Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many people are on immigration bail covered by the Merseyside Reporting Centre, Capital Building, Liverpool; and how many of those people are subject to immigration bail reporting conditions.
Answered by Chris Philp - Minister of State (Home Office)
Bail conditions are imposed where individual without valid leave to remain in the UK comes into contact with Immigration Enforcement and are not imminently removable, (for example, where a legal barrier or lack of travel document prevents their return) they are placed on reporting.
This is a form of contact management, whereby individuals are required to attend a Reporting Centre (managed by IE) or a police station on a regular basis (rural areas). UKVI, Asylum, Criminal Casework, Removal Casework and ICE all feed cases into the reporting population.
The frequency at which an offender reports is based on their removability, risk they pose to the public and vulnerability.
There are 14 Reporting Centres throughout the UK and over 100 police stations where individuals are required to report. These are serviced by c210 FTE.
When attending a reporting event, an individual may be interviewed to gather information that allows Immigration Enforcement to apply for a travel document, make a decision on an outstanding application or promote a voluntary return.
When an individual becomes removable they may be detained at a Reporting Centre or a Police station when they next report.
Significant changes have been made to bail conditions, and in particular to reporting requirements, in light of the evolution of the current pandemic. We do not routinely publish the information you have requested, however, based on recent data only a very small percentage of the reporting population are currently required to report in-person as a condition of bail at this time.
Initially, there was a temporary suspension on in-person reporting for those who would otherwise be required to report, which was applied from 17 March 2020. Following the introduction of large-scale testing and a reduction in the rates of transmission, and in light of the scientific advice as to the measures that could be implemented to enhance public safety, reporting centres then re-opened, initially through two pilot schemes commencing on 20 July 2020, and then through other centres. COVID-19 risk assessments and safe systems of working were introduced, together with other safety measures, including, where appropriate, an adjustment of the time slots for reporting.
Following the introduction of further national restrictions in November 2020 and January 2021, the Home Office’s approach was reviewed and revised again, as reflected in the latest COVID-19 interim guidance, “Reporting and offender management – interim guidance” (Version 3.0).
Currently only individuals within four priority cohorts are expected to report in-person at reporting centres, or in some locations Police stations, these groups are categorised as:
The position is kept under on-going review, having regard to public health considerations as well as the public interest in the maintenance of immigration control.
Asked by: Drew Hendry (Scottish National Party - Inverness, Nairn, Badenoch and Strathspey)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment her Department has made of the potential merits of allowing the use of remaining days on EEA Family Permits after the permit category ends on the 30 June 2021 where (a) there have been delays on the processing of the permit prior to that point and (b) the families have faced delays reuniting due to covid-19 restrictions.
Answered by Chris Philp - Minister of State (Home Office)
The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 provided for the temporary continuation of the EEA family permit to 30 June 2021, to allow the family members of EEA citizens with saved EU law rights to accompany them to, or join them in, the UK. After that date, family members will no longer be able to apply for, or use, an EEA family permit to travel to and enter the UK.
Family members wishing to join an EEA citizen who was resident in the UK by the end of the transition period can instead apply for an EU Settlement Scheme family permit, for which there is also no application fee.
Where, from 1 July 2021, an individual arrives at the border with an unexpired EEA family permit and has not applied to the EU Settlement Scheme, they will generally be granted immigration bail, to enable them to make an application here.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government what plans they have to change their practice of detaining and deporting EU citizens visiting family in the UK who do not possess the correct documentation.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Now freedom of movement has ended, EU Citizens can continue to visit the UK, without a visa, for short trips such as holidays, job interviews and to visit family.
Individuals without the necessary immigration permission for the activities that they intend to undertake in the UK, or where Border Force staff do not believe they meet the requirements for entry as a visitor, may be refused permission to enter at the border, which makes them liable for detention.
Due to COVID-19, the removal of an individual who has been refused may be delayed by a lack of flight availability or the need for an individual to provide a negative COVID test to meet the relevant EU Member State entry requirement.
The Home Office has issued a clarification to frontline officers to favour immigration bail where the imminent removal of an individual is impacted by the above.
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Home Office:
To ask Her Majesty's Government how many EU citizens were detained on entry to the UK in the first quarter of 2021 compared to the same period in 2020; and what guidance they issue to immigration staff on making decisions about detention on entry.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
While international travel is disrupted due to the pandemic, we have updated our guidance to clarify overseas nationals, including EU citizens, who have been refused entry to the UK and are awaiting removal should be granted immigration bail, where appropriate.
Overseas nationals seeking entry into the UK at this time must not only comply with the requirements of the Immigration Rules, but the prevailing Border Health Regulations set by the UK and Devolved Governments relating to the global pandemic. Failure to comply with the health regulations can also see entry refused.
Detention of a person may be appropriate in some cases, including to keep the public safe. Border Force treat all arrivals with respect and consider each passengers situation on an individual basis to check everyone entering the UK has the right to do so. Most people detained under immigration powers spend only very short periods in detention.
Home Office publish transparency data figures, can be accessed via published data in the link below: Immigration Enforcement data: February 2021 - GOV.UK (www.gov.uk)
The latest data on enforced returns (of which ‘deportations’ is a subset) are published in the returns summary tables(opens in a new tab). The data include the number of returns which occurred from detention. More detailed breakdowns, including nationality breakdowns, can be found in Ret_D01 of the Returns detailed dataset(opens in a new tab) .
The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:
Data on the number of people entering and leaving detention are published in the Detention summary tables(opens in a new tab). Data on reason for leaving detention (including those ‘Returned from the UK’) are published in table Det_04a of the ‘Detention summary tables(opens in a new tab)’. F
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of the increase in the number of EU citizens refused entry to the UK in the first quarter of 2021 compared to the same period in 2020.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
While international travel is disrupted due to the pandemic, we have updated our guidance to clarify overseas nationals, including EU citizens, who have been refused entry to the UK and are awaiting removal should be granted immigration bail, where appropriate.
Overseas nationals seeking entry into the UK at this time must not only comply with the requirements of the Immigration Rules, but the prevailing Border Health Regulations set by the UK and Devolved Governments relating to the global pandemic. Failure to comply with the health regulations can also see entry refused.
Detention of a person may be appropriate in some cases, including to keep the public safe. Border Force treat all arrivals with respect and consider each passengers situation on an individual basis to check everyone entering the UK has the right to do so. Most people detained under immigration powers spend only very short periods in detention.
Home Office publish transparency data figures, can be accessed via published data in the link below: Immigration Enforcement data: February 2021 - GOV.UK (www.gov.uk)
The latest data on enforced returns (of which ‘deportations’ is a subset) are published in the returns summary tables(opens in a new tab). The data include the number of returns which occurred from detention. More detailed breakdowns, including nationality breakdowns, can be found in Ret_D01 of the Returns detailed dataset(opens in a new tab) .
The Home Office seeks to return people who do not have any legal right to stay in the UK, which includes people who:
Data on the number of people entering and leaving detention are published in the Detention summary tables(opens in a new tab). Data on reason for leaving detention (including those ‘Returned from the UK’) are published in table Det_04a of the ‘Detention summary tables(opens in a new tab)’. F
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of reports that there has been a change in attitude among Border Force officers towards EU citizens arriving in the UK since 1 January.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
While international travel is disrupted due to the pandemic, we have updated our guidance to clarify overseas nationals, including EU citizens, who have been refused entry to the UK and are awaiting removal should be granted immigration bail, where appropriate.
It should be noted 95% of individuals with no leave to remain in the UK are managed within the community rather than detained.
Border Force treat all arrivals with respect and consider each passengers situation on an individual basis to check everyone entering the UK has the right to do so.
Those who are considering moving here for work or study should check the requirements for entry, including the Border Health Regulations relating to the global pandemic set by the UK and Devolved Governments. We have worked closely with EU partners to make sure people are aware of these new requirements, including a multi-million awareness campaign across the EU.
Asked by: Alan Campbell (Labour - Tynemouth)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps her Department has taken to reduce the use of immigration detention for women who have survived torture, rape or trafficking.
Answered by Chris Philp - Minister of State (Home Office)
The government remains committed to using detention only where necessary. Indeed, the vast majority (95%) of people liable to be removed from the UK are granted immigration bail and there continues to be a general downward trend in the use of detention since 2015.
The Home Office will always seek to facilitate voluntary return as an alternative to detention and enforced removal. Where the use of detention is considered necessary, we recognise that some people may be particularly vulnerable to harm. This is the basis of the Adults at Risk in Immigration Detention (AAR) policy, which strengthens the presumption against detention for vulnerable adults. The AAR policy enables officials to identify vulnerable individuals and consequently make balanced decisions about the appropriateness of their detention. Under the policy, women who have survived torture, rape or trafficking will be detained only when the evidence of vulnerability in their particular case is outweighed by the immigration considerations, including immigration compliance, criminality factors and expected date of removal.
Additional safeguards are also in place for those in detention displaying such vulnerabilities, including regular reviews of detention and reporting mechanisms to ensure that particularly vulnerable individuals are brought to the attention of those with direct responsibility for authorising, maintaining and reviewing detention. The recently amended decision-making process for potential victims of modern slavery also includes a Modern Slavery Needs Assessment to identify victims’ recovery needs and establish whether they can be met in detention.
All Home Office staff working in the detention system are also given training and support to identify and act upon indicators of vulnerability at the earliest opportunity.
Asked by: Claire Hanna (Social Democratic & Labour Party - Belfast South)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will take steps to investigate and review working practices where individuals are detained and processed for deportation despite having lodged a formal appeal of their recent immigration status decision.
Answered by Chris Philp - Minister of State (Home Office)
We make every effort to ensure that a foreign national offenders removal by deportation coincides, as far as possible, with their release from prison on completion of sentence. Those who have no right to remain in the UK and do not return home voluntarily should be in no doubt of our determination to remove them.
Regular reviews of detention will consider if it remains appropriate and will take account of whether an appeal is a barrier to removal, or it is non-suspensive. The lodging of a suspensive appeal, or other legal proceedings that need to be resolved before removal can proceed will not lead to automatic release in such circumstances: there may be other grounds justifying a person’s continued detention, for example a risk of absconding, risk of harm to the public or the person’s removal may still legitimately be considered imminent if the appeal or other proceedings are likely to be resolved reasonably quickly.
Foreign national offenders held in detention have the option to apply to an independent immigration judge for bail at any point.
Our New Plan for Immigration will make it easier to deport foreign criminals with no right to be in the UK and keep our citizens safe.
Asked by: Virginia Crosbie (Conservative - Ynys Môn)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many Danish workers have been turned back from the UK's borders since 1 January 2021; and what steps she is taking to enforce the work permit and cross border rules that apply to Danish citizens working in the UK, particularly those in the offshore and the wind farm sector.
Answered by Kevin Foster
EU Nationals who do not have status under the EUSS and are not eligible to apply for it, can enter the UK for up to six months as visitors, visa free. However, now freedom of movement has ended, those coming to work or study must prove they meet our entry requirements.
In addition to the immigration rules, any travel to the UK at this time must be in line with the Border Health Requirements relating to the global pandemic set by the UK Government and the three devolved administrations. We urge people to check these requirements carefully before travelling, as entry to the UK may also be denied by Border Force on the basis of failure to comply with these regulations.
Border Force treat all arrivals with respect and consider each passengers situation on an individual basis to check everyone entering the UK has the right to do so.
We have issued instructions to our officers to reinforce the principle; in all cases there exists a presumption in favour of bail.
The Home Office published data on how many people are detained or returned on gov.uk. the latest publication can be found at:
Asked by: Lord Roberts of Llandudno (Liberal Democrat - Life peer)
Question to the Home Office:
To ask Her Majesty's Government what assessment they have made of reports of EU citizens (1) being handcuffed at British airports, (2) made to sleep in parked vans, and (3) prevented from accessing medication, after being denied entry into the UK.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
EU citizens are our friends and neighbours and we want them to stay in the UK, which is why we launched our ground-breaking EU Settlement Scheme (EUSS), and for those who do not have status under the EUSS, they can enter the UK for up to six months as visitors, visa free.
Separate to the Immigration Rules any travel to the UK at this time is also subject to requirements relating to the global pandemic. Until 17 May, it was not generally permissible to travel the UK simply for a visit under health regulations set by the UK Government and the Devolved Administrations. Those claiming to be entering for work or study in relation to these regulations must prove they meet our entry requirements, including holding the correct immigration status, for the purpose stated for their journey in relation to the border health regulations.
Individuals, including EU Citizens, may be refused permission to enter the UK if they do not meet COVID19 related health or immigration requirements. COVID19 testing requirements set by EU and other nations, combined with a lack of flights, has meant some cannot be returned as quickly and easily as normal.
We will accept nothing but the highest standards from both Home Office staff and the companies employed to provide detention and escorting services on our behalf. Home office staff have a duty to act professionally and only use detention when it is proportionate, reasonable, and justified in the circumstances. We have issued instructions to staff to reinforce the principle, in all cases there exists a presumption in favour of bail.
In detention, the rights of all detained individuals are protected by the Detention Centre Rules 2001 (DCR), published Operating Standards for immigration removal centres (IRCs) and individuals under escort and Detention Services Orders (DSO).
Published guidance, and the training received by Border Force and Detainee Custody Officers makes it clear physical force and restraint equipment should only be used after a thorough assessment of risk, and in consideration of each individual’s personal circumstances. Where restraints are used, they are removed at the earliest opportunity.
The Home Office and our escorting provider regularly review procedures to reduce the amount of time detained individuals spend on board escorting vehicles. Officers are instructed to process individuals as quickly as practically possible, whilst ensuring they still have a full and proper induction and ultimately maintain the safety and security of all detained individuals and staff involved.
All IRCs have dedicated health facilities run by doctors and nurses which are managed by the NHS or appropriate providers. Detained individuals arriving at IRCs are medically assessed by a nurse within two hours of their arrival and offered an appointment with a doctor within 24 hours. Those carrying prescribed medication, have this medication checked and re-issued by healthcare teams at the earliest possible opportunity. Individuals continue have access to medical assistance, including medication, throughout their time in an IRC.