Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the grounds for appeal were of each of the asylum seekers due to be removed to Rwanda on 14 June 2022.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
We are unable to comment on the specifics of individual cases however, some of the individuals referred to did issue judicial review claims and the grounds of these claims can be found in the published court judgments.
The court judgments can be found at the following links:
Divisional Court (19 December 2022): AAA v SSHD Rwanda judgment.pdf (judiciary.uk)
Court of Appeal (29 June 2023): AAA-v-SSHD summary (judiciary.uk)
Supreme Court (15 November 2023): R (on the application of AAA (Syria) and others) (Respondents/Cross Appellants) v Secretary of State for the Home Department (Appellant/Cross Respondent); (supremecourt.uk)
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what percentage of non-crime hate incidents recorded under the Additional Threshold Test against biological women have been reported by biological males under the gender reassignment protected characteristic as of 9 January 2023.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what the cost to the public purse has been to record and process non-crime hate incidents for each police force in England and Wales this Parliament.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many reports of non-crime hate incidents have led to (a) arrests, (b) charges and (c) prosecutions of biological females after a non-crime hate incident was recorded against them by a biological male that identifies as a trans woman under the gender reassignment protected characteristic in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what guidance his Department provides to police forces on the gender reassignment evidence required for people to be able to legitimately claim a non-crime hate incident due to the fact they have (a) undergone or (b) plan to undergo gender reassignment.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many reports of non-crime hate incidents have led to (a) arrests, (b) charges and (c) prosecutions for serious crimes related to the non-crime hate incident in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many non-crime hate incidents have been recorded under the Additional Threshold Test as of 9 January 2023.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many reports of non-crime hate incidents have been logged under the gender reassignment protected characteristic against women by biological males that identify as transgender woman in the last five years; and if he will make an estimate of how many of those women represent a threat to public safety.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether evidence of the protected characteristic of gender reassignment is required when a victim reports a related non-crime hate incident to the police in order for such an incident to be recorded against the alleged perpetrator.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.
Asked by: Rachel Maclean (Conservative - Redditch)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what proportion of the total number of non-crime hate incidents were biological males reporting crimes under the gender reassignment protected characteristic because they identify as trans women in the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Home Office’s Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data came into effect in June 2023 and applies to police forces across England and Wales. The code includes safeguards better to protect the fundamental right to freedom of expression and stipulates that police should only record NCHIs when it is necessary and proportionate to do so, and not simply because someone is offended. Incidents that are irrational, malicious, or trivial should not be recorded as NCHIs.
To address concerns about the recording of personal data, the code introduced an additional threshold to ensure that personal data may only be included in an NCHI record if the event is motivated by intentional hostility or prejudice and where the police judge that there is a real risk of escalation causing significant harm or a criminal offence.
The College of Policing publishes operational guidance for the police, known as ‘Authorised Professional Practice’ (APP), on how to deal with different types of crimes and incidents, including NCHIs. The College updated its APP so that it aligns with the Government’s code. The College is responsible for determining police training requirements, and has developed an e-briefing pack on NCHIs which is available to forces.
The code specifically covers characteristics that are protected under hate crime legislation in England and Wales – race, religion, sexual orientation, transgender identity and disability. It defines transgender identity or perceived transgender identity by setting out that “references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.” This aligns with the definition set out in section 66(6)(e) of the Sentencing Act 2020.
The Home Office does not collect data from forces on the number of NCHIs recorded by the police, nor do we collect data relating to the personal characteristics of those involved in incidents. We similarly do not collect information on police spending relating to the investigation of NCHIs. The data collected from the police balances policy needs and the burden on forces.