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Lord Roberts of Llandudno asked Her Majesty's Government:
What are the basic qualifications required for human trafficking caseworkers in the United Kingdom. [HL220]
Baroness Scotland of Asthal: The minimum qualifications required for caseworkers recruited by external competition who consider asylum claims are
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two A-levels and five GCSEs including English. All such caseworkers receive comprehensive training, including how to question applicants about their journey to the United Kingdom, which may include trafficking issues, and how to deal with victims of torture and other forms of serious abuse such as trafficking.
Lord Roberts of Llandudno asked Her Majesty's Government:
Whether they will ensure that female legal representation is made available at the initial interview of victims in cases where human trafficking has been suspected. [HL221]
Baroness Scotland of Asthal: While every effort is made to ensure that interviews are conducted in a manner that is appropriate and professional, it would not be possible to guarantee that female legal representation is available. Where individuals are arrested during the course of police or immigration operations, they are taken to the police station to be interviewed. They have the right to speak to an independent solicitor, free of charge, via the Duty Solicitor scheme. This is an independent scheme and the Immigration Service has no control over who is sent to represent the victim. Alternatively, the victim may request that a solicitor of her choice is called to represent her.
Where a victim of trafficking is supported under the Poppy Project, interviews are conducted at the properties of Eaves Housing. It is open to the individual to have a legal representative present, and this would be organised by the victim, or representatives from the project, and would be of their choosing. In addition the Immigration Service will, wherever possible, provide female interpreters to assist with the interview.
Lord Roberts of Llandudno asked Her Majesty's Government:
How many times they have withdrawn objections to asylum applicants where it is suspected that the applicant has been the victim of human trafficking. [HL222]
Baroness Scotland of Asthal: Asylum applications from victims of trafficking are, as with all such applications, considered on their individual merits. Caseworkers will decide whether the applicant has demonstrated a well-founded fear of persecution in their country for the reasons set out in the 1951 Convention relating to the Status of Refugees. If the applicant does not qualify for refugee status consideration will be given to whether they qualify for humanitarian protection or discretionary leave. The consideration of both humanitarian protection and discretionary leave will include an assessment of whether the applicant's human rights would be infringed were they to be removed from the UK.
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Throughout the consideration process any information relating to trafficking would be taken into account, alongside all the other factors relating to the application. This includes information submitted before or after an initial decision on the application.
Some form of limited leave will normally be granted only because of a future risk to an individual. However, there is discretion to grant limited leave to a person in other exceptional circumstances, for example to enable a victim of human trafficking, who is a witness in criminal proceedings, to give evidence in those proceedings.
Statistics are not published on the reasons for which refugee status, humanitarian protection or discretionary leave are granted.
Extradition Act 2003
Lord Avebury asked Her Majesty's Government:
Which countries are designated under Section 193 of the Extradition Act 2003, which allows extradition to take place where it is provided for under an international treaty, in the absence of formal extradition arrangements. [HL244]
Baroness Scotland of Asthal: A designation order to designate countries under Section 193 of the Extradition Act 2003 is about to be laid before Parliament.
This order will be subject to the negative resolution procedure.
Biometrics
The Earl of Northesk asked Her Majesty's Government:
What is the rationale for the requirement to introduce biometrics in order to comply with international travel and passport regulations. [HL254]
Baroness Scotland of Asthal: The International Civil Aviation Organisation (ICAO) has for some years been working on placing biometrics in passports, stored in an electronic form. This is to facilitate faster and more effective passenger processing while also enhancing the security of the travel document. The United Kingdom is working to comply with this new standard as well as ensure we maintain our US visa waiver status by expediting this programme.
Central London: Violent Offences
Lord Avebury asked Her Majesty's Government:
How many stabbings, incidents involving the use or threatened use of firearms, and other offences of violence against the person were reported to the police as occurring in the West End central and Charing Cross police sectors on the night of 20–21 November betwen 11 p.m. and 6 a.m. [HL278]
Baroness Scotland of Asthal: This information is not kept centrally. I have asked the Commissioner of the Metropolitan Police to write to the noble Lord.
Democratic Republic of Congo
Lord Hylton asked Her Majesty's Government:
What is their policy regarding asylum claimants arriving in the United Kingdom from the Democratic Republic of Congo; and whether it is their practice to return unsuccessful applicants from the whole of that country, or from certain provinces only. [HL286]
Baroness Scotland of Asthal: All applications from Congolese nationals are considered on their individual merits and we will grant asylum or other forms of leave where appropriate. Where applicants have their asylum claims refused and have any appeal dismissed they can in our view return safely to the DRC.
All returns of DRC nationals are made to Kinshasa Airport, which is open to international flights. Returns are not made to any other part of the country due to the poor security situation that exists in large parts of the country and the poor transport infrastructure. The question of whether to return unsuccessful applicants who originate from outside Kinshasa is considered in the light of the individual circumstances in each case.
Immigration Acts: Persons in Detention
Lord Hylton asked Her Majesty's Government:
How many men, women and children respectively, in how many detention centres, were in detention under the Immigration Acts at the most convenient recent date; how many of the women were pregnant; and how many in total were held in prisons. [HL287]
Baroness Scotland of Asthal: Information on persons recorded as being in detention in the United Kingdom solely under Immigration Act powers as at 25 September 2004 is shown in the following table.
On 25 September 2004, 40 children were detained solely under Immigration Act powers. Of these, 30 were held at Oakington Reception Centre and five at Tinsley House. The remaining cases were either age dispute cases held at other immigration removal centres while their age assessements were being carried out, or young children held at mother and baby units in prisons with their mother while awaiting removal. Further details of these cases (less than three in total) cannot be disclosed due to national statistics protocols on confidentiality.
There are no data available on the number of detained women who were pregnant. Pregnant women would not normally be considered suitable for detention, unless there is the clear prospect of early removal and medical advice suggests no question of confinement prior to this. Pregnant women (less than 26 weeks) may also be detained as part of the fast-track asylum process at Oakington Reception Centre.
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The total number of persons held in prison as at 25 September was 150. However, an assessment undertaken in spring 2004 of figures supplied by IND highlighted possible under-counting on immigration detainees held in prisons for removal/deportation at the end of their criminal sentences. Work to reconcile these data is continuing.
Information on numbers detained is published on a quarterly and annual basis. The next quarterly statistics, providing the numbers detained at the end of December, will be available in February on the Home Office Research Development and Statistics Directorate website at http://www.homeoffice.gov.uk/rds/immigration1.html
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