Source · Select Committees · Justice Committee
Recommendation 6
6
Rejected
Paragraph: 21
Lack of firewall between police and immigration enforcement compromises victim and witness safety.
Conclusion
Many victims of crime do not pursue a criminal justice response, particularly those most at risk of being victims. We generally welcome the draft Bill’s open definition of victim, subject to our comments in paragraph 10, but it needs to go further. All those who have suffered harm must be able, and have the confidence, to contact services such as the police, and to access their rights as victims. The lack of a firewall between the police and Immigration Enforcement denies safety to victims and witnesses and may allow perpetrators to commit further offences.
Government Response Summary
The government acknowledges the committee's points but rejects the premise that changes are needed to create a firewall between police and immigration enforcement, stating that data sharing restrictions are not considered operable. It notes existing police discretion and specific protocols being developed for domestic abuse victims.
Paragraph Reference:
21
Government Response
Rejected
HM Government
Rejected
14. The Government acknowledges the points raised by the Committee. However, the Home Office Review published in December 2021 sets out the reasons why data sharing restrictions for victims and witnesses for immigration purposes are not considered operable by Immigration Enforcement nor policing. The National Police Chiefs’ Council (NPCC) Guidance on information sharing with the Home Office provides that the police have discretion on sharing information relating to migrant victims with the Home Office. A person’s immigration status may be relevant to a criminal investigation and could identify the victim as vulnerable to harm and/or assist in taking measure to protect them from harm. Additionally, the Home Office is setting out a statutory code of practice around data sharing on domestic abuse victims for immigration purposes and developing a Migrant Victim Protocol to provide protection from immigration enforcement action for victims of domestic abuse and other serious crimes. As such, we do not consider that any changes are necessary.