Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many foreign nationals held in the prison estate have previously been deported.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The information requested is not available from published statistics.
Our Nationality and Borders Act became law in April 2022. A factsheet can be viewed here: Nationality and Borders Bill: factsheet - GOV.UK (www.gov.uk).
The same act also amended legislation which means a foreign offender who returns to the United Kingdom in breach of a deportation order can be sentenced to five years’ imprisonment. Anyone who enters the UK without leave, or without a visa, also faces a maximum penalty of four years.
Asked by: Lord Scriven (Liberal Democrat - Life peer)
Question to the Home Office:
To ask His Majesty's Government what assessment they have made of the impact of the government of Georgia introducing a bill that would curtail LGBT+ rights on the UK government’s declaration that Georgia is a safe country for immigration purposes.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
In line with 80AA of the Nationality and Borders Act 2022, we work closely with the Foreign, Commonwealth and Development Office to regularly monitor and review the situation in countries where migrants originate from, including how any new legislation is applied in practice.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether his Department has made an estimate of the number of people under the age of 18 who have been referred into the national referral mechanism since July 2023 and who would be eligible to have their modern slavery support removed once they reach the age of 18 were sections 22 to 29 of the Illegal Migration Act 2023 enacted.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The modern slavery provisions in the Illegal Migration Act 2023 (“the 2023 Act”) address the serious and immediate threat to public order arising from the exceptional circumstances around illegal entry into the UK.
The Public Order Disqualification in the National Referral Mechanism (NRM) was included in section 63 of the Nationality and Borders Act 2022. Section 29 of the 2023 Act amends section 63 of the Nationality and Borders Act, expanding the cohort of individuals to whom the Public Order Disqualification applies. The 2023 Act also introduces, in sections 22-28, disqualifications from the NRM for those who are subject to the duty in section 2 of that Act, unless certain specific exemptions apply.
The Government is working on developing guidance regarding the operation of these measures which will be published when the provisions are implemented.
The published Illegal Migration Bill Impact Assessment sets out the monetised and non-monetised impacts of the legislation. The Impact Assessment did not produce monetised estimates of the number of individuals who would be in scope to have their support removed if sections 22 to 29 of the Illegal Migration Act 2023 were enacted. As such, it did not produce monetised estimates for: potential victims of slavery supported under the Modern Slavery Victim Care Contract; individuals under the age of 18 who have been referred into the NRM since July 2023; or potential victims referred into the NRM. The Home Office is monitoring and evaluating the 2023 Act to monitor whether the measures introduced are meeting the objectives set and to provide insight on the process, impact and value for money of changes implemented.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether his Department has made an estimate of the number of potential victims of slavery supported under the Modern Slavery Victim Care Contract that would be in scope to have their support removed were sections 22 to 29 of the Illegal Migration Act 2023 enacted.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The modern slavery provisions in the Illegal Migration Act 2023 (“the 2023 Act”) address the serious and immediate threat to public order arising from the exceptional circumstances around illegal entry into the UK.
The Public Order Disqualification in the National Referral Mechanism (NRM) was included in section 63 of the Nationality and Borders Act 2022. Section 29 of the 2023 Act amends section 63 of the Nationality and Borders Act, expanding the cohort of individuals to whom the Public Order Disqualification applies. The 2023 Act also introduces, in sections 22-28, disqualifications from the NRM for those who are subject to the duty in section 2 of that Act, unless certain specific exemptions apply.
The Government is working on developing guidance regarding the operation of these measures which will be published when the provisions are implemented.
The published Illegal Migration Bill Impact Assessment sets out the monetised and non-monetised impacts of the legislation. The Impact Assessment did not produce monetised estimates of the number of individuals who would be in scope to have their support removed if sections 22 to 29 of the Illegal Migration Act 2023 were enacted. As such, it did not produce monetised estimates for: potential victims of slavery supported under the Modern Slavery Victim Care Contract; individuals under the age of 18 who have been referred into the NRM since July 2023; or potential victims referred into the NRM. The Home Office is monitoring and evaluating the 2023 Act to monitor whether the measures introduced are meeting the objectives set and to provide insight on the process, impact and value for money of changes implemented.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the extant Public Order Disqualifications (POD) for potential victims of modern slavery in cases where there is an immediate and real risk of re-trafficking will apply to those expected to receive PODs under the Illegal Migration Act 2023.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The modern slavery provisions in the Illegal Migration Act 2023 (“the 2023 Act”) address the serious and immediate threat to public order arising from the exceptional circumstances around illegal entry into the UK.
The Public Order Disqualification in the National Referral Mechanism (NRM) was included in section 63 of the Nationality and Borders Act 2022. Section 29 of the 2023 Act amends section 63 of the Nationality and Borders Act, expanding the cohort of individuals to whom the Public Order Disqualification applies. The 2023 Act also introduces, in sections 22-28, disqualifications from the NRM for those who are subject to the duty in section 2 of that Act, unless certain specific exemptions apply.
The Government is working on developing guidance regarding the operation of these measures which will be published when the provisions are implemented.
The published Illegal Migration Bill Impact Assessment sets out the monetised and non-monetised impacts of the legislation. The Impact Assessment did not produce monetised estimates of the number of individuals who would be in scope to have their support removed if sections 22 to 29 of the Illegal Migration Act 2023 were enacted. As such, it did not produce monetised estimates for: potential victims of slavery supported under the Modern Slavery Victim Care Contract; individuals under the age of 18 who have been referred into the NRM since July 2023; or potential victims referred into the NRM. The Home Office is monitoring and evaluating the 2023 Act to monitor whether the measures introduced are meeting the objectives set and to provide insight on the process, impact and value for money of changes implemented.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether his Department has made an estimate of the number of potential victims of slavery referred into the national referral mechanism who would be in scope to have their support removed were sections 22 to 29 of the Illegal Migration Act 2023 enacted.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The modern slavery provisions in the Illegal Migration Act 2023 (“the 2023 Act”) address the serious and immediate threat to public order arising from the exceptional circumstances around illegal entry into the UK.
The Public Order Disqualification in the National Referral Mechanism (NRM) was included in section 63 of the Nationality and Borders Act 2022. Section 29 of the 2023 Act amends section 63 of the Nationality and Borders Act, expanding the cohort of individuals to whom the Public Order Disqualification applies. The 2023 Act also introduces, in sections 22-28, disqualifications from the NRM for those who are subject to the duty in section 2 of that Act, unless certain specific exemptions apply.
The Government is working on developing guidance regarding the operation of these measures which will be published when the provisions are implemented.
The published Illegal Migration Bill Impact Assessment sets out the monetised and non-monetised impacts of the legislation. The Impact Assessment did not produce monetised estimates of the number of individuals who would be in scope to have their support removed if sections 22 to 29 of the Illegal Migration Act 2023 were enacted. As such, it did not produce monetised estimates for: potential victims of slavery supported under the Modern Slavery Victim Care Contract; individuals under the age of 18 who have been referred into the NRM since July 2023; or potential victims referred into the NRM. The Home Office is monitoring and evaluating the 2023 Act to monitor whether the measures introduced are meeting the objectives set and to provide insight on the process, impact and value for money of changes implemented.
Asked by: Lord Bishop of Manchester (Bishops - Bishops)
Question to the Home Office:
To ask His Majesty's Government what recent assessment they have made of the impact of section 63 of the Nationality and Borders Act 2022 on the operation of the UK’s modern slavery provisions (1) in prisons, and (2) across the wider population.
Answered by Lord Murray of Blidworth
“The Government assessed the Impact of Section 63 of the Nationality and Borders Bill (now Act) prior to Royal Assent and will continue to assess its impact going forward. The published Impact Assessments for the Nationality and Borders Bill, including the impact of Section 63, can be found here:
Equalities Impact Assessment: Nationality and Borders Bill: Equality Impact Assessment (publishing.service.gov.uk)
Economic Impact Assessment: Impact Assessment (parliament.uk)”
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 28 April 2023 to Question 181937 on Asylum, how many legacy asylum claims submitted before 28 June 2022 have not yet received a decision.
Answered by Robert Jenrick
The Home Office publishes provisional data on the asylum backlog in the ‘Statistics relating to the Illegal Migration Act’ release. Provisional data on asylum applications awaiting an initial decision, including a breakdown by legacy and flow cases, as at 31 March 2011 to 30 July 2023, can be found in table IMB_02 of the ‘Statistics relating to the Illegal Migration Act: data tables to July 2023’.
The Home Office also publishes finalised data on asylum in the ‘Immigration System Statistics Quarterly Release’. Data on applications awaiting an initial decision under Section 12 of the Nationality and Borders Act 2022, including a breakdown by legacy and flow cases, is published in table Asy_10a of the ‘asylum and resettlement summary tables’. Data on the number of people awaiting a decision is published in table Asy_10b. The latest data relates to as at 30 June 2023. Data as at 30 September 2023 will be published on 23 November 2023.
Please note the provisional data in the ‘Statistics relating to the Illegal Migration Act’ release is higher than the figures in the ‘Immigration System Statistics Quarterly Release’ as the provisional data includes duplicates which have not been cleansed from the data; the ‘Immigration System Statistics Quarterly Release’ has been subject to additional quality assurance as cleansing.
Information on future Home Office statistical release dates can be found in the ‘Research and statistics calendar’.
Asked by: Marquess of Lothian (Conservative - Life peer)
Question to the Home Office:
To ask His Majesty's Government what action they are taking to response to the report of the Independent Chief Inspector of Borders and Immigration ‘An inspection of the Home Office’s operations to effect the removal of Foreign National Offenders’, published on 29 June, which described the Home Office’s data management system for criminal casework as “unacceptable”; what action they are taking to create an overarching strategy within the Home Office for the management of its casework system; and how they are working to build public trust in their overall management of illegal immigration into the UK in the light of the problems identified in the report.
Answered by Lord Murray of Blidworth
The report acknowledges that many of the issues raised at the time of the inspection were already being addressed by the Home Office.
Work has already commenced to address concerns raised in the report. Since January 2023, casework resource has increased, with a dedicated Custodial Decision Team established to focus on ensuring decisions are made early in the process to drive up removals directly from prison. Ringfenced resource has been put in place to improve collaboration with Asylum and with the Immigration Enforcement Competent Authority, who consider Modern Slavery claims.
There is a wider strategy for improvement in Management Information being delivered as part of the transition to a new immigration caseworking system, including new workflow tools and modern data analysis capabilities.
Last year, under the Nationality and Borders Act (NABA) 2022, we expanded the early removal scheme for FNOs to allow them to be removed directly from prison from a maximum of 9 months to 12 months before the end of their custodial sentence. The Act also allows any FNO who receives a custodial sentence of 12 months or more to be disqualified from the recovery and reflection period available to victims of modern slavery.
We are going further to ensure that FNOs cannot frustrate their removal process. Our Illegal Migration Bill, which is currently passing through the House of Lords, proposes that the disqualification from protection for modern slavery victims applies to all FNOs who receive a custodial sentence of any length.
Asked by: Caroline Lucas (Green Party - Brighton, Pavilion)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent discussions she has had with (a) the Secretary of State for Education and (b) the Chief Inspector of Ofsted about implementing an inspection framework for hotels used by the Home Office to house unaccompanied asylum seeking children; and if she will make a statement.
Answered by Robert Jenrick
The role of the Independent Chief Inspector of Borders and Immigration (ICIBI) (until 2012, the Chief Inspector of the UK Border Agency) was established by the UK Borders Act 2007. Sections 48–56 of the UK Borders Act 2007 (as amended) provide the legislative framework for the inspection of the efficiency and effectiveness of the performance of functions relating to immigration, asylum, nationality and customs by the Home Secretary and by any person exercising such functions on her behalf.
In October 2022, the ICIBI published a report into his inspection between March – May 2022 on the use of hotels for housing unaccompanied asylum-seeking children (UASC). The report can be found on gov.uk: https://www.gov.uk/government/publications/an-inspection-of-the-use-of-hotels-for-housing-unaccompanied-asylum-seeking-children-uasc-march-may-2022
The ICIBI was assisted in the inspection by Ofsted, acting in an advisory capacity. The ICIBI’s inspection found that ‘unanimously’ the young people accommodated at the interim hotels reported feeling ‘happy and safe’.
We are taking a new power in the Illegal Migration Bill to provide or arrange for the provision of accommodation for unaccompanied children. Our policy intention is to ensure that whilst time in this accommodation is expected to be short, we will be seeking to meet standards which are appropriate for the accommodation so that children are sufficiently supported and safeguarded. We are working closely with the Department for Education and relevant stakeholders on the appropriate standards which should apply. With regards to inspection, we expect to be transparent in allowing appropriate scrutiny of our accommodation linked to any agreed appropriate standards.