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Written Question
Ports: Codes of Practice
Tuesday 28th July 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government, further to the debate on Port Examination Codes of Practice and National Security Determinations Guidance Regulations 2020 on 10 July (HL Deb, cols 1327–46) (1) what assessment they have made of the report by Her Majesty’s Inspectorate of Prisons, UK Border Force short-term holding facilities, published on 24 June, and (2) what discussions they have had with the College of Policing regarding training and accreditation for officers applying the Code of Practice, with particular regard to racial profiling.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

(1) We recognise the need for improvement in some facilities and there is an ongoing programme of work to ensure all sites used for detention are appropriately equipped and that the facilities are suitable to allow for the welfare of detainees to be prioritised

(2) The new Schedule 7 and 3 Codes of Practice are both clear that selection of a person for examination must not be arbitrary or for discriminatory reasons and that protected characteristics (whether separately or together) are not to be used as criteria for selection except to the extent that they are used in association with considerations that relate to the threat from terrorism or hostile activity. The Home Office continues to work with the police to ensure that training and guidance for frontline officers reflects the legal provision and important safeguards of these codes.


Written Question
Detention Centres: Risk Assessment
Tuesday 21st July 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government what consideration they have given to the findings of the report by the Independent Chief Inspector of Borders and Immigration Annual Inspection of 'Adults at Risk in Immigration Detention' (2018–19), published in April; and what actions they will make as a result of its findings.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The Independent Chief Inspector of Borders and Immigration Annual Inspection of 'Adults at Risk in Immigration Detention' (2018–19) and Home Office response were published on 29 April 2020 and can be found at the links below:

https://www.gov.uk/government/publications/annual-inspection-of-adults-at-risk-in-immigration-detention-2018-19

https://www.gov.uk/government/publications/response-to-the-annual-inspection-of-adults-at-risk-in-immigration-detention

As set out the Home Office has accepted, or partially accepted, seven of the ICIBI’s eight recommendations:

  • Continue to implement recommendations from previous related reports
  • Agree a cross-government strategy to reduce the detained population
  • Review Home Office guidance, processes and forms that relate to detention risk and vulnerability
  • Review where the authority not to detain/release should sit and at what grade
  • Produce an improvement plan for key stages of detention (prior to and during admission and once in detention)
  • Review the 2016 PES to accompany AAR guidance

Analyse the treatment and conditions of detainees and Foreign National Offenders detained in prison


Written Question
Windrush Generation: Compensation
Thursday 16th July 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government what is their target for the number of (1) claims settled in full, and (2) interim awards made, in respect of the Windrush Compensation Scheme within (a) 18 months, and (b) one year, of the commencement of that Scheme.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

We are processing claims as quickly as possible, but all claims are different, and the time taken will depend on many factors, including the complexity of the case. We are committed to working with the claimant to ensure all possible information is taken into account - this will have an impact on the length of time it takes to process the claim but can result in a higher level of payment. Wherever possible, we will make interim payments on parts of the claim that are straightforward to determine, such as immigration fees, thereby speeding up the provision of compensation.


Written Question
Immigration: Applications
Thursday 9th July 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government, further to the acceptance of applications for settled status after the deadline of 30 June 2021, what are the proposed criteria for accepting those applications; what plans there are to consult with stakeholders on those criteria; and when those criteria will be published.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The Government has made clear, where a person eligible for leave under the EU Settlement Scheme has reasonable grounds for missing the application deadline of 30 June 2021, they will be given a further opportunity to apply. Our compassionate and flexible approach will ensure individuals who miss the deadline through no fault of their own can still obtain lawful status in the UK. We have not set out the criteria for what will constitute reasonable grounds for submitting an application after the deadline as we want to continue to encourage people to apply before 30 June 2021, whilst allowing the maximum possible flexibility when the situation arises. Examples will include children whose parent or guardian failed to apply on their behalf, people in abusive or controlling relationships who were prevented from applying, and those who lack the physical or mental capacity to apply. We will publish clear guidance for caseworkers in due course.


Written Question
Quarantine: Coronavirus
Wednesday 8th July 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 22 June (HL5670), what assessment they have made of the likelihood of people travelling to the UK on a weekly basis being infected with COVID-19 compared to those travelling to the UK (1) fortnightly, or (2) frequently but irregularly; what assessment they have made of whether applying quarantine measures to people who travel to and from the UK for work purposes (a) fortnightly, or (b) frequently but irregularly, is in keeping with their approach that those who are unable to work from home and can return to work should do so; and why, with the exemption of weekly travellers, quarantine measures are applied to travellers with no threshold on the period of stay outside the UK.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The additional Health Measures at the Border introduced on 8 June aim to reduce the risk posed by imported cases of Covid-19 to the UK. A small number of groups are exempt from the self-isolation requirement, including those who live outside the UK but work in the UK and travel between their country of residence at least once a week. This exemption is based on the need to maintain peoples’ ability to attend their place of work, and not their infection status.

The exemption for those travelling at least once a week ensures that those who live in one country but are employed in another can continue to pursue their employment if they are unable to work from home and can return to work. Opening up this exemption to less frequent travellers risks opening this exemption to wider business-related travel for which it is not intended.

The self-isolation applies to all arrivals, rather than being based on the period of stay outside the UK as the virus has an incubation period where symptoms may not have yet developed.


Written Question
Coronavirus: Quarantine
Monday 22nd June 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government, further to the Health Protection (Coronavirus, International Travel) (England) Regulations 2020, (1) why are people who travel to and from England regularly for work purposes, usually weekly, exempt, and people who travel fortnightly, or frequently but irregularly, not exempt, and (2) why the quarantine measures apply to most travellers without a threshold of the period of length of stay abroad. [T]

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

From 8 June, all passengers arriving in the UK without having travelled through another part of the Common Travel Area are required to self-isolate for 14 days, apart from those on a short list of exemptions. This particular exemption ensures those who travel to or from England on a weekly basis to pursue their employment are able to continue doing so, and is in keeping with the approach those who are unable to work from home and can return to work should do so. This is a different category of traveller to those who travel less frequently or even irregularly.

The self-isolation measures apply to all arrivals, as the scientific advice is, when domestic transmission of Covid-19 is reduced, new health measures at the border are an important part of managing the risk of new cases entering the UK from abroad and contributing to a second peak of the virus.


Written Question
Detention Centres: Risk Assessment
Monday 22nd June 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government whether any additional guidance has been issued to Home Office immigration detention case workers on completing IS91RA risk assessments as a result of COVID-19.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The most recent guidance for staff operating in immigration removal centres (IRC) and residential short-term holding facilities (RSTHF) on the principles for managing COVID-19 in places of detention came into force on 5 May 2020 and has been published on Gov.UK. This guidance includes advice on the circumstances in which an IS91RA form should be completed and submitted to the Home Office.

Supplementary guidance on managing cases of individuals with COVID-19 comorbidities under the adults at risk in immigration detention policy (AAR) came into force on 20 March 2020. Under this policy, individuals suffering from one of the conditions set out in Public Health England guidance on COVID-19 are automatically regarded as falling within level 3 of the AAR. The policy was made available to Home Office staff and to contracted staff in immigration removal centres, and it has been published on Gov.UK.

As of 19 June, there are currently no cases of Covid-19 in immigration removal centres.


Written Question
Detention Centres: Risk Assessment
Monday 22nd June 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government what is their current policy on classifying those with COVID-19 comorbidities under the Adults at Risk in Immigration Detention policy; and how that policy has been disseminated to (1) detainees, (2) stakeholders, (3) providers, and (4) caseworkers.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The most recent guidance for staff operating in immigration removal centres (IRC) and residential short-term holding facilities (RSTHF) on the principles for managing COVID-19 in places of detention came into force on 5 May 2020 and has been published on Gov.UK. This guidance includes advice on the circumstances in which an IS91RA form should be completed and submitted to the Home Office.

Supplementary guidance on managing cases of individuals with COVID-19 comorbidities under the adults at risk in immigration detention policy (AAR) came into force on 20 March 2020. Under this policy, individuals suffering from one of the conditions set out in Public Health England guidance on COVID-19 are automatically regarded as falling within level 3 of the AAR. The policy was made available to Home Office staff and to contracted staff in immigration removal centres, and it has been published on Gov.UK.

As of 19 June, there are currently no cases of Covid-19 in immigration removal centres.


Written Question
Detention Centres: Risk Assessment
Monday 22nd June 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government whether a person at risk of severe illness from COVID-19 due to an underlying health condition will be automatically assessed as Level 3 under the Adults at Risk in Immigration Detention policy.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The most recent guidance for staff operating in immigration removal centres (IRC) and residential short-term holding facilities (RSTHF) on the principles for managing COVID-19 in places of detention came into force on 5 May 2020 and has been published on Gov.UK. This guidance includes advice on the circumstances in which an IS91RA form should be completed and submitted to the Home Office.

Supplementary guidance on managing cases of individuals with COVID-19 comorbidities under the adults at risk in immigration detention policy (AAR) came into force on 20 March 2020. Under this policy, individuals suffering from one of the conditions set out in Public Health England guidance on COVID-19 are automatically regarded as falling within level 3 of the AAR. The policy was made available to Home Office staff and to contracted staff in immigration removal centres, and it has been published on Gov.UK.

As of 19 June, there are currently no cases of Covid-19 in immigration removal centres.


Written Question
Detention Centres: Risk Assessment
Monday 22nd June 2020

Asked by: Baroness Hamwee (Liberal Democrat - Life peer)

Question to the Home Office:

To ask Her Majesty's Government whether any additional guidance has been issued to Home Office immigration detention case workers on making assessments under the Adults at Risk in Immigration Detention policy as a result of COVID-19.

Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)

The most recent guidance for staff operating in immigration removal centres (IRC) and residential short-term holding facilities (RSTHF) on the principles for managing COVID-19 in places of detention came into force on 5 May 2020 and has been published on Gov.UK. This guidance includes advice on the circumstances in which an IS91RA form should be completed and submitted to the Home Office.

Supplementary guidance on managing cases of individuals with COVID-19 comorbidities under the adults at risk in immigration detention policy (AAR) came into force on 20 March 2020. Under this policy, individuals suffering from one of the conditions set out in Public Health England guidance on COVID-19 are automatically regarded as falling within level 3 of the AAR. The policy was made available to Home Office staff and to contracted staff in immigration removal centres, and it has been published on Gov.UK.

As of 19 June, there are currently no cases of Covid-19 in immigration removal centres.