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1272026

registered interest
date	17/12/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Immigration: Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, pursuant to the Answer of 15 December 2020 to Question 128184 on Immigration: Prosecutions, if she will publish the Memorandum of Understanding agreed between the Crown Prosecution Service and Home Office Immigration Enforcement in 2016.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	131294
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>The Memorandum of Understanding agreed between the Crown Prosecution Service (CPS) and Home Office Immigration Enforcement in 2016 will be published on the CPS website in January 2021. In the meantime, I will ensure that a copy is placed in the House library.</p> answering member constituency Northampton North answering member printed Michael Ellis question first answered 11/01/2021 09:32:38 answering member 4116 label Biography information for Sir Michael Ellis
tabling member	4393 label Biography information for Stuart C McDonald

1271707

registered interest
date	16/12/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, if she will review the effectiveness of the Minimum Income Requirement, as recommended by the Migration Advisory Committee in its annual report of 15 December 2020.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	130753
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>In February 2017 the Supreme Court upheld the lawfulness of the minimum income requirement, which prevents burdens on the taxpayer and promotes integration, ruling it strikes a fair balance between the interests of those wishing to sponsor a partner to settle in the UK and of the community in general. The Court found the minimum income requirement is not a breach of the right to respect for private and family life under Article 8 of the European Convention on Human Rights and is not discriminatory.</p><p>We continue to keep the family Immigration Rules under review, including taking into account recommendations made in the Migration Advisory Committee’s annual report of 15 December 2020, and will make adjustments should these prove necessary. However, our overall assessment is the Rules, including the minimum income requirement, are having the right impact and are helping to ensure public confidence in the immigration system by ensuring family migration is not based on access to the welfare system paid for by taxpayers.</p> answering member constituency Torbay answering member printed Kevin Foster question first answered 11/01/2021 14:22:01 answering member 4451 label Biography information for Kevin Foster
tabling member	4393 label Biography information for Stuart C McDonald

1271192

registered interest
date	15/12/2020
answering body	Department for Work and Pensions
answering dept id	29
answering dept short name	Work and Pensions
answering dept sort name	Work and Pensions
hansard heading	National Insurance: EU Nationals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Work and Pensions, what steps EU nationals with settled and pre-settled status need to take to access a National Insurance number; and when procedures will be in place for EU nationals without settled or pre-settled status to access National Insurance numbers.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	130119
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>When applying for a National Insurance Number (NINo) all applicants are required to have their identity verified. For some applicants whose identity has been verified by another UK Government Department, primarily the Home Office, we are able to offer a postal service. For the remainder, UK and EU/EEA citizens, their ID is verified at a face-to-face appointment.</p><p>Due to COVID-19, the face-to-face identity verification appointment process is presently suspended.</p><p>The NINo allocation service has continued to offer a service, throughout the pandemic, to our most vulnerable customer groups and students who are entitled to Student Finance. In June 2020, we resumed our postal service for visa applicants.</p><p>DWP started testing a partial digital solution on a small scale in mid-October to support the issuing of NINos, which is still ongoing. This solution enables collection of the applicant’s data, but not the online verification of their identity. Alternative identity verification solutions to reduce the need for a face-to-face identity check for some customer groups, including EU nationals with Settled or Pre-Settled status, is under development as part of this test.</p><p>The digital solution will be considered by the Government Data Service for its ability to move into Public Beta, and thereby deliver a service to a greater number of customers early next year.</p><p>EU nationals without Settled or Pre-Settled status will still be required to attend a face-to-face appointment with DWP for identity verification.</p><p /> answering member constituency Hexham answering member printed Guy Opperman question first answered 11/01/2021 13:49:15 answering member 4142 label Biography information for Guy Opperman
tabling member	4393 label Biography information for Stuart C McDonald

1271204

registered interest
date	15/12/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Asylum: Temporary Accommodation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, if she will publish any reviews she has undertaken of covid-19 safety in contingency hotels and military barracks being used as asylum accommodation.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	130120
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>A rapid review of asylum accommodation came out of a series of Cabinet Office COVID-19 taskforce visits to asylum accommodation and a recommendation that the Home Office conduct a ‘deep dive’ on our approach to initial accommodation during the coronavirus pandemic.</p><p>The Home Office is reviewing the recommendations of the rapid review and, as previously stated, will seek to publish a summary of the recommendations. We will also hold round tables with stakeholders to discuss the recommendations, actions taken and proposed next steps.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 11/01/2021 12:05:45 answering member 4503 label Biography information for Chris Philp
tabling member	4393 label Biography information for Stuart C McDonald

1271205

registered interest
date	15/12/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Asylum: Temporary Accommodation
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what steps she is taking (a) nationally and (b) locally to monitor, prevent and mitigate the risk of Far Right activities at contingency hotels and military barracks being used for asylum accommodation.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	130121
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>The Home Office works closely with law enforcement and others at a national level to monitor far right activity and ensure that local law enforcement and providers are joined up and have effective plans to tackle incidents.</p><p>Our accommodation providers liaise closely with local police colleagues and asylum seekers are briefed on risks and encouraged to report hate crimes accordingly.</p><p>The Home Office keeps security arrangements under review at its accommodation sites.</p><p>When incidents occur at these sites, providers report to the Home Office immediately, and then the Home Office works with the providers, putting additional measures in place if required.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 11/01/2021 16:38:07 answering member 4503 label Biography information for Chris Philp
tabling member	4393 label Biography information for Stuart C McDonald

1271206

registered interest
date	15/12/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: Human Rights
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what (a) consultation and (b) assessment of compliance with the European Convention of Human Rights her Department is undertaking in advance of the introduction of the Sovereign Borders Bill.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	130122
answer	answer is ministerial correction date of answer 11/01/2021 answer text <p>The UK remains committed to meeting our obligations under both the European Convention of Human Rights and the 1951 Refugee Convention.</p><p>The Home Secretary has set out the Government’s ambition to overhaul our approach to asylum and illegal migration, delivering a firm but fair system, including bringing forward new legislation next year. All legislation is assessed against compliance with our international obligations including ECHR.</p><p>Any consultation that may take place will do so in line with established principles as well as taking into account any other relevant statutory duties.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 11/01/2021 09:07:16 answering member 4503 label Biography information for Chris Philp
tabling member	4393 label Biography information for Stuart C McDonald

1271123

registered interest
date	14/12/2020
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Undocumented Migrants: English Channel
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, pursuant to the Answer of 10 December 2020 to Question 126060 on Undocumented Migrants: English Channel, how many additional Police Nationale and Gendarmerie land patrols will be deployed as part of the bilateral agreement agreed with France in November 2020.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	129025
answer	answer is ministerial correction date of answer 17/12/2020 answer text <p>In November the UK and France agreed a package of funding to support a range of activity as part of ongoing efforts to address illegal migration. The funding agreed by the Home Secretary and Minister Darmanin will enable an uplift to the number of Gendarmes and Police Nationale deployed daily on French beaches, which will improve capability for monitoring the coastline and surrounding areas and preventing small boats Channel crossings. Due to operational sensitivities, we cannot outline the exact number of personnel deployed.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 17/12/2020 15:31:41 answering member 4503 label Biography information for Chris Philp
tabling member	4393 label Biography information for Stuart C McDonald

1260200

registered interest
date	10/12/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Immigration: Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, how many prosecutions there have been under section 25(1) of the Immigration Act 1971 in each of the last 10 years; and how many of those prosecutions related to having control of a vessel on the sea.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	128182
answer	answer is ministerial correction date of answer 15/12/2020 answer text <p>The Crown Prosecution Service (CPS) maintains a central record of the number of offences in which a prosecution commenced, including the offences charged by way of the Immigration Act 1971.</p><p> </p><p>During the last 10 years, up to the end of March 2020, the number of offences charged by way of section 25 of the Immigration Act 1971 is as follows:</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>Immigration Act 1971 { 25(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(2) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(A)(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(B)(1) }</strong></p></td></tr><tr><td><p><strong>2010-2011</strong></p></td><td><p>397</p></td><td><p>4</p></td><td><p>3</p></td><td><p>5</p></td></tr><tr><td><p><strong>2011-2012</strong></p></td><td><p>390</p></td><td><p>0</p></td><td><p>6</p></td><td><p>1</p></td></tr><tr><td><p><strong>2012-2013</strong></p></td><td><p>430</p></td><td><p>0</p></td><td><p>13</p></td><td><p>2</p></td></tr><tr><td><p><strong>2013-2014</strong></p></td><td><p>311</p></td><td><p>0</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p><strong>2014-2015</strong></p></td><td><p>382</p></td><td><p>0</p></td><td><p>0</p></td><td><p>1</p></td></tr><tr><td><p><strong>2015-2016</strong></p></td><td><p>321</p></td><td><p>0</p></td><td><p>13</p></td><td><p>0</p></td></tr><tr><td><p><strong>2016-2017</strong></p></td><td><p>440</p></td><td><p>0</p></td><td><p>4</p></td><td><p>0</p></td></tr><tr><td><p><strong>2017-2018</strong></p></td><td><p>330</p></td><td><p>1</p></td><td><p>14</p></td><td><p>0</p></td></tr><tr><td><p><strong>2018-2019</strong></p></td><td><p>295</p></td><td><p>0</p></td><td><p>8</p></td><td><p>1</p></td></tr><tr><td><p><strong>2019-2020</strong></p></td><td><p>273</p></td><td><p>0</p></td><td><p>1</p></td><td><p>0</p></td></tr><tr><td colspan="5"><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p> </p><p>There is no indication of the number of individual defendants prosecuted for these offences or the final outcome of the prosecution proceeding or if the charged offence was the substantive charge at the time of finalisation. It is often the case that defendants will be prosecuted for more than one offence in the same set of proceedings.</p><p> </p><p>It is not possible to separately report whether any offences involved the use or control of a vessel at sea other than by manually examining case files at disproportionate cost.</p><p> </p><p>The Law Officers have not issued any guidance, advice or instructions to Crown Prosecution Service lawyers on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. However, the CPS has clear and published policy guidance on the prosecution of immigration offences, which reflects the Memorandum of Understanding agreed between the CPS and Home Office Immigration Enforcement in 2016. This establishes the agreed approach and public interest factors which prosecutors must consider when reviewing immigration cases. No further recent guidance has been issued to Crown Prosecutors on section 25(1) of the Immigration Act 1971.</p><p> </p><p>Neither the Attorney General's Office nor the CPS have received representations from the Home Office on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. The joint approach between the CPS and Immigration Enforcement is to consider prosecution under section 25(1) of the Immigration Act 1971 for anyone who has been involved in organising and planning the offences.</p> answering member constituency Northampton North answering member printed Michael Ellis grouped question UIN 128183 128184 question first answered 15/12/2020 13:30:28 answering member 4116 label Biography information for Sir Michael Ellis
tabling member	4393 label Biography information for Stuart C McDonald

1260201

registered interest
date	10/12/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Immigration: Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, whether she has issued guidance, advice and instructions to Crown prosecution lawyers on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months; and if she will make a statement.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	128183
answer	answer is ministerial correction date of answer 15/12/2020 answer text <p>The Crown Prosecution Service (CPS) maintains a central record of the number of offences in which a prosecution commenced, including the offences charged by way of the Immigration Act 1971.</p><p> </p><p>During the last 10 years, up to the end of March 2020, the number of offences charged by way of section 25 of the Immigration Act 1971 is as follows:</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>Immigration Act 1971 { 25(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(2) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(A)(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(B)(1) }</strong></p></td></tr><tr><td><p><strong>2010-2011</strong></p></td><td><p>397</p></td><td><p>4</p></td><td><p>3</p></td><td><p>5</p></td></tr><tr><td><p><strong>2011-2012</strong></p></td><td><p>390</p></td><td><p>0</p></td><td><p>6</p></td><td><p>1</p></td></tr><tr><td><p><strong>2012-2013</strong></p></td><td><p>430</p></td><td><p>0</p></td><td><p>13</p></td><td><p>2</p></td></tr><tr><td><p><strong>2013-2014</strong></p></td><td><p>311</p></td><td><p>0</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p><strong>2014-2015</strong></p></td><td><p>382</p></td><td><p>0</p></td><td><p>0</p></td><td><p>1</p></td></tr><tr><td><p><strong>2015-2016</strong></p></td><td><p>321</p></td><td><p>0</p></td><td><p>13</p></td><td><p>0</p></td></tr><tr><td><p><strong>2016-2017</strong></p></td><td><p>440</p></td><td><p>0</p></td><td><p>4</p></td><td><p>0</p></td></tr><tr><td><p><strong>2017-2018</strong></p></td><td><p>330</p></td><td><p>1</p></td><td><p>14</p></td><td><p>0</p></td></tr><tr><td><p><strong>2018-2019</strong></p></td><td><p>295</p></td><td><p>0</p></td><td><p>8</p></td><td><p>1</p></td></tr><tr><td><p><strong>2019-2020</strong></p></td><td><p>273</p></td><td><p>0</p></td><td><p>1</p></td><td><p>0</p></td></tr><tr><td colspan="5"><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p> </p><p>There is no indication of the number of individual defendants prosecuted for these offences or the final outcome of the prosecution proceeding or if the charged offence was the substantive charge at the time of finalisation. It is often the case that defendants will be prosecuted for more than one offence in the same set of proceedings.</p><p> </p><p>It is not possible to separately report whether any offences involved the use or control of a vessel at sea other than by manually examining case files at disproportionate cost.</p><p> </p><p>The Law Officers have not issued any guidance, advice or instructions to Crown Prosecution Service lawyers on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. However, the CPS has clear and published policy guidance on the prosecution of immigration offences, which reflects the Memorandum of Understanding agreed between the CPS and Home Office Immigration Enforcement in 2016. This establishes the agreed approach and public interest factors which prosecutors must consider when reviewing immigration cases. No further recent guidance has been issued to Crown Prosecutors on section 25(1) of the Immigration Act 1971.</p><p> </p><p>Neither the Attorney General's Office nor the CPS have received representations from the Home Office on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. The joint approach between the CPS and Immigration Enforcement is to consider prosecution under section 25(1) of the Immigration Act 1971 for anyone who has been involved in organising and planning the offences.</p> answering member constituency Northampton North answering member printed Michael Ellis grouped question UIN 128182 128184 question first answered 15/12/2020 13:30:28 answering member 4116 label Biography information for Sir Michael Ellis
tabling member	4393 label Biography information for Stuart C McDonald

1260202

registered interest
date	10/12/2020
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Immigration: Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, what representations (a) her Department and (b) the CPS has received from the Home Office on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months.
tabling member constituency	Cumbernauld, Kilsyth and Kirkintilloch East
tabling member printed	Stuart C McDonald
uin	128184
answer	answer is ministerial correction date of answer 15/12/2020 answer text <p>The Crown Prosecution Service (CPS) maintains a central record of the number of offences in which a prosecution commenced, including the offences charged by way of the Immigration Act 1971.</p><p> </p><p>During the last 10 years, up to the end of March 2020, the number of offences charged by way of section 25 of the Immigration Act 1971 is as follows:</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>Immigration Act 1971 { 25(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(2) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(A)(1) }</strong></p></td><td><p><strong>Immigration Act 1971 { 25(B)(1) }</strong></p></td></tr><tr><td><p><strong>2010-2011</strong></p></td><td><p>397</p></td><td><p>4</p></td><td><p>3</p></td><td><p>5</p></td></tr><tr><td><p><strong>2011-2012</strong></p></td><td><p>390</p></td><td><p>0</p></td><td><p>6</p></td><td><p>1</p></td></tr><tr><td><p><strong>2012-2013</strong></p></td><td><p>430</p></td><td><p>0</p></td><td><p>13</p></td><td><p>2</p></td></tr><tr><td><p><strong>2013-2014</strong></p></td><td><p>311</p></td><td><p>0</p></td><td><p>2</p></td><td><p>0</p></td></tr><tr><td><p><strong>2014-2015</strong></p></td><td><p>382</p></td><td><p>0</p></td><td><p>0</p></td><td><p>1</p></td></tr><tr><td><p><strong>2015-2016</strong></p></td><td><p>321</p></td><td><p>0</p></td><td><p>13</p></td><td><p>0</p></td></tr><tr><td><p><strong>2016-2017</strong></p></td><td><p>440</p></td><td><p>0</p></td><td><p>4</p></td><td><p>0</p></td></tr><tr><td><p><strong>2017-2018</strong></p></td><td><p>330</p></td><td><p>1</p></td><td><p>14</p></td><td><p>0</p></td></tr><tr><td><p><strong>2018-2019</strong></p></td><td><p>295</p></td><td><p>0</p></td><td><p>8</p></td><td><p>1</p></td></tr><tr><td><p><strong>2019-2020</strong></p></td><td><p>273</p></td><td><p>0</p></td><td><p>1</p></td><td><p>0</p></td></tr><tr><td colspan="5"><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p> </p><p>There is no indication of the number of individual defendants prosecuted for these offences or the final outcome of the prosecution proceeding or if the charged offence was the substantive charge at the time of finalisation. It is often the case that defendants will be prosecuted for more than one offence in the same set of proceedings.</p><p> </p><p>It is not possible to separately report whether any offences involved the use or control of a vessel at sea other than by manually examining case files at disproportionate cost.</p><p> </p><p>The Law Officers have not issued any guidance, advice or instructions to Crown Prosecution Service lawyers on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. However, the CPS has clear and published policy guidance on the prosecution of immigration offences, which reflects the Memorandum of Understanding agreed between the CPS and Home Office Immigration Enforcement in 2016. This establishes the agreed approach and public interest factors which prosecutors must consider when reviewing immigration cases. No further recent guidance has been issued to Crown Prosecutors on section 25(1) of the Immigration Act 1971.</p><p> </p><p>Neither the Attorney General's Office nor the CPS have received representations from the Home Office on prosecutions under section 25(1) of the Immigration Act 1971 in the last 18 months. The joint approach between the CPS and Immigration Enforcement is to consider prosecution under section 25(1) of the Immigration Act 1971 for anyone who has been involved in organising and planning the offences.</p> answering member constituency Northampton North answering member printed Michael Ellis grouped question UIN 128182 128183 question first answered 15/12/2020 13:30:28 answering member 4116 label Biography information for Sir Michael Ellis
tabling member	4393 label Biography information for Stuart C McDonald