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76607

	registered interest
	date	08/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Migrant Workers: Conditions of Employment
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the light of the recent report by the Migration Advisory Committee about the effectiveness of employment rules, what plans they have to review and, if necessary, amend those laws.
	tabling member printed	Lord Taylor of Warwick
	uin	HL951
	answer	answer is ministerial correction date of answer 23/07/2014 answer text <p>This report shows why we need an immigration system that is fair to British citizens and legitimate migrants and tough on those who abuse the system and flout the law. We are working across government to ensure the immigration system works in the national interest and will use the findings of this report, including those in respect of labour market regulation, to inform our approach. The Government has already taken action to increase the maximum penalty for National Minimum Wage underpayment from £5,000 to £20,000 per employer, and will now introduce primary legislation so that the penalty can be applied on a per worker basis, substantially increasing the penalty employers have to pay. The Government will also consult on banning ‘overseas only’ recruitment practices by employment agencies to ensure that UK natives have the opportunity to apply for all jobs based here.</p> answering member printed Lord Taylor of Holbeach question first answered 23/07/2014 13:09:00 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	1796 label Biography information for Lord Taylor of Warwick

79553

	registered interest
	date	23/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Uganda
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the light of the passing of anti-homosexual legislation in Uganda, whether they are reviewing the categorisation of that country when considering demands for extradition of United Kingdom citizens to Uganda.
	tabling member printed	Lord Empey
	uin	HL1451
	answer	answer is ministerial correction date of answer 30/07/2014 answer text <p /> <p>Uganda is a signatory to the London Scheme for Extradition within the Commonwealth and is categorised as a Category 2 country for the purposes of the Extradition Act 2003. It is required to provide prima facie evidence in support of any extradition request.The Category 2 designation does not in itself amount to a simplified extradition procedure. When deciding an extradition case the court must consider any relevant Human Rights concerns. If the court believes a person’s rights under the European Convention on Human Rights would be breached, they must discharge the request.</p><p /> answering member printed Lord Taylor of Holbeach question first answered 30/07/2014 15:51:42 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	4216 label Biography information for Lord Empey

100054

	registered interest
	date	21/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	European Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the event of the United Kingdom not opting back into the provisions of the European Arrest Warrant, which member states still have on their statute books the legislation necessary to revert to the Council of Europe Convention on Extradition 1957.
	tabling member printed	Lord Inglewood
	uin	HL2260
	answer	answer is ministerial correction date of answer 17/11/2014 answer text <p>All EU member states have ratified the 1957 Council of Europe Convention on Extradition (ECE). Consequently, they will all have legislation that allows them to operate the ECE with other ECE signatories who do not use the Arrest Warrant. However, a number of EU member states have subsequently passed specific legislation to implement the Arrest Warrant and would need to pass new domestic legislation in order to allow them to operate the ECE with the UK. In some cases, this could be a lengthy process. For example, we believe that it would take the Netherlands at least a year to pass the necessary legislation and during this time they would not be able to issue extradition requests to the UK, or respond to UK extradition requests. Effectively, this would make both countries a safe haven for each others’ criminals.<br><br>Under the 1957 European Convention on Extradition, 22 Member States may also refuse to extradite its own nationals which means that some people may never face justice. In non-European Arrest Warrant cases, the following EU Member States have an absolute bar on extraditing their own nationals to the UK:<br><br>Austria<br>Belgium<br>Czech Republic<br>Finland <br>France<br>Germany<br>Greece<br>Latvia<br>Luxembourg<br>Slovakia<br>Slovenia<br>Spain<br>Sweden<br><br>A further nine have made declarations to the 1957 European Convention on Extradition to the effect that they will not extradite their own nationals:<br><br>Bulgaria<br>Croatia<br>Cyprus<br>Estonia<br>Hungary<br>Lithuania<br>Poland<br>Portugal<br>Romania</p><p> </p> answering member printed Lord Bates question first answered 17/11/2014 12:19:37 answering member 1091 label Biography information for Lord Bates
	tabling member	1980 label Biography information for Lord Inglewood

79620

	registered interest
	date	24/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Albania
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in respect of how many Albanian asylum seekers claiming to be children, information was sought from the Albanian authorities leading to the identification of 23 individuals who were suspected of providing incorrect information about their age and the establishment of Operation Coldspell in December 2013.
	tabling member printed	Lord Storey
	uin	HL1516
	answer	answer is ministerial correction date of answer 04/08/2014 answer text <p>The Government has a legal duty to endeavour to trace the families of unaccompanied asylum seeking children and to take into account their best interests. In response to safeguarding concerns arising from reports that Albanian adults were falsely claiming to be children, and in order to facilitate the family tracing process, the Home Office piloted a process in late 2013 whereby information relevant to family tracing and confirming identity was obtained from the Albanian authorities in respect of 215 individuals. In all of these cases, the asylum claims had been refused and the Albanian authorities had not been the alleged actor of persecution. The piloted process became business as usual with effect from 29 January 2014. Checks are only conducted under this process if such a step will not jeopardise the safety of the child and their family. The Albanian authorities are provided with the names, dates of birth, identity numbers, places of birth, addresses and contact numbers for the child and their parents. Published Home Office guidance stipulates that the child should be informed shortly after point of claim for asylum that the Home Office will take appropriate steps to endeavour to trace their families.</p> answering member printed Lord Taylor of Holbeach question first answered 04/08/2014 10:35:21 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	4238 label Biography information for Lord Storey

93435

	registered interest
	date	14/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Nationality: Somalia
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 9 July (HL396), whether the new Somali constitution drafted in 2012 is now in force; and, if so, whether it contains an article prohibiting the withdrawal of citizenship if a Somali becomes a citizen of another country.
	tabling member printed	Lord Laird
	uin	HL2101
	answer	answer is ministerial correction date of answer 20/10/2014 answer text <p>The question of whether the new Somali constitution, drafted in 2012, is now in force is subject to ongoing litigation proceedings. A hearing took place recently and a decision is awaited, which we expect will clarify the position.</p><p> </p> answering member printed Lord Bates question first answered 20/10/2014 14:26:08 answering member 1091 label Biography information for Lord Bates
	tabling member	2479 label Biography information for Lord Laird

76594

	registered interest
	date	08/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Hilda Murrell
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 9 April (WA 302–3), on what specific date in July 2014 they will make an application to the Lord Chancellor’s Advisory Council to allow the file held on Hilda Murrell to be transferred to the National Archives; and at what location the file is held in the meantime.
	tabling member printed	Lord Rooker
	uin	HL938
	answer	answer is ministerial correction date of answer 04/08/2014 answer text <p>I refer the noble Lord to the reply I gave on 9 April 2014, Official Report, columns WA 302-3. Following the cancellation of the July Lord Chancellor's Advisory Council, the one file referred to will be considered in September. Since my previous answer, a further six relevant files have been identified. Of these further files, five were submitted to TNA on 9 May 2014 for agreement of selection for permanent preservation in The National Archives. This series will be the subject of the Lord Chancellor's Committee on 13 November. The remaining file is from 1993 and is not due for review until 2017.</p> answering member printed Lord Taylor of Holbeach question first answered 04/08/2014 10:32:45 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	302 label Biography information for Lord Rooker

101010

	registered interest
	date	27/10/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Arrest Warrants
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 4 August (HL1114) about the European Arrest Warrant, whether they consider that habeas corpus can be applied in other European jurisdictions following extradition; and, if so, how.
	tabling member printed	Lord Stoddart of Swindon
	uin	HL2466
	answer	answer is ministerial correction date of answer 11/11/2014 answer text <p>Article 12 of the relevant Framework Decision (&quot;Keeping the person in detention&quot;) states that &quot;When a person is arrested on the basis of a European Arrest Warrant, the executing judicial authority shall take a decision on whether the requested person should remain in detention&quot;. This obliges the relevant judicial authority to take a decision on whether or not the person should remain in detention, and that must be taken in accordance with the law of the executing State. Therefore, each and every EU Member State must consider carefully whether a person can be legally detained or not. That is in keeping with the intention underpinning the principle of habeas corpus.</p><p>The Government has also introduced reforms to the operation of the Arrest Warrant that limit the unjustified detention abroad of individuals surrendered by the United Kingdom. For example, section 12A of the Extradition Act 2003 provides a bar to extradition on the grounds of &quot;absence of prosecution decision&quot;. This means that, in cases where the person is wanted to stand trial, extradition can only go ahead where the issuing State has made a decision to charge the person and a decision to try the person, or that the person’s absence from that State is the only reason for the failure to take the decision(s). This provision ensures that, where a State is simply not ready to try a person, extradition is refused and the person is not surrendered only to spend a potentially lengthy period in pre-trial detention.</p><p>Following our reforms, Section 21B of the same Act allows, with both the requested person’s and the issuing State’s consent, for the person’s temporary transfer to the issuing State or for the person to speak with the authorities in that State whilst he or she remains in the UK (for example, by video link). This provision ensures those who are subject to an Arrest Warrant have an opportunity to communicate with the issuing State without being surrendered. In a number of cases this may result in the issuing State withdrawing the Arrest Warrant (e.g. if it decides the person is not the person they are looking for), ensuring the minimum time possible will be spent in detention.</p><p> </p> answering member printed Lord Bates question first answered 11/11/2014 17:04:32 answering member 1091 label Biography information for Lord Bates
	tabling member	950 label Biography information for Lord Stoddart of Swindon

79499

	registered interest
	date	22/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Asylum: Children
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 21 July (WA 150–1), whether they will appoint personal advocates for each child asylum applicant whose case is awaiting appeal who has no parents in Britain.
	tabling member printed	Lord Hylton
	uin	HL1398
	answer	answer is ministerial correction date of answer 30/07/2014 answer text <p /> <p>The Government has no immediate plans to introduce personal advocates for child asylum seekers across the UK.All unaccompanied children entering local authority care are entitled to the same level of support and protection, regardless of their immigration status, nationality or documentation. This includes a social worker responsible for planning the care of the child, and an independent reviewing officer who would ensure the child was aware of the implications of their immigration and asylum status.</p><p /> answering member printed Lord Taylor of Holbeach question first answered 30/07/2014 15:22:54 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	2018 label Biography information for Lord Hylton

78863

	registered interest
	date	17/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Borders: Personal Records
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 15 July (WA 111), whether the comprehensive exit checks on passengers departing on scheduled commercial air, sea and rail routes which will apply from April 2015 will enable a check to be made on whether those who have been admitted to the United Kingdom on visas or permits for limited periods have complied with the required departure date; and what arrangements they propose for exit checks on those leaving by non-scheduled aircraft or by private boats.
	tabling member printed	Lord Marlesford
	uin	HL1253
	answer	answer is ministerial correction date of answer 11/08/2014 answer text <p>Exit checks will improve our knowledge of who is leaving the UK so we are better able to respond appropriately. We will bring together entry and exit data with visa and immigration application records to help identify those who have failed to leave the UK when they should have done so. Currently there are no plans to use the Embarkation Checks powers in the 2014 Immigration Act for General Aviation and General Maritime operators. We are working separately with those sectors to improve our ability to control departures from the UK by non-scheduled aircraft and private boats.</p> answering member printed Lord Taylor of Holbeach question first answered 11/08/2014 12:53:30 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	1854 label Biography information for Lord Marlesford

78865

	registered interest
	date	17/07/2014
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Borders: Personal Records
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Taylor of Holbeach on 15 July (WA 111), whether in specifying the second generation of e-gates under the Border Systems Programme they took account of the border control systems in operation in the United States and Hong Kong.
	tabling member printed	Lord Marlesford
	uin	HL1255
	answer	answer is ministerial correction date of answer 11/08/2014 answer text <p>When Border Systems drafted the requirements for the proposed next generation of ePassport gates, similar systems globally were reviewed and their merits were considered. This included those systems in the US (Global Entry and NEXUS/SENTRI) and Hong Kong (e-Channels). Border Systems works closely with its counterparts in the US and Hong Kong, and its representatives have visited both countries to assess and review the automation in operation. Reciprocal visits to the UK have also been made by those countries.</p> answering member printed Lord Taylor of Holbeach question first answered 11/08/2014 12:45:26 answering member 3787 label Biography information for Lord Taylor of Holbeach
	tabling member	1854 label Biography information for Lord Marlesford