Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what documentation must be issued by the Fire Brigade when instituting a waking watch at an impacted cladding building.
Answered by Kit Malthouse
The decision to institute a Waking Watch is made by the Responsible Person for the building. The Fire and Rescue Service enforces as necessary against the requirements of the Fire Safety Order.
Sector-led guidance from the National Fire Chiefs Association, termed the Simultaneous Evacuation Guidance (SEG), is available to assist Responsible Persons, at: Simultaneous_Evacuation_Guidance_october_2020.pdf (nationalfirechiefs.org.uk)
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the Government has plans to make changes to prevent spent hospital orders under the Mental Health Act from being recorded on patients' Disclosure and Barring Service records.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
As the question refers to spent hospital orders, we assume you are referring to hospital orders for an individual detained under the Mental Health Act as part of the disposal for a conviction. Spent criminal records are never disclosed on basic criminal record certificates.
Jobs which require higher levels of trust (such as roles working with children) may be eligible for standard or enhanced criminal record certificates issued by the Disclosure and Barring Service. These checks may also disclose spent convictions and cautions in accordance with disclosure rules. According to the rules, a spent conviction or caution would be disclosed only if: it was imposed within the last 11 years; or it was for a specified offence which is serious, relates to sexual or violent offending or is otherwise relevant for safeguarding purposes; or where a custodial sentence is imposed. Where such convictions are disclosed, the certificates will also include any attached sentences/disposals which could include a hospital order.
Enhanced certificates may also contain other information held by the police if a Chief Officer of police considers it relevant to the role and proportionate for it to be disclosed. In making such a decision, Chief Officers must have regard to statutory guidance issued by the Secretary of State which makes clear that disclosure of information related to mental health is sensitive and requires careful consideration. Information suggesting a particular risk of harm to others, for example, might be considered appropriate for disclosure. If such information is disclosed, the criminal record certificate should provide sufficient explanation to ensure that the prospective employer will clearly understand the relevance of the information to the application.
The Government considers that the current approach strikes the right balance between public protection and an individual’s right to private life.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans her Department has to extend the fiancée visa for people who are unable to (a) give notice to marry and (b) marry during the covid-19 outbreak.
Answered by Kevin Foster
The Home Office has put in place a range of measures to support those affected by the Covid-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.
A fiancé, fiancée or proposed civil partner whose wedding or civil partnership is delayed due to Covid-19 can request an extension until 31 July by updating their records with the Coronavirus Immigration Team. (https://gov.smartwebportal.co.uk/homeoffice/public/ho_form.html)
The family Immigration Rules allow for an extension of leave if there is good reason for a wedding or civil partnership not taking place during the initial six-month period of leave to enter. Restrictions on giving notice to marry or delay to a wedding or civil partnership due to Covid-19 will be considered a good reason under this policy. They may otherwise be eligible to remain on the basis of exceptional circumstances.
These are unprecedented times and we may make further temporary adjustments to requirements where necessary and appropriate.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what plans the Government has to waive the requirement for applicants for Settlement Status not to have spent more than six months outside of the UK in circumstances where applicants are unable to return to the UK due to travel restrictions implemented during the Covid-19 pandemic.
Answered by Kevin Foster
For indefinite leave to remain, applicants must meet continuous residence requirements and are generally only allowed to be out of the UK for a maximum of 180 days in a 12 month period. However, absences beyond 180 days can be allowed if there are serious or compelling reasons and we are taking steps to ensure individuals will not be regarded as breaking continuity of residence where absences have arisen as a result of Covid-19 related travel restrictions.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, on what date (a) Albanian and (b) Polish authorities will be granted permission to restart the processing of UK visas.
Answered by Kevin Foster
UK visa applications are processed by the Home Office, not other national authorities.
The decision on when to re-open the UK visa application centres in Poland and Albania, which are operated by the Home Office’s commercial partner TLS, will be made as soon as the Home Office and TLS are satisfied TLS are able to deliver the service safely for both staff and customers, and in compliance with local government guidelines relating to Covid-19.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether furloughed salaries will be calculated as part of the earnings requirement for applications for spousal visas.
Answered by Kevin Foster
The earnings requirement for those seeking a spouse visa is a minimum income of £18,600 or higher where a child is also applying for leave. Salaries received whilst the sponsor, or applicant who is in the UK with permission to work, is furloughed will be calculated as part of this minimum income requirement.
Income from other employment or self-employment, cash savings, pension, or property rental may also be counted; along with other sources of income where there are exceptional circumstances.
The Home Office has put in place a range of measures to support those affected by the Covid-19 outbreak. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment she has made of the effectiveness of her Department's package of measures to tackle county lines drugs gangs, announced on 1 October 2019.
Answered by Kit Malthouse
We are investing £25 million this year and next to crack down on the county lines drugs gangs exploiting our children and terrorising our communities.
£5m of this investment is already in operational use, and a number of law enforcement operations resulting directly from it have taken place. For example, on 25 February a cross-force operation by forces including Merseyside Police and the British Transport Police saw 56 people arrested for drugs offences, and significant quantities of drugs, weapons and cash seized.
The Home Office has established a County Lines Task and Finish Group through which we work with operational partners to monitor progress.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what representations she has made to his European counterparts on finding suitable homes for displaced refugee (a) children and (b) families living in Calais; and what steps she is taking to support efforts to find those homes.
Answered by Chris Philp - Minister of State (Home Office)
The living conditions and reception arrangements of migrants in France are a matter for the French government.
However, UK Government ministers and officials regularly meet their French counterparts to discuss our close cooperation on tackling illegal migration under the Sandhurst Treaty framework, which includes UK support to the French asylum system to improve access by vulnerable migrants.
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the Government's review of pre-charge bail law will assess the potential merits of reforming Release Under Investigation (RUI), including (a) the introduction of time limits, (b) a requirement for sharing updates and (c) an updated approval process for using RUI.
Answered by Kit Malthouse
This government is fully committed to protecting the public, and ensuring the police have the powers they need.
On 5 November the government announced its intention to review pre-charge bail legislation, including the practice of ‘Released Under Investigation’ (RUI), to ensure we have a system which more effectively prioritises the safety of victims and witnesses and the management of suspects.
Specifically, the review will look to:
Asked by: Rosena Allin-Khan (Labour - Tooting)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the oral contribution of the Prime Minister on 25 July 2019, Official Report, column 1491, what assessment his Department has made of the potential merits of an introducing an amnesty for undocumented immigrants.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
The Government remains committed to an immigration policy which welcomes and celebrates people to the UK through safe and legal routes but deters illegal immigration. The Immigration Rules already provide for undocumented migrants to regularise their status.
The Immigration Rules are kept under continuous review and adjusted where necessary in light of feedback, impact and the findings of the courts.