Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the impact of the provisions of the Nationality and Borders Bill on Ukrainian refugees attempting to reach the UK.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Nationality and Borders Bill, part of the UK Government’s New Plan for Immigration, seeks to build a fair, but firm asylum and migration system.
The plan gives the Government the flexibility to respond at pace to conflict and humanitarian crises around the world, by establishing safe and legal routes to the UK.
Most recently, this Government has made its support for Ukrainians fleeing in fear of their lives clear, introducing two new schemes: the Ukraine Family Scheme and the Homes for Ukraine Scheme.
There is no numerical limit on either scheme as we will welcome as many Ukrainians as wish to come and, for the sponsorship scheme, that are eligible and have matched sponsors.
The Home Office will work closely with international partners on the ground to support displaced Ukrainians in need of a home.
Asked by: Virginia Crosbie (Conservative - Ynys Môn)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment she has made of the potential merits of (a) increasing safe routes to the UK for refugees and (b) removing differential treatment, offshore detention, and criminalisation of refugees; and what steps she is taking to ensure that the age assessment process for unaccompanied children seeking asylum retains safeguards and is based on best practice.
Answered by Kevin Foster
The Government is delivering comprehensive reform of the asylum system through the New Plan for Immigration, an essential element of which is the Nationality and Borders Bill.
The plan gives the Government the flexibility to respond at pace to conflict and humanitarian crises around the world, by establishing safe and legal routes to the UK.
Most recently, this Government has made its support for Ukrainians fleeing in fear of their lives clear, introducing two new schemes: the Ukraine Family Scheme and the Homes for Ukraine Scheme.
Further details can be found at: Home Secretary statement on humanitarian support for Ukrainians - GOV.UK (www.gov.uk)
We must, at the same time, take steps to disincentivise people from using unsafe, unnecessary and illegal journeys to the UK. The ability to differentiate entitlements between those refugees who came directly to the UK, claimed asylum without delay and where applicable, showed good cause for their illegal entry or presence, and those who did not, is a key part of this deterrence. So too, is overseas asylum processing. To be clear, this is not offshore detention and we would not transfer anyone overseas for their claim to be processed where to do so would breach the UK’s obligations under the Refugee Convention or ECHR.
We must also tackle the criminal gangs who facilitate illegal migration and ensure we have a robust criminal justice response to those who break our laws. We are therefore strengthening the law, to introduce life sentences for people smugglers and stronger penalties for those who come here illegally. It should however be noted that prosecutors will always consider whether it is in the public interest to initiate a prosecution and that they may wait to see if someone is recognised as a refugee before making that decision.
The introduction of the National Age Assessment Board offers the potential for significant improvements to our processes for assessing age. It will create greater consistency in age assessment practices, improve quality and ensure that ages are correctly recorded for immigration purposes. It will help reduce the resource burden on local authorities. And it will help better protect against adults being treated as children – ensuring vulnerable children can swiftly access the support they need.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what impact provisions in the Nationality and Borders Bill will have on leave to stay in the UK on humanitarian protection grounds.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
In February this year during the Committee Stage of the Nationality and Borders Bill in the House of Lords, Lord Wolfson of Tredegar QC confirmed the government’s intention to reform the humanitarian protection route in the UK as part of the Government’s New Plan for Immigration.
Clause 29 of the Nationality and Borders Bill revokes the Refugee or Person in Need of International Protection (Qualification) Regulations 2006. Those are the regulations through which we transposed our obligations under the EU Qualification Directive 2004. This has created an opportunity for us to consider the operation of the route.
The reformed humanitarian protection route will reflect our current international obligations under the European Convention of Human Rights, in particular Article 2 and Article 3, which the Government is committed to upholding. The entitlements afforded to recipients of humanitarian protection will also be amended to reflect changes being made elsewhere in the asylum system.
The reformed humanitarian protection route will also introduce a new form of permission to stay: temporary humanitarian permission to stay. The conditions attached to this grant of permission to stay will be aligned to temporary refugee permission to stay: the form of permission to stay which will be granted to Group 2 refugees.
The relevant Immigration Rules and policy guidance will be updated to reflect the changes later this year. These changes may be effected in different stages.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Home Office:
To ask Her Majesty's Government, further to the letter from Baroness Williams of Trafford to all peers on 2 March regarding the Nationality and Borders Bill and offshoring, whether any such arrangement with a third country would require a treaty.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
Legislation in the Nationality and Borders Bill does not in itself enable overseas asylum processing; we need a deal with a likeminded partner for that. I will not tie the hands of our negotiators by commenting on the content nor form of a deal, this is a matter for the negotiating table.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she plans to amend paragraph 339Q of the Immigration Rules, and the associated guidance, to maintain the option to apply for humanitarian protection following the revocation of The Refugee or Person in Need of International Protection (Qualification) Regulations 2006 under the Nationality and Borders Bill.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
In February this year during the Committee Stage of the Nationality and Borders Bill in the House of Lords, Lord Wolfson of Tredegar QC confirmed the Government’s intention to reform the humanitarian protection route in the UK as part of the Government’s New Plan for Immigration.
Clause 29 of the Nationality and Borders Bill revokes the Refugee or Person in Need of International Protection (Qualification) Regulations 2006. Those are the regulations through which we transposed our obligations under the EU Qualification Directive 2004. This has created an opportunity for us to consider the operation of the route.
The reformed humanitarian protection route will reflect our current international obligations under the European Convention on Human Rights, in particular Article 2 and Article 3, which the Government is committed to upholding. The entitlements afforded to recipients of humanitarian protection will also be amended to reflect changes being made elsewhere in the asylum system.
The relevant Immigration Rules and policy guidance will be updated to reflect the changes later this year.
Asked by: Darren Jones (Labour - Bristol North West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if his Department will publish the funding agreements for Legal Aid Agency's immigration legal aid contracts that are expected to commence from September 2022.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The existing 2018 Standard Civil Legal Aid Contract is being extended until 31 August 2023 with the exception of the Immigration category which will be extended for a shorter period. The length of the Immigration extension will be communicated as soon as agreed.
Payment for legal aid work carried out under the 2018 Standard Civil Legal Aid Contract is subject to the rates and provisions set out in the Civil Legal Aid (Remuneration) Regulations 2013.
The department will be consulting in Spring 2022 on new immigration fees as a result of the Nationality and Borders Bill, and any future Immigration contract will be tendered on the basis of these proposals, once finalised and subject to consultation. Details about future contracts will be published on the Legal Aid Agency’s tender page https://www.gov.uk/topic/legal-aid-for-providers/tenders.
The Legal Aid Agency will be contacting all current civil contract providers shortly to confirm its intentions.
Asked by: Kim Leadbeater (Labour - Batley and Spen)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department plans to respond to the People History Museum's postcard campaign Standing Together on refugees.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
I am aware of the People History Museum’s campaign, Standing Together, which opposes The Nationality and Borders Bill.
The Nationality and Borders Bill is part of the Government’s New Plan for Immigration, delivering the most comprehensive reform of the asylum system in decades.
Noting in particular the human rights concerns raised by this campaign, the Government confirms that the Bill - and the wider plan – comply with the European Convention on Human Rights and the Refugee Convention.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will review the potential impact of the Nationality and Borders Bill on family reunion rights in the context of the ongoing military conflict in Ukraine.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government has made a number of announcements in relation to the conflict in Ukraine. We are establishing an expansive Ukrainian family scheme which allows an estimated hundred thousand close family members – including parents, grandparents, adult offspring, siblings – of British nationals or people settled in the UK to come to the UK immediately. This provides a safe and legal route for Ukrainian nationals to reunite with families in the UK.
Asked by: Anne McLaughlin (Scottish National Party - Glasgow North East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether she will exclude children from transfer to her proposed offshore asylum processing centres.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Government has made our position clear on this during committee and report stage for the Nationality and Borders Bill. To be definitive about exemptions from proposed offshore asylum processing at this stage would not only hamper its potential to be effective but also incentivise people smugglers to target the most vulnerable. This policy, alongside a suite of other critical measures, is designed to deter individuals from making dangerous and unnecessary journeys from safe countries, removing demand for organised criminal gangs operating small boats routes and avoid further tragedies in the English Channel.
Every removal will be in line with our domestic and international obligations. People in scope for removal will be able to rely on their rights under Article 3 of the European Convention on Human Rights so as not to be transferred to a country where they would genuinely be at risk of inhuman and degrading treatment.
Asked by: Holly Lynch (Labour - Halifax)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 2 February 2022 to Question 111653, on British Nationality, whether her Department plans to consult relevant stakeholders to inform the drafting of the statutory guidance for the Nationality and Borders Bill.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The nationality guidance is not statutory guidance with a duty to consult on. We will, however, engage with relevant nationality stakeholders prior to implementation of the nationality provisions of the Bill.