS union has raised fears that Serco could be handed contracts to carry out the very sensitive interviews of people who are seeking refuge here in our country. Serco’s disastrous handling of much of our test and trace system shows once again why such giant outsourcing companies should not be running key public services. Does the Home Secretary accept that we must protect vulnerable people who are seeking asylum, and that that means not handing sensitive asylum interviews over to Serco, or other private contractors, to make money from?
Priti Patel
As the hon. Gentleman has already heard throughout oral questions, the fact of the matter is that we are totally committed, and rightly so, to protecting the way in which those who seek asylum are treated in our system. He has already heard about strains and pressures, and it is right that we undertake all interviews in the right and proper phased way. That is exactly what we are doing, in a responsible manner.
David Simmonds (Ruislip, Northwood and Pinner) (Con)
Priti Patel
My hon. Friend is right about the greater need for safe and legal routes, but it is right that as a Government we pursue those individuals who are facilitating criminality. Hon. Members have already heard the figures for arrests and numbers of convictions, and we will continue with that. We are working right now to look at new, safe and legal routes for the protection of those who need our help.
Nick Thomas-Symonds (Torfaen) (Lab)
I know that I speak for the whole House in saying how devastated we all were to hear of the death of Sergeant Matt Ratana on Friday. The tributes we have heard have been heartfelt and deeply moving, and our deepest condolences are with his friends, family and fellow officers, and indeed the wider community in Croydon. His death gave National Police Memorial Day yesterday particular poignancy.
The level of violence against police officers is worrying and it is rising. As John Apter, national chair of the Police Federation of England and Wales, said at the weekend,
“we are seeing more firearms out on the streets and we are doing a lot to try to combat it… More and more are being seized.”
What additional steps are being taken to deal with that increase in the possession of firearms and keep our officers safe?
Priti Patel
I associate myself with the hon. Gentleman’s comments following the appalling death of Sergeant Matt Ratana. I spoke yesterday to the chair of the Police Federation, John Apter, on a number of issues. First and foremost, I restated this Government’s commitment and determination to address assaults on emergency workers. Like many others, he was right to point out—we know this when it comes to policing—the risks that our officers face every day, which also relates to the number of firearms in circulation.
The Government are working to address the issue of firearms entering our country, and we are working with our national intelligence agencies and services, as well as the National Crime Agency. A great deal of work is taking place on firearms that have been imported to our country—not just weapons, but component parts—as well as on ways that criminals who are facilitating firearms, and the harm that they cause, can be intercepted and tackled. We are developing greater legislation to look at more police powers, and at ways that they themselves could do more work to tackle serious violence and high levels of harm, including with firearms.
Nick Thomas-Symonds
I, too, praise the work of the National Crime Agency, and we will of course carefully consider any legislation that comes forward. However, as I am sure the Home Secretary appreciates, help is needed now. The work of our police has become harder and harder as numbers have fallen, and violent crime has risen in every part of our country. I have written to the Home Secretary pointing out that the violent crime taskforce has not met for more than a year. It has not been replaced by a similar, specialist body, which leaves a vital strategic element of addressing violence missing. Will the Home Secretary commit to working on a cross-party basis to convene a replacement strategic taskforce that can address violent crime and the issues that drive it?
Priti Patel
As the hon. Gentleman will know, issues of serious violent crime are addressed at the National Policing Board. We are looking at those issues and working on them day in, day out. The Government are not just committed to that; we are spending and investing the money. We have the serious violence reduction taskforce, and right now, funding is going directly to policing, and money has been materialised and operationalised on the streets of our country. We are tackling serious and violent crime, and leadership is also coming from the National Policing Board.
Fiona Bruce (Congleton) (Con)
Priti Patel
I welcome the hon. Lady’s question and also the report that she is referring to. We have seen the report and I will absolutely commit to a meeting with her and her colleagues. It is quite clear that we as a Government and we as individuals are committed to tackling the harm and exploitation that is associated with prostitution. Of course our priority is to protect those who are exploited and to protect vulnerable people, and there are certainly some very practical ways in which we can do that.
Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
I join the tributes to Sergeant Matt Ratana. No one should ever underestimate the bravery of police officers and the risks they take to keep us all safe.
Last week, the Select Committee heard evidence from the counter-extremism commissioner and the national counter-terror chief on the way in which extremists have exploited the covid crisis, and they called for new, co-ordinated action against extremism to be set up through a taskforce led by the Home Secretary. That is something that was first recommended over a year ago. Does the Home Secretary agree that we need this co-ordinated action as part of the vital work to protect our national security, and if so, why has the taskforce not yet been set up? Why has it not yet met?
Priti Patel
I met Sara Khan last week and had a very constructive discussion with her about ways of working—not just the work of the taskforce but the entire field of counter-extremism, the work that is associated, and the lessons to be learned from the past. Obviously we are using the expertise of the Committee itself to look at learnings and how we can address the threat spectrum across the board. We have many experienced practitioners in this field and I am working with Sara Khan and others to develop learnings and look at the approach that we are going to take.
James Sunderland (Bracknell) (Con)
Priti Patel
My hon. Friend is absolutely right, and I pay tribute to Thames Valley police. It is an exceptional and outstanding police force, and I know his community is served well by it. He has heard my remarks on the police covenant, and it is absolutely right that we do much more to protect our frontline officers and their family members and provide the welfare support that they all need as well. I absolutely concur with all Members of the House in recognising that Friday’s murder highlights why we need to put that into law.
Vicky Foxcroft (Lewisham, Deptford) (Lab) [V]
Priti Patel
I ask the hon. Member to contact me directly with the background and history of this particular case, and I will look into it.
Andrew Griffith (Arundel and South Downs) (Con)
Priti Patel
My hon. Friend is absolutely right, and I pay tribute to his police force in particular and his police chief for the outstanding work they do. I know that rural crime was mentioned earlier, but when it comes to tackling nuisance driving and, frankly, the wrong kind of driving—speeding and all those types of issues, including on mopeds and scooters—we need to ensure that people can go about their daily lives. We are already providing more funding for more police activity through police uplift, and the police have powers under the Road Traffic Act 1988 and the Police Reform Act 2002 to seize vehicles that are being driven illegally.
Rushanara Ali (Bethnal Green and Bow) (Lab)
Priti Patel
I thank the hon. Lady for her question. She has highlighted the gross severity of what is taking place, not just with economic crime, but with how our financial systems are associated with the facilitation of dirty money. Of course, we as a country do not want to be associated with that, and much more needs to happen. The FinCEN example was a very strong indication as to where there have been gaps in the system, and extensive work is taking place right now. I would be more than happy for her to discuss with officials more of the work being undertaken in this area, because there are far too many sources of illegal economic finance and perpetrators of economic crime. There is no doubt that, through our international financial system, we can all do a lot more.
Tim Loughton (East Worthing and Shoreham) (Con)
Priti Patel
I thank my hon. Friend for his question. He is right to point out a number of key facts. Assaults on police officers are thoroughly unacceptable, and I am afraid that this weekend alone we saw a range of assaults on officers serving in the Metropolitan police when they were policing protests. Those were ugly and unacceptable scenes, and there is simply no excuse for assaults. The other point to make is that we are in a national emergency—we are still in a health pandemic—and the police are working valiantly to attempt to stop the spread of the virus. The public are acting brilliantly by being conscientious, undertaking the measures and safeguarding in the right kind of way. It is right that we all play our own role, but to turn our fire on the police is completely wrong. It is inappropriate at every level, and the public, not just when it comes to protest but in their conduct in respect of coronavirus, must be conscientious and respect the police in every way.
Several hon. Members rose—
Manchester Arena Inquiry Terms of Reference: Amendment
Priti Patel Excerpts(4 years, 3 months ago)
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The Secretary of State for the Home Department (Priti Patel)
On 22 October 2019 I announced an independent public inquiry to investigate the deaths of the victims of the 2017 Manchester Arena terror attack, and the terms of reference for that inquiry.
I have now received a request from the inquiry’s chair, Sir John Saunders, to make a small addition to the terms of reference. The additional text was not explicitly included in the original terms of reference due to the risk of prejudicing a future trial. That trial has now completed and therefore I have agreed that it is in the public interest that the terms of reference should more fully reflect the scope of the inquiry’s investigations.
Therefore the following text will be added to section 1 (ii): “whether Prevent referrals should have been made in respect of Salman Abedi and/or any of his family members”.
The updated terms of reference can be found on the inquiry’s website at www.manchesterarenainquiry.org.uk.
I would like to thank Sir John Saunders for his continued work, and I pay tribute to the strength and courage of all those who will be sharing their experiences to ensure the inquiry can deliver its vital work.
[HCWS455]
Police Covenant for England and Wales
Priti Patel Excerpts(4 years, 3 months ago)
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The Secretary of State for the Home Department (Priti Patel)
Our outstanding police deserve the upmost respect, support and recognition. Brave officers put their lives on the line every day to keep us safe, demonstrating remarkable courage, sacrifice and public duty.
They face extraordinary pressure as they protect the people they tirelessly serve from terrorists, serious violence and exploitation. Their families too often fear for their safety or are left to pick up the pieces when something goes wrong.
From day one, this Government have put our world-class police first and prioritised their wellbeing. That is why we have committed to introducing a police covenant in England and Wales to recognise the exceptional job our frontline officers do in unique and challenging circumstances.
We are determined to give our police the enhanced support they need, so I have accelerated work on this pledge to protect both them and their loved ones. Our commitment to ensuring our police have the recognition they deserve is absolute, so this covenant will be enshrined in law. This will leave no room for doubt, creating a statutory duty to do more to support our police.
Police officers and staff are uniquely placed to tell me what they need, so I am today publishing the report on the consultation on what the police covenant should look like. This sets out our recommendations for the implementation of the covenant.
The Government response is available on www.gov.uk. A copy of the consultation will also be placed in the Libraries of both Houses. I would urge anyone connected with policing to read the response and consider how they might support the covenant.
Our outstanding police embody public service and do not hesitate to run towards danger to keep us safe. Nothing is more important than ensuring they have the support, protection and recognition that they need to do their extraordinary job. The implementation of the covenant is the first step in delivering on our promise to recognise that.
I thank Members for their continued engagement on this important issue.
[HCWS438]
Hong Kong: British National (Overseas) Visa and Suspension of Extradition Treaty
Priti Patel Excerpts(4 years, 5 months ago)
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The Secretary of State for the Home Department (Priti Patel)
The decision of the Chinese Government to impose its national security legislation on Hong Kong is a matter of deep regret to this Government. This legislation and its strict implementation constitutes a clear breach of the 1984 Sino-British joint declaration, undermining the “one country, two systems” framework. It cannot be ignored.
I set out here the Government’s plans for a new Hong Kong British national (overseas) (BN(O)) visa and for the suspension of our extradition treaty with Hong Kong.
Hong Kong BN(O) Visa
Before the handover of the UK’s responsibilities for Hong Kong, we created the British national (overseas) (BN(O)) nationality status, which was opened to people in Hong Kong, through a registration process, to those who had British dependent territories citizenship. This status recognised the special and enduring ties the UK has with those people as a result of our role in Hong Kong before 1997. Now that China through its actions has changed the circumstances that BN(O) citizens find themselves in, it is right that we should change the entitlements that are attached to BN(O) status. I have decided to significantly improve those entitlements, to reassure BN(O) citizens that they have options to live in the UK if they decide that is an appropriate choice for them.
Today I am laying before the House a Command Paper (CP 280) providing further detail on a new bespoke Hong Kong BN(O) visa, covering eligibility, conditions and entitlements, the application process, timing, the position for BN(O) citizens in the UK, and arrangements for BN(O) citizens arriving at the border.
BN(O) citizens in Hong Kong are in a unique position, which is why I have designed a policy that is specific to them in the wider immigration system. It will not set a precedent. It is a proportionate response to the situation that has arisen. The UK is entitled to decide on the rights attaching to BN(O) status, which it has previously conferred, and that is what I am doing with these changes.
My offer to BN(O) citizens is therefore a very generous one. There will be no skills tests or minimum income requirements, economic needs tests or caps on numbers. I am giving BN(O) citizens the opportunity to acquire full British citizenship. They do not need to have a job before coming to the UK—they can look for work once here. They may bring their immediate dependants, including non-BN(O) citizens.
At the same time, it is not an unconditional offer. BN(O) citizens will need to support themselves independently while living in the UK; they must meet strict criminality checks and stay of good character; they will need to pay visa fees, the immigration health surcharge and, if they subsequently apply for citizenship after they become settled, the fee and meet the criteria. These are reasonable things to ask of BN(O) citizens, and BN(O) citizens will need to ask themselves whether coming to the UK to put down roots here is the right choice for them. It is a choice I am making available and I welcome warmly all those who decide to take it.
We are planning to open the Hong Kong BN(O) visa for applications from January 2021. BN(O) citizens do not need to hold a BN(O) passport in order to apply for the visa—so there is no need to apply for or renew a BN(O) passport specifically for this purpose. All BN(O) citizens will need a visa to be able to settle in the UK.
We understand there will be cases where the children of BN(O) citizens will not normally be eligible because they were born after 1997 (so are not BN(O) citizens) and are over 18 so they would not normally be considered as a dependant in the UK’s immigration system. Therefore, in compelling and compassionate circumstances, and where applications are made as a family unit, we will use discretion to grant a visa to the children of BN(O) citizens who fall into this category and who are still dependent on the BN(O) citizen.
If the above does not apply then the existing youth mobility scheme is open to people in Hong Kong aged between 18 and 30, with 1,000 places currently available each year. Individuals from Hong Kong will also be able to apply to come to the UK under the terms of the UK’s new points-based system, which will enable individuals to come to the UK in a wider range of professions and at a lower general salary threshold than in the past.
The Home Office looks forward to receiving applications for this visa.
Extradition
The imposition of new national security legislation has significantly changed the assumptions underpinning the 1998 agreement for the surrender of fugitive offenders, our extradition treaty with Hong Kong. The Government remain especially concerned about articles 55 to 59 of the law, which could give mainland authorities the ability to assume jurisdiction over certain cases and try those cases in Chinese courts.
The national security law provides no legal or judicial safeguards in such cases. The decision can be made by the mainland authorities with no reference to the Hong Kong Government. Other than access to a lawyer, there are no legal or judicial safeguards in such cases and mainland systems of investigation, trial and punishment, about which the international community has long standing concerns, would apply. If China applies that legislation extraterritorially, it will pose a risk not only to Hong Kong residents who travel abroad, but potentially to British and other nationals travelling into Hong Kong.
The Hong Kong Department of Justice has therefore been notified of our intention to suspend the extradition treaty, immediately and indefinitely, until the UK is sufficiently assured that the new National Security Agency established by China in Hong Kong will not be able to initiate extradition requests to the UK, that extradition requests will not be sent in relation to newly created offences under the national security law; and that people extradited from the UK could never be transferred from Hong Kong to mainland China without the UK’s explicit consent.
The suspension will protect those resident in the UK, including those who may soon be here by virtue of the new immigration route, from unwarranted pursuit through the provisions of the extradition treaty.
[HCWS421]