A/HRC/41/54/Add.4 41. UK immigration rules provide that persons subject to immigration control who do incur unpaid debts to the NHS in respect of NHS treatment charges may have this taken into account by the Home Office if they apply to re-enter or extend their stay in the UK, and this arrangement has been upheld by the Court of Appeal. Other comparable countries have controls in place to regulate access to their public health services, or otherwise operate insurance-based schemes in which patients pay directly for the health services that they use. 42. The SR also mentions the previous memorandum of understanding (MOU) which permitted the Home Office to trace missing immigration offenders through address data held by the NHS as a last resort, to enable the Home Office to re-establish contact in the interests of resolving the person’s case. The Government has agreed that this MOU should be replaced with a narrower agreement focusing on the locating of foreign criminals subject to deportation action and persons where there are welfare concerns. Public Health England are reviewing whether there is any evidence to support to concern that the MOU influenced health-seeking behaviours by migrants. But the report’s implication that there should be no checks or controls on who can access the full range of NHS services does not command a consensus of support in the UK. In fact, recent public polling by YouGov in April 2018 found high levels of support amongst respondents for the system of eligibility checks for accessing work, benefits and services. D. Racial Impact of Criminal Justice Law and Policy 43. Para 35 –44 The SR also mention her experiences meeting with many communities and organisations who communicated the devastating racial impact of the criminal justice law and policy in the UK. No one should face discrimination in the criminal justice system and Government have welcomed David Lammy’s extensive review into the treatment of black and minority ethnic individuals in the criminal justice system. Government remains committed to taking every recommendation forward in some way. We recognise there is more to do, and are committed to tackling disproportionality which is why Government have employed senior officials across all 4 parts of the business (Custody, Probation, Wales & HQ) to oversee progress in this area. Transparency is key to achieving these complex reforms. Government have held regular roundtables with partners and stakeholders to keep them informed and seek expertise. 44. The Race Disparity Unit is working with the Office for National Statistics and Departments to enhance the consistency of ethnicity data collection. Progress Government has made in a wide range of areas, and new work going above and beyond Lammy’s recommendations includes: • Increased diversity of our new prison officer intake (20% BAME applicants and 11% BAME hired between January 2017 and June 2018) • Funding an education programme to prepare lawyers from a range of backgrounds to apply for judicial office • Extending the range of data Government publish that includes an ethnicity break down • Working with newly-selected local police partners to develop deferred prosecution pilots, which aim to rehabilitate offenders but still ensure redress from crime 45. Government are also prioritising tackling race disproportionality in the Youth Justice System. That is why Government have established a dedicated team within the Youth Justice Policy Unit working across government on disproportionality. Government is establishing a broader youth justice approach, looking at the journey of the child throughout the system and the key points where disparity can impact in a child’s life. There have been small improvements in BAME representation in our judiciary in recent years but it remains a complex picture and there is more to be done. Government recognise the need for our world class judiciary to be more diverse. We know that there are many talented potential candidates from a diverse range of backgrounds and we want to support even more of them to apply for judicial office. We announced funding for the pre-application judicial education programme (PAJE), a joint initiative of the Judicial Diversity Forum. This will provide information to those considering a judicial role and will target those from under-represented groups. 9

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