Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 16 September to Question 46919 on Afghanistan: Refugees, for what reason the Afghan Citizens’ Resettlement Scheme has not yet commenced; when that scheme will commence; whether her Department or the Foreign, Commonwealth and Development Office will be responsible for determining the priority given to applicants for that scheme; if the Government will give priority under that scheme to Afghans who followed UK ministerial advice to cross borders to countries adjacent to Afghanistan, even if they were undocumented, and who are consequently at risk of detention and deportation back to Afghanistan; and if she will make an assessment of whether a scholar in Pakistan who is (a) female, (b) politically prominent, (c) a Hazara, (d) validated by the Council for At-Risk Academics, (e) capable of being extracted without difficulty from her current location and (f) in danger of deportation back to Afghanistan would fit the criteria for prioritisation for that scheme as set out in that Answer.
Answered by Victoria Atkins - Shadow Secretary of State for Environment, Food and Rural Affairs
As set out in the answer to Question 46919 on 16 September, the Government has issued a policy statement which gives further information on the eligibility, prioritisation and referral of people for the Afghan Citizens Resettlement Scheme (ACRS).
Eligible people will be prioritised and referred for resettlement to the UK as set out in the policy statement.
The ACRS is being developed at pace and further details will be released in due course.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent assessment she has made of the scale of the threat posed to farmers by illegal hare coursing on their land, in respect of (a) personal intimidation, (b) damage to gates when forcing access and (c) risk of retaliation against vulnerable farm property, in response to intruders being challenged; what estimate she has made of the scale of the illegal betting rings involved in that criminality; and what discussions her officials have held with the Ministry of Justice on (i) raising substantially the maximum fine from its present level of £1,000 and (ii) imposing custodial sentences on serious offenders.
Answered by Kit Malthouse
This government remains committed to driving down crime in communities, including those which particularly affect rural areas such as hare coursing. Although the scale of harm associated with hare coursing is not captured centrally, this government recognises its impact, which is why we are investing in the financial and operational capabilities of the police, as well as working closely with DEFRA to develop its legislative proposals contained in its Action Plan for Animal Welfare, which will be introduced as soon as parliamentary time allows.
All decisions on sentencing is a matter for our independent courts, which upon making a decision take into account the circumstances of the offence and any aggravating and mitigating factors. Any changes to the sentencing guidelines will be a decision for the Independent Sentencing Council.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether places on the Afghan citizens’ resettlement scheme will be prioritised according to the degree of risk faced by applicants; for what reason at-risk applicants accepted for inclusion in the scheme will not all be brought to the UK during its first year; and by what means at-risk applicants for the scheme who are still in Afghanistan will be expected to keep themselves safe while awaiting the second and third years of the scheme.
Answered by Victoria Atkins - Shadow Secretary of State for Environment, Food and Rural Affairs
On Monday 13 September the Government published a policy statement which set out further details on the policy and operation of the ACRS, and the package of integration support that will be offered to those arriving through the scheme.
This policy statement confirms that the following groups of people will be prioritised through the ACRS:
To help identify those most at risk, the Government is working closely with the UN’s Refugee Agency, UNHCR, to identify and resettle refugees who have fled Afghanistan based on their protection and humanitarian needs. The Government is also working with international partners and NGOs in the region to implement a referral process for people inside Afghanistan, where safe passage can be arranged, and for those that have recently fled to other countries in the region.
Further details on eligibility and selection can be found on gov.uk.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what comparative assessment her Department has made of the potential merits of (a) turning back illegal immigrants at sea in the English Channel and (b) picking up illegal migrants and returning them France; and if she will make a statement.
Answered by Chris Philp - Shadow Home Secretary
Managing the illegal crossings by migrants using small boats and disrupting the criminal enterprises that facilitate this deadly trade is a top priority for my officials. They have explored the different options open to the UK and their effectiveness in the context of both domestic and international law. Turning back migrant vessels at sea is one of a range of potential possibilities, and the new Borders Bill includes additional powers enabling Border Force to act in international waters and potentially return boats to their country of embarkation, where there are agreements in place to do so.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will make it a condition of awarding government contracts to commercial providers of accommodation for refugees from Afghanistan that full compensation be paid to festival organisers whose events are cancelled at short notice by those accommodation providers which sign alternative contracts with her Department.
Answered by Victoria Atkins - Shadow Secretary of State for Environment, Food and Rural Affairs
The Home Office is unable to provide comment on the contractual arrangements in place between providers of accommodation and other parties. It is understood that in many cases compensation payments are offered to those affected but this has to be an agreement between the accommodation provider and the affected parties
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, for what reason the wives of some Afghan former (a) interpreters and (b) other locally employed civilians who assisted British armed forces and have been granted permission to settle in the UK, are not being allowed to accompany their husbands; and if she will urgently make representations to resolve this issue.
Answered by Kevin Foster
The UK owes a huge debt of gratitude to all locally employed staff (LES) who have supported our troops and embassy in Afghanistan, and we are significantly accelerating the pace of their relocation, with their family members, to the UK ahead of our military withdrawal.
There is a small number of family members who applied to relocate under the ex gratia scheme, but who do not meet the requirements of the Immigration Rules because they were not married or living together in a relationship akin to a marriage or civil partnership for at least two years prior to the date on which the LES relocated to the UK.
We have recently published updated guidance to enable us to consider such cases outside the Rules and will review these cases in line with this guidance.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, with reference to the Written Statement of 8 March 2021, Government response to Consultation: Strengthening Police Powers to Tackle Unauthorised Encampments, HCWS826, what criteria the courts will be required to apply to determine whether the (a) damage, (b) disruption and (c) distress which a person (i) has or (ii) is deemed likely to cause is significant; and what assessment her Department has made of whether it will be feasible to provide sufficient clarity in such criteria to allow for the practical application of that proposed legislation.
Answered by Kit Malthouse
The Government will issue guidance relating to the exercise of the functions of police officers and constables in respect of trespassers on land. It will be for the courts to determine on a case by case basis when damage, disruption and distress is deemed to be significant.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, pursuant to the Answer of 25 February 2021 to Question 156232 on hate crime, subjectivity and equality before the law, whether the people conducting the review of hate crime legislation will have regard to the content of John Stuart Mill's essay On Liberty; what the principles underlying that review are; and if she will make a statement.
Answered by Victoria Atkins - Shadow Secretary of State for Environment, Food and Rural Affairs
The Law Commission is conducting the hate crime review. The terms of reference for the review ask it to review the adequacy and parity of protection offered by the law relating to hate crime and to make recommendations for its reform.
This includes:
• Reviewing the current range of specific offences and aggravating factors in sentencing, and making recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred of protected groups or characteristics.
• Reviewing the existing range of protected characteristics, identifying gaps in the scope of the protection currently offered and making recommendations to promote a consistent approach.
Full details can be found at:
https://www.lawcom.gov.uk/project/hate-crime/
In the consultation that it issued in relation to this review, the Law Commission noted John Stewart Mill’s essay in relation to discussing the principles of free expression.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what recent discussions she has had with Cabinet colleagues on the potential merits of (a) updating the law on treason and (b) bringing forward legislative proposals to ensure that British citizens who travel to conflict zones in order to support groups which promote terrorist attacks on the UK will thereby make themselves liable for substantial terms of imprisonment on return to the UK.
Answered by Kevin Foster
Treason offences are being considered as part of the Home Office’s ongoing wider review of legislation that also includes countering hostile activity by states. This work has not reached any conclusions yet.
Individuals can be convicted in UK courts of offences committed overseas (including preparation of terrorism, encouragement of terrorism and membership of a proscribed organisation). Where individuals do return to the UK after engaging in conflict overseas, they will be investigated and, where there is evidence crimes have been committed, they should expect to face prosecution.
Asked by: Julian Lewis (Conservative - New Forest East)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether the definition of hate crime as any criminal offence which is perceived by the victim or any other person to be motivated by hostility or prejudice towards someone based on a personal characteristic is compatible with the principles of the (a) objective application of justice, (b) equal treatment under the law and (c) presumption of innocence unless proved guilty; what (i) internal and (ii) cross-departmental assessments have recently been carried out of the operation of (A) legislation and (B) guidelines defining crimes in terms of people’s perceptions; and if she will make a statement.
Answered by Victoria Atkins - Shadow Secretary of State for Environment, Food and Rural Affairs
The police and Crown Prosecution Service define and record hate crime as “any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender.”
Part of the purpose of this definition is to encourage victims of hate crime to come forward to report, reflecting the recommendations from the Stephen Lawrence Inquiry. It is the responsibility of the police to investigate allegations of criminal activity and decide whether or not a specific incident should be treated as a hate crime.
In 2018 the Government asked the Law Commission to undertake a full review of the coverage and approach of current hate crime legislation. That review is due to conclude this year.