I refer Lord Hylton to my previous written response to HL 3419 regarding UK funding committed to France to tackle illegal migration.

The UK has a proud record of providing protection for people who need it, in accordance with our obligations under the Refugee Convention and the European Convention on Human Rights. Our work to deter and stop irregular Channel crossings is dependent on a range of interventions, and the cumulative impact of these. There is no single silver bullet and seeing impact overall will take time. We carefully monitor impact, including through regularly published migration statistics

Whilst we sympathise with people in many difficult situations around the world, we are not bound to consider asylum claims from the very large numbers of people overseas who might like to come here. The UK provides safe and legal routes through the UK Resettlement Scheme (UKRS), Mandate Resettlement Scheme, Community Sponsorship and the Afghan Citizens’ Resettlement Scheme. Following the Ukraine crisis, we also introduced the Ukraine Family Scheme (UFS), and the Homes for Ukraine (HFU) Scheme. We also have additional safe and legal routes for people to come to the UK should they wish to join family members here, work or study. This commitment, alongside a fair and firm asylum system, will ensure we continue to offer safe and legal routes to the UK for those in need of protection. Our focus will remain on helping individuals directly from regions of conflict and instability.

The UK has a proud record of providing protection for people who need it, in accordance with our obligations under the Refugee Convention and the European Convention on Human Rights. However, there is no provision within our Immigration Rules for someone to be allowed to travel to the UK to seek asylum or temporary refuge, as proposed in the report by the Public and Commercial Services Union and Care4Calais.

The UK provides safe and legal routes through the UK Resettlement Scheme (UKRS), Mandate Resettlement Scheme, Community Sponsorship and the Afghan Citizens’ Resettlement Scheme. Following the Ukraine crisis, we also introduced the Ukraine Family Scheme (UFS), and the Homes for Ukraine (HFU) Scheme. We also have additional safe and legal routes for people to come to the UK should they wish to join family members here, work or study. This commitment, alongside a fair and firm asylum system, will ensure we continue to offer safe and legal routes to the UK for those in need of protection. Our focus will remain on helping individuals directly from regions of conflict and instability.

The UK and France maintain a longstanding relationship on tackling illegal migration at the shared border.

In January 2018 both countries signed the Sandhurst Treaty. The UK made a commitment of €50 million (£45.5m) to implement the terms of the Treaty, which adopted a “whole of route approach” to tackling illegal migration.

In 2019 the two countries signed the Joint Action Plan on Combatting Illegal Migration Involving Small Boats under which The UK committed €3.6m (approximately £3.25m). This was supplemented with a further €2.5m (£2.25m) dedicated to the deployment of gendarme reservists and preventive security measures at the French coast.

In 2020 the UK pledged €31.4 million (roughly £28.1 million) to support joint efforts to tackle the rise in small boat crossings. A further bilateral arrangement was reached on 20 July 2021 supported by UK investment of €62.7 million (approximately £54 million).

Most recently, on 14 November the Home Secretary agreed to a new multi-year strategic and operational plan with Minister Darmanin, supported by investment of up to €72.2 million euros (approximately £62.2 million) this financial year.

Joint work with the French has led to over 23,000 small boat crossings being prevented in 2021 and over 30,000 so far this year.

Alongside this we have dismantled 55 organised crime groups (OCGs) and made over 500 arrests supported by the work of the UK-France Joint Intelligence Cell.

The UK notes the abuse of migrants and refugees in Libya and the inhumane conditions in detention centres. The Independent Fact-Finding Mission on Libya is assessing human rights abuses and violations in detention centres. The UK co-sponsored the renewal of the Fact Finding Mission's mandate in July. We continue to urge the interim Government of National Unity to take steps to end the exploitation and abuse of migrants and to implement a better functioning system that respects human rights. We support the UN's call for detention centres across Libya to be closed, and call on all parties to engage with the UN and the humanitarian community so that all migrants and refugees can be evacuated safely in accordance with international human rights law.

The UK notes the abuse of migrants and refugees in Libya and the inhumane conditions in detention centres. The Independent Fact-Finding Mission on Libya is assessing human rights abuses and violations in detention centres. The UK co-sponsored the renewal of the Fact Finding Mission's mandate in July. We continue to urge the interim Government of National Unity to take steps to end the exploitation and abuse of migrants and to implement a better functioning system that respects human rights. We support the UN's call for detention centres across Libya to be closed, and call on all parties to engage with the UN and the humanitarian community so that all migrants and refugees can be evacuated safely in accordance with international human rights law.

As part of the Homelessness Case Level Collection data (H-CLIC), local authorities are required to collect details of the nationality of those they have assessed as homeless. Local authorities are not required through H-CLIC to collect data on the documentation held by non-UK nationals who are homeless and rough sleeping.

As part of our annual rough sleeping snapshot, we also collect data on the nationality of those sleeping rough. Latest data reported that 25% of those found to be rough sleeping on a single night in 2021 were non-UK nationals - 20% (500) were from the EU and 5% (110) were non-EU. The nationality of 8% (200) was unknown.

By its very nature, it is not possible to know the exact size of the illegal population and so we do not seek to make any official estimates on this. For the same reason, we cannot know the nationalities or routes to illegal status of the hidden population. The Home Office is, however, conducting analysis to better understand the nature of the illegal migrant population in the United Kingdom and how individuals move in to and out of it.

The vast majority of people leave the UK on time, in line with the expiry of their visa or leave to remain. However, those who have no right to remain in the UK and do not return home voluntarily should be in no doubt of our determination to remove them.

The Government’s New Plan for Immigration will make it harder for people to enter and live in the UK illegally, whilst ensuring that those who do have the right to reside in the UK can do so.

We call on all parties to engage with the UN and the humanitarian community so that all migrants and refugees can be evacuated safely in accordance with international human rights law.

According to the Spanish Ministry of the Interior, 8,102 people have arrived in the Canary Islands via sea so far this year, representing a significant increase on 2019. The dangers have been highlighted before, with an estimated 140 fatalities during an attempted crossing from Senegal to the Canary Islands on 24 October.

The EU Commission published proposals for a new EU Pact on Migration and Asylum on 24 September. This will be for EU Member States to agree. We will welcome balanced and holistic European approaches that mirror the UK's commitment to a 'whole of route' approach.

In 2018 the UN Central Emergency Response Fund (CERF) held $555.3 million for global responses. The UK contribution to the 2018 CERF was US$114.3million, or £89 million. Information is published through the UN-managed Financial Tracking Service. The UK's £75 million migration programme is still in operation, running from 2018 to 2021. Details of our allocations to partners and spend to date, including those operating in Libya, are available on Development Tracker. All funds have been committed to our partners and will be spent by 2021.

The detention centres in Libya are the responsibility of the Libyan authorities. The UK is clear that civilians in areas affected by the current conflict, including refugees and migrants, must be immediately evacuated to safety. We continue to press the Libyan authorities to pursue alternatives to detention and implement a better functioning migration system that respects human rights.

Through our contribution to the EU Emergency Trust Fund for Africa (EUTF), the UK has supported the EU and Africa Union joint commitment to significantly increase voluntary returns of those who want to leave Libya, as agreed at the EU-AU Summit in November 2017. Since then, more than 57,000 people have been supported to return home, with most of these returns from Libya and Niger.

Our contribution also supports the UNHCR-led evacuation of those in need of international protection from Libya to Niger and other countries (over 3,600 people to date), and their ongoing resettlement subsequent to their evacuation. Following UNHCR’s urgent appeal for resettlement places, the UK has committed to participate in the resettlement of the most vulnerable refugees who have been evacuated by UNHCR from Libya to Niger. This will include unaccompanied minors.

We remain deeply concerned by the situation in Libya and the conditions in Libyan detention centres. The UK is clear that all parties to the conflict must commit to a ceasefire, ensure unconditional humanitarian access, and return to political talks. All parties to the conflict must do all they can to prevent any further loss of life, including by respecting their obligations under International Humanitarian Law, and engage with the UN and humanitarian community. This is essential to ensure aid can reach those in need and to allow for civilians, including refugees and migrants, to be immediately evacuated to safety.

The UK has announced a contribution of £1 million to the UN Flash Appeal. This includes funding to the World Health Organisation to deliver life-saving medical care, and funding to the UN Office for the Coordination of Humanitarian Affairs to improve humanitarian access for agencies on the ground. The UN Central Emergency Response Fund (CERF) has released $2 million to provide life-saving assistance to civilians caught up in the fighting, including vulnerable migrants and refugees. The UK was the biggest donor to the CERF in 2018, providing £114.3 million.

The Minister of State for the Middle East raised the plight of people in detention centres with the Libyan Deputy Minister last week.

The opening of the Joint Centre for Information and Coordination (CCIC) forms part of the commitments of the Sandhurst Treaty, signed by the Prime Minister and President Macron in January 2018. The Sandhurst Treaty is a bilateral agreement between the UK and France which reinforces the commitment of both sides to work together on border security issues.

Under the CCIC, Border Force work closely alongside Police Aux Frontieres in a 24/7 operation to:

• Assist with preventing illegal attempts to cross the shared border
• Facilitate the circulation of information between UK and French agencies to combat cross-border criminality
• Work on the prevention of threats to public order on cross-border infrastructure
• Provide analysis of cross-channel traffic flows

The CCIC also helps with the identification, prosecution and dismantling of criminal gangs involved in people smuggling and wider cross border crime.

There are currently no plans to widen the remit and responsibilities of the CCIC, however its performance and remit are regularly reviewed.

Under the Sandhurst Treaty, signed in January 2018, the UK government committed €50 million to implement projects agreed under the terms of the Treaty. This full funding package has now been allocated, and officials are in the process of making the final funding transfers. Payments have been made directly to the French Interior Ministry and its constituent bodies, or where necessary directly to organisations responsible for security infrastructure improvements.

Payments have not been made directly to migrants. However, a portion of the Sandhurst funding has been utilised to support access to French domestic asylum services. £3.6 million was specifically allocated to funding the development of the Dublin and Dubs process to support transfers of eligible children to the UK, including training for those working with unaccompanied children, family tracing and targeted information campaigns.

The UK and France enjoy a special relationship based on shared values and priorities, including promoting the rule of law, protecting the rights of individuals and ensuring the security of our citizens.

As part of the Sandhurst Treaty, signed between the UK and France on 18 January 2018, both parties agreed to further enhance cooperation in a number of areas, including illegal migration and asylum. The commitments set out in the Sandhurst Treaty improve joint working with France and support the delivery of existing obligations under the Dublin Regulation and section 67 of the Immigration Act 2016.

In order to implement the terms of the Sandhurst Treaty, the UK made a commitment of £45.5 million. This funding package has been allocated to a variety of projects, including improvements to improving access to French domestic asylum procedures and ensuring that vulnerable migrants are provided with the support and care that they require.

Within this package, £3.6 million was specifically allocated to funding the development of the Dublin process to support transfers of eligible children to the UK, including training for those working with unaccompanied children, family tracing and targeted information campaigns. This full package of £3.6 million was paid to the French Government at the end of 2018.

The Government rejects any suggestion that it has ignored international law or the individual rights of asylum seekers. We strongly advocate the principle that international protection should be sought, and is most effective when given, in the first safe country a refugee arrives in.

We also have a duty to secure our border. Close cooperation with partners such as France is designed to deter illegal migration and the organised crime that enables it, while encouraging and supporting effective access to protection in France by those who need it is entirely consistent with that approach. Our partnership with France is part of the Government’s wider whole of route approach to migration, which includes supporting refugees and the countries that host them through aid and development funding and operating refugee resettlement schemes to provide a safe and legal route to the UK for the most vulnerable.

The UK Government remains deeply concerned about the conditions for refugees and migrants in detention centres in Libya. These centres are the responsibility of the Libyan authorities, which is why we continue to urge the Libyan authorities to pursue alternatives to detention, and to put in place a better functioning migration system that respects human rights. Where possible, UK aid provides humanitarian support to vulnerable migrants and refugees held in the centres, through the provision of blankets, clothes and legal assistance. In addition, we are working with the European Union Emergency Trust Fund for Africa (EUTF) to improve the conditions for migrants in detention centres.

These efforts form part of our approach to help protect migrants on route to and inside Libya. As part of our £75 million migration programme covering the whole route from West Africa via the Sahel to Libya, we have allocated up to £5 million towards humanitarian assistance and protection for migrants and refugees in Libya. The UK is also supporting assisted voluntary returns, helping to tackle people smuggling, and working intensively to support the political process to end the conflict in Libya.

We have not made any representations on this issue. Immigration policy in the US is a matter for the US Government, just as immigration policy here is decided by the UK Government.

Further to the response to written question HL5626, between May 2016 and March 2017 the Home Office provided 115 experts to the European Asylum Support Office (EASO) in Greece, primarily to support implementation of the EU-Turkey Statement. The exact number of UK staff deployed at any given time varies but since March 2017 we have continued to provide expert support to Greece in line with the particular needs identified by EASO. Our experts work on the Greek islands to interview arriving migrants, act as interpreters, advise on information provision and flow management and support coordination through the EU Commission team in Athens.

The majority of the interpreters are deployed via EASO on a needs basis but following a recent urgent bilateral request from the Greek government, the Home Office has also provided additional interpreters to help process migrant arrivals on the island hotspots.

We also have a Border Force cutter, HMC Valiant, based in the Aegean and provide debriefers, screeners and interpreters to support the Hellenic Coastguard and Frontex Operation Poseidon and tackle Organised Immigration Crime.

The Government continues to work closely with all European partners, including Greece, to address migration issues. The EU-Turkey deal, along with border closures in the Western Balkans, has contributed to a significant reduction in the flow of illegal migrants and loss of life in the Aegean. The UK has played a leading role in supporting Greece and Turkey to implement the EU-Turkey Statement.

As part of this we continue our long-running specialist deployments to the EU Commission team in Athens, and are providing further expert support to the European Asylum Support Office in line with the particular needs identified. Our experts interview arriving migrants, act as interpreters, advise on information provision and flow management and support coordination through the EU Commission team in Athens.

The presence of UK staff in Greece has supported improvements in procedures and processing of migrants, improved safety and security conditions for migrants in the border hotspots, enabled the identification of and provision of appropriate support to vulnerable migrants, and further protected vulnerable migrants from smuggling, trafficking and exploitation.

In addition, we have a Border Force cutter, HMC VALIANT, based in the Aegean and the provision of debriefers, screeners and interpreters to support the Hellenic Coastguard and Frontex Operation Poseidon and tackle Organised Immigration Crime (OIC).

Following an urgent request from the Greek government, the UK has also committed to providing additional interpreters to help process the migrant arrivals on the island hotspots.

Any non-European Economic Area national child wishing to remain in the UK to settle here must apply for leave under the family Immigration Rules. These Rules give direct effect to the Secretary of State’s statutory duty in section 55 of the Borders, Citizenship and Immigration Act 2009, to have regard, as a primary consideration, to a child’s best interests in making an immigration decision affecting them.

Comprehensive information about applying for citizenship is available on the GOV.UK website. If an individual wishes to seek additional legal advice there are a number of sources available, including regulated immigration advisers. Whether a person is charged for that advice would depend on the organisation concerned and the individual’s situation.

The UK is committing to providing long-term support for education in emergencies and crises, including education to refugees and internally displaced children. A key example is the Syria region. Through the No Lost Generation Initiative, we’ve announced a further £240m for education in Jordan and Lebanon over the next four years, on top of the £115 million already provided to give every child in the region access to education. The recent London Syria conference has resulted in international pledges to get every refugee and vulnerable child in the host countries bordering Syria, into quality education by the end of the next academic year. These commitments were re-emphasised at the World Humanitarian Summit through an event on No Lost Generation: Empowering Youth Affected by the Syria Crisis.

In addition, the UK has been a leading force behind Education Cannot Wait – a new fund for education in emergencies, which was launched at the World Humanitarian Summit. A key focus for the fund will be on ensuring that all children and young people are able to access a quality education including refugees and internally displaced children. The International Development Secretary announced a £30 million UK commitment to the fund, as a founding donor to this important initiative.

Migrants travelling across the Aegean Sea may be referred to as illegally crossing if they have no permission (such as a visa) to enter Greece or another Member State. The same would apply if someone applied for asylum in the UK: if they have entered the UK illegally, then they would be treated as an illegal entrant, irrespective of whether they make a claim for asylum or not.

The Government is in regular discussion with French counterparts at ministerial and official level on all aspects of the migrant situation in Northern France.

In line with the UK-France Joint Declaration signed in August 2015, both countries carry out joint communications visits to the camps in Calais and Dunkirk to inform migrants about their rights and responsibilities.

The coordination of volunteers, charities and NGOs in France is the responsibility of the French authorities. However, the UK has issued advice for UK residents who want to help or donate to support migrants in Calais. The advice, offered directly on the FCO travel advice website (https://www.gov.uk/foreign-travel-advice/france) is to give to registered and experienced humanitarian charities who are best placed to distribute donations in an organised manner.

Ministers regularly update Parliament on all aspects of the situation in Northern France.

The Government has no plans to enable illegal migrants in another EU Member State to claim asylum in the UK. EU Member States have a responsibility to register and process all asylum claims made on their territory and it is an accepted principle of international law that an asylum seeker should claim protection in the first safe country that they reach. Any genuine refugee in France should lodge a claim for protection there.

The Dublin Regulation contains family unity provisions which may result in the responsible State being that where an asylum seeker’s close family members are legally present. If an asylum seeker is in France and can demonstrate they have close family members legally present in the UK, France may request that the UK agree to the transfer of responsibility for the asylum applicant under the Dublin Regulation.

We would not accept the transfer to the UK of an asylum seeker in France for the purposes of medical treatment. France is bound by the terms of the Reception Conditions Directive 2011/33/EU, which obliges participating Member States to ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illnesses and of serious mental disorders.

The noble Lord asked about surveillance. We are part of the general effort, through Eurosur, which is the surveillance component of Frontex. We have offered to provide additional services if they are called upon. Eurosur is doing a lot of work in that area through drones, exactly as the noble Lord suggests. Through our partnerships in-country, particularly in Syria, we are trying to head this off at source by making people aware of the Syrian resettlement programme and other UNHCR resettlement programmes, of which our Government are a part.

My Lords, the Government are working closely with other EU member states to address this distressing situation. It is important to find solutions that tackle the root causes. We are, therefore, focusing our efforts on enhancing co-operation with source and transit countries, including strengthening protection in the region and disrupting the activities of traffickers.

There is a two-pronged approach to this. First, there is Operation Triton, which the Italians started on 1 November; it is different but will tackle a lot of that. Secondly, there is the work that we are doing with our EU partners under the Rabat process and the Khartoum process, trying to tackle and head off the migration in the first place.

The provisions in the Immigration Bill relating to landlords are modelled closely on the existing civil penalty scheme for employers of illegal workers in the Immigration and Asylum Act 2006. Under the proposed scheme, a landlord will face a civil financial penalty for letting property to an illegal migrant if they have failed to comply with specified document checks. This civil scheme is distinct from criminal prosecution involving bringing a case to court, and the Bill does not create a criminal offence for landlords. The scheme incorporates important safeguards to ensure the arrangements are transparent and to protect the rights of landlords. The maximum level of penalty is specified at £3,000 on the face of the Bill (clauses 18 and 33), and may only be adjusted by affirmative resolution order. Penalties will operate in accordance with a scale set out in a statutory code of practice under clause 27, and landlords will have a right to object to the Secretary of State against a penalty (clause 24) and then to appeal to the civil courts (clause 25) on the grounds that they are not liable to the penalty, have established an excuse, or the level of penalty is too high.