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Section 10 offences include overstaying, working in breach of conditions, claiming public funds in breach of conditions, and obtaining leave to remain by deception.

These figures do not constitute part of national statistics as they are based on internal management information. The information has not been quality assured under national statistics protocols, should be treated as provisional and is subject to change.

PeriodIllegal Entry ArrestsSection 10 Arrests

Oct 2006-Mar 2007

2,546

1,337

2007-08

4,626

3,924

2008-09

4,362

3,739

Asked by Baroness Warsi

Lord West of Spithead: Applicants whose application and any associated appeal is finally rejected are expected to leave the country. If they do not do so action will be taken to enforce their removal. In 2008, case ownership was introduced for all in-country cases.

Further information on the UK Border Agency's enforcement strategy is available to view at http://www.ukba.homeoffice.gov.uk/managingborders/enforcement/.

Asked by Baroness Warsi

Lord West of Spithead: The list of unacceptable behaviours was announced by the then Home Secretary, Charles Clarke, in Press Release 124/05, on 24 August 2005, and published on the Home Office website at that time.



7 July 2009 : Column WA139

Asked by Lord Hylton

Lord West of Spithead: The UK's family reunification policy is laid out in Part 8 of the Immigration Rules (HC 395), covering family members. The Immigration Rules state that sponsors must be present and settled in the UK, in order for an application under one of the family reunification routes to be successful. The only exception to this is where the sponsor, following an asylum claim, has been granted five years, limited leave as a refugee or five years, temporary protection (ie humanitarian protection). In both circumstances, where only limited leave has been granted to the sponsor, an application for family reunification will be considered under Part 11 of the Immigration Rules.

There are differences between family reunification rights under Community law for EEA nationals (directive 2004/38/EC) and UK immigration provisions, mainly that the definitions of family members are different and the concept of extended family members is present in the directive only.

The UK is not a signatory to the Council directive 2003/86/EC on family reunification and as such does not actively encourage/discourage family reunion from other member states. EU nationals are entitled to exercise their free movement rights under the free movement directive 2004/38/EC accordingly.

The UK has no immediate plans to change policy with reference to family reunification.

Asked by Lord Rooker

Lord West of Spithead: Educational institutions have been able to apply for a sponsor licence under tier 4 since 28 July 2008. Tier 4 itself was implemented on 31 March 2009. Since then, all non-EEA students applying to enter or remain in the UK have done so under the new tier 4 arrangements. On 1 June 2009 there was a further update to the application form and guidance. This is available on the UK Border Agency website with a summary of the recent key changes to tier 4 at http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/pbs-new-forms-for-students.

Insurance Companies

Question

Asked by Lord Burnett

The Financial Services Secretary to the Treasury (Lord Myners): The Financial Services Authority has an extensive set of requirements that apply to the marketing and selling of these products and to the way that the companies that offer them manage their business. These requirements have a number of purposes. They aim to ensure that the investor receives appropriate information about the product, including on the costs and risks of investing, so as to be able to make decisions on an informed basis. Where advice is given, any product recommended must be suitable for the needs of the investor. Other parts of the regulatory regime are concerned with the maintenance of firms' financial soundness and with the fair treatment of customers including responding to any complaints. The Financial Services Authority monitors the operation of this regulatory regime through a risk-based supervisory system.

Internet: Privacy

Questions

Asked by Baroness Miller of Chilthorne Domer

The Parliamentary Under-Secretary of State, Home Office (Lord West of Spithead): In July 2008 the European Commission commenced an exchange of letters with the UK Government on the issue of targeted online advertising in the UK. Those letters have not been published, although I understand one letter is in the public domain.

The Commission's interest was triggered by the response to the British Telecom announcement (April 2008) that it had conducted two secret trials (in 2006 and again in 2007) of targeted online advertising using technology provided by a company known as Phorm. Neither the Home Office nor any other government department had knowledge of those trials.

In April 2009 the European Commission sent a formal notice of infringement to the UK Government in relation to the Commission's concerns about the UK's implementation of European electronic privacy and personal data protection directives. The Government's response to the Commission was lead by the Home Office following consultation with the Department for Business, Innovation and Skills, the Ministry of Justice and the Cabinet Office. It would not be appropriate to disclose the contents of that response while the Commission is still considering it and related matters.

The Commission has not yet replied to the UK's response. It remains unclear whether the BT trials amounted to interception and indeed whether any such interception would be unlawful. It would be for the relevant prosecuting authorities and ultimately a court to make that determination.

Iran

Questions

Asked by Lord Hylton



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The Minister for Europe (Baroness Kinnock of Holyhead): We continue to express our concerns to the Iranian Government regarding the treatment and continued detention of the seven Baha'i leaders. Alongside our EU partners we have repeatedly urged the Iranian Government to ensure that these individuals are protected and given a fair trial in accordance with international standards. In an EU declaration dated 25 May 2009, we raised concerns about the treatment of the wider Baha'i community and other religious minorities in Iran.

The Iranian Government refuse to engage constructively with the international community on human rights issues. In this context, we believe the most significant impact we can have at present is by ensuring that international attention remains focused on the human rights environment in Iran by raising individual cases of concern.

Asked by Lord Hylton

Baroness Kinnock of Holyhead: My right honourable friends the Prime Minister and the Foreign Secretary have expressed their serious concerns about the arrest of protesters and journalists and the expulsion of foreign correspondents. EU statements have also reinforced this point.

Iraq

Question

Asked by Lord Astor of Hever

The Minister for International Defence and Security (Baroness Taylor of Bolton): Our existing Government-to-Government Memorandum of Understanding with Iraq, which took effect on 1 January 2009, authorises the presence and activities of UK troops in Iraq until 31 July 2009. A new agreement for our future defence presence in Iraq, focused on training and maritime support, was signed on 6 June 2009. This agreement is currently being considered by the Iraqi Parliament. Copies of the signed text are available in the Library of the House.

NHS: Primary Care Trusts

Questions

Asked by Lord Warner

The Parliamentary Under-Secretary of State, Department of Health (Lord Darzi of Denham): Strategic Health Authorities (SHAs) hold primary care trusts (PCTs) to account on their commissioning performance through an annual assurance system. The system includes an assessment of both outcomes and processes, evaluating PCTs' commissioning progress against three elements: commissioning skill sets (or competencies), organisational governance and health outcomes. These elements are assessed using a combination of approaches including self- assessment, self-certification, feedback from partners, evidence-gathering, data analysis and panel review days. Progress against outcomes is measured using metrics.

SHAs are responsible for running the assurance process locally, ensuring each PCT has gathered the appropriate evidence, co-ordinating the panel review day, and providing follow-up, including both rating PCTs and supporting their ongoing development.

In the first year of assurance each PCT's ratings, calibrated nationally, were published locally and can be accessed on each PCT's website. The results from year two of assurance will be published nationally.

North Korea

Question

Asked by Lord Astor of Hever

The Minister for International Defence and Security (Baroness Taylor of Bolton): UNSCR 1874 does not authorise use of force to compel a ship's Master to submit to an inspection either with or without flag state permission. A warship can conduct a hail and query interception-to ask questions or even make assertions. However we do not currently intend to use British naval assets to conduct interdiction on the high seas in support of United Nations Security Council Resolution 1874 and although we will continue to keep the situation under review we have made no assessment of availability at this stage.

Northern Ireland: Human Rights Commission

Question

Asked by Lord Laird

Baroness Royall of Blaisdon: It is a matter for the individuals what information they wish to declare in relation to their community background. Of the seven commissioners who declared political activity, one was on behalf of the UUP, two the Northern Ireland Women's Coalition, one Alliance Party, two SDLP and one DUP.

Nuclear Weapons

Question

Asked by Lord Dykes

The Minister for International Defence and Security (Baroness Taylor of Bolton): Dr Ritchie sent the First Sea Lord a copy of his paper. The First Sea Lord acknowledged the paper and took the opportunity to reiterate that the Government's policy as set out by the 2006 defence White Paper (Cm 6994) remains extant.

There are no plans to issue a more substantive reply to Dr Ritchie's paper.

Offshore Financial Centres

Question

Asked by Lord Barnett

The Financial Services Secretary to the Treasury (Lord Myners): In accordance with the communiqué agreed at the G20 London Summit, the Government are prepared to consider sanctions against jurisdictions that have not substantially implemented the international standard on exchange of information in tax matters. A number of British Overseas Territories and Crown Dependencies have already met the required standard, notably, Jersey, Guernsey, Isle of Man and Bermuda. We would expect others to do so as rapidly as possible.


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