House of Commons Hansard Written Answers for 30 Oct 2001 (pt 13)

SOLICITOR-GENERAL

Racial Hatred

Mr. Gerrard: To ask the Solicitor-General how many people have been (a) charged and (b) convicted for incitement to racial hatred in each year for which figures are available. [10284]

30 Oct 2001 : Column: 607W

The Solicitor-General: Records for prosecutions for incitement of racial hatred under part III of the Public Order Act 1986 have been kept since 1988. The records relate to the year that the application for consent to prosecute was dealt with and so it is not possible to state with any certainty how many prosecutions resulted in convictions in any given year. The number of applications for consent to prosecute for each year since 1988, the number of prosecutions arising and the convictions obtained are summarised in the table.

Also, figures published in the Crown Prosecution Service Racist Incident Monitoring Annual Report 1999–2000 show that the number of racist incidents sent

30 Oct 2001 : Column: 608W

for prosecution rose from 1,603 in 1998–99 to 2,417 in 1999–2000. Prosecutions were brought against 1,832 defendants (76 per cent.) on 2,651 charges. Guilty pleas were tendered on 66 per cent. of the charges and there were convictions after trial on another 12 per cent. of the charges. In total 2,078 (79 per cent.) of the 2,651 charges prosecuted resulted in convictions.

Almost half the prosecutions prosecuted were new offences of racially aggravated crime brought under the Crime and Disorder Act 1998, which came into force in September 1999. A high proportion of the remaining offences contained admissible evidence of racial aggravation and were prosecuted under other legislation.

Consent applications and prosecutions since 1988 under Part III of the Public Order Act 1986

Year Number of Attorney-General consent applications (per defendant) Withdrawn Not granted Prosecuted ⁽⁵⁾Convicted

1988 3 — 1 2 2

1989 1 — — 1 1

1990 2 — — 2 2

1991 4 — 1 3 1

1992 5 — 2 3 2

1993 2 — — 2 2

1994 2 — — 2 2

1995 8 1 — 7 6

1996 13 1 — 12 9

1997 12 — 2 10 9

1998 2 1 — 1 1

1999 4 — — 4 3

2000 5 — — 5 ⁽⁶⁾2

2001 to date 7 — — 7 ⁽⁷⁾

Year	Number of Attorney-General consent applications (per defendant)	Withdrawn	Not granted	Prosecuted	⁽⁵⁾Convicted
1988	3	—	1	2	2
1989	1	—	—	1	1
1990	2	—	—	2	2
1991	4	—	1	3	1
1992	5	—	2	3	2
1993	2	—	—	2	2
1994	2	—	—	2	2
1995	8	1	—	7	6
1996	13	1	—	12	9
1997	12	—	2	10	9
1998	2	1	—	1	1
1999	4	—	—	4	3
2000	5	—	—	5	⁽⁶⁾2
2001 to date	7	—	—	7	⁽⁷⁾

⁽⁵⁾ Not necessarily in the same year

⁽⁶⁾ Two results outstanding

⁽⁷⁾ Results awaited

PRIME MINISTER

Prime Minister's Powers

Mr. Allen: To ask the Prime Minister further to his reply of 15 October 2001, Official Report, columns 818–19W, on the Prime Minister's powers, if he will list the 50 specific references in statute to Prime Ministerial powers. [10546]

The Prime Minister: I have placed in the Library of the House a list of the statutory references to the title 'Prime Minister'.

Afghanistan

Jeremy Corbyn: To ask the Prime Minister what discussions he has had with President Bush on the use of cluster bombs by coalition forces in Afghanistan; and what restrictions were agreed on their use. [11443]

The Prime Minister: I am in close contact with the US on all aspects of the response to the 11 September attacks, including at the military planning level.

The cluster bombs used in Afghanistan do not contain anti-personnel landmines and are therefore legitimate weapons which have not been prohibited by any treaty or convention. They are used with discretion and proportionality as international law requires, and against legitimate and appropriate terrorist and military targets that are selected with great care.

Mr. Dalyell: To ask the Prime Minister if he will consult President Bush on initiating talks with the Government of Iraq concerning the Taliban and Osama bin Laden. [9873]

The Prime Minister: I am in regular contact with President Bush on a wide range of issues including those relating to the current situation in Afghanistan. There are no plans at present to discuss initiating talks with the Government of Iraq.

HOME DEPARTMENT

Asylum Seekers

Jeremy Corbyn: To ask the Secretary of State for the Home Department what, for each month of (a) 1998, (b) 1999, (c) 2000 and (d) 2001 to date, was the total number of Afghanistan nationals who have (i) applied for asylum, (ii) been granted refugee status, (iii) been refused asylum, (iv) been granted asylum on appeal and (v) been deported. [11444]

Angela Eagle: The available data on applications and initial decisions are included in the table.

30 Oct 2001 : Column: 609W

The Immigration Appellate Authority allowed five appeals (to nearest five) from Afghan nationals in 1998. Data on appeal outcomes by nationality are not available for 1999, 2000, or 2001. Mechanisms are now in place to enable the production of such statistics for 2001, but their publication is pending data quality checks to guarantee their reliability.

30 Oct 2001 : Column: 610W

Monthly data on the removal of Afghan asylum applicants are unavailable. In 1998, 15 Afghan applicants (to nearest five) were removed or departed voluntarily following the initiation of enforcement action against them. Information on the number of Afghan applicants removed from the United Kingdom between 1999 and 2001 is unavailable.

Applications received for asylum in the UK, excluding dependants, and initial decisions, for nationals of Afghanistan, 1998–2001⁽⁸⁾

Cases considered under normal procedures⁽¹¹⁾ Backlog clearance exercise⁽¹²⁾

Month Applications⁽⁹⁾ Total decisions⁽¹⁰⁾ Grants of asylum Grants of ELR Total refusals Granted asylum or ELR under backlog criteria⁽¹³⁾ Refused under backlog criteria⁽¹⁴⁾

1998

January 110 55 * 25 25 — —

February 90 150 — 140 5 — —

March 150 130 5 120 5 — —

April 115 140 * 140 5 — —

May 140 80 * 80 — — —

June 175 135 * 130 * — —

July 180 165 * 160 5 — —

August 275 230 5 225 * — —

September 255 240 5 235 * — —

October 260 140 5 130 5 — —

November 310 90 5 80 5 — —

December 325 45 5 35 5 — —

Total 2,395 1,600 35 1,500 65 — —

1999⁽¹⁵⁾

January 275 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

February 255 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

March 285 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

April 295 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

May 295 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

June 370 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

July 330 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

August 415 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

September 355 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

October 355 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

November 375 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

December 380 ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾— ⁽¹⁶⁾—

Total 3,975 1,295 15 1,180 90 10 —

2000

January 315 40 * 15 20 5 —

February 460 100 5 30 65 — —

March 365 130 10 35 85 — —

April 510 135 15 50 70 — —

May 430 120 10 45 65 * —

June 395 120 5 25 85 * —

July 405 125 15 30 80 — —

August 495 180 15 40 120 * —

September 535 175 10 30 135 — —

October 560 410 45 30 340 — —

November 550 515 115 110 285 — —

December 535 545 130 255 160 — —

Total 5,555 2,590 375 695 1,515 10 —

2001⁽¹⁷⁾

January 510 1,020 175 555 290 — —

February 615 1,320 225 785 310 — —

March 680 2,045 375 1,215 450 — —

April 700 930 195 550 185 — —

May 900 1,025 220 615 190 — —

June 910 985 220 600 165 — —

July 810 875 220 485 165 — —

Total 5,120 8,195 1,635 4,800 1,760 — —

			Cases considered under normal procedures⁽¹¹⁾	Backlog clearance exercise⁽¹²⁾
Month	Applications⁽⁹⁾	Total decisions⁽¹⁰⁾	Grants of asylum	Grants of ELR	Total refusals	Granted asylum or ELR under backlog criteria⁽¹³⁾	Refused under backlog criteria⁽¹⁴⁾
1998
January	110	55	*	25	25	—	—
February	90	150	—	140	5	—	—
March	150	130	5	120	5	—	—
April	115	140	*	140	5	—	—
May	140	80	*	80	—	—	—
June	175	135	*	130	*	—	—
July	180	165	*	160	5	—	—
August	275	230	5	225	*	—	—
September	255	240	5	235	*	—	—
October	260	140	5	130	5	—	—
November	310	90	5	80	5	—	—
December	325	45	5	35	5	—	—

Total	2,395	1,600	35	1,500	65	—	—
1999⁽¹⁵⁾
January	275	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
February	255	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
March	285	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
April	295	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
May	295	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
June	370	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
July	330	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
August	415	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
September	355	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
October	355	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
November	375	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—
December	380	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—	⁽¹⁶⁾—

Total	3,975	1,295	15	1,180	90	10	—
2000
January	315	40	*	15	20	5	—
February	460	100	5	30	65	—	—
March	365	130	10	35	85	—	—
April	510	135	15	50	70	—	—
May	430	120	10	45	65	*	—
June	395	120	5	25	85	*	—
July	405	125	15	30	80	—	—
August	495	180	15	40	120	*	—
September	535	175	10	30	135	—	—
October	560	410	45	30	340	—	—
November	550	515	115	110	285	—	—
December	535	545	130	255	160	—	—

Total	5,555	2,590	375	695	1,515	10	—
2001⁽¹⁷⁾
January	510	1,020	175	555	290	—	—
February	615	1,320	225	785	310	—	—
March	680	2,045	375	1,215	450	—	—
April	700	930	195	550	185	—	—
May	900	1,025	220	615	190	—	—
June	910	985	220	600	165	—	—
July	810	875	220	485	165	—	—

Total	5,120	8,195	1,635	4,800	1,760	—	—

⁽⁸⁾ Figures rounded to nearest 5, with * = 1 or 2

⁽⁹⁾ May exclude some cases lodged at local enforcement offices between January 1999 and March 2000

⁽¹⁰⁾ Information is of initial decisions, excluding the outcome of appeals or other subsequent decisions

⁽¹¹⁾ Cases considered under normal procedures may include some cases decided under backlog criteria

⁽¹²⁾ Cases decided under measures aimed at reducing the pre 1996 asylum application backlog

⁽¹³⁾ Includes cases where asylum or ELR has been granted under the backlog criteria

⁽¹⁴⁾ Includes some cases where the application has been refused on substantive grounds

⁽¹⁵⁾ 1999 data on decisions are not available by month due to problems with data quality

⁽¹⁶⁾ Not available

⁽¹⁷⁾ Provisional data

30 Oct 2001 : Column: 611W

Mr. Wilshire: To ask the Secretary of State for the Home Department how many asylum seekers in Spelthorne borough are funded by the Government. [11192]

Angela Eagle: Figures are not available by borough for those asylum seekers receiving support under the national asylum support scheme, nor is information available centrally on the number of asylum seekers supported under the interim support scheme in the Spelthorne borough.

Statistics from the national asylum support service (NASS) for the end of July 2001 show that 13,160 ¹ ^, ² asylum seekers (including dependants) were receiving voucher-only support from NASS and were staying in the London region, which includes Spelthorne. A further 680 ¹ ^, ² asylum seekers (including dependants) were being supported in NASS accommodation in the London region ³ .

¹ Figures rounded to the nearest 10.

² Cases which have had their support ceased are excluded from these figures.

³ It is NASS policy to allocate accommodation in London only in exceptional circumstances such as medical reasons.

Mr. Gerrard: To ask the Secretary of State for the Home Department what additional provision is being made available for asylum-seeker women who are

30 Oct 2001 : Column: 612W

HIV positive, who are not able to breastfeed their children, and who are not entitled to milk tokens or section 17 payments. [10283]

Angela Eagle: Asylum-seeking mothers who are supported by the national asylum support service (NASS) may claim additional support on the birth of their baby, amounting to £30.95 per week. They may also be eligible for a maternity payment of £300. Asylum-seeking women who are HIV positive, and who are not able to breastfeed their babies, are not eligible for any other additional support under the NASS scheme.

Ms Buck: To ask the Secretary of State for the Home Department how many people he estimates are resident in this country on the basis of (a) indefinite leave to remain, (b) exceptional leave to remain first granted before 31 March 1996 and (c) full refugee status. [10175]

Angela Eagle: The table provides data on those persons granted settlement in the United Kingdom, ie granted the right to stay indefinitely, in each year from 1990 to 2000.

However, it is not possible to determine how many people are resident in the United Kingdom at any one time on the basis of their immigration status. Information on those granted indefinite leave to remain who die or subsequently leave the United Kingdom is not recorded.

Acceptances for settlement 1990 to 2000

Number of persons

1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000

All acceptances⁽¹⁸⁾ 53,200 53,900 52,570 55,640 55,010 55,480 61,730 58,720 69,790 97,120 125,090

Refugees and persons given exceptional leave to remain⁽¹⁹⁾^,⁽²⁰⁾ 1,130 990 1,780 3,990 3,290 1,600 4,200 4,830 6,680 22,500 24,840

Of which:

Recognised refugees⁽¹⁹⁾^,⁽²⁰⁾^,⁽²¹⁾ 930 750 1,280 2,850 2,260 680 1,120 2,400 4,270 22,500 24,840

Persons given exceptional leave to remain⁽¹⁹⁾^,⁽²⁰⁾ 200 240 500 1,140 1,030 920 3,080 2,430 2,410

All other acceptances⁽¹⁸⁾ 52,070 52,910 50,790 51,650 51,720 53,880 57,530 53,890 63,110 74,620 100,250

											Number of persons
	1990	1991	1992	1993	1994	1995	1996	1997	1998	1999	2000
All acceptances⁽¹⁸⁾	53,200	53,900	52,570	55,640	55,010	55,480	61,730	58,720	69,790	97,120	125,090
Refugees and persons given exceptional leave to remain⁽¹⁹⁾^,⁽²⁰⁾	1,130	990	1,780	3,990	3,290	1,600	4,200	4,830	6,680	22,500	24,840
Of which:
Recognised refugees⁽¹⁹⁾^,⁽²⁰⁾^,⁽²¹⁾	930	750	1,280	2,850	2,260	680	1,120	2,400	4,270	22,500	24,840
Persons given exceptional leave to remain⁽¹⁹⁾^,⁽²⁰⁾	200	240	500	1,140	1,030	920	3,080	2,430	2,410
All other acceptances⁽¹⁸⁾	52,070	52,910	50,790	51,650	51,720	53,880	57,530	53,890	63,110	74,620	100,250

⁽¹⁸⁾ Includes spouses and dependants (including spouses and dependants of refugees and persons granted exceptional leave to remain)

⁽¹⁹⁾ Accepted in own right (excludes spouses and dependants)

⁽²⁰⁾ The information in the table relates to the total number of persons granted settlement (indefinite leave to remain) in any one year and does not necessarily relate to the year that refugee or exceptional leave status was granted

⁽²¹⁾ Includes refugees from South East Asia and their dependants and persons granted settlement under measures aimed at reducing the pre-July 1993 backlog as announced in the White Paper in July 1998

Mrs. Ellman: To ask the Secretary of State for the Home Department how many recent representations the national asylum support service has received in relation to management and support services at Landmark and the Inn on the Park in Everton, Liverpool; and what the nature of those representations was. [10207]

Angela Eagle: I refer my hon. Friend to the reply I gave on 19 October 2001, Official Report, column 1394W. No further representations have been received since that date.

Next Section

Index

Home Page