Today, I am publishing a public consultation on the introduction of statutory guidance to the police on firearms licensing. The proposed guidance aims to ensure that the highest standards of public safety are maintained in the firearms licensing process, improving consistency between police forces and in court when licensing decisions are appealed. It is being introduced following a recommendation made by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services in September 2015, which found that police forces were not always following the Home Office firearms guidance, resulting in inconsistent application of the law.
We have acted on this recommendation and the Policing and Crime Act 2017 made provision for the Home Secretary to issue statutory guidance to the police on their firearms licensing functions. The police will have a duty to have regard to the guidance, which will include existing safeguards relating to firearms ownership, such as police background checks or the criteria around applicants with a history of domestic violence.
The draft guidance in the consultation also contains new proposals on the arrangements for assessing the medical suitability of firearms applicants, following consideration of how the system is currently operating, and concerns raised about the variation in practice across the country. It is important that the arrangements support doctors in providing the necessary medical information to the police who have responsibility for firearms licensing, and that the police are able to require sight of the medical information before they proceed to grant the firearm certificate. I am seeking views on these arrangements from all those with an interest so that we can ensure the system operates as effectively as possible. It is vitally important to ensure that those in possession of firearms are medically fit, to safeguard the public and the firearm certificate holder themselves.
The consultation is seeking views from police forces, firearms owners and other interested parties and the wider public on the contents of the proposed statutory guidance. I am also consulting the National Police Chiefs’ Council and the Chief Constable of Police Scotland, as required by the legislation. I will consider very carefully the views which are put forward during the consultation, which will last for a period of eight weeks, following which the Home Office will publish the new statutory guidance. I am committed to efficient and effective operation of the firearms licensing system, and once the statutory guidance has been in place for a suitable period, I intend to review the operation of the new medical arrangements to ensure they are working effectively.
Copies of the consultation along with the draft guidance and impact assessment will be made available on gov.uk and will be placed in the Libraries of both Houses.
I am today making an announcement on a number of issues related to immigration. These include an expansion of the shortage occupation list (SOL) in line with the recommendations of the Migration Advisory Committee (MAC) and a planned future amendment in the Immigration Rules to Section 67 leave. I am also providing an update on the Home Office’s response to cheating in English language tests and the Border, Immigration and Citizenship System (BICS) independent review.
Migration Advisory Committee review of the shortage occupation list
On 29 May, the Migration Advisory Committee (MAC) published the outcome of its full review of the shortage occupation list (SOL). I am very grateful to the MAC for a very thorough and comprehensive piece of work. The MAC recommended a number of changes to the main UK-wide SOL, expanding the list to cover a range of high-skilled occupations, including a number of health and social care, engineering and digital technology occupations.
The Government are happy to accept all of the MAC’s recommendations on the composition of the SOL and the necessary amendments will be made in the autumn immigration rules changes.
The MAC also suggested that, in order to combat the particular challenges faced by some remote communities, the Government should pilot a scheme that facilitated migration to these areas. The Government accept that this is an idea worth pursuing. Further details will be given in due course.
Section 67 leave
In June 2018, we introduced section 67 leave to fulfil our legal obligation to those children transferred to the UK under section 67 of the Immigration Act 2016. This ensures that those unaccompanied children transferred to the United Kingdom under section 67, and who do not qualify for refugee status or humanitarian protection, are able to remain in this country and build a life here. This form of leave allows them to study, work, access public funds and healthcare, and is a route to settlement which they would not ordinarily have had.
Police and Criminal Evidence Act Codes of Practice
I am today laying before the House an order under section 67(7A) of the Police and Criminal Evidence Act 1984 (‘PACE’) to amend PACE Codes C and H, which govern the detention, treatment and questioning of suspects by the police. Copies of the revised Codes C and H will also be laid.
These revisions, which will come into operation on 21 August 2019, are being introduced to ensure that the menstrual needs of female and transgender detainees, and the health, hygiene and welfare needs of all individuals in police custody are protected. The new codes include the following revisions:
Each female detainee must be asked if they require or are likely to require any menstrual products while they are in custody. They must be told that they will be provided free of charge and that replacement products are available.
Custody officers must ask all detainees if they wish to speak in private with a member of custody staff about any matter concerning their personal needs relating to health, hygiene and welfare: if the detainee wishes, this member of staff may be of the same sex. These changes provide an opportunity for female detainees to raise issues about their menstrual needs and also for all detainees to raise issues relating to other health and hygiene needs such as products that may be required for incontinence. If detainees wish to take this opportunity to raise health and hygiene needs, necessary arrangements should be provided/made as soon as practicable.
The changes highlight that the clothing and personal effects that detainees may retain include menstrual and other health, hygiene and welfare products. A decision to withhold any such products must be subject to a further specific risk assessment.
I am today announcing changes to the terrorism threat level system. As recommended in the operational improvement review, the joint terrorism analysis centre have taken an increased role in assessing all form of terrorism, irrespective of the ideology that inspires them.
The national threat level system will now take account of the assessments from all forms of terrorism, including Islamist, Northern Ireland, and extreme right-wing. The threat from Northern Ireland-related terrorism in Northern Ireland will remain separate from the national threat level.
Also, to ensure clarity in the threat level system, I am also announcing the change in definition of the LOW, SUBSTANTIAL and CRITICAL threat levels. The threat levels will now be defined as below:
CRITICAL meaning an attack is highly likely in the near future
SEVERE meaning an attack is highly likely
SUBSTANTIAL meaning an attack is likely
MODERATE meaning an attack is possible but not likely
LOW meaning an attack is highly unlikely
The changes made today do not affect the current threat level. The threat level to the UK from terrorism remains at SEVERE, and the threat level to Northern Ireland from Northern Ireland-related terrorism also remains at SEVERE, meaning that an attack is highly likely.
Threat levels are designed to give a broad indication of the likelihood of a terrorist attack. They are a tool for security practitioners working across different sectors and the police to use in determining what protective security response may be required. They also keep the public informed and give context to the protective security measures which we all encounter in our daily lives.
Currently, the immigration rules only provide for section 67 leave to be granted to those who have already had an application for refugee status or humanitarian protection refused. This means that upon arrival in the United Kingdom, the child is required to go through the process of claiming asylum, including providing an account of why they fled their country of origin.
We intend to amend the existing rules to allow those transferring under section 67 to receive this form of leave immediately, as soon as they arrive. This will provide the children, and the local authorities who will care for them, with additional reassurance and guarantee their status in the UK at the earliest opportunity.
Children who have already been transferred to the UK under section 67 and are currently having their asylum claims assessed will also be entitled to section 67 leave automatically once this amendment has been made. Children granted section 67 leave on arrival will still have the opportunity to claim asylum. Should they be successful in an asylum claim, those who qualify will receive refugee or humanitarian protection status.
The Government are absolutely committed to transferring the specified number of 480 unaccompanied children under section 67 of the Immigration Act 2016 as soon as possible.
The Home Office’s response to cheating in English language tests
Five years ago, the scale of this issue was uncovered by Panorama. Their footage revealed systematic cheating in test centres run on behalf of the company ETS. Further investigation showed just how widespread this fraud was. Twenty-five people who were involved have been convicted and sentenced to over 70 years in prison. Further criminal investigations are ongoing, with a further 14 due in court next month.
Our approach to taking action on students has been endorsed by the courts, who have consistently found the evidence the Home Office had was enough to prompt the action that was taken at the time.
Despite this, there have remained concerns that some people who did not cheat may have been caught up and I am aware that some people found it hard to challenge the accusations against them. So earlier this year, I commissioned officials for advice.
This is a complex matter given that we need to work within existing legal frameworks relating to appeal rights, judicial review and administrative review.
I have therefore asked officials to review our guidance to ensure that we are taking the right decisions on these cases to ensure we are properly balancing a belief that deception was committed some years ago against other factors that would normally lead to leave being granted, especially where children are involved. We will update operational guidance to ensure no further action is taken in cases where there is no evidence an ETS certificate was used in an immigration application.
We continue to look at other options, including whether there is a need for those who feel they have been wronged to be able to ask for their case to be reviewed. We intend to make further announcements about this and will update the House in due course.
Review of the border, immigration and citizenship system
In October 2018, I committed to conducting a review of the Border, Immigration and Citizenship System (BICS). The purpose of this review will be to ensure the BICS is ready and able to deliver a world class immigration system.
The review will focus on whether the BICS has in place the right systems, structures, accountability and working practices to deliver against its goals. It will be forward looking in its nature. It will not consider individual policies or goals, but rather whether the system has the right capabilities to deliver against those stated objectives.
I am pleased to announce today that I have appointed Kate Lampard CBE to lead the review.
Kate has previously held senior non-executive roles in the NHS, chaired the Financial Ombudsman Service, and has undertaken important reviews for Government. She has a wealth of skills and experience to bring to this critically important task.
I will place a copy of the terms of reference for the review in the Libraries of both Houses. The review will aim to complete by early 2020.
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Access to toilet and washing facilities must now also take account of the detainee’s dignity. For example, in cells subject to CCTV monitoring, privacy in the toilet area should be ensured by any appropriate means and detainees should be made aware of this when they are placed in the cell.
The changes make it explicit that strip searches and intimate searches of detainees must take due regard of their dignity. This includes the detainee’s health, hygiene and welfare needs including menstruation.
The above provisions around health, hygiene and welfare products take into account the possible needs of transgender individuals.
These revisions were prompted by concerns raised by the Independent Custody Visiting Association (ICVA) that in some cases women were being left without basic menstrual products in police cells.
They received overwhelming support following a public consultation last year, and we have subsequently sought and secured the agreement of the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), in her role as Chair of the Home Affairs Select Committee, that these straightforward revisions to the codes can be brought into force as soon as possible, as per the commitments made by the then Government during the introduction of section 67(7A) of PACE in 2003, without the approval of a resolution by each House.
I am grateful for the work and support of partners across the policing system, ICVA, and dedicated custody staff across the country. We all share a commitment to ensuring the dignity of detainees, and these changes will to help ensure the needs of individuals are met across the board.
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There remains a real and serious threat against the United Kingdom from terrorism and I would ask the public to remain vigilant and to report any suspicious activity to the police regardless of the threat level.
The decision to change the terrorism threat levels are taken by the independent from Ministers. The joint terrorism analysis centre set the national threat level and the security service set the Northern Ireland-related terrorism in Northern Ireland threat level. These are based on the very latest intelligence, considering factors such as capability, intent and timescale. Threat levels are kept under constant review.