Nationality and Borders Bill (Eighth sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateThursday 21st October 2021
(3 years, 2 months ago)
Public Bill CommitteesNationality and Borders Act 2022 View all Nationality and Borders Act 2022 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 21 October 2021 - (21 Oct 2021)
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
The Committee divided: - Ayes: 7 / Noes: 9 - Question accordingly negatived.
The Committee divided: - Ayes: 9 / Noes: 7 - Question accordingly agreed to.
Paul Blomfield (Sheffield Central) (Lab)
I congratulate my hon. Friend the Member for Enfield, Southgate on his comprehensive critique of clause 10. I want to add only a few points on what is clearly at the heart of the Government’s approach in this Bill: seeking to create a hostile environment for refugees and splitting them into the two groups of which my hon. Friend spoke.
I was interested to hear the Minister talk earlier about the Bill as just one part of a multifaceted approach to tackling the problem, of which international diplomacy was at the core. I would welcome his reflections, when he comes to make his remarks, on how far he thinks our position in international diplomacy is strengthened by a Bill that the UNHCR, the guardian of the 1951 convention, denounces in clear terms as
“The creation of an unlawful two-tier system in which most refugees are denied rights guaranteed by the Refugee Convention and essential to their integration”.
I think that our position in terms of how we play our cards in international diplomacy will be weakened by setting ourselves against the international community. This proposal appals all organisations that have worked with those coming to our country to flee war, terror and persecution, and Labour shares their view. However, I appreciate that this Government, in contrast with previous Conservative Administrations, revel in setting themselves against the international consensus and are happy tearing up treaties to which they have been signatories.
We should examine the clause in the context of the Government’s own objectives. They say it is part of a deterrent to break the business model of people smugglers by dissuading those seeking asylum from taking what the Government consider to be irregular routes. We are all agreed on the objective of breaking the appalling business model of people smuggling and we all agree that we want to end the situation that leads people to take the most desperate journeys across the channel. As I said earlier, and clearly the Minister struggled to respond to that point, even the Government’s own impact assessment says,
“evidence supporting the effectiveness of this approach is limited.”
I know that he had a problem with evidence when we were talking about clause 9 under part 1.
The Parliamentary Under-Secretary of State for the Home Department (Tom Pursglove)
The hon. Gentleman will get a very nice long letter.
Jonathan Gullis
The issue is that we inherited a ruinous backlog from the Labour Government, and we have gone through a multitude of challenges recently—covid, for example, which brought the very challenging situation of working from home. I understand—I am a constituency MP like everyone else. We all do our bit and write to the Home Office. We get frustrated by the time that certain cases can take to process, but ultimately, we are trying to fix the system. That is one strand, and there are other parts of the Bill that we will examine, such as offshoring, which I support. There are other methods to help to deal with the backlog and speed up the processing of asylum claims.
I am more than happy to welcome genuine asylum seekers; what I am unhappy about is the illegal economic migrants continually crossing our channel, coming to our shores and costing millions of pounds to the British taxpayer, and the lawyers obsessed with taking money out of the British purse to stop people being deported. Let us not forget, there are convicted criminals dragged off the plane at the last minute, leaving the UK taxpayer to pick up the tab. They are criminals who should not be here and rightly should be deported. Sadly, I see too many Labour Members celebrating those lawyers’ work to prevent those people from being deported from our country. It is a very sad state of affairs to see those letters written to the Home Secretary. I hope clause 10 will stay as is and will be a part of a wider strategy to deter.
Tom Pursglove
First, I will deal with the two amendments that we have debated. Amendment 87 seeks to make implementation of the differentiated asylum system contingent on issuing a report on its impact on local authorities and devolved Administrations. The report must also be passed by both Houses. Clearly, immigration is a reserved matter, so it is for Westminster to set policy in that regard. Local authorities and devolved Administrations have not only taken part in the public consultation, where they have shared substantive views, but have been included in targeted, ongoing engagement with the Home Office to discuss issues and implementation. I am afraid I do not see what further value such a report could offer, other than to delay the implementation of this important policy.
Amendment 161 seeks to ensure that nothing in the Bill or this particular section authorises any treatment or action that is inconsistent with the UK’s obligations under the refugee convention. This amendment is unnecessary because we are already under an obligation to meet our international obligations and, as I have continually set out, intend to do so in the Bill. Furthermore, section 2 of the Asylum and Immigration Appeals Act 1993 prevents us, in implementing this policy, from doing anything in the immigration rules that is contrary to the refugee convention. If we were to include such a provision in the Bill, the effect may be to suggest that in any other legislation where it is not included, the intention is not to comply with such obligations. I am certain hon. Members will agree that is neither desirable nor intended.
Neil Coyle
The Minister has rather blithely dismissed our concern about the potential illegality of the measure. What is it that the Minister knows that UNHCR, Amnesty International, British Red Cross, UN Refugee Agency, Salvation Army, Refugee Council, Children’s Society, Law Society, RAMP or the Refugee, Asylum and Migration Policy project, We Belong, Families Together Coalition, Refugee Law Initiative, British Overseas Territories Citizenship Campaign, Human Trafficking Foundation, Reprieve, Women for Refugee Women, British Association of Social Workers, Trades Union Congress, Mermaids, Stand with Hong Kong, One Strong Voice, Rights Lab, Public Law Project, Greater Manchester Immigration Aid Unit, Migrant Voice, Every Child Protected Against Trafficking or ECPAT UK, Justice and Peace, Project for the Registration of Children as British Citizens, Statewatch, Say it Loud Club, Logistics UK, Kaldor Centre for International Refugee Law, European Network on Statelessness, National Justice Project, Asylum Seekers Advocacy Group, Helen Bamber Foundation, Modern Slavery Policy Unit, Centre for Social Justice, and Justice do not? They all say it is unlawful—what do they not know? Why does the Minister think they are all wrong?
Tom Pursglove
I thank the hon. Gentleman for intervening again. I will come on to his point substantively when I speak to clause stand part. Meanwhile, I invite the Opposition Members to withdraw the amendments.
I do not intend to give a long stand part speech, because we have had a wide-ranging and substantive debate on the clause. It is fair to say that many views have been expressed. I do not remotely doubt their sincerity, but I hope that that acknowledgement of sincerity is extended to all Members, regardless of their views on the matter. When Members come to this House, at the forefront of their minds is wanting to do what they believe to be right. Members on the Government side have equally strongly and sincerely held views on the matters that we are debating, and we believe that the approach we are advocating is the right one.
Stuart C. McDonald
I am quite happy to say that all Members are doing what we think is right, though of course we might think each other misguided. I am concerned that the Minister is not going to go into detail about the issues—
Stuart C. McDonald
I thought the Minister was suggesting that the debate would no longer go on.
Tom Pursglove
That is precisely the point that I wanted to focus on before concluding deliberation of the clause. Views have been expressed about differentiation in the way that we are proposing and about its compatibility with our international obligations. I do not agree with the assessment expressed by various Opposition Members: I argue that the differentiation policy is in line with our international obligations, including the refugee convention and the European convention on human rights. Of course, it is for Parliament to determine precisely what is meant by our international obligations, subject only to the principles of treaty interpretation in the Vienna convention. That is precisely what we are doing in the Bill.
I want to say something briefly about people seeking asylum in the first safe country that they reach, the importance of that principle and its relevance in the international context, because there has been a lot of debate on the issue. It is self-evident that those in need of protection should claim in the first safe country that they reach. That is without question the fastest route to safety. The first-safe-country principle is widely recognised internationally, and has been for many years, as my hon. Friend the Member for Dudley South alluded to in his intervention on the shadow Minister, who slightly surprised me by being so willing to condemn the approach taken by the last Labour Government on that principle. It is a long-established principle, which successive Governments have had at the forefront of their minds when looking at and legislating on such matters.
Stuart C. McDonald
Where does the Minister find this principle and what is it derived from? The overwhelming majority of refugees do claim asylum in the first safe country that they come to. Where exactly is he deriving the principle from?
Tom Pursglove
One thing that occurred to me throughout the debate was why any Member of this House would feel that it was necessary for anyone to get into a small boat on the French coastline in order to come to the United Kingdom. France is without doubt a safe country, and I like to think that we could recognise that across the House. Those journeys are completely unnecessary against that backdrop. I am staggered that that point is not recognised more widely. Based on some of the remarks we have heard, one might think that that was not the case. In my mind and those of my colleagues, there is absolutely no need for anyone to get into a small boat to try and cross the English channel or to take irregular journeys.
On the point about what this relates to, the principle is fundamental in the common European asylum system. Without enforcement of it, we simply encourage criminal gangs and smugglers to continue to exploit vulnerable people, and I make no apology for my determination, and that of the Home Secretary and the Government as a whole, to bring these evil criminal gangs to justice and to stop the dangerous channel crossings. We have to stop them, for the reasons that my hon. Friend the Member for Stoke-on-Trent North alluded to. We have a moral obligation to do that, and that is what the measures in the Bill, and the wider package of measures that we talk about very often in the House, are seeking to achieve.
Bambos Charalambous
The clause does no such thing. It actually encourages people to make unsafe journeys and to contact criminal gangs, because there are no safe routes. That is the crux of it. If safe routes were available, fewer people would make the journeys, but nothing that the Government have said creates any safe routes. Since Dublin III ended, there are no safe routes for people to come to the UK to claim asylum.
Tom Pursglove
I am afraid that I just do not accept that characterisation. As I have said on several occasions in Committee, we continue to resettle genuine refugees directly from regions of conflict and instability, which has protected 25,000 people in the last six years—more than any other European country. It is central to our policy that we advocate safe and legal routes and put them at the heart of our policy making. I have talked about several of them. Of course, this is something that we keep under constant review as the international situation evolves and as needs require. I have no doubt that that will continue to be the approach that we take—establishing routes that are appropriate to the circumstances that we find ourselves in.
Anne McLaughlin
Earlier today, I asked about safe and legal routes. The Minister said that by the time the Bill is enacted, a safe and legal route from Afghanistan will be up and running. I asked him about the other ones. Did he mean just the one route to which he referred, or did he mean routes across all countries where they might be needed? He said he could not answer at that time because the Chair would be annoyed, as we were talking only about the amendment on Afghanistan. Will he now take the opportunity to tell me whether those safe and legal routes will be available to anyone who requires them, to prevent them from making dangerous journeys, before the Bill is enacted?
Tom Pursglove
I respectfully say to the hon. Lady that there are routes in place that people can avail themselves of in order to seek sanctuary in this country.
The Chair
Tom Pursglove
We have now debated that with some regularity and in some detail. I do not intend to recover that ground, but of course we continue to offer family reunion, which has seen a further 29,000 people come to the UK over the past six years. As I say, the context in which we are debating these matters in Committee is that people are risking and losing their lives by making dangerous crossings of the channel. I argue that we need to do everything in our power to stop the criminal gangs and to break their business model.
Where people seek to join family or work in the UK, they should make an application via the appropriate safe and legal route. We are committed to safe and legal routes, which are the cornerstone of our immigration policy. They are one part of, but very central to, what we seek to achieve through the Bill, through our direct engagement with the French, and in our wider diplomatic programmes. With that in mind, I ask the Committee to agree that the clause stand part of the Bill.
Stuart C. McDonald
I would like to respond briefly to the debate, which has been wide-ranging. I have to express some frustration, because the Minister said he would address in detail the reasons he thought the provision is in compliance with the refugee convention. I do not think he said anything at all about that. I appreciate that he has already undertaken to write several letters. Could he write another that explains how article 23 of the refugee convention, which requires equal treatment with nationals in access to social security, can possibly be consistent with a clause allowing the Secretary of State to treat people unequally? All the points we have made about the lawfulness of the Bill have not been addressed. I would be grateful if the Minister would do so.
During the debate we lost sight a couple of times of what we are talking about, which is people who are refugees. Sometimes people refer to genuine refugees, and we are talking about genuine refugees, who, by definition, have been assessed by the Home Office as such. The clause enables the Secretary of State to essentially treat them like trash—to withdraw access to public funds, to leave them in limbo and keep them separate from their families. While we support all reasonable measures to stop the crossings, we draw the line at treating the victims of these people smugglers like trash.
In actual fact, the British public are with us. Public opinion polling shows that people are sympathetic to refugees, and I think they will be upset when they find out that this is how refugees will be treated. I ask the Minister to engage with the UN High Commissioner for Refugees on the legality of the measures. These are hugely important concerns for a number of reasons, so I hope he will engage with him.
Tom Pursglove
I have a meeting coming up with him in which I fully suspect we will talk about these measures.
Stuart C. McDonald
I have no doubt about it. That is appreciated. On the effectiveness of these measures, reference has been made to how this would disincentivise crossings. Again, there is no Home Office analysis to show that that would be the case. In fact, Home Office analysis is to the contrary. Where is the analysis to show that disincentives will work? We need to see analysis of what the Home Office think the incentives that make people do this are. As we have said, it is things like family, a history with the United Kingdom or speaking the language. None of those will be changed by the Bill. The Secretary of State will not change the incentives that bring people here in the first place.
The numbers are challenging, but in the grand scheme of things the number of asylum seekers in the United Kingdom is tiny. Most folk do not claim asylum here. That is not the issue. Yes, we want to stop them making dangerous journeys, because none of us want to see lives put at risk, but what has been proposed here goes way beyond what is acceptable.
Question put, That the amendment be made.
Stuart C. McDonald
It is good to see you in the Chair again, Sir Roger. I rise to speak in support of amendment 98 and the other amendments in this group, but against the clause standing part of the Bill.
Clause 11 brings us to the question of how we accommodate asylum seekers, including, of course, the Uyghur, the persecuted Christian and the Syrian I keep referring to. Precisely how they are accommodated can have a profound impact on them. When I had the pleasure to be co-opted on to the Public Accounts Committee for a day back in October 2020 for an evidence session with the permanent secretary of the Home Office, I asked him whether there was a commitment at the Home Office to return to a reliance on community dispersal and a target to end hotel use by a certain date, and to end the use of military barracks as detention centres. He responded:
“There is not a target date, but we are obviously keen to do those things as soon as possible. Both those measures—the use of hotels and the use of other assets owned by the Government, including by the Ministry of Defence—are temporary, to take account of the surge in demand.”
He went on to outline various measures through which that would happen, including faster decisions and fairer distribution models. When he came before the Home Affairs Committee recently, he maintained that that was still the Department’s intention.
It would be reassuring to hear from the Minister today that he and the Secretary of State intend to commit to that model and that goal. Community dispersal is definitely the best system, although I accept that its current operation is far from ideal, as reports from the Home Affairs Committee have made clear. The system gives local authorities immense responsibilities, but few powers and even less by way of resources with which to fulfil those responsibilities. At the same time, significant problems with inappropriate and poor-quality accommodation have been identified.
We need a Bill that addresses those challenges. If this Bill did so, it would undoubtedly expand the capacity in dispersed accommodation. If it did that, the Bill would have our support and I would stop defending councils that did not participate in dispersal. To that end, amendment 17 calls for the Secretary of State to report each year on the types of institution in which asylum seekers are being housed and the steps that are being taken towards realising the goal of maximising the use of dispersal accommodation, including the financial support being offered to councils. Surely the Minister cannot find anything objectionable in that, if maximising the use of dispersal accommodation is genuinely the Government’s goal.
The problem is that the Bill tends to suggest, as does a lot of other evidence, that the Government are not pursuing that goal and are more interested in taking a different route. The Minister has to explain why this clause exists if the Government want to opt for dispersal accommodation as their central goal. The available evidence tells us that large-scale institutional accommodation centres are, by a distance, a disastrous alternative. That is putting it far too nicely when it comes to what happened at Napier Barracks, and yet correspondence from the Home Secretary to the chair of the Home Affairs Committee, and the explanatory memorandum to the special development order that extended Napier’s use, expressly suggests that Napier is supposed to be treated as a model or a pilot for the accommodation centres that feature in the Bill.
That is a truly terrifying path to go down, as the totally inappropriate nature of Napier Barracks is well documented in numerous reports and the High Court judgment, which was described as finding that
“the arrangements and conditions in which asylum seekers were held, posed significant risks that their physical and mental health would be harmed.”
According to the findings, Napier Barracks was overcrowded and felt like a prison. For residents, the environment was reminiscent of previous experiences of detention in places where they were tortured. Dormitory accommodation meant there was no privacy or quiet, and sleep was interrupted repeatedly. Cleaning was poor, and the inadequate shower facilities were frequently broken, unusable, dirty or unsanitary. They were also communal, which was particularly difficult for those with visible scarring from torture.
The all-party parliamentary group on immigration detention has highlighted extensive testimony that backs up the judgment of the High Court. The group has identified problems with poor Home Office identification and safeguarding of vulnerable people, and repeated instances of self-harm and attempted suicide on site —in short,
“profoundly negative impacts…on the mental health of residents, many of whom were already vulnerable.”
That all shows precisely why we should not go down this route, and why this clause should not stand part of the Bill.
Most of the remaining amendments in this group challenge the Minister to outline more about what the Home Office has in mind on how these centres will look and operate. Amendment 98 poses a question to the Minister. Can he tell us who will be placed in these accommodation centres? Will it be women and children? Will it be people with physical disabilities? Will it be individuals who are suspected to be survivors of modern slavery or trafficking? Will it be survivors of torture? Will it be LGBT people?
A Home Office policy document suggests that such groups should not be accommodated at Napier, so I hope it will not be difficult for the Government to agree to such an amendment. However, there is a challenge; as I alluded to earlier, there have been multiple examples of where that policy does not appear to have been appropriately adhered to, and we require reassurance that that will be done properly.
Tom Pursglove
I hope I can provide the hon. Gentleman with some clarification at this early juncture. We have no intention to accommodate children in accommodation centres. More broadly, decisions will be made on a case-by-case basis, as set out in policy, in relation to other individuals. I hope that gives him the assurance he seeks.
Stuart C. McDonald
It gives me reassurance that children will not be housed in such accommodation, and I think all hon. Members will welcome that. However, we are again being asked, essentially, to legislate blind. As parliamentarians, we are repeatedly told that all sorts of important information will be set out in guidance and in immigration rules, but before we give the Government the power to go ahead, we must least be told what they intend to put in that guidance and those immigration rules.
All sorts of other questions that I have asked—about people with physical or mental health problems, and survivors of modern slavery and trafficking—have yet to be answered. How soon do the Government want to put these people in such accommodation? I want to hear the answers before the Committee is asked to vote on whether the Bill should contain the protection that we propose.
Amendment 103—it is probably redundant in light of the Minister’s welcome reassurance—enables us to ask how, if there were to be children in accommodation centres, those children would be educated. Section 36 of the Nationality, Immigration and Asylum Act 2002 means that most children in such centres cannot attend state schools. This amendment would remove that restriction, but I am pleased to hear that that question will not arise.
Tom Pursglove
I would like to confirm that that is not relevant, as we are not proposing to accommodate anyone under section 17.
Stuart C. McDonald
I am grateful, because that clarifies the issue. Amendment 104 is in the name of our Labour colleagues, but it has our full support. It makes the point that it is essential that accommodation centres are not de facto detention centres or prisons, in the way that Napier has been, with basic liberties and freedoms more theoretical than real. It raises a crucial question about how we can ensure that such places have accountability and oversight.
The Government will be using sections of the 2002 Act that are not yet in force to implement many of their policy goals, but there is still dubiety about precisely which ones. Section 33 of the Act would have created advisory groups for each accommodation centre, with powers to hear complaints from residents and report to the Home Office. Is that section to be commenced? If not, what alternatives do the Government propose to ensure that such centres are subject to appropriate oversight? I will leave it to the shadow Minister to flesh out that point.
Amendments 102 and 160 take us back to how the Home Office engages—or, rather, does not engage—with other tiers of Government. The Minister was perhaps asleep at the wheel earlier, because his answer was short on detail about engagement with local authorities, and in particular, the devolved Administrations. I accept that asylum is reserved, but these institutions touch on all sorts of powers and services that are the remit of devolved Governments and Parliaments or local authorities, including planning policy and the provision of health, social or other welfare services and education services. In particular, consistent with our championing of local government autonomy and the idea that local government should be seen as a partner rather than an assistant of the Home Office, amendment 102 demands that these centres not be built in a local authority’s territory without consent from that local authority.
The way in which local councils were treated in relation to both Napier and Penally was disgraceful. The Home Office did not even consult Folkestone & Hythe District Council and Kent County Council about the extension of planning permission at Napier because, it said, of urgency, and yet as the House of Lords Delegated Powers and Regulatory Reform Committee notes, it must have known for at least 12 months that planning permission would have expired. It had 12 months in which to carry out consultation, but that was still the excuse.
As I said at the outset, we pose all these questions with a view to ascertaining what precisely the Government intend and why there are not greater constraints in the Bill, but ultimately we believe that this is not the right direction of travel. We support community dispersal—improving that system, making it work better, and involving more councils. We hope that the Government come back to that view and make that system work instead.
Bambos Charalambous
That is deeply concerning and shows that the Government have not learned any lessons from Napier.
Before I come to the specifics of the amendment, I will first set out exactly why the Government’s record on Napier barracks, alongside the provisions in clause 11, sets such alarm bells ringing. In doing so, I will demonstrate why the amendment is so necessary.
Organisations from the refugee sector that have worked with people held in Napier have identified and documented the following conditions:
“A pattern of spiralling mental health among people placed at Napier. Many people arrive already struggling with self-harm and/ or suicidal ideation, so this is a profoundly harmful context for them.
Chronic sleep deprivation among residents at Napier.
Conditions that are cold and dirty and afford no opportunity for privacy or social distancing.
An isolated and prison-like setting.
A total lack of mental health support onsite; very minimal healthcare onsite, and problems for residents in accessing healthcare in the community.
A sense among residents, in line with HMIP’s observation, of being trapped on site.
Profound vulnerabilities and histories of trauma among residents at Napier are not always obvious on the surface and can be difficult for individuals to disclose in general. Napier is then a very poor context for disclosure, as the prison-like setting is not conducive to building trust. We are therefore concerned that it is not possible to create a screening mechanism for Napier that would pick up all relevant vulnerabilities.
There is very little communication with residents about their asylum case.
Additionally, it is very difficult for individuals to access adequate legal advice, and they frequently go ahead with asylum interviews without having consulted a legal adviser. Virtually no one placed at Napier is able to access face to face meetings with legal advisers, and this seriously obstructs identification and disclosure of trauma.”
Residents of Napier and Penally who have given evidence to the APPG on immigration detention have described the Napier and Penally sites as feeling “prison-like”. Prison conditions have a traumatising effect on people who are already vulnerable as a result of previous experiences that have forced them to seek protection. Ministers must surely be aware that there are bound to be serious concerns about the potential use of such draconian accommodation centres for asylum-seeking men.
Tom Pursglove
I might be able to help the hon. Gentleman. The accommodation centres that we are proposing are not detention centres. Individuals can leave the centres at any time—they may have obtained accommodation with friends or family, for example.
Bambos Charalambous
I welcome the Minister’s comments, but it would have been helpful if that information had been provided beforehand, because we are still in the dark about what the accommodation centres will be like.
Tom Pursglove
May I repeat the point that I made earlier about the policy approach that we intend to adopt in accommodation centres, which is that children will not be accommodated in them?
Anne McLaughlin
I was really glad to hear the Minister say that, but then my cynical friend the hon. Member for Bermondsey and Old Southwark pointed out that this is not about the intention but about making it crystal clear in the legislation—and perhaps the way to do that is to accept amendment 98. I hear what the Minister says, and yet still we have babies accommodated in a mother and baby unit. I have been fighting since January to get them out and have been told, “Okay, we will take them out of there.” There is a fantastic campaign called Freedom to Crawl, which points out that the rooms are so tiny that the development of these tiny babies—some of them becoming toddlers—is stifled because they do not have the freedom or the room to crawl. The Minister can tell me that they are not going to house children in those centres, but that is what is currently happening. If he thinks that is wrong, I would be glad to have his support to put an end to it.
Tom Pursglove
I am talking very specifically about accommodation centres in relation to the clause. If the hon. Lady writes to me with the specifics of the mother and baby unit in her local area, I will take that away and look at it.
Anne McLaughlin
I know that we have said “another letter” a number of times today, but I appreciate that offer. I understand that the Minister might not have heard of the unit because it is in Glasgow—although his predecessor might have known about it—but I would be happy for him to look at it.
Along with Alf Dubs—Lord Dubs—I co-chair the all-party parliamentary group on refugees. We recently held a meeting to look at types of accommodation centres. We had a guest, a former politician from Belarus, who told us a story about why such accommodation does not work. He had to leave Belarus for political reasons in 2017. He had no choice. He was in serious fear of his and his wife’s safety. He said, “I am very grateful for the help and support that I have had, and I appreciate Britain taking me in.” He was really appreciative and not complaining, but he said now that he is settled he wants to make this point as much as he can so that other people do not go through what he went through when he initially got here.
They arrived in London and were put in shared accommodation in a hostel called Barry House, a big house full of, as he described it, “people like ourselves” who were seeking asylum. The people who lived in the house were from different backgrounds and cultures with different ideas about lots of issues. He said the staff did their best to make it comfortable, but it was not really possible to be comfortable. During the six months he was there, every day started and ended with some sort of scandal or argument. He described it as a powder keg, and we can understand why, because many of those people had post-traumatic stress disorder, and many of them spoke different languages, so we can imagine how stressful that would be. He said, “We tried to keep ourselves to ourselves—I couldn’t always tell what the arguments were about”, but he could feel the stress coming off other people. He said it was difficult for the staff to look after so many people; one thing he mentioned was everyone’s different dietary requirements, due to a number of things, including culture. He said the staff tried their best to provide a neutral menu, which meant that nobody was happy, but of course they did not feel they could complain, because they were grateful that they were no longer in their previous situation.
We have talked about not housing people with disabilities in that kind of accommodation, as mentioned in amendment 98. This gentleman had diabetes and is also a wheelchair user, and he said his health suffered because of the diabetes and he could not get access to the type of food he needs to maintain his insulin levels. He talked about using the toilets and said there was a limited number he could use, and because there were so many people in there, sometimes he had to wait for hours to use the few toilets he was able to get access to. He said it was like daily torture just trying to use the toilet, and a shower became a luxury for him.
This gentleman needed a specialist bed because of his mobility problems, but of course he could not get one because the rooms were so tiny he could not get one in. He said to me, “I knew I couldn’t go home. It wasn’t possible to go home. I thought I was safe, but I began to have suicidal thoughts at the centre. My life was at risk in Belarus, but it felt like my life was just disappearing in the UK.”
At the time, this gentleman said the stress and pressure was just enormous and that, had it not been for the Refugee Council in England, which provided a psychologist who gave him the belief he could get through it, he would not have survived. He said, “It was really difficult. I was a politician at home. I had what was considered a high standing in society, and I came here and I felt like absolutely nobody.” He said he was not underplaying everybody else’s problems; everybody else had serious problems, and when they are housed in accommodation together, the problems multiply. As I said, he described it as a powder keg and said that everybody had had negative experiences and everybody was scared of different things. Somebody is scared of noises, somebody is scared of something they see—people are all frightened, and that is the legacy of what they have been through. If they are put all together, it is extremely difficult.
I am strongly opposed to that type of accommodation, and the sooner people can get into community dispersal, the better. I know the Minister said he would ensure that the accommodation was not detention—or he said it would not be detention—but my question is whether it will feel like it. In the so-called mother and baby unit in Glasgow, for a time they were not allowed to leave without asking permission, and when they came back they were not allowed a key to the door. They had to wait, standing outside with their babies, until somebody came to let them in, which could be quite a while.
It is well documented how bad detention is for people seeking asylum who have mental health issues, which must be most asylum seekers after what they have been through. A lot of good work has been done by Professor Cornelius Katona and the Helen Bamber Foundation on mental health and detention. I am sure the Minister will be aware of the reports they have done.
I visited Dungavel detention centre in Scotland when I was a Member of the Scottish Parliament. I went in there and I felt like a criminal. They took my fingerprints and they walked about with big bunches of keys. Obviously, I was only there for a visit and I knew I was getting out again. The problem with detention is the indefinite nature of it.
The Minister said it is not indefinite accommodation, and if they can arrange other accommodation themselves they can get out, but I want to share the story of a mother and son I visited. The son was 10 years old. They were in detention, but I cannot help wondering whether we are going to find children in these accommodation centres feeling the same. At the age of 10, he said to his mum, “Mum, let’s not do this anymore. Please can we just find a way to let us die.” That is a 10-year-old boy. He is not dead now; things changed and their lives got a whole lot better, although he is very much impacted by his experience there. I am offering anecdotal evidence not to back up my claim, but to illustrate the detailed research that demonstrates that that child is not an isolated case. I know the Minister is saying that the intention is not for children to be placed in such accommodation—and certainly not in detention—but I want a guarantee that no children will be housed in these circumstances. I am sure he will agree with me that nobody wants to put children through what that child went through.
Tom Pursglove
We have had an extensive and wide-ranging debate covering a host of areas. I thank hon. Members for their contributions. I turn to amendments 16, 17, 98 to 104, 130 and 160.
Amendment 16 seeks to disapply a key part of the clause. As I set out, one of the clause’s aims is to enable wider flexibility so that individuals are supported in accommodation centres for as long as that form of housing and other on-site support and arrangements are appropriate for their individual circumstances. We need flexibility to increase the period of residence in a centre—the current maximum allowed by legislation is nine months—if experience shows it to be too short a period to provide consistent streamlined support. The amendment would prevent that. The Government take seriously our responsibilities to asylum seekers, and I reassure hon. Members that those accommodated in the centres will receive the necessary support to meet their essential living needs.
Stuart C. McDonald
Will the Government not at least consider a maximum time limit on the duration of stay?
Tom Pursglove
There have been references during the debate to detention. As I set out in an intervention previously, the accommodation centres are not detention. It is very important to establish that again. I want to make the point clear: anyone in one of those accommodation centres is able to leave at any time. It is important to re-establish that.
Neil Coyle
On the point about transparency and accountability in the centres and all accommodation used by the Home Office, will the Minister tell us whether the Bishop of Durham and other members of RAMP will be able to visit the centres? Perhaps the Minister will encourage them to be more open to visits by parliamentarians. Perhaps he will visit some of the accommodation used in Southwark, where people were told they should be moving and were not provided with interpreters, which has caused problems for them and for the wider community. Furthermore, covid outbreaks at hotel and hostel accommodation have put those people and the wider community at risk and placed the NHS under greater stress.
Tom Pursglove
The hon. Gentleman will appreciate that I have not been in post for long—for just over a month—and the accommodation element of the Government’s work on immigration does not fall directly within my brief. However, I want to visit Napier, to see the situation myself and to understand the nature of the accommodation, and my officials are in the process of organising that. I might have done it sooner had we not had the Bill Committee proceedings over the next few weeks. I assure hon. Gentleman that that is something I very much want and intend to do, and I will certainly do it.
On the bishop visiting, I am not aware of any restrictions that would prevent that from happening. I hate to do this to the hon. Gentleman again, but if he furnishes me with the details of issues that have arisen, I will gladly ensure that that is looked at. As far as I can see, there is no good reason why those sorts of external visits cannot take place, but I would appreciate a little more detail.
Paul Blomfield
May I push the Minister a little further on the issue? He has been at pains to say that the Government’s plan is not for the centres to be where people are detained. Will he therefore put on the record that people are free to come and go as they wish, and to receive visitors as they wish in the centres?
Tom Pursglove
As I have said repeatedly now, my understanding is that people are under no obligation to remain within the accommodation facilities if they do not wish to do so. Of course, one of the reasons why people may be in an accommodation centre is that they are destitute. In such circumstances, we want to ensure that appropriate accommodation is in place for them to be accommodated and properly cared for in the centres. That is the intention behind the policy.
It is worth saying something about future oversight of accommodation centres, which has been alluded to. We will establish advisory groups for each centre. The group will visit the site, hear complaints and report any findings to the Secretary of State. I value the input that the advisory groups will have. It is important that we are responsive to the issues that arise and that where improvements can be made, they are made.
Neil Coyle
On the point about section 33 of the 2002 Act—the advisory groups—will the Minister tell us why such groups have not been established at other existing centres? It is all very well to make a promise about the future, but that section has not been used for existing examples.
Tom Pursglove
There has been a very clear undertaking in Committee to establish those advisory groups, which is welcome. The hon. Gentleman will be aware that various transparency and accountability measures are in place for accommodation within our immigration system more broadly. That is right and proper but, again, where that can be enhanced and where we can bring greater transparency and improvement, we should do that. That is why I welcome the Government’s commitment with regard to oversight over the accommodation centres to ensure that there is regular engagement and that a clear channel is established through which to raise and take account of any issues.
Neil Coyle
Who, specifically, will be responsible for bringing forward the advisory group for each centre? Where do the responsibility and duty lie?
Tom Pursglove
We are getting into very granular detail, as we would expect. I will need to take further advice on that specific point, which I will make clear to the Committee. However, our commitment to establish those advisory groups stands; those groups will play an important role in the oversight of the accommodation that we propose to bring about through the measures in the Bill. I give way to the hon. Gentleman again.
Neil Coyle
The Minister may regret that. He is asking us to accept on good will that the advisory groups will exist in the future, but he cannot tell us who will set them up, who will be on them, or why they have not been used in the past, despite being in the 2002 Act.
Tom Pursglove
The hon. Gentleman will be pleased to know that the people who organise my diary have confirmed that I am set to visit Napier in the not-too-distant future. I have been able to be responsive to that point pretty quickly. I will make some progress on his other point, and I hope to be able to visit it very shortly to provide him with the clarification he requires before concluding my remarks. That is my undertaking to him: I will, for the Committee’s benefit, establish the mechanism that will enact our commitment.
Contrary to what amendment 17 seems to imply, it is not the Government’s intention to maximise the number of supported asylum seekers accommodated in flats and houses in the community. I understand that SNP Members take a different view on the matter, so I appreciate that that will come as a disappointment to them. However, it may be more suitable to house certain cohorts of asylum seekers in accommodation centres, and that is why we are setting them up. Where, for example, their protection claims are likely to be found inadmissible and they can quickly be removed to the appropriate third country, it is likely to be much more efficient to place them in an accommodation centre so that the practical arrangements for facilitating their departure, such as dealing with the necessary travel documentation, can take place at the site. That efficiency benefits the individuals as well as the overall asylum system.
One point that has been overlooked during the debate is that the Government’s whole intention around the policy we are seeking to establish is to deal with cases in a much quicker, speedier and—I would argue—more humane way. I think being able to give people certainty sooner is a good thing, and I would like to think that, whatever the outcome of individual cases, spending less time in any form of temporary accommodation can only be a good thing. It is important to recognise that the whole intention of the policy we are trying to develop is to get on with adjudicating on cases sooner.
Stuart C. McDonald
It is not the type of accommodation that has led waiting times to spiral out of control. Only three years ago, there was a regular six-month target time—that was all within the dispersal system as well. Putting folk in the accommodation centres has no real impact on decision times. On the contrary, the Minister will know that since January, when the inadmissibility procedures came into place, virtually nobody has ended up being removed. It has just added six months to the waiting time; it has not accelerated anything. It is just a six-month block—that is it—so I do not understand where he is coming from.
Tom Pursglove
In the context of the Bill and in the course of our debates, we will revisit the various challenges in our asylum system many times. My hon. Friend the Member for Stoke-on-Trent North made the point earlier that the system is broken, and there is a wide acceptance of that. Undoubtedly, that means that people are left in a state of uncertainty around their circumstances for longer than any of us in this House wish to see.
I can provide clarity to the hon. Member for Bermondsey and Old Southwark on his point about the duty to appoint the group. The answer is that section 33 of the 2002 Act requires the Secretary of State to establish advisory groups for accommodation centres. Napier has not been deemed an accommodation centre at the moment. It is contingency accommodation to manage the high demand for housing that we are undoubtably seeing as a result of the pressures in the system that are a direct consequence of the channel crossings. However, he has that certainty on that particular mechanism.
Holly Lynch
Given the merits of these advisory committees which the Minister has set out, and given that, in relation to Napier and Penally Barracks, the Home Office ignored advice from Public Health England in a pandemic, the weight that the advisory committee would carry really does matter. He said that Napier Barracks is still contingency accommodation rather than an accommodation centre. Would he consider setting up an advisory committee for Napier Barracks?
Tom Pursglove
I will certainly take away the hon. Lady’s suggestion and feed that through to the Under-Secretary of State for the Home Department, my hon. Friend the Member for Torbay (Kevin Foster), who shares responsibility for immigration with me at the Home Office.
Neil Coyle
At what point is a centre of accommodation such as Napier deemed an accommodation centre by the Home Office in order to get an advisory group set up? How long will Napier be used before it is acknowledged that it is an accommodation centre?
Tom Pursglove
I dispute that interpretation of the situation at Napier, because Napier does not have the same wrap-around services that we envisage for accommodation centres. For example, the accommodation centres that we will seek to deliver will have significant caseworking functions built within them. That is a marked difference to Napier. Again, I am visiting Napier in a few weeks’ time and I will be interested to hear from the people there and to talk to the officials managing the accommodation to listen to their experiences. As I have said, and I think this is an important point, there is always a need to reflect on the appropriateness of the provisions in place and on whether governance and oversight arrangements remain adequate. That is something that we keep under constant review. I note with interest the suggestions that have been alluded to, and I will happily feed them back more broadly at the Home Office.
I want to make some progress, because I am conscious that time is marching on. The numbers of asylum seekers in different types of accommodation—if that is of interest to parliamentarians—can be obtained through existing channels, such as correspondence or parliamentary questions, so an annual report setting this information out is unnecessary. Amendment 98 is also unnecessary because there are no plans to place those with children in accommodation centres, and all other cases will only be placed in a centre following an individual assessment that the centre is suitable for them and that they will be safe.
Whether or not groups with the characteristics listed in the amendment are suitable to be supported at a particular accommodation centre will depend on a number of factors. These include their personal circumstances and vulnerabilities, and the facilities available at the particular site or in the particular area. It is not sensible to rule out large cohorts of cases from ever being placed in an accommodated centre in any circumstance, especially if their asylum case is more likely to be resolved quickly in a centre, which of course is in their best interests. I re-emphasise that our intention remains to get to a place where cases are processed quicker than they are at the moment, and that is something that we all should welcome.
Stuart C. McDonald
Where is the evidence that doing this in accommodation centres speeds things up? We have had dispersal systems for years and on some recent occasions the waiting times have been absolutely outrageous, but a few years back they were perfectly acceptable. We can have fast decision making and we all support that, but that does not require these terrible accommodation centres to be set up.
Tom Pursglove
The hon. Member and I fundamentally disagree on this point. I think that there is value in having accommodation centres that provide accommodation but also ensure that caseworking facilities are available alongside. That aids in the processing of cases more quickly. That is a sensible step forward, and something that I endorse. I think it is the right thing to do in these circumstances.
Amendment 99 would also undermine a key objective that we are trying to achieve through setting up accommodation centres, which is to resolve asylum cases more quickly by putting casework and other services on site. This speaks to the point that I have been making; there is therefore no rationale for restricting the number of people who will benefit from these improvements to 100 individuals per site.
Additionally, there is no reason why unrelated asylum seekers cannot share sleeping quarters, provided that they are the same sex. This is already allowed for in the asylum accommodation system. Those in flats or houses, for example, may be required to share bedrooms. Some asylum seekers might require their own room—for example, the current policy provides that those receiving treatment from the Medical Foundation for the Care of Victims of Torture should generally not share sleeping quarters with strangers—but that is because of their individual circumstances. I re-emphasise that appropriate decisions must be made on a case-by-case basis and, where circumstances require, appropriate arrangements should be made.
Amendment 100 seems to be based on a misunder-standing—I intervened on the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East on this point earlier. We are not proposing to accommodate anyone in the centres under the powers in section 17 of the 2002 Act. Asylum seekers will be accommodated in the centres under section 95 of the Immigration and Asylum Act 1999, or section 98 of the 1999 Act, pending consideration of an application for section 95 support. If the application is refused, there will be a right of appeal in the normal way.
Amendments 101 and 130 are both similar in theme to amendment 16. I disagree that the normal period of residence in an accommodation centre should be no more than three months. It may be that a three month period is appropriate in some cases, either because of the individual circumstances of the asylum seeker or the nature of the facilities at the site. However, as I have explained, we need the flexibility to increase the period of residence in a centre if experience shows this period is too short to provide consistent, streamlined support.
Amendment 102 would effectively give local authorities a veto on any proposals to set up accommodation centres in their areas. That is not appropriate. It is right, of course, that local authorities are fully consulted about such proposals and their views about local impacts and other matters given considerable weight.
Anne McLaughlin
I agree that it is right that local authorities are consulted, so the Minister will forgive me for being a little cynical that that will happen. When asylum seekers were put into a hotel in Falkirk a couple of weeks ago, Falkirk Council knew absolutely nothing about it and were not able to support them. He will forgive me for being a bit cynical about that pledge.
Tom Pursglove
I think it is absolutely essential that there is an open dialogue with local authorities about any measures that are proposed in their areas, and that those local views are properly taken into consideration and reflected in the decisions that are reached. That is a commitment that we make, and is already a feature of the current system.
Neil Coyle
On that point, the hon. Member for Glasgow North East says she is a little cynical. I am afraid that I am a lot cynical. In Southwark’s example, the local authority was given absolutely no notice of a total of—I think—more than 700 asylum seekers being placed in hotel and hostel accommodation. That was just in my constituency. There were others in other parts of Southwark. When I asked the Home Office what resources were being allocated to local authorities to ensure that they could manage such a significant number, it replied that it had provided some small resource to the clinical commissioning group.
Tom Pursglove
I take on board the point that the hon. Gentleman raises. However, as a general principle, I think it is right and proper—as I think all Members of this House would expect—for local authorities to be properly consulted.
Mr Goodwill
Let me reassure the Minister that when the Afghans came to Scarborough recently, not only was the local authority fully engaged with the process, but the local community was too.
Tom Pursglove
The interesting thing is that my right hon. Friend’s experience in Yorkshire accords with the experience that I think the local authorities in Northamptonshire, where I am proud to be a constituency MP, have had.
There has been that consultation in relation to the Afghan scheme and the Government’s intentions around delivery of that important work. Although not required to do so by legislation, our accommodation providers consult local authorities on any proposals to use accommodation that has not previously been used to house supported asylum seekers. But it is not realistic to assume that that consultation will always result in agreement.
Amendment 103 is unnecessary because asylum seekers with children will not be placed in accommodation centres at any stage of the asylum process and unaccompanied children are supported by local authorities under different arrangements. Both groups of children will therefore be educated under normal arrangements in the same way as a British child. As we are not proposing to use the power in section 36 of the Nationality, Immigration and Asylum Act 2002, there is no need to amend it.
Amendment 104 is unnecessary also. Individuals supported in accommodation centres will be expected to live at the centre as a condition of their support and be subject to a range of other conditions attached to the provision of their support that are set out in writing—for example, that they respect other residents and do not commit antisocial behaviour. This is already part of the normal process and applies whatever accommodation is provided to supported asylum seekers.
Those accommodated in the centres will also be able to receive visitors, to use communications equipment such as telephones or computers and to leave the site for personal reasons or because they have found alternative accommodation. I hope that that gives the hon. Member for Sheffield Central the reassurance that he sought. It builds on the earlier point that I made about the fact that people would be able to leave if that was what they wanted to do.
There is already a complaints procedure administered by Migrant Help, a voluntary sector organisation that also provides advice on individuals’ entitlements and how the immigration system works. Asylum seekers and failed asylum seekers are currently issued with written information about their bail conditions. They are also issued with an asylum registration card, which is used for identification purposes.
Amendment 160 is also unnecessary. Sections 40 to 42 of the 2002 Act already prevent the Government from making arrangements for the provision of accommodation centres in Scotland, Northern Ireland and Wales, unless they have consulted Ministers in the devolved Administrations. That consultation would include discussion of any financial or other impacts of introducing accommodation centres.
There are a few points that I have picked up in my main remarks but about which I want to say a few words in response to the questions that were put. In relation to Napier specifically, there have been extensive improvements to Napier since the High Court judgment. For example, all residents are offered a covid vaccination. Free travel is in place for them to get to medical appointments. There is a commitment to the availability of sports and recreation. A programme of works to improve the infrastructure is under way; that is along with weekly meetings to identify and act on any concerns that arise. Again, it is important to be responsive to issues that arise and to ensure that improvements are put in place. What I have referred to demonstrates that some of the issues that were raised previously have been taken very seriously and improvements have been made.
The judgment on Napier was reached on the basis of the conditions on the site prior to the significant improvement works that have taken place. The High Court did not make any findings that accommodation centres were not suitable for providing support.
Generally speaking, in the course of the debate on clause 11, we have talked about the difference that we hope accommodation centres will provide. I just want to restate the policy, which is to increase accommodation capacity, to try to get away from using hotels, which has been very, very challenging—I think everybody would accept that—and to achieve casework efficiency, for the reasons that I have previously set out. We think that co-locating services will be helpful in that regard, to try to process cases more quickly and try to give people the certainty that they are seeking. That is particularly beneficial to genuine refugees. Our policy is grounded in that basis.
A question was also asked about conditions in hotels and full-board centres. Full support is provided to meet essential needs, which includes food, toiletries and the means to communicate. Also, asylum seekers in full-board accommodation have access to legal aid, which pays for reasonable travel costs to see their solicitors.
Holly Lynch
Could the Minister update Members about how many people have been returned to safe third countries since those legal changes came into effect?
Tom Pursglove
I am afraid that I do not have those figures to hand, but I will take that request away—very gladly—and I will share that information with the Committee when I have it.
Clause 11 amends section 25 of the Nationality, Immigration and Asylum Act 2002, so that these periods of time may be changed, by order, to allow for longer or shorter periods. The clause will also provide the flexibility to ensure that individuals remain in accommodation centres for as long as that form of housing and the other support and arrangements on site are appropriate to their circumstances. I encourage the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to withdraw his amendment.
Stuart C. McDonald
On this occasion, I certainly cannot complain that I have not had answers; I may absolutely despair about what those answers were, but the Minister has certainly provided the information.
I am genuinely sad that covid and the stress that it has put on the dispersal system means that the Home Office now appears to be abandoning that system altogether when it has not been justified that that is the correct option. I very much fear that in a few years’ time this will come back to cause the Government problems; more importantly, it will be devastating for lots of people who will be placed in this accommodation.
However, I have the answers, so I do not need to press the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment proposed: 104, in clause 11, page 14, line 41, at end insert—
“(22B) Accommodation Centres, whether for supported asylum seekers or failed asylum seekers shall not allow for limitations upon a supported person’s right—
(a) to enter or to leave at any time;
(b) to receive visitors of their choice at any time; or
(c) to use communications equipment such as telephones, computers or video equipment.
(22C) Accommodation Centres shall provide supported persons with access to a complaints procedure and procedures for appealing any decisions that may restrict a supported person’s claim to freedoms not limited by their conditions of bail.
(22D) Persons supported in Accommodation Centres shall be informed of the conditions of their bail in writing, and shall be provided with means of identifying themselves are their place of residence.”—(Bambos Charalambous.)
This amendment aims to distinguish Accommodation Centres from places of detention by introducing rights to persons supported at these Centres, and to require persons in Accommodation Centres to be informed of their bail conditions and provided with means of identifying themselves.