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Mr. Charles Wardle : EC Immigration Ministers meeting in The Hague in December 1991 agreed that a feasibility study should be undertaken of a Communitywide system for matching the fingerprints of asylum applicants in order to detect multiple and successive applications being made in different member states. This work is continuing.
Mr. Allen : To ask the Secretary of State for the Home Department how many asylum seekers were detained in Her Majesty's prisons during the past 24 months ; and what was the most frequent period of custody to the nearest month.
Mr. Charles Wardle : The information is not available in the form requested. However, on 7 October 1992 a total of 138 asylum seekers had been detained in prisons, including Haslar, for more than seven days. Of these 32 had been detained for less than one month, 20 for between one and two months, 46 between two and six months and 40 for over six months.
Mr. Allen : To ask the Secretary of State for the Home Department what inquiries immigration officials will be required to make of immigration officials in another member state in order to assure the admissibility of an asylum seeker being returned to another member state under the 1990 Dublin convention, before such person is so returned.
Mr. Charles Wardle : Under the terms of articles 11 and 13 of the Dublin convention (Cm. 1623), where a member state considers that another member state is responsible for examining an application for asylum it may request that member state to take charge of or take back the applicant. That member state is obliged to respond to the request within specified timescales, and in so doing it will indicate whether or not the applicant is admissible to its territory.
Mr. Allen : To ask the Secretary of State for the Home Department what level of seniority an immigration officer must have to make a decision to return an asylum seeker
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to another member state of the European Community as permitted by the 1990 Dublin convention and whether such a decision will be reached and implemented without a reference to the asylum and special cases unit at the immigration and nationality department.Mr. Charles Wardle : All decisions to refuse an application for asylum are taken by the asylum and special cases division and not by immigration officers. This will remain the position when such decisions are made under the terms of the Dublin convention (Cm. 1623).
Mr. Allen : To ask the Secretary of State for the Home Department what safeguards will be taken to ensure that all relevant information, including the presence of family members, which affects the member state responsible for determining an asylum application under the 1990 Dublin convention, is obtained and considered before a decision is reached.
Mr. Charles Wardle : Article 15 of the Dublin convention (Cm. 1623) provides that each member state shall communicate to any member state which requests it such information on individual cases as is necessary for determining the member state responsible for examining an application for asylum. The member state that forwards the information must ensure that it is accurate and up to date. The applicant has the right to know what information is being exchanged concerning him or her and to have it corrected or erased if it is inaccurate. Where the removal of an asylum applicant is contemplated on third country grounds the applicant will also be invited as at present to explain why the United Kingdom should be considered the most appropriate country of refuge, and if there are any compassionate factors or family links which weigh against removal. All these matters will be considered before a final decision on removal is made.
Mr. Allen : To ask the Secretary of State for the Home Department what precautions are taken under the 1990 Dublin convention to ensure that all information about the identity of the asylum seeker and the nature of his application are kept confidential and are not revealed to unrelated third parties, including crew members of carriers.
Mr. Charles Wardle : Article 15 of the Dublin convention (Cm 1623) contains safeguards on the transmission and storage of information about asylum applicants. It sets limits on what information may be exchanged between member states on individual asylum applicants for the purposes of implementing the convention and requires that information shall be exchanged only between specially designated authorities in each member state. The article requires all exchanges of information to be recorded and limits the period during which information can be retained. It requires any computerisation of such information to be compatible with the 1981 Strasbourg convention on data protection. Crew members of carriers or other third parties are not informed of the basis of a person's application for admission or further leave to remain in the United Kingdom.
Mr. Allen : To ask the Secretary of State for the Home Department what are the latest proposals of the group of EC Ministers concerned with immigration on the position
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of a person who is being removed or deported through another member state who applies for political asylum in transit.Mr. Charles Wardle : No specific proposals have been made, but in general these circumstances are covered by the convention determining the state responsible for examining applications for asylum lodged in one of the member states of the European Communities--the Dublin convention, Cm 1623. Article 3.1 of the convention makes it clear that every application for asylum will be considered by one of the member states. Which member state is responsible will depend upon the precise circumstances of the case.
Mr. Allen : To ask the Secretary of State for the Home Department what was the total cost in producing and processing the Asylum Bill in Session 1991-92.
Mr. Charles Wardle : The readily available information suggests that staff costs of £48,000 were incurred in the Home Office.
Mr. Allen : To ask the Secretary of State for the Home Department if he will make a statement on the numbers of staff who determine asylum claims ; and how many of the proposed number are now in post.
Mr. Charles Wardle : On 1 October 1992 there were 495 staff in post in the asylum division. Of those, 350 staff, including clerical support, are involved in the determination of asylum claims. Present plans provide for the total number of staff in the asylum division to rise further, to about 550, next year.
Immigration
Mr. Allen : To ask the Secretary of State for the Home Department on what evidence an immigration officer decides that a passenger has arrived from another member state of the European Community.
Mr. Charles Wardle : In some cases, most notably at the channel ports, the immediate point of departure will be self-evident. Otherwise, where there is any doubt, the immigration officer takes into account the passenger's own statement and such documentary evidence as is available, including endorsements in travel documents, travel tickets and carriers' records.
Mr. Allen : To ask the Secretary of State for the Home Department, pursuant to his answer of 15 July, Official Report, column 775, if he will make a statement on progress under the United Kingdom presidency on the work programme of EC Ministers concerned with immigration.
Mr. Charles Wardle : Progress is being made under the United Kingdom Presidency on a number of matters identified in the work programme adopted in December 1991 by EC Ministers concerned with immigration. We are carrying forward the work begun under the Portuguese Presidency on the harmonisation of family reunification policy ; and have introduced proposals concerning the admission of non-EC nationals for purposes of employment. We are also working towards an agreement on the expulsion of illegal immigrants and on a resolution on manifestly unfounded asylum applications. There has been continuing progress on practical measures to prepare for the implementation of the Dublin asylum convention and the draft external frontiers convention.
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Mr. Allen : To ask the Secretary of State for the Home Department, (1) further to his answer to the hon. Member for Norwood (Mr. Fraser) of 15 July, Official Report, column 77, what policy implications for United Kingdom immigration law stem from the progress made under the Portuguese presidency on family reunification ; and what changes to primary or secondary legislation are required ;
(2) what administrative measures may need to be taken to implement the progress made on family reunification under the Portuguese presidency of the EC Ministers concerned with immigration.
Mr. Charles Wardle : Discussion of family reunification policy did not reach a sufficiently advanced stage during the Portuguese Presidency to enable conclusions to be drawn about the possible implications for United Kingdom law and practice.
Mr. Allen : To ask the Secretary of State for the Home Department in respect of precisely which areas of family reunification discussions are currently taking place in the EC group of Ministers concerned with immigration.
Mr. Charles Wardle : The basic issues being addressed are which family members are to be admitted to join third-country nationals resident in a member state and under what conditions.
Mr. Allen : To ask the Secretary of State for the Home Department what arrangements have been agreed with the other EC Ministers concerned with immigration for the transit through member states of persons removed or deported.
Mr. Charles Wardle : No arrangements have yet been agreed with other EC Ministers. However, draft guidelines have been prepared, which it is intended should be considered by EC Immigration Ministers at their meeting at the end of November. These recommend that, where possible, removal of third-country nationals through other EC member states should be avoided ; that, where such a removal is necessary, for example in the interests of efficiency, speed or economy, the removing state should make satisfactory arrangements for the individual's onward journey ; and that there should be proper consultation with the transit state on such matters as documentation and the use of escorts.
Mr. Allen : To ask the Secretary of State for the Home Department what proposals he has to change the green form legal aid option for immigraiton advice and representations ; and if he will make a statement.
Mr. Charles Wardle : My noble Friend the Minister of State announced on 10 February in another place, column 459-60, that the Government did not intend to proceed with the proposal to transfer advice on immigration and asylum from the green form legal aid scheme to the United Kingdom Immigrants Advisory Service. Green form legal aid continues to be available in immigration and asylum cases.
Mr. Fraser : To ask the Secretary of State for the Home Department what matters were discussed by the ad hoc group of Home Affairs Ministers responsible for immigration matters in the European Community at its meeting on 10 and 11 September ; and if he will make a statement as to decisions or agreements reached at that meeting, the areas in which discussions are on going, and the form in which conclusions will be presented to Parliament.
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Mr. Charles Wardle : The ad hoc working group on immigration is composed of senior officials. It reports to EC Immigration Ministers, who meet towards the end of each Presidency. At its meeting on 10-11 September, the group discussed a range of issues, including admission for the purpose of employment, implementing work in respect of the draft external frontiers convention and the practices to be followed by member states as regards the expulsion of third country nationals unlawfully present in their territories. Discussions will continue on these and other matters in preparation for consideration by Ministers.
My right hon. and learned Friend will report to the House in the usual way the conclusions of the meeting of Immigration Ministers due to take place in London at the end of November.
Mr. Allen : To ask the Secretary of State for the Home Department if he will list all EC directives, draft directives and other EC proposals which currently pertain to immigration, nationality and asylum.
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Mr. Charles Wardle : The area covered by Community law is that of free movement and residence rights for EC nationals and their families. The operation of these rights is currently governed by Council directives 64/221/EEC ; 68/360/EEC ; 72/194/EEC ; 73/148/EEC ; 75/34/EEC ; 75/35/EEC ; 90/364/EEC ; 90/365/EEC and 90/366/EEC ; and by regulations EEC No. 1612/68, EEC No. 1251/70 and EEC No. 2194/91. A Commission document, COM(90)108, contains proposals to amend regulation EEC No. 1612/68 and directive 68/360/EEC. These proposals are currently under discussion.
Mr. Allen : To ask the Secretary of State for the Home Department if he will set out in tabular form the annual salary scales for those employed in the immigration service up to and including the permanent secretaries and Ministers, giving the numbers employed at each grade.
Mr. Kenneth Clarke : The information is set out in the tables :
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Salary scales
London Elsewhere
Grade |Number of Staff |Range minimum |Range maximum |Range minimum |Range maximum
|employed in grade
|on 30 September
|1992
------------------------------------------------------------------------------------------------------------------------------------------
Grade 3 (chief inspector) |1 |51,272 |59,280 |49,920 |57,928
Grade 5 (director) |2 |37,589 |49,790 |36,019 |47,921
Grade 6 (deputy director) |3 |28,904 |44,390 |27,660 |42,724
Grade 7 (assistant director) |16 |25,330 |36,019 |24,239 |34,469
Inspector |72 |19,815 |23,082 |19,616 |22,618
Senior executive officer |6 |18,082 |22,618 |17,361 |21,715
Chief immigration officer |316.5 |16,333 |18,833 |16,004 |18,454
Higher executive officer |18 |14,456 |18,454 |13,880 |17,718
Immigration officer |1,832 |12,411 |15,682 |12,161 |15,366
Executive officer |55 |10,440 |14,753 |10,024 |14,165
Assistant immigration officer |49 |9,405 |11,138 |8,790 |10,409
Administration officer |133 |9,405 |11,138 |8,790 |10,409
Administration assistant |108.5 |7,175 |9,405 |6,706 |8,790
Senior personal secretary |1 |12,752 |14,599 |11,917 |13,644
Personal secretary |12 |9,405 |11,521 |8,790 |10,768
Typist |35 |7,175 |9,405 |6,706 |8,790
Note: Progression on the salary scale depends on performance.
Mr. Fraser : To ask the Secretary of State for the Home Department in relation to the ad hoc group of Home Affairs Ministers in the European Community responsible for immigration matters, what treaties, agreements, resolutions or protocols are currently being considered by the group ; when the group will next meet ; and if he will publish the names of sub-groups, the person chairing them and the frequency of meetings.
Mr. Charles Wardle : The ad hoc working group on immigration is composed of senior officials. It meets approximately eight times a year and reports to Ministers concerned with immigration matters. The group will meet next on 12-13 November. Work currently in hand in the group under the immigration and asylum work programme agreed at Maastricht in December 1991 includes the preparation of resolutions for adoption by Ministers on manifestly unfounded asylum applications, harmonisation of family reunification policy, and expulsion practice. Other areas under discussion include admission for employment and transit for the purposes of
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removal. The current chairman is Mr. A. R. Rawsthorne, an Assistant Under-Secretary of State in the Immigration and Nationality Department of the Home Office.There are currently five sub-groups reporting to the ad hoc group, each chaired during the United Kingdom Presidency by a senior official of the Immigration and Nationality Department, as follows :
Sub group |Chairman --------------------------------------------------------------------------------------------------------- Admission/Expulsion |Mr. N. R. Varney/Mr. C. B. Manchip Asylum |Mr. N. C. Sanderson External Frontiers |Mr. N. R. Varney False documents |Mr. C. B. Manchip Visa |Mr. R. G. Yates
The frequency of meetings varies, but a total of 22 days had been allocated in total to meetings of the sub-groups during the United Kingdom Presidency.
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Carriers Liability
Mr. Allen : To ask the Secretary of State for the Home Department how much the United Kingdom Government have fined airlines under the provisions of the Immigration (Carriers Liability) Act 1987 in the past 24 months.
Mr. Charles Wardle : The total of sums demanded of airlines under the Immigration (Carriers' Liability) Act 1987 for the two years up to 31 August 1992 was about £24 million.
Mr. Allen : To ask the Secretary of State for the Home Department if he will list the provisions of the carriers liability schemes which exist in the OECD countries.
Mr. Charles Wardle : The following is a list of the OECD countries which we understand have carriers' liability schemes, with the charges which may be imposed on carriers in each case.
Australia
$1,000 Aus (approximately £430)
Belgium
100,000 BgF (£2,070)
Canada
$100-$5,000 Can. (£50-£2,500)
France
10,000 FF (£1,260)
Germany
2,000-5,000 DM (£850-£2,135)
Italy
170,000-500,000 Lira (£80-£240)
Turkey
$3,000 US (£1,785)
United Kingdom
£2,000
United States of America
$300-$3,000 (£175-£1,785)
Schengen Group
Mr. Allen : To ask the Secretary of State for the Home Department what liaison takes place between the United Kingdom and the Schengen group ; and if he will make a statement.
Mr. Charles Wardle : There are no formal liaison arrangements between the United Kingdom and the Schengen states, although the Schengen presidency has on occasion briefed British officials on developments in implementing the Schengen convention. There are, however, frequent contacts between United Kingdom Ministers and officials and their counterparts in the Schengen states, both bilaterally and in the course of discussions among the Twelve.
Commissioner Bangermann
Mr. Allen : To ask the Secretary of State for the Home Department if he will make a statement on his recent meeting with EC Commissioner Bangermann.
Mr. Kenneth Clarke : At my meeting with Vice-President Bangemann on 1 September, it was agreed that
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we should avoid disputes over the interpretation of article 8A of the treaty of Rome and should concentrate instead on practical measures to make it as easy as possible for EC nationals including British citizens to enter and leave the United Kingdom. Discussions with the Commission are continuing.Child Abuse
Dr. Godman : To ask the Secretary of State for the Home Department what proposals he has to change the legislation regarding the cross- examination of child witnesss in cases of alleged child abuse, neglect and sexual abuse ; and if he will make a statement.
Mr. Jack : None, at present. The Criminal Justice Act 1991 introduced new provisions relating to the taking of evidence from children. These provisions derive from the recommendations of Judge Pigot's advisory group and are designed to reduce the stress of criminal proceedings for child witnesses.
In particular, video recorded interviews with child witnesses will now be admissible in place of a child's evidence in chief and the availability of live television links for abused children giving evidence and being cross- examined--introduced by the Criminal Justice Act 1988--will be extended. Under no circumstances will the accused be allowed to question a child in person.
We will be monitoring the effectiveness of these reforms and in the light of experience with them will, of course, consider whether any further changes are needed.
United Kingdom Immigrants Advisory Service
Mr. Winnick : To ask the Secretary of State for the Home Department what is the latest position over the United Kingdom Immigrants Advisory Service and its replacement ; if the UKIAS staff and offices have been retained ; if he will name the members of the replacement committee and where appropriate the organisations they represent ; what arrangements have been made for the election of an executive of the new body ; what funding it will receive from the Government ; and what response has been made by the UKIAS staff to the replacement committee.
Mr. Charles Wardle : I announced in reply to a question from my hon. Friend the Member for Westminster, North (Sir J. Wheeler) on 8 July, column 202-3, that Mr. Humfrey Malins had been invited to lead a planning group outside Government to draw up proposals for a new voluntary body to take over UKIAS's general immigration work and in due course to establish such a body. The members of the group are Baroness Flather, Mr. Alf Dubs, Dr. Z. U. Khan and Ms. Rachel Pickavance. All have been invited to participate as individuals, not as representatives of particular organisations. The planning group hopes by the end of the year to put forward recommendations on the constitution and structure of the new organisation. The group would welcome views from any interested party.
On 24 July UKIAS appointed a standing executive committee, separate from the previous executive committee, to administer the organisation while the planning group does its work. This is chaired by the Reverend David Haslam of the Council of Churches for Britain and Ireland and the members are Mr. Navnit Dholakia of the Commission for Racial Equality, Mrs. Helen Ellis of the Kent Committee for the Welfare of Migrants, Mr. Bob
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Purkiss of the Trade Union Congress and Mrs. Sabiha Shahzad of the National Association of Race Equality Councils. In addition, Mr. Victor Kasinathan is the treasurer and Mr. Andrew Puddephat of Liberty is a co-opted member. The Government are providing funds on a monthly basis so that UKIAS's staff, working from the existing offices, can continue to provide advice and representation for appellants until the successor body is established.Mr. Allen : To ask the Secretary of State for the Home Department what proposals he has to continue the services currently offered by UKIAS.
Mr. Charles Wardle : I refer the hon. Member to the reply given to a question from my hon. Friend the Member for Westminster, North (Sir J. Wheeler) on 8 July, Official Report, column 202-3.
Faroes Citizens
Mr. Bill Michie : To ask the Secretary of State for the Home Department what rules govern the settlement of citizens of the Faroes in the United Kingdom.
Mr. Charles Wardle : Faroe Islanders are not EC nationals and do not, therefore, enjoy the free movement rights set out in the treaty of Rome. Any applications for settlement in the United Kingdom fall to be decided in accordance with the immigration rules.
Metropolitan Police
Sir John Wheeler : To ask the Secretary of State for the Home Department if he will set out in tabular form the annual salary scales for the ranks of commander to commissioner for the Metropolitan police and show for each rank all other allowances payable.
Mr. Charles Wardle : The information requested is set out in the tables.
Table 2 (Allowances)
Officers (excluding the Commissioner) may qualify for the following
allowances:
Allowance |Rate
---------------------------------------------------------------------------------------------------------------
Housing Allowance |£6,529.30 pa Commanders and Deputy
| Assistant Commissioners
|£7,544.96 pa Assistant Commissioners
| and Deputy Commissioner
Rent Allowance |£7,890.00 pa Commanders and Deputy
| Assistant Commissioners
|£9,153.00 pa Assistant Commissioners
| and Deputy Commissioner
London Allowance |£1,011.00 pa
London Weighting |£1,344.00 pa
Supplementary rent
Allowance |£726.12 pa
Uniform Allowance |£287.00 pa
Permanent Plain |£284.72 to Commanders and Deputy
Clothes Allowance | Assistant Commissioners
Table 2 (Allowances)
Officers (excluding the Commissioner) may qualify for the following
allowances:
Allowance |Rate
---------------------------------------------------------------------------------------------------------------
Housing Allowance |£6,529.30 pa Commanders and Deputy
| Assistant Commissioners
|£7,544.96 pa Assistant Commissioners
| and Deputy Commissioner
Rent Allowance |£7,890.00 pa Commanders and Deputy
| Assistant Commissioners
|£9,153.00 pa Assistant Commissioners
| and Deputy Commissioner
London Allowance |£1,011.00 pa
London Weighting |£1,344.00 pa
Supplementary rent
Allowance |£726.12 pa
Uniform Allowance |£287.00 pa
Permanent Plain |£284.72 to Commanders and Deputy
Clothes Allowance | Assistant Commissioners
Sir John Wheeler : To ask the Secretary of State for the Home Department if he will call for a report from the Commissioner of Police of the Metropolis as to how many radio control rooms there are in divisional and other units of the Metropolitan police ; and what is the total number of police officers and civilians employed in them.
Mr. Charles Wardle : In addition to the central command complex at New Scotland Yard, there are 69 divisional control rooms and 11 others in specialist units, with a total staff of 726 police officers and 477 civilians.
Police Salaries
Sir John Wheeler : To ask the Secretary of State for the Home Department if he will set out in tabular form the annual salary scales for the ranks of police constable to chief superintendent with effect from 1 September ; and in the case of London, if he will show for each rank and scale point the London allowance, special London allowance and maximum rent allowance payable, respectively.
Mr. Charles Wardle : The information requested is set out in the table.
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Standard rate housing allowance
|Federated Ranks |Superintendents and
|Chief
|Superintendents
|£ |£
--------------------------------------------------------------------------------
Metropolitan |4,836.51 |5,610.83
City of London |4,807.00 |5,577.00
London Allowance £ 1,011 (for All Ranks)
London Weighting £ 1,344 (for All Ranks)
Standard rate housing allowance
|Federated Ranks |Superintendents and
|Chief
|Superintendents
|£ |£
--------------------------------------------------------------------------------
Metropolitan |4,836.51 |5,610.83
City of London |4,807.00 |5,577.00
Table file CW921019.021 not available
New Refugee Unit
Mr. Morgan : To ask the Secretary of State for the Home Department what proposals he has for establishing a network of advice offices for applicants and appellants regarding political asylum status outside London for the new refugee unit.
Mr. Charles Wardle : It is for the refugee legal centre, as the new refugee unit is now called, to decide where it locates its advice offices. I understand that it has no plans to establish advice offices outside London at present, since the great majority of the centre's clients live in the London area.
Police (BMW Motor Cycles)
Mr. Redmond : To ask the Secretary of State for the Home Department if he will list the police forces that have fleets of BMW 1000cc K100-RT motor cycles ; what is the strength of that fleet ; how many have been taken out of service during the last 12 months as a precautionary safety measure ; and if he will make a statement.
Mr. Charles Wardle : The information requested is not held centrally and could be obtained only at disproportionate cost. Earlier this year, the Association of Chief Police Officers issued advice to forces on measures which could be taken to improve the stability of these and other motorcycles.
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