Asked by: Tony Lloyd (Labour - Rochdale)
Question to the Foreign, Commonwealth & Development Office:
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what discussions he has had with the International Seabed Authority on whether it would issue exploitation licences for deep-sea mining projects prior to the establishment of sufficient evidence about the potential impact on deep-sea ecosystems.
Answered by Anne-Marie Trevelyan - Minister of State (Foreign, Commonwealth and Development Office)
The UK is fully engaged in the ongoing negotiations at the International Seabed Authority (ISA) Council and Assembly in Kingston, Jamaica, to agree deep sea mining exploitation regulations.
The UK's policy is not to sponsor or support the issuing of any exploitation licences for deep sea mining projects unless and until there is sufficient scientific evidence about the potential impact on deep sea ecosystems and strong enforceable environmental Regulations, Standards and Guidelines have been developed by the ISA and are in place. The UK's approach is both precautionary and conditional.
Asked by: Rob Roberts (Independent - Delyn)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, what the average amount of state pension paid to individuals who live outside the UK is; and if he will provide a breakdown of the average state pension payment in each country in which recipients reside.
Answered by Laura Trott - Chief Secretary to the Treasury
In November 2020, the average (mean) amount of State Pension paid to individuals who live outside the UK was £70.61 per week.
Table 1. Average Amount of State Pension paid to individuals who live outside the UK, November 2020
Residency | Mean Weekly State Pension Amount |
Outside United Kingdom | £ 70.61 |
Source: Stat-Xplore - Home (dwp.gov.uk)
Below is a table of the average (mean) amount of State Pension paid to individuals who live outside the UK, broken down by country of residence, in November 2020.
Table 2. Average Amount of State Pension by Country of Residence, November 2020
Country of Residence | Mean Weekly State Pension Amount |
Abroad - Not known | £ 112.62 |
Albania | £ 110.57 |
Alderney | £ 126.99 |
Algeria | £ 62.41 |
Andorra | £ 94.96 |
Anguilla | £ 64.93 |
Antigua | £ 74.02 |
Argentina | £ 65.18 |
Aruba | £ 60.29 |
Ascension Island | £ 91.68 |
Australia | £ 50.09 |
Austria | £ 49.24 |
Azerbaijan | £ 166.77 |
Bahamas | £ 66.64 |
Bahrain | £ 97.27 |
Bangladesh | £ 39.49 |
Barbados | £ 116.97 |
Belarus | £ 111.17 |
Belgium | £ 63.62 |
Belize | £ 85.01 |
Bermuda | £ 81.36 |
Bolivia | £ 106.19 |
Bosnia and Herzegovina | £ 73.12 |
Botswana | £ 75.98 |
Brazil | £ 81.20 |
Brunei | £ 121.78 |
Bulgaria | £ 122.47 |
Burkina Faso | £ 54.09 |
Cambodia | £ 119.76 |
Cameroon | £ 58.81 |
Canada | £ 46.34 |
Cape Verde | £ 52.18 |
Cayman Islands | £ 89.42 |
Chile | £ 72.13 |
China | £ 96.39 |
Colombia | £ 89.09 |
Cook Islands | £ 57.92 |
Costa Rica | £ 81.75 |
Cyprus | £ 122.54 |
Denmark | £ 58.40 |
Dom Commonwealth (Dominica) | £ 77.73 |
Dominican Republic | £ 107.52 |
Dutch Caribbean | £ 67.76 |
Ecuador | £ 85.95 |
Egypt | £ 78.64 |
El Salvador | £ 80.36 |
Equatorial Guinea | £ 142.11 |
Ethiopia | £ 88.34 |
Falkland Islands and Dependencies | £ 85.64 |
Faroe Islands | £ 33.01 |
Fiji | £ 73.66 |
Finland | £ 58.89 |
France | £ 113.52 |
French Overseas Departments | £ 84.34 |
French Polynesia | £ 55.84 |
Gambia | £ 91.46 |
Germany | £ 46.48 |
Ghana | £ 56.69 |
Gibraltar | £ 100.77 |
Greece | £ 109.44 |
Greenland | £ 23.21 |
Grenada | £ 77.33 |
Guam | £ 83.49 |
Guatemala | £ 77.73 |
Guernsey | £ 84.86 |
Guyana | £ 60.60 |
Honduras | £ 79.02 |
Hong Kong | £ 85.42 |
Hungary | £ 102.32 |
Iceland | £ 71.68 |
India | £ 50.10 |
Indonesia | £ 106.53 |
Iran | £ 70.85 |
Iraq | £ 64.11 |
Ireland | £ 66.41 |
Isle of Man | £ 127.85 |
Israel | £ 101.27 |
Italy | £ 56.79 |
Jamaica | £ 116.05 |
Japan | £ 46.97 |
Jersey | £ 70.02 |
Jordan | £ 67.90 |
Kazakhstan | £ 124.13 |
Kenya | £ 79.34 |
Kuwait | £ 103.54 |
Kyrgyzstan | £ 76.07 |
Laos | £ 100.66 |
Lebanon | £ 88.20 |
Lesotho | £ 59.64 |
Liechtenstein | £ 28.62 |
Luxembourg | £ 83.34 |
Macau | £ 77.52 |
Madagascar | £ 62.23 |
Malawi | £ 71.90 |
Malaysia | £ 77.87 |
Malta | £ 104.22 |
Mauritius | £ 108.25 |
Mexico | £ 74.98 |
Moldova | £ 124.94 |
Monaco | £ 111.96 |
Montserrat | £ 65.67 |
Morocco | £ 75.51 |
Mozambique | £ 74.56 |
Myanmar | £ 84.84 |
Namibia | £ 70.17 |
Nepal | £ 63.99 |
Netherlands | £ 55.81 |
Nevis, St Kitts-Nevis | £ 75.56 |
New Caledonia | £ 79.61 |
New Zealand | £ 46.44 |
Nicaragua | £ 79.72 |
Nigeria | £ 27.65 |
Norfolk Island | £ 55.18 |
North Macedonia | £ 24.20 |
Norway | £ 58.24 |
Oman | £ 89.53 |
Pakistan | £ 48.74 |
Panama | £ 96.96 |
Papua New Guinea | £ 75.49 |
Paraguay | £ 68.41 |
Peru | £ 88.02 |
Philippines | £ 138.86 |
Poland | £ 59.39 |
Portugal | £ 119.47 |
Puerto Rico | £ 77.32 |
Qatar | £ 113.55 |
Republic of Croatia | £ 62.10 |
Republic of Estonia | £ 78.98 |
Republic of Georgia | £ 129.54 |
Republic of Latvia | £ 68.34 |
Republic of Lithuania | £ 42.71 |
Republic of Slovenia | £ 60.38 |
Romania | £ 99.40 |
Russia | £ 85.51 |
Saint Helena & Dependencies | £ 89.27 |
San Marino | £ 29.33 |
Sark | £ 117.68 |
Saudi Arabia | £ 86.88 |
Senegal | £ 74.13 |
Serbia | £ 123.58 |
Seychelles | £ 79.10 |
Sierra Leone | £ 52.66 |
Singapore | £ 89.20 |
Solomon Islands | £ 79.08 |
Somalia | £ 44.20 |
South Africa | £ 56.52 |
South Korea | £ 41.69 |
Spain | £ 120.61 |
Sri Lanka | £ 59.98 |
St Lucia | £ 76.63 |
St Vincent & Grenadines | £ 80.10 |
State Union of Serbia and Montenegro | £ 53.44 |
Sudan | £ 71.27 |
Suriname | £ 151.95 |
Swaziland | £ 79.26 |
Sweden | £ 57.52 |
Switzerland | £ 51.98 |
Syria | £ 63.61 |
Tahiti | £ 77.00 |
Taiwan | £ 105.85 |
Tanzania | £ 87.61 |
Thailand | £ 119.10 |
The Czech Republic | £ 92.30 |
The Slovak Republic | £ 49.82 |
Togo | £ 50.10 |
Tonga | £ 73.36 |
Tours (Individuals on Tour) | £ 133.34 |
Trinidad & Tobago | £ 55.37 |
Tunisia | £ 88.16 |
Turkey | £ 132.24 |
Turks and Caicos Islands | £ 118.32 |
Uganda | £ 88.33 |
Ukraine | £ 115.86 |
United Arab Emirates | £ 107.46 |
United States | £ 74.19 |
United States Minor Outlying Islands | £ 75.89 |
Uruguay | £ 77.74 |
Vanuatu | £ 85.86 |
Venezuela | £ 67.62 |
Vietnam | £ 125.09 |
Virgin Islands (British) | £ 91.77 |
Virgin Islands (USA) | £ 72.74 |
Western Samoa | £ 34.12 |
Yemen | £ 42.90 |
Zambia | £ 75.67 |
Zimbabwe | £ 48.98 |
Source: Stat-Xplore - Home (dwp.gov.uk)
Asked by: Preet Kaur Gill (Labour (Co-op) - Birmingham, Edgbaston)
Question to the Department of Health and Social Care:
To ask the Secretary of State for Health and Social Care, how many surplus vaccine doses were shared with poorer countries in 2022; and if he will provide a breakdown of that provision by country.
Answered by Maria Caulfield - Parliamentary Under Secretary of State (Department for Business and Trade) (Minister for Women)
As of April 2023, we have donated more than 85 million vaccines to over 40 countries in need and offered over 100 million.
The following less-developed countries have requested and received donated doses either bilaterally or via COVAX to date:
- Afghanistan;
- Angola;
- Bangladesh;
- Cambodia;
- Chad;
- the Democratic Republic of Congo;
- Djibouti;
- Ethiopia;
- Laos;
- Malawi;
- Myanmar;
- Nepal;
- Niger;
- Rwanda;
- Senegal;
- Somalia;
- Sudan;
- Tanzania;
- Uganda;
- Yemen; and
- Zambia.
The following countries also requested and received donations:
- Antiqua and Barbuda;
- Armenia;
- Belize;
- Cote D’Ivoire;
- Dominica;
- Egypt;
- Ghana;
- Grenada;
- Guyana;
- Indonesia;
- Jamaica;
- Kenya;
- Mauritius;
- Malaysia;
- Namibia;
- Nigeria;
- Pakistan;
- the Philippines;
- Saint Vincent and the Grenadines;
- St Lucia;
- Thailand;
- Ukraine; and
- Vietnam.
We are unable to provide a breakdown by year or country as this information is commercially sensitive.
Asked by: Wendy Chamberlain (Liberal Democrat - North East Fife)
Question to the Department for Work and Pensions:
To ask the Secretary of State for Work and Pensions, how many UK pensioners living overseas had their pensions suspended in (a) 2019, (b) 2020, (c) 2021 due to (i) non-return and (ii) late return of life certificates, broken down by country of residence.
Answered by Laura Trott - Chief Secretary to the Treasury
DWP holds data relating to the late and non-return of a Life Certificate for the 2019 period, which resulted in the temporary suspension of a customer’s State Pension payments. In 2019, 26,206 claims were temporarily suspended, which is broken down by country as shown in the following table: -
Country | Number of State Pension claims temporarily suspended in 2019 due to the late or non-return of a completed Life Certificate |
| |
India | 1,280 |
Uganda | 65 |
Iceland | 11 |
Costa Rica | 24 |
Ukraine | 21 |
Gambia | 37 |
Jamaica | 2,269 |
Nigeria | 1,265 |
Venezuela | 39 |
Sierra Leone | 35 |
Dominican Republic | 30 |
Ecuador | 52 |
Greece | 539 |
Bulgaria | 256 |
Poland | 116 |
Netherlands | 624 |
Hong Kong | 124 |
Fiji | 4 |
Anguilla | 9 |
Jordan | 13 |
Montserrat | 14 |
Malawi | 4 |
Canada | 15,798 |
Cook Islands | 0 |
Norfolk Islands | 3 |
Papua New Guinea | 11 |
Western Samoa | 2 |
Ascension Island | 1 |
Lesotho | 8 |
Dominica | 277 |
South Korea | 52 |
Oman | 55 |
Lebanon | 35 |
Romania | 69 |
Peru | 33 |
Serbia | 63 |
Namibia | 26 |
Libya | 3 |
Tonga | 4 |
Cape Verde Islands | 5 |
Belarus | 2 |
Bangladesh | 473 |
Mauritius | 125 |
Azerbaijan | 4 |
Kazakhstan | 2 |
Vietnam | 74 |
Virgin Islands (British) | 25 |
Estonia | 10 |
Taiwan | 19 |
Panama | 36 |
Uruguay | 19 |
Kuwait | 28 |
Liechtenstein | 6 |
Antilles (Netherlands) | 11 |
St Kitts & Nevis | 76 |
Switzerland | 1,529 |
Brazil | 164 |
Vanuatu | 11 |
Bolivia | 30 |
Cambodia | 37 |
Nepal | 26 |
Brunei | 9 |
Bosnia Herzegovina | 7 |
Ethiopia | 14 |
Iran | 14 |
Hungary | 127 |
Swaziland | 29 |
Russia | 23 |
As a result of the outbreak of COVID in 2020, DWP suspended the Life Certificate exercise in March 2020, to ensure that our customers were not negatively impacted by any postal service issues which could have resulted in their State Pension payments being temporarily suspended. Therefore, DWP does not hold any data for this period.
DWP reintroduced the Life Certificate exercise in November 2021. Therefore, DWP does not hold any data for 2021, as any potential suspensions would be applied after 16 weeks of issue of the Life Certificate, which would mean that the suspension occurred in 2022.
The Management Information used has been taken from the same operational source data systems as our published administrative data. However, as this Management Information is not a recognised National or Official Statistic, it has not been subjected to the same level of Quality Assurance. As a result, these figures should be treated with caution.
Asked by: Lord Bishop of Southwark (Bishops - Bishops)
Question to the Department for Work and Pensions:
To ask His Majesty's Government whether they plan to annually uprate the UK basic state pension to qualifying individuals on the same basis regardless of the state or territory in which they are currently resident; and what reciprocal agreements they have made, if any, with other countries in respect of pension uprating.
Answered by Viscount Younger of Leckie - Parliamentary Under-Secretary (Department for Work and Pensions)
UK State Pensions are payable worldwide and up-rated overseas where there is a legal requirement to do so – for example where there is a reciprocal agreement in place that allows for up-rating. The policy on up-rating is longstanding and has been supported by successive Governments for over 70 years. The Government has no plans to change this policy.
The UK has reciprocal social security agreements, which provide State Pension up-rating, with the following authorities:
The UK also has agreements in place with the European Economic Area and Switzerland which provide for State Pension up-rating.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether any category of foreign national prisoners has access to (1) legal aid, or (2) any other public funding.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have been released under the (1) Early Removal Scheme (ERS), and (2) Tariff-Expired Removal Scheme (TERS).
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have escaped custody in each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what was the cost of housing foreign national prisoners for each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign nationals are currently held in prisons in England and Wales.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.