Source · Select Committees · Justice Committee
Recommendation 7
7
Rejected
Introduce a complete firewall preventing police from sharing victims' data for immigration enforcement.
Recommendation
We call for an immediate end to the sharing of victims’ and witnesses’ data between the police and the Home Office for immigration enforcement purposes and the introduction of a complete firewall for those groups. We recommend that the draft Bill includes a provision stating that victims’ and witnesses’ data cannot be shared by the police with Immigration Enforcement and that entitlements in the Code will not be restricted on the basis of immigration status. (Paragraph 22) Clauses 2 to 4, the Code of Practice for Victims of Crime
Government Response Summary
The government rejects the recommendation for an immediate end to data sharing between police and the Home Office for immigration enforcement and the introduction of a complete firewall, citing a Home Office review that found such restrictions inoperable. It notes existing police discretion and specific protocols for domestic abuse victims but considers no broader changes necessary.
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.