7. Supplementary Letter from the Rt Hon
Baroness Scotland of Asthal QC, Minister of State, Home Office
THE CASE FOR THE HUMAN RIGHTS ACT, EVIDENCE
SESSION ON MONDAY 30 OCTOBER 2006
Thank you for your letter of 31 October and
for allowing us the opportunity to check the accuracy of the transcript
from the above hearing. I attach a track changed version with
some minor corrections on matters of fact which I hope you will
be able to incorporate.
The Committee also asked for supplementary information
on the following points.
Any further consideration of whether
it would be possible for the Home Office to publish in full its
review of decision making in the criminal justice, immigration
and asylum systems (questions 25-29 refer);
Details of cases where, according
to the Home Secretary, IND's robust approach to deportation of
EEA nationals has been defeated consistently in the courts (question
95 refers); and
Whether the Home Office will publish
a list of cases where deportations of foreign criminals at the
conclusion of their sentences have been suggested and carried
out, or where they have been suggested and not carried out, with
reasons (question 100 refers).
I will deal with each of these in turn.
I have carefully considered your request for
the Home Office to publish its full review of decision making
in the criminal justice, immigration and asylum systems. As I
explained at the hearing, the review was an internal one. The
conclusions and recommendations were published as part of the
CJS rebalancing review in the summer and this, along with the
Lord Chancellor's review, encapsulates the findings we have made
and properly represents the Government's position.
I provided a summary of the review to the Committee
as part of the written evidence and I am happy for this summary
to be made publicly available as part of the evidence from your
EEA NATIONALS CASES
My officials in IND are currently undertaking
an exercise to scope out this information by examining the cases
brought before the Asylum and Immigration Tribunal (AIT) between
April and October 2006. We will write to you by the end of November
once a more comprehensive analysis of these cases is available.
Our policy is not to disclose details of individual cases, but
we will be able to provide, with case details anonymised, overall
figures for appeal outcomes, the nationalities involved and an
analysis of the reasons why the appeals of some EEA nationals
It is not our practise to provide case by case
breakdowns. The IND Director General, Lin Homer, wrote to the
Home Affairs Committee on 9 October and provided the latest and
most accurate figures the Department has on deportation of FNPs.
I attach a copy of her letter. Since April 2006 approximately
3,800 new FNPs have been referred for deportation consideration
and action is now being pursued against around 1,750 individuals.
From May 2006, our records also show that in total over 1,000
FNPs have been removed or deported from the UK.
The Immigration and Nationality Directorate
is currently putting in place new processes to improve its data
collection systems for the future in this area and, as we overhaul,
we will consider publication accordingly of information providing
it is sufficiently accurate and robust to the standards which
Parliament and the public expect.
Finally, at the hearing I offered to look for
additional information in relation to the number of people with
mental health problems remaining in prison. I have asked my officials
to investigate whether it is possible to provide such information.
6 November 2006