Asked by: Carol Monaghan (Scottish National Party - Glasgow North West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, for what reasons asylum seekers would be held at Dungavel House Immigration Removal Centre.
Answered by Simon Baynes
Migrants, including asylum claimants, may be detained for immigration purposes only in accordance with Home Office detention policy, as set out in the Detention General Instructions, and in accordance with the adults at risk in immigration detention policy. The detention decision must always be made on the basis of the individual’s particular circumstances and eligibility for detention. If at any time it is concluded that a particular detained individual’s ongoing detention would not be appropriate, the individual must be released, with bail conditions appropriate to their particular circumstances.
Most people detained under immigration powers spend only short periods in detention. In the year ending June 2022, data shows that the overwhelming majority of people (98%) who left detention were detained for less than 6 months, and 82% were detained for 28 days or less. 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.
Asked by: Earl of Sandwich (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government why they have set the period of detention before an individual may apply for bail from immigration detention as seven days.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Paragraph 3(3) of Schedule 10 to The Immigration Act 2016 sets out the limitation on the First-tier Tribunal to grant immigration bail:
A person who is being detained under paragraph 16(1) of Schedule 2 to the Immigration Act 1971 must not be granted immigration bail by the First-tier Tribunal until after the end of the period of 8 days beginning with the date of the person's arrival in the United Kingdom.
This limitation only applies to people detained under paragraph 16(1) of Schedule 2 pending examination and pending a decision to give or refuse leave to enter. It does not extend to those detained under paragraph 16(1A) of the Schedule, which is for the purpose of removal.
The published detention policy makes it clear that detention must only be used when necessary, and for the shortest possible period. There is a presumption in favour of liberty for any person, and during this time, Secretary of State bail can be granted where appropriate in the individual case. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate, and proportionate.
Asked by: Ellie Reeves (Labour - Lewisham West and Penge)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps the Government is taking to help ensure that conditions in (a) prisons, (b) police cells, (c) immigration detention and (d) escort vans are safe during the level 4 heat-health alert.
Answered by Simon Baynes
We have worked closely with the prison estate during this period of hot weather to ensure they are appropriately prepared. Heatwave guidance in line with the Heatwave Plan for England was issued to the whole prison estate on 15th June in anticipation of hot weather, and further advice issued on 15th July to all prison governors to support them with managing the situation at the local level. We remain in close contact.
As well as providing information on safety for the general prison population and for staff, the guidance covers support for vulnerable groups identified by the UK Health Security Agency as at greater risk in heatwaves. The guidance encourages joint working with NHS prison health services to identify and support people with vulnerabilities.
The vehicles providing Prisoner Escort and Custody Services (PECS) were introduced in 2020/21, and all have air conditioning. Court custody suites are routinely monitored with calibrated temperature monitoring equipment. HMCTS and PECS have an agreed process in place for the management of extreme temperatures and work closely together to ensure a safe operating environment. When appropriate measures can include the closure and the use of alternative courts.
The Home Office manage Immigration Detention Centres (IRCs). They have confirmed that, in line with the Detention Centre Rules 2001 and Short-Term Holding Facility Rules 2018, detained individuals are given the opportunity to spend at least one hour in the open air each day. As part of planning for the level 4 heat health alert all IRCs have adequate stocks of bottled water for residents. Summer clothing and sun cream are also provided on request.
As part of the planning for the level 4 heat health alert all police forces should have sufficient availability of food and water in custody suites and contingency plans in place for maintaining operational capability. In addition, local plans may include the effective use of bail or voluntary attendance to ensure that periods in police detention are kept to a minimum.
The Home Office publish guidance on Gov.uk (at https://www.gov.uk/government/publications/accommodation-lighting-heating-and-ventilation) regarding accommodation standards for those in detention, which includes minimum requirements for space and ventilation
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the Answer of 7 September 2020 to Question 82218 on Prisoners' Release: Wales, what was the accommodation status of people who had an origin address in Wales and left prison in (a) 2020 and (b) 2021.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
The latest available information is shown in the table below.
Offenders released in 2020 and the first quarter of 2021 by Accommodation on Release, where the offender had an original address in Wales.
| Jan - Dec 2020 | Jan - Mar 2021 |
Settled Accommodation | 1561 | 340 |
Other Housed | 511 | 115 |
Bail/Probation Accommodation | 325 | 68 |
Homeless, Not Rough Sleeping | 226 | 37 |
Rough Sleeping | 36 | 4 |
Unknown | 870 | 134 |
(1) A release is defined as a release from prison where the prisoner has finished serving the custodial term of their sentence(s) and excludes:
(2) Where an offender was released multiple times within the same period only the last such release was counted.
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the accommodation status of prison leavers was who had an origin address in Wales (a) 2020 (b) 2021.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The latest available information is shown in the table below.
Offenders released in 2020 and the first quarter of 2021 by Accommodation on Release, where the offender had an original address in Wales.
| Jan - Dec 2020 | Jan - Mar 2021 |
Settled Accommodation | 1561 | 340 |
Other Housed | 511 | 115 |
Bail/Probation Accommodation | 325 | 68 |
Homeless, Not Rough Sleeping | 226 | 37 |
Rough Sleeping | 36 | 4 |
Unknown | 870 | 134 |
(1) A release is defined as a release from prison where the prisoner has finished serving the custodial term of their sentence(s) and excludes:
(2) Where an offender was released multiple times within the same period only the last such release was counted.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, when the guidance on Reporting and Offender Management Version 4.0, published on 6 May 2022, was amended to include the current guidance on Accompanied Reporting.
Answered by Kevin Foster
The purpose of reporting is to ensure those without leave to remain in the UK and illegal entrants remain in close contact with the Home Office. A reporting requirement of bail is used to enable case progression, interviews, offers of voluntary departure and travel document applications to be conducted to support removal actions. A person on a reporting regime will be considered for a variety of methods to report including in person within a Centre or a combination of telephone reporting, digital bail or electronic monitoring.
There has been no change to the current guidance on accompanied reporting. It remains at the discretion of the ROM manager and all representations will be considered. This was present in v1 issued 2017 and has not been amended since:
Accompanied reporting
The reporting centre manager has discretion as to whether a person reporting may have someone accompany them, such as a legal representative, a support or charity organisation worker, or volunteer. Where the person reporting is vulnerable, or where they are reporting for the first time, are typical examples of when assistance is requested.
You should not consider accompanied reporting to be routine, but it can be permitted in exceptional cases where specific requests are made to the reporting centre manager. A person accompanying the reporting person must only be allowed into the waiting area, you must not permit them to intervene on the person’s behalf at the counter.
A change in the new guidance is new asylum applicants will not be required to report until a negative decision is made on their application, unless exceptional circumstances apply, for example the applicant is also a foreign national offender (FNO), a restricted access case or a TCU case, these will be decided on a case-by-case basis.
Asked by: Paul Blomfield (Labour - Sheffield Central)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the impact of not permitting volunteers to accompany refugees and asylum seekers when attending reporting centres except in exceptional cases on (a) immigration compliance and (b) wellbeing of those reporting.
Answered by Kevin Foster
The purpose of reporting is to ensure those without leave to remain in the UK and illegal entrants remain in close contact with the Home Office. A reporting requirement of bail is used to enable case progression, interviews, offers of voluntary departure and travel document applications to be conducted to support removal actions. A person on a reporting regime will be considered for a variety of methods to report including in person within a Centre or a combination of telephone reporting, digital bail or electronic monitoring.
There has been no change to the current guidance on accompanied reporting. It remains at the discretion of the ROM manager and all representations will be considered. This was present in v1 issued 2017 and has not been amended since:
Accompanied reporting
The reporting centre manager has discretion as to whether a person reporting may have someone accompany them, such as a legal representative, a support or charity organisation worker, or volunteer. Where the person reporting is vulnerable, or where they are reporting for the first time, are typical examples of when assistance is requested.
You should not consider accompanied reporting to be routine, but it can be permitted in exceptional cases where specific requests are made to the reporting centre manager. A person accompanying the reporting person must only be allowed into the waiting area, you must not permit them to intervene on the person’s behalf at the counter.
A change in the new guidance is new asylum applicants will not be required to report until a negative decision is made on their application, unless exceptional circumstances apply, for example the applicant is also a foreign national offender (FNO), a restricted access case or a TCU case, these will be decided on a case-by-case basis.
Asked by: Stephen Farry (Alliance - North Down)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department requires undocumented Ukrainians living in the UK to comply with immigration enforcement measures, including detention and the requirement to report at immigration centres.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
Ukrainians living in the UK will need to comply with all immigration rules and procedures, with those who remain undocumented or without status in the UK liable to be placed on immigration bail with appropriate conditions applied, depending on the circumstances of the individual case.
Asked by: Ellie Reeves (Labour - Lewisham West and Penge)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how long on average detainees have had to stay in prison after their sentence has been served whilst awaiting on an authority to detain notification (IS91) decision in each year since 2010.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government is committed to a fair and humane immigration policy that welcomes those here legally, but tackles abuse and protects the public.
We make every effort to ensure that a foreign national offender’s (FNO) removal by deportation coincides, as far as possible, with their release from prison on completion of sentence. Detention plays a crucial role in enabling the removal of FNOs and those who are here illegally.
Published Home Office policy, Detention General instructions (publishing.service.gov.uk), is clear that immigration detention must be used sparingly and for the shortest period necessary. Where the Home Office intends to detain a time-served FNO under immigration powers at the end of their custodial sentence, detention notices are served in advance of this date, subject to certain exceptions. A timely risk assessment is also carried, out in line with published guidance, which reviews the suitability of the FNOs transfer to the immigration removal estate.
Foreign national offenders held in detention have the option to apply to an independent immigration judge for bail at any point. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate and proportionate. We do not detain people indefinitely.
The Home Office publishes data on people in immigration detention in the ‘Immigration Statistics Quarterly Release’. The number of people in detention on the last day of each quarter are published in table Det_D02 of the Detention detailed datasets. The data include those detained under immigration powers in HM prisons from July 2017 and can be broken down by place of detention. The latest data relate to the number of people in detention at the end of September 2021.
Asked by: Ellie Reeves (Labour - Lewisham West and Penge)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how much compensation has been paid out to detainees across the prison estate for having to wait for a Home Office decision on an authority to detain notification (IS91) once they have already served their sentence in each year since 2010.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government is committed to a fair and humane immigration policy that welcomes those here legally, but tackles abuse and protects the public.
We make every effort to ensure that a foreign national offender’s (FNO) removal by deportation coincides, as far as possible, with their release from prison on completion of sentence. Detention plays a crucial role in enabling the removal of FNOs and those who are here illegally.
Published Home Office policy, Detention General instructions (publishing.service.gov.uk), is clear that immigration detention must be used sparingly and for the shortest period necessary. Where the Home Office intends to detain a time-served FNO under immigration powers at the end of their custodial sentence, detention notices are served in advance of this date, subject to certain exceptions. A timely risk assessment is also carried, out in line with published guidance, which reviews the suitability of the FNOs transfer to the immigration removal estate.
Foreign national offenders held in detention have the option to apply to an independent immigration judge for bail at any point. Once a person is in detention, regular reviews are undertaken to ensure that their detention remains lawful, appropriate and proportionate. We do not detain people indefinitely.
The Home Office publishes data on people in immigration detention in the ‘Immigration Statistics Quarterly Release’. The number of people in detention on the last day of each quarter are published in table Det_D02 of the Detention detailed datasets. The data include those detained under immigration powers in HM prisons from July 2017 and can be broken down by place of detention. The latest data relate to the number of people in detention at the end of September 2021.