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Asylum Decisions
Lord Hylton asked Her Majesty's Government:
- Further to the Statement by the Baroness Scotland of Asthal on 15 March (HL Deb, col. 119), what specific measures they intend to take to secure "the improvement of the initial decision-making process" in refugee cases; and whether they will earmark funds for this purpose.[HL1962]
Baroness Scotland of Asthal: The Government are committed to delivering high quality decisions at all stages of the asylum system. Many improvements have already been made, including setting a specific target for decision quality, introducing quality assurance systems involving both internal and external assessment, enhanced training and use of language testing.
We are determined to build on these improvements to ensure that the highest standards are consistently achieved. We are discussing with the United Nations High Commissioner for Refugees how they might work with us to provide an additional external assessment of the quality of decisions. We are looking at other ways of strengthening the quality of assurance systems, including sampling a cohort of the same cases at each stage of the initial decision process. We are developing greater external input to our training from other organisations with specialist skills and have introduced the Independent Country Information Advisory Panel to ensure that the country information is as accurate, objective and up to date as possible. These and other measures will continue to drive up the quality of initial decisions.
Despite the rapid fall in the number of asylum applications in 2003, down to 49,370 and 41 per cent lower than in 2002, we have maintained the resources available for decision-making on asylum claims. This has enabled us to reduce the backlog of outstanding applications to 24,500—the lowest level for a decade—and to increase the investment in initial and refresher training for asylum caseworkers. ra
Terrorist Organisations
Lord Turnberg asked Her Majesty's Government:
- Whether they will add the political wing of Hamas to the proscribed list of terrorist organisations in light of that group's recent announcement that it was responsible for recruiting, training and deploying the British suicide bombers who killed three Israelis and injured many others in 'Mike's Place' bar in Tel Aviv in April 2003.[HL1967]
Baroness Scotland of Asthal: Decisions to proscribe and de-proscribe are and will continue to be taken only after the most careful consideration and on the basis of the best possible security and other appropriate advice. That will remain the basis for all decisions in the future.
Habitual Residence Test
Earl Russell asked Her Majesty's Government:
- Further to the Written Answer by the Baroness Hollis of Heigham on 9 March (WA 165), what has been the cost so far of litigation arising from Nationality, Immigration and Asylum Act 2002.[HL2004]
Baroness Scotland of Asthal: It is not possible to identify these costs separately within the Immigration and Nationality Directorate's expenditure.
Home Secretary: Special Adviser
Lord Lester of Herne Hill asked Her Majesty's Government:
- What are the areas of Home Office policy within the scope of work done by Dr Matt Cavanagh, special adviser to the Home Secretary; and whether those areas include the Government's policies or practices as regards equality of opportunity, or legislation and practice regarding race relations, immigration and asylum or the functions of the proposed Equality and Human Rights Commission.[HL2032]
Baroness Scotland of Asthal: Dr Cavanagh is responsible for advising the Home Secretary on the development and communication of policy and practice in the following areas: immigration, nationality, and asylum; race and community cohesion; citizenship and active communities; Europe; research and statistics.
Equal opportunity policy cuts across most government departments and is a government policy rather than the responsibility of any single department though the Home Office has specific responsibility for race equality and social cohesions.
Work on the proposed Equality and Human Rights Commission involves several government departments, including the Home Office, and is co-ordinated by the Department of Trade and Industry (DTI). ra
Maghaberry Prison
Lord Eames asked Her Majesty's Government:
- What plans they have for future development of HM Prison Maghaberry in relation to asylum seekers.[HL2066]
Baroness Scotland of Asthal: We have no plans for future development of Her Majesty's Prison Maghaberry in relation to asylum seekers.
Lord Eames asked Her Majesty's Government:
- Whether they are satisfied that current facilities in HM Prison Maghaberry are appropriate for the detention of those seeking asylum in the United Kingdom.[HL2067]
Baroness Scotland of Asthal: We are satisfied that the current facilities in Her Majesty's Prison Maghaberry are appropriate for the accommodation of immigration detainees who wish to remain in Northern Ireland rather than be transferred to an Immigration Service removal centre in Great Britain.
The location of immigration detainees at HMP Maghaberry is separate from the main prison population and every effort is made to cater for their needs. These detainees are managed as untried prisoners with a more favourable regime, which is more akin to that of enhanced prisoners.
Lord Eames asked Her Majesty's Government:
- Whether they are satisfied that all alternatives to HM Prison Maghaberry as a location for those seeking asylum in the United Kingdom have been examined.[HL2068]
Baroness Scotland of Asthal: We have no plans at present to end the use of Her Majesty's Prison Maghaberry for the very small numbers of immigration detainees who express a preference to remain in Northern Ireland rather than be transferred to an Immigration Service removal centre in Great Britain. The small numbers of individuals concerned, usually fewer than 10 at any one time, would not be sufficient to make a dedicated detention facility in Northern Ireland viable to establish or operate.
Asylum Seekers: Care Needs
Lord Lester of Herne Hill asked Her Majesty's Government:
- What action has been taken to implement the recommendations of the 2002 Joseph Rowntree Foundation study, Disabled People in Refugee and Asylum-Seeking Communities in Britain.[HL2084]
Baroness Scotland of Asthal: Since the study was published in 2002, the respective responsibilities of the National Asylum Support Service (NASS) and local authorities have been clarified in the House of Lords (R vWestminster City Council (ex parte NASS)). On 25 March 2004, the Home Office issued a consultation document on proposals for the support of asylum seekers with care needs. The consultation document aims at establishing a clear process for asylum seekers with care needs so that they can receive appropriate care and that the most vulnerable cases are recognised, and suitable care organised, at the earliest opportunity.
NASS has special teams that deal with complex and specific cases of need.
All NASS staff receive induction training that covers race and equality issues. It is important that all staff dealing with people with diverse needs are properly equipped to both understand and help meet them as required. The approach in NASS is to ensure our staff treat people with dignity, civility and understanding and our learning and development opportunities focus on this approach.
NASS officials are also working with a local authority-led working group that is considering how to collect data on asylum seekers with care needs.
We have also introduced induction centres. As part of the induction centre process health screening, including an assessment of primary healthcare needs, is offered. The asylum seeker is given a record of the health assessment to take with them on dispersal. ra
Children Bill [HL]
Lord Hylton asked Her Majesty's Government:
- Whether in the context of the Children Bill they will withdraw their reservation to the United Nations Convention on the Rights of the Child, as regards children affected by immigration legislation; and, if not, why not.[HL2092]
Baroness Scotland of Asthal: The Government have no plans to withdraw the United Kingdom's immigration and nationality reservation to the United Nations Convention on the Rights of the Child. No child in the United Kingdom is deprived of UN rights but entry to the United Kingdom solely to claim such rights should not be permitted. It would not be right for the immigration rules to be utilised simply in order to make use of convention rights when there already exists in United Kingdom law comprehensive provision for the care and protection of children. The Children Bill does not alter the Government's conclusion that the reservation is necessary to maintain an effective immigration control.
Failing to Stop After a Road Traffic Accident
Viscount Simon asked Her Majesty's Government:
- How many offences of failing to stop after a road traffic accident resulting in injury were committed in the five years prior to 1 October 2001; and[HL2146]
How many offences of failing to stop after a road traffic accident resulting in injury have been committed since October 2001 when this became an arrestable offence; and how many drivers have been arrested; and[HL2147]
If no statistics exist in respect of failing to stop after a road traffic accident resulting in injury, what measures they will put in place to ensure that such statistics are collected.[HL2149]
Baroness Scotland of Asthal: Within England and Wales information on the number of offences committed by drivers and the number of drivers arrested for the offence of failing to stop after road traffic accident is not collected centrally. ra
Available information given in table A shows the number of offences proceeded against by result for the offence of failing to stop after an accident under the Road Traffic Act 1988 Section 170 (4) from 1997 to 2001, England and Wales (latest available).
There are no current plans to separate those offences of failing to stop after an accident, which result in injury from those resulting in damage or both.
For Scotland available information, given in table B, is taken from the Scottish Executive Justice Department's court proceedings database, and shows the number of persons proceeded against, and the number of crimes recorded by the police, where the main crime/offence was failing to stop or report a road traffic accident.
There are no current plans to separate those offences which result in injury from those which result in damage or both injury and damage.
As failing to stop after a road traffic collision is not a recordable offence the Police Service of Northern Ireland does not therefore record these statistics. The offence is not an arrestable offence in Northern Ireland and there are no plans at present to record such information.
| 1997 | 1998 | 1999 | 2000 | 2001 | |
| Total proceedings | 15,829 | 15,387 | 14,923 | 14,663 | 15,392 |
| Total findings of guilt | 10,172 | 9,785 | 9,403 | 9,190 | 9,212 |
(1) Offences under s. 170(4) of the Road Traffic Act 1988.
1996 1997 1998 1999 2000 2001 2002
Crimes recorded by police 9,405 9,356 9,594 9,150 8,884 7,749 7,226
Persons proceeded against 1,033 1,041 853 861 715 462 542
of which, charge proved 956 892 745 631 460 462 439
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