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Immigration
Lord Avebury asked Her Majesty's Government:
Whether, following the judgment in the case of R (on the application of B) v London Borough of Merton [2003], they will revise the Immigration and Nationality Department's Operational Enforcement Manual to make it clear that where an applicant claims to be a minor, the decision-maker cannot determine age solely on the basis of applicant's appearance, but must seek to elicit the general background of the applicant, including family circumstances, educational background and activities during the previous few years; and [HL3803 ]
What advice they have received, and from what authorities, on the scientific basis of age determination of teenagers; and what are the margins of error of the methods used by the Immigration and Nationality Department; and [HL3804]
What is the methodology used by Cambridgeshire Social Services in providing age estimates of persons detained at Oakington; what is the average length of time taken to provide these estimates; and why the Immigration and Nationality Department refuses to accept medical evidence provided by a consultant paediatrician. [HL3805]
Baroness Scotland of Asthal: The Immigration and Nationality Directorate (IND) bases age assessments on physical appearance and available documentation. IND will always accept a full social services age assessment that also takes into account wider cultural and social factors. IND does not medically assess applicants to determine age, although it would consider a medical assessment prepared independently for an applicant by a consultant paediatrician.
IND follows the Royal College of Paediatrics and Child Health guidance in its 1999 publication, The Health of Refugee Children—Guidelines for Paediatricians. The royal college has advised that medical age assessment is an "inexact science" and subject to a margin of error of as much as +/- five
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years. It exercises caution about using medical opinion in this complex area particularly if it is not supported by other wider ranging and more complete evidence.
IND is currently reviewing the relevant sections of the Immigration Service's Operational Enforcement Manual in light of the judgment in the case of R (on the application of B) v London Borough of Merton [2003] and will consult with the relevant stakeholders if any changes are required.
Cambridgeshire Social Services is bound by the provisions of the Children Act 1989. Its age assessments are conducted in accordance with published statutory guidance for the assessments of children in need known as the "integrated children's system", which sets out the factors that should be taken into account.
Cambridgeshire Social Services usually aims to provide an age assessment within seven working days of receipt of a request from a legal representative. IND does not hold data on the length of time taken by social services departments to produce age assessments.
National Asylum Support Service
Lord Avebury asked Her Majesty's Government:
What steps they are taking to ensure that the National Asylum Support Service website gives up-to-date information about the management, budgets and accounts of the organisation. [HL3883]
Baroness Scotland of Ashtal: The National Asylum Support Service (NASS) website underwent a significant review in December 2003 and its content is kept updated under regular review. We do not publish individual directorate budgets or accounts.
Lord Avebury asked Her Majesty's Government:
What was the total spend of the National Asylum Support Service (NASS) in 2003–04; what is its budget for 2004–05; and on what estimates of the number of asylum seekers receiving full NASS support and income-only support respectively (and in each case for what average length of time) the budget is based. [HL3882]
Baroness Scotland of Asthal: NASS total expenditure consisting of asylum support, administration and grant was £1,124 million for 2002–03. The final outturn for NASS for 2003–04 is not yet available.
The total resource budget for the Immigration and Nationality Directorate (which includes NASS) in 2004–05 is £1,657 million. The allocation of funding for NASS is not based solely on numbers of asylum seekers but takes into account a range of factors including direct and indirect support costs and cost reduction initiatives.
Lord Avebury asked Her Majesty's Government:
7 Sept 2004 : Column WA129- Support Service, giving in each case the value of the contract, the number of dwellings to which it relates, their capacity, and the date on which the contract expires. [HL3884]
Baroness Scotland of Asthal: Information relating to the contracts National Asylum Support Service (NASS) has with accommodation providers cannot be released because it is commercial in confidence. However I am able to say that NASS has 22 contracts across all providers. Fourteen of the contracts are due to expire between March and November 2005. The remaining eight contracts are due to expire in 2006. In 2002–03, the last year for which figures are available, NASS spent £594 million on accommodation.
Harmondsworth Immigration Removal Centre
Lord Avebury asked Her Majesty's Government:
Whether the insurance policy on H M Removal Centre Harmondsworth will cover the cost of repairing the recent damage as well as additional expense incurred by the Immigration and Nationality Directorate on providing alternative accommodation, together with facilities for the interviewing and, where necessary, escorting and removal of Harmondsworth inmates, while repairs are being carried out. [HL3946]
Baroness Scotland of Asthal: The insurance contract requires the contractor to effect insurance in respect of these expenses, and confirmation of the coverage being in place has been received. The policy should therefore respond to both damage caused and additional expenses incurred subject to the specific terms and conditions, including deductibles, of the policy.
Beggars: Prosecution
Earl Russell asked Her Majesty's Government:
Baroness Scotland of Asthal: From the end of July this year, begging will be included as a trigger offence under the criminal justice interventions programme. This will mean that those charged with begging will be drug tested and will enhance their opportunities for the underlying causes of their behaviour to be addressed and to root out repeat offending by offering treatment.
We need to ensure that we address the underlying causes of those who beg. If we help those who beg because of drug use to get access to effective treatment we help them, help communities and help those intimidated by begging. Better use of enforcement powers and alternative giving schemes will help to address the underlying and immediate problems.
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Asylum Applications
Earl Russell asked Her Majesty's Government:
Given the commitment in the Comprehensive Spending Review to produce savings by halving the number of people applying for asylum in the United Kingdom, to what extent the Goverment can control this figure. [HL3981]
Baroness Scotland of Asthal: The Government recognise the limited control they have over factors that may lead to an increase in the number of people applying for asylum in the United Kingdom. Concerted effort is required on a number of fronts. The work that the Department for International Development (DfID) and the Foreign and Commonwealth Office (FCO) do to reduce poverty, human rights abuse and conflict in poor or badly governed countries helps to remove the conditions which produce asylum-seeking. The Government have also put in place a range of measures designed to tackle abuse of the system which have already contributed to a reduction of more than 50 per cent in the number of new applications when compared to the peak of October 2002. The Government will continue to seek further reductions in asylum intake through relentless implementation of such measures.
The range of measures includes:
Juxtaposed Controls—the establishment of frontier control zones in key locations overseas to enable UK immigration officers to consider and decide the admissibility of passengers prior to embarkation to the UK. Such controls currently operate at Coquelles, Calais, Dunkirk, Boulogne, Eurostar stations in France and Eurostar stations in Belgium for direct services to the UK.
Deployment of new detection technology at key continental ports for the effective searching of vehicles before embarking on ships to the UK.
An informed visa strategy (including direct airside transit visas) designed to establish qualification for entry before arrival, and which is kept under regular review with requirements, imposed or lifted in response to immigration pressures and wider considerations.
The expansion of the airline liaison officers network abroad offering advice and training to the airlines to control the number of inadequately documented arrivals by air.
Alongside this, a number of key initiatives are designed to reduce the attractiveness of the UK as an asylum-seeking destination including the non-suspensive appeals provision (NSA); the Harmondsworth fast track pilot; restricted access to NASS support (RANS).
In addition measures in the Asylum & Immigration (Treatment of Claimants, etc) Bill will ensure that asylum seekers do not benefit by destroying their documents to prevent removal and will help to make the appeals system faster.
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