Migrants: Barges

Debate between Baroness Brinton and Lord Murray of Blidworth

Wednesday 20th September 2023 Lords Chamber

[Baroness Brinton (LD)]

On behalf of my noble friend Lord Roberts of Llandudno, and with his permission, I beg leave to ask the Question standing in his name on the Order Paper.

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

I can assure both the noble Baroness and the noble Lord that the health and welfare of individuals in asylum accommodation, including vessels, is our utmost priority. The Home Office has worked throughout with the UK Health Security Agency on the management of contagious diseases and the policies relating to that, particularly in respect of vessels. Medical facilities and isolation rooms on board have been designed by local NHS services, with UKHSA input.

[Baroness Brinton (LD)]

My Lords, the data from Dorset Council discovered that the legionella strain found on the “Bibby Stockholm” was the most deadly. Public health officials remain concerned that the Government, by doubling the number of asylum seekers on the boat, put them at risk of infectious diseases that spread very fast in overcrowded places, such as diphtheria, scabies and gastroenteritis, all issues that have been found at Manston and other places. Can the Minister confirm that the legionella was successfully removed and that the Home Office will follow public health advice about the number of people kept in places to reduce disease spread caused by overcrowding?

[Lord Murray of Blidworth (Con)]

I can confirm that the Home Office went above and beyond the UKHSA’s initial advice in managing the legionella situation, which was to have no new arrivals to the “Bibby Stockholm”, and decided to evacuate the barge immediately. We have robust and well-rehearsed processes in place across the government estate to test for legionella bacteria and it is not unusual to identify it in water systems, which is why they are subject to regular testing.

Asylum Seekers: Channel Crossings

Debate between Baroness Brinton and Lord Murray of Blidworth

Thursday 7th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The journeys are unnecessary, and I stand by that. If they are leaving from France or Belgium, they are in a safe country—a signatory of the refugee convention. They can make their refugee asylum claims in those countries. The journey across the channel is dangerous and illegal and they should not do it; it is unnecessary.

[Baroness Brinton (LD)]

My Lords, last month’s High Court judgment said that the Home Office’s national transfer scheme for unaccompanied asylum-seeking children was failing. The judge said that neither the Home Office, nor Kent County Council, knew where many—possibly hundreds—of the children were, let alone if they were safe, as required under the Children Act 1989. Will the Minister agree to return to the House to explain what it is now doing in the light of that judgment?

[Lord Murray of Blidworth (Con)]

The House will recall that yesterday evening and yesterday morning we canvassed these topics previously. I can reassure the noble Baroness that the House is considering the judgment of Mr Justice Chamberlain in that case, and steps are being taken to ensure that the national transfer scheme operates efficiently. As the noble Baroness will appreciate, once the Illegal Migration Act 2023 is in force, the numbers crossing the channel will be lower and the numbers of UASC entering through the channel route will be reduced. Therefore, the problem should ameliorate.

Illegal Migration Update

Debate between Baroness Brinton and Lord Murray of Blidworth

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My noble friend makes an important point. It is right that Home Office officials and National Crime Agency officers are working closely with the French to try to disrupt the supply of small boats. We now have many of the boats used in the crossings which have been confiscated following the journeys across the channel. By and large, they are not ones which are sold on the French market; most of these vessels are constructed for the purpose. I have seen them myself, and they are incredibly dangerous and not fit for crossing an area of open water such as the English Channel. I can reassure my noble friend that, from what I have been told, the practice of the French, when they disrupt a launch, is to destroy the effectiveness of the boat and to confiscate what remains of the boat. This is something the French authorities have been handling. We are working, as ever, with them to disrupt the maritime side, and further work to disrupt the upstream provision of both boats and engines is ongoing.

[Baroness Brinton (LD)]

My Lords, there is a shocking omission from the Statement. During the passage of the Illegal Migration Bill, a number of noble Lords expressed concern for the safety of unaccompanied asylum-seeking children arriving in Kent and who was responsible for them. The Minister repeatedly reassured us that these minors were rapidly transferred to other local authorities beyond Kent because it was not fair for one local authority to manage the numbers. Following a court case last month, the leader of Kent County Council said that the national transfer scheme was failing. Kent is now caring for 661 unaccompanied asylum-seeking children and more than 1,000 care leavers. Last month alone, Kent received 489, but only 136 went elsewhere. Shockingly, the judge said that neither Kent County Council nor the Home Office knew where the children are or whether they are safe and well. What is the Home Office doing to make the NTS work? Above all, are these children safe?

[Lord Murray of Blidworth (Con)]

Clearly, the Home Office has the judgment of Mr Justice Chamberlain in the decision of which the noble Baroness speaks. The High Court found that Kent County Council was in breach of its obligations under the Children Act in relation to housing these children. It found that the contingency use of Home Office hotels was acceptable for short periods in an emergency where the facilities of Kent were overwhelmed. It was his view that the periods for which these children were in the hotels had exceeded the permissible period. Obviously, the Home Office is considering that recent judgment. As the noble Baroness observed, the practice has been for Kent to take responsibility for these children. Clearly, the national framework is being used and will continue to be used to redistribute the unaccompanied asylum-seeking children around the country.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for that remark. She is absolutely right: the Belgians are doing an excellent job. The Belgians, in contradistinction to the approach taken by the French authorities, stop the boats when they are in the water and return them to the shore, rather than the approach adopted by the French authorities, which is that they are unable to interfere once the boats have launched. Clearly, this is a topic that is the subject of frequent discussion. I reassure the noble Baroness that her point is well made, and I will take it away.

[Baroness Brinton (LD)]

I am sorry to come back on this point but the answer that the Minister has given twice now to my noble friend Lord Scriven is in conflict with the answer that he gave the noble Lord, Lord Howard of Lympne. To the noble Lord, Lord Howard of Lympne, he said that the Home Office received data, whereas to my noble friend Lord Scriven he said that that data was not available. We know from the data that has been in the press that Kent County Council is certainly aware of the number of children and other details, as would be any other corporate parent local authority receiving children. We are not asking for individual data and the names of children, but there must be statistical ranges of the children who have arrived. The Minister has said that the Home Office holds some data—why does it not hold that data?

Illegal Migration Bill

Debate between Baroness Brinton and Lord Murray of Blidworth

Report stage
Monday 3rd July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I have looked into the history of child rights impact assessments, and they are a rare document. Tomorrow, when the assessment is provided, noble Lords will see an explanation of the background to these documents. There is an element of opportunism about the timing; clearly, these are difficult documents that need to be prepared with care. I say that it will be published tomorrow, so it will be published tomorrow, and at this point I cannot give any more detail as to the precise timing.

[Baroness Brinton (LD)]

My Lords, I will be very brief because many of the points have been made by others during the debate. Yet again the Minister has not answered the speakers’ questions. Yet again we are having a discussion, to discover that the impact assessment on child rights will be with us tomorrow after we have debated some key amendments. He did not respond to the issue I raised about why, if a child is in care when they arrive in this country, they are deemed to be able to make decisions. This is going to end up in the courts if the Government will not listen. Every single part of the response to this group has been an embarrassment and a real shame for children’s rights. I will not press this to a vote but the noble Baroness, Lady Ludford, may wish either to bring something back at Third Reading or to communicate directly with the Minister.

Illegal Migration Bill

Debate between Baroness Brinton and Lord Murray of Blidworth

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Baroness Brinton (LD)]

Will the Minister give way?

[Lord Murray of Blidworth (Con)]

In just a second. My noble friend Lady Sugg also spoke to this amendment.

[Baroness Brinton (LD)]

My intervention is on the previous topic.

[Lord Murray of Blidworth (Con)]

Can we come back to that at the end?

On Report in the House of Commons, my right honourable friend the Minister of State for Immigration confirmed that the Government’s aim is to implement any proposed new safe and legal routes as soon as practicable, and in any event by the end of 2024. I hope that directly answers the question posed by the noble Lord, Lord Coaker. I believe that the timeframe proposed by the Immigration Minister is suitable as it will allow for proper consultation on potential new safe and legal routes, and meaningful consultation with our international partners and key stakeholders, to ensure that any proposed routes work well. It will enable us to work collaboratively across government to welcome and integrate new arrivals. While we are committed to considering new safe and legal routes, we must also acknowledge the current local authority capacity to house and support refugees. It makes no sense to launch new routes where we do not have the capacity to bring people to sanctuary in the UK and ensure their successful integration into our society; otherwise, it would simply be an exercise in paperwork.

In addition, as I have indicated, Clause 59 commits the Home Secretary to publishing a report on current and any proposed new safe and legal routes within six months of the Bill achieving Royal Assent. The proposed amendment would risk rendering this report meaningless. I believe the proper thing to do is to lay the report before Parliament, as we have committed to do, after which we can make a measured decision on any new safe and legal route that may be needed. My noble friend’s amendment, while well-intentioned, would not enable us to do the work needed to ensure that our safe and legal routes form part of a well-managed and sustainable migration system.

[Baroness Brinton (LD)]

I am grateful to the Minister for allowing me to intervene. I return to Amendment 128B and his comments on those with BNO status. I raised whether they should be included within the safe and legal routes for the clear reason that they are not seeking protection and do not fall under UNHCR; they are British citizens who have rights under the British Nationality Act. If there are limits to their numbers, are the Government proposing to change the arrangement for BNO status applicants, and can we please add this to the agenda of the meeting that he promised me on Monday night? It is a very specific issue but a major political one if these people with British national rights are suddenly to be treated as if they are refugees.

[Lord Murray of Blidworth (Con)]

As I say, the definition of those to be caught will be specified in the regulations. Those are all highly pertinent points and, for the reasons I set out on Monday, we can certainly add them to our meeting agenda. I do not anticipate that we are at odds on this, but the topic is not really for the discussion of the Committee at this stage, because these matters would be covered when any regulations were considered.

[Baroness Brinton (LD)]

With the greatest of respect to the Minister, it is covered by Amendment 128B. It is quite explicitly covered by that amendment.

[Lord Murray of Blidworth (Con)]

I hear what the noble Baroness says and hope to be able to offer her some more reassurance during our meeting but, for the reasons I have already set out, the Government do not accept that Amendment 128B is a necessary amendment to the Bill. No doubt we can discuss this further in due course.

Illegal Migration Bill

Debate between Baroness Brinton and Lord Murray of Blidworth

Committee stage
Monday 12th June 2023 Lords Chamber

[Baroness Brinton (LD)]

I am very grateful for the Minister’s answer. One of the reasons why I wanted to lay this probing amendment is that BNO paper-holders feel they are getting a clear message from Border Force and immigration officials that their children do not have that protected status. It is that hole that we are trying to get the answer to, and we have not had it yet. I am very grateful for the meeting, but they need to know because at the moment some of them are being told that their children have no rights and should have Chinese travel documents. If the Government’s officials are saying that, surely that is wrong.

[Lord Murray of Blidworth (Con)]

My Lords, clearly this needs to be looked into and I hear what the noble Baroness says. After the conclusion of the Committee we can have that meeting, explore the issue and I can respond in full. I am certainly not unsympathetic to the points raised.

The benefits of permanent settlement and British citizenship should not be available to those who come to the UK illegally. These clauses serve to underline our core message that if you come to the UK unlawfully, you will not be able to build a life in this country. I commend Clauses 29 to 36 to the Committee and invite the noble Baroness to withdraw her amendment.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

My Lords, as we have heard, these clauses and amendments take us on to the provisions regarding age assessments. As I set out last week, the duty to make arrangements for removal in Clause 2 of the Bill does not apply to unaccompanied children until they reach adulthood. There is a power to remove them, but the Bill provides, as the Committee well knows, that this may be exercised only in very limited circumstances, such as for the purposes of reunion with a parent or where removal is to a safe country of origin.

Given that unaccompanied children will be treated differently from adults under the Bill, and the obvious safeguarding risks of adults purporting to be children being placed within our care system, it is important that we take steps to deter adults from claiming to be children and to avoid lengthy legal challenges to age-assessment decisions preventing the removal of those who have been assessed to be adults. Receiving care and services reserved for children also incurs costs and reduces accessibility of these services for genuine children who need them.

Assessing age is inherently difficult, as the right reverend Prelate identified. However, it is crucial that we disincentivise adults from knowingly misrepresenting themselves as children, given that unaccompanied children will be treated differently from adults under this Bill. Our data shows that between 2016 and March 2023 there were 8,611 asylum cases where age was disputed and subsequently resolved following an age assessment, of which nearly half—47%, 4,088 individuals—were found to be adults. Accordingly, Clause 55 disapplies the yet to be commenced right of appeal for age assessments, established in Section 54 of the Nationality and Borders Act 2022, for those who meet the four conditions in Clause 2 of this Bill. Instead, those wishing to challenge a decision on age will be able to do so through judicial review, but that review will not suspend removal and can continue from outside the UK after they have been removed.

In addition, Clause 55(5), identified by the noble and learned Lord, Lord Hope—

[Baroness Brinton (LD)]

The Minister referred to the figures increasing for disputed children, because the figures in 2021 had increased. I am looking at the information from the Helen Bamber Foundation. The foundation makes the point that in 2021, the Home Office started publishing statistics which included children who were being treated as adults by the Home Office after a short visual assessment only, but the actual data has not been disaggregated beyond that. Does the Minister recognise that it is apples and pears—it is not looking at the same thing? A different group of children were being included within the data.

[Lord Murray of Blidworth (Con)]

I do not recognise those statistics, but I will of course look at the Helen Bamber Foundation report that the noble Baroness identifies. The facts are stark. As I have already identified, a large proportion of disputed age-assessment cases result in the applicant being found to be over 18.

Clause 55(5), as commented upon by the noble and learned Lord, Lord Hope, seeks to ensure that age assessment judicial reviews will be considered by the courts on normal public law principles such as rationality, public law unreasonableness and procedural fairness. Such a challenge on these grounds is not as restrictive as the noble and learned Lord, Lord Hope, has suggested. However, Clause 55(5) will seek to ensure that the court does not consider age as a matter of fact and will not substitute its own decision on age, distinguishing itself from the position of the Supreme Court in the judgment of R (on the application of A) v London Borough of Croydon 2009.

Amendments 121 to 123, tabled by the right reverend Prelate the Bishop of Durham, and the noble and learned Lord, Lord Hope, seek to negate these provisions by omitting Clause 55(2), (4) and (5). They are not amendments which I can commend to the Committee. The right reverend Prelate the Bishop of Durham asked whether a person would be returned to the UK if a judicial review was successful. This would depend on the nature of the court’s judgment and any associated order. We will, of course, comply with any order of the court.

Amendments 124 to 126, tabled by the noble Baroness, Lady Lister, and the right reverend Prelate the Bishop of Durham, would similarly have the effect of neutering Clause 56. Clause 56 again seeks to disincentivise adults from knowingly misrepresenting themselves as children by making use of scientific age-assessment methods already employed in many other European countries, including the Netherlands, Luxembourg, Poland, Slovakia and the Czech Republic. Specifically, Clause 56 will enable us to bring forward regulations to provide that a person is to be treated as an adult if they refuse to consent to specified scientific methods for the purpose of age assessment, and the clause already provides that this would be the case only if the refusal was without good reason. I assure the noble Baronesses, Lady Lister and Lady Brinton, and other noble Lords that the regulation-making power will not be exercised until the science is sufficiently accurate to support providing for an automatic assumption of adulthood.

Given this, it would be premature to provide draft regulations as to the level of parliamentary scrutiny to apply to those regulations. We note the Constitution Committee’s recommendation that the affirmative procedure should apply—a point raised by the noble and learned Lord, Lord Hope—and we will respond in advance of the next stage.

[Lord Murray of Blidworth (Con)]

They participate in the particular type of medical scan that is utilised. That is the practice adopted by our European partners.

[Baroness Brinton (LD)]

Whether it is adopted by our European partners or not, Gillick competence is the key UK law that is used to decide whether a child can or cannot do it. It is not just Gillick competence; it is about whether they have the language to understand what is being asked of them. Could the Minister respond on the Gillick competence point, please? That is UK law.

[Lord Murray of Blidworth (Con)]

The provisions in the Bill are clear, and, as I say, in due course draft regulations will be provided, and they will be subject to scrutiny by this House. I am afraid there is little point speculating in the abstract on questions of Gillick competence in the absence of the regulations. But the point is clear that it would be contrary to the purpose of these provisions if an applicant was able simply to refuse to participate in scientific age assessment and that were to have no consequences; that would rob such provisions of efficacy, as the noble Baroness would have to concede, I suggest.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I am not sure that I agree with the allegation that this is unethical because, as the noble Baroness may recall, on a previous occasion when the principles of age assessment were discussed in this House, my noble friend Lord Lilley observed that the radiation risk in taking an X-ray is comparable to that of a transatlantic flight. I suggest that, as long as the appropriate safeguards are in place, there is nothing in principle wrong with inviting an applicant who says that they are under 18 to participate in an X-ray procedure.

[Baroness Brinton (LD)]

It may be that the noble Lord, Lord Lilley, has expertise that the Committee is not aware of but the Royal College of Paediatrics and Child Health is very clear that every single doctor registered with the GMC—and the equivalents for X-ray technologists and others—would be required, under the terms of their registration, to consider whether the work that they were doing was ethical. It is absolutely confident that it would not be, so one further question here—I do not want us to go into it now because we do not have time—is: how will the Government deliver this measure if all registered professionals are told by their registration bodies that they should not do this work?

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

As the noble Baroness rightly says, now is not the moment to discuss this hypothetical but it is notable that our European neighbours operate such schemes and clearly have professionals who participate. These are all matters that would need to be looked at in the event that the scheme—

[Baroness Brinton (LD)]

Has the Minister had discussions with the GMC and social workers, for example?

[Lord Murray of Blidworth (Con)]

The noble Baroness now invites me to embark on a discussion that she just said she did not want to have. I agree with her first position because it is not relevant to the amendment that she raises.

Amendment 127 in the name of the noble Lord, Lord Coaker, would place a duty on the Secretary of State to publish an annual report on scientific age assessment methods, the attendant scientific advice and the statistics relating to their use. The Home Office already publishes such information: quarterly datasets including age disputes are available on GOV.UK—we have heard references to those in Committee this evening—and, when scientific methods of age assessment are introduced, the Home Office will ensure that we report and monitor that information. The Age Estimation Science Advisory Committee continues to provide scientific advice to the Home Secretary and the Home Office’s chief scientific adviser. Their first report was published on GOV.UK, as the noble Baroness, Lady Lister, identified, and the Government will continue to seek advice from the committee. Given that we already publish the kind of information and data proposed by the noble Lord, I submit that his amendment is unnecessary.

Illegal Migration Bill

Debate between Baroness Brinton and Lord Murray of Blidworth

Committee stage
Wednesday 7th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I have already indicated, the standards that will be adhered to are those prescribed already in legislation. While the points set out in the UNHCR’s document map on in some respects, there is no exact overlap. The regime which will be applied is that which I have already described.

[Baroness Brinton (LD)]

I wonder if I could ask the Minister two questions. The first relates to his comment before last to my noble friend Lord Scriven about whether the Secretary of State for Education should be the corporate parent for government, as opposed to the corporate parent being local authorities. In the event where there is a delay after a child has arrived before a local authority is allocated to be the corporate parent, who is the corporate parent for that child? The Home Secretary does not have that power; there is no protection and no oversight. I say this in light of the fact that, in Kent, there is a special arrangement for Kent not to be the corporate parent for all unaccompanied minors that have arrived there, for fairly obvious reasons. The concern would be that that child might not get the protection that it needs. That is the first question, which is completely separate to the one on my Amendment 70A.

I am grateful to the noble Lord for his comments about appropriate healthcare, but without knowing what appropriate healthcare is and whether it meets standards that have been set out—even if he says that the guidance would not work—I am somewhat at a loss. Could he write to me to set out exactly what those standards were, because many doctors are extremely concerned about the current standards available for children in detention at the moment?

[Lord Murray of Blidworth (Con)]

Yes, certainly. In response to those two points, as the noble Baroness will have seen, we will discuss this again when we reach Clause 15. But Clause 15(1) provides that the Secretary of State may provide or arrange for the provision of accommodation in England for unaccompanied children. As the noble Baroness rightly identifies, presently in Kent there is an agreement which works well. Initial reception facilities are provided by Kent County Council as the corporate parent, then any unaccompanied asylum-seeking children are transferred within the national transfer scheme. Obviously, it is sensible to have the powers in Clause 15(1) as a backstop, in the event that those powers might be needed. I hope that therefore provides a complete answer to the noble Baroness’s first question.

In relation to the second part of her question as to the standards, as I hope I have already made clear, we will be applying the standards that presently remain. It is abundantly clear that those standards are very detailed as set out. I would be happy to write to the noble Baroness to outline what they are. We will definitely be able to provide that.

[Baroness Brinton (LD)]

I thank the noble Lord with regard to the first issue. I wondered if there was actual data on the time that it takes to provide that transfer for children. What I am concerned about is the gap; we may be discussing it later, but the noble Lord raised the issue himself. Could he provide me with a letter that shows exactly how long it takes to get that transfer through, because I am hearing that there are gaps?

[Lord Murray of Blidworth (Con)]

Because the powers in the Bill are obviously not yet in force, I cannot answer as to whether there would be a gap. But clearly it is anticipated—it is hoped—that there will not be a need to utilise the powers in Clause 15 routinely, because the situation with respect to Kent and other relevant local authorities should provide an answer. I am afraid that the noble Baroness cannot expect me to look into my crystal ball and predict what the situation will be after the Act is implemented.

[Baroness Brinton (LD)]

I am really sorry to prolong this. The noble Lord referred to the national transfer scheme. There is a concern that either it is taking some time or some children are not being transferred; they are, at the moment, without a corporate parent. There must be current data. That is why I ask: what is the normal gap and how many children have not been allocated?

[Lord Murray of Blidworth (Con)]

I am very happy that the noble Baroness has asked me that question. I am delighted to say that, as of yesterday, there are zero children in Home Office UASC hotels. They are all in the care of local authorities. I hope that provides a fairly clear answer to her question. Perhaps I can invite the noble Lord, Lord Alton, to intervene.

Illegal Migration Bill

Debate between Baroness Brinton and Lord Murray of Blidworth

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I hear what the noble Lord says. I will take back his comments, and those of others, and we can reflect on them.

[Baroness Brinton (LD)]

My Lords, on the point raised by the noble Lord, Lord Hunt, can the Minister write to him, and put a copy of the letter in the Library, on whether the impact assessment will be published before Report,?

[Lord Murray of Blidworth (Con)]

As I say, I will take the mood of the Committee back to the department.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

I assure the noble Lord that these points have received bags of consideration, not least from me, because they are very difficult. Of course, the length of time a child is present is a material factor. I am glad to say, as I said in my earlier remarks, that the vast bulk of children who are found in the small boats are not in the eight to 10 age bracket but are more likely to be 16 or 17. I can hear the noble Lord saying sotto voce that I have not answered the question. The answer is yes, of course I will carry on thinking about it, but it is a difficult question. In the Government’s view, we have come to the only logical solution that does not provide a very large hole in the scheme of the Act.

[Baroness Brinton (LD)]

The Minister made reference to the balance that the Government believe there is in the Bill around unaccompanied minors and encouraging smugglers. There have been a lot of speeches in this group about the rights of the child. Article 2 says they apply to every child; Article 4 says that Governments must do all they can to make sure that every child can enjoy their rights; and Article 22 on refugee children says Governments must provide them with appropriate protection and assistance to help them enjoy all the rights of the convention. How is that balancing the rights of the child? I wonder whether the Minister could write to compare and explain—otherwise, I can see that the UK will have to withdraw itself from the rights of the child.

[Lord Murray of Blidworth (Con)]

I do not need to write to answer that. The answer is that there is nothing incompatible with the UNCRC, because obviously a child who is here is having all their rights as a child respected, and if they are exceptionally removed under the circumstances described in the Bill it will be in a manner that is compliant with the UNCRC, particularly if it is for family reunion or for return to a safe country, which is presumably also a signatory to the UNCRC and will afford them their own rights.

[Baroness Brinton (LD)]

With the greatest respect to the Minister, we have not yet seen the detail. That is the problem. The Minister has outlined two or three areas and said there will be others. It is not clear to this Committee exactly what those details are. I will repeat the earlier request: will he please write and set them all out?

[Lord Murray of Blidworth (Con)]

To my mind, I have set out the detail, but of course I will go back and give it further thought.

X-Rays: Child Refugees

Debate between Baroness Brinton and Lord Murray of Blidworth

Tuesday 6th December 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I said, the report is being considered and a decision on publication will be made in due course.

[Baroness Brinton (LD)]

My Lords, the British Dental Association is opposed to dental X-rays being used because of their inaccuracy. Other organisations such as the BMA agree. During the passage of what became Nationalities and Borders Act, the noble and learned Lord, Lord Stewart of Dirleton, the Minister at the time, acknowledged this lack of accuracy by saying that

“assessments are not of themselves accurate”.—[Official Report, 8/3/22; col. 1280.]

There was no dentist on the age estimation science advisory committee. Do the Government understand that both their own Minister and dentists disagree that this should be one of the methods used to assess age?

[Lord Murray of Blidworth (Con)]

The answer is no. By way of background, I remind the noble Baroness that, between 2016 and September 2022, there were 7,357 asylum cases where age was disputed and subsequently resolved, in which half the individuals—3,696—were found to be adults. At least 27 other European countries use scientific or medical methods as part of their age assessment process. The most common method by far internationally is the use of one or more X-rays, usually dental, wrist, clavicle or knee, although MRI scans, CT scans and physical or psychological examination by a doctor are also reported. The implementation of SAA across Europe varies enormously, with different methods or combinations of methods, data outputs and timing, and the use of negative interference.

Manston Update

Debate between Baroness Brinton and Lord Murray of Blidworth

Tuesday 29th November 2022 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Coaker. I am afraid I will repeat not only some of his questions but the many that I have asked the Minister on this issue over the last month.

On 31 October, the Home Secretary said:

“Manston … has very good medical facilities and all protocols have been followed.”—[Official Report, Commons, 31/10/22; col. 649.]

On 27 October, Robert Jenrick, the Immigration Minister, said:

“The basic needs of arrivals are provided … including … medical care.”—[Official Report, Commons, 27/10/22; col. 401.]


When we had the Statement last Thursday, it felt like the Home Office had emptied Manston and dumped unfunded people, unscreened and unvaccinated, without access to their local NHS in their new venues.

It is good that things are starting to change, and that is why I thank the Minister. If he had anything to do with the message that came out on Friday afternoon that the spot accommodation arrangements that prevented people moving from Manston to hotels from accessing GPs have now been changed. It is a shame that it has taken repeated questions to make that happen.

On Saturday morning we heard that the man who died after staying at Manston had died from diphtheria, which was clarified by a PCR test, despite some earlier negative tests. One of the problems with diphtheria is that the symptoms are not always obvious. On 1 November, I asked the Minister whether people were being routinely screened and tested, but it appears that they are still not, let alone being vaccinated.

The spread of infectious diseases was highlighted by Charlie Taylor, Chief Inspector of Prisons, in his unannounced inspection of Manston and Jet Foil at the end of July. The report was published on 1 November, but I am sure that it is still the convention for Ministers to see a draft beforehand. It says:

“Facilities for the management of detainees with COVID or other infectious diseases were poor. Detainees were placed in a claustrophobic portacabin with no clear responsibility assigned for managing their care. Paramedic staff were unsure of any guidance, policy or procedure for the management of infectious diseases.”


What happened after the draft of this advice was seen by Ministers, prior to assurances given by Ministers, from the end of October onwards, that good healthcare and protocols were being followed?

Diphtheria is a notifiable disease because, in unvaccinated people and untreated cases, it has a fatality rate of 5% to 10%. It spreads in overcrowded communities whose health may be compromised for other reasons, which is absolutely typical for asylum seekers. What data is there for how many of the people held at Manston since the middle of October have now been screened, tested and offered vaccinations? The UNHCR, UNICEF and the American CDC all vaccinate refugees and migrant communities, and it is now compulsory if you come into America through the border with Mexico.

On Sunday, the Home Office said that infectious migrants will now be told to isolate in hotel rooms but, prior to this, the only advice about those in hotels was given to hotel staff, not local doctors and certainly not directors of public health. It is good that this is beginning to change.

Yesterday morning, the government webpage entitled “Protecting yourself against diphtheria” was updated—and that too is good. It is important to say that the wider public are not at risk; only people coming into contact with someone with diphtheria are at risk. The guidance now says:

“Everyone arriving to claim asylum in the UK is currently being offered a dose of a diphtheria containing vaccine and a course of antibiotics … to reduce the risk of diphtheria and some other infections.”


This should have been normal practice the moment the first case emerged, so why is it only starting to happen now?

The Statement says that an “enhanced diphtheria vaccination programme” will be “offered to all”. So I ask the Minister what the definition is of “those arriving”: does it cover everyone who has been at or through Manston since the numbers bloomed after Suella Braverman was appointed as Home Secretary, rising from 1,500 to 4,000 in the space of three weeks? Or is it only those currently at Manston? Or will it now be every asylum seeker in the country, as is the case with CDC in America?

I also ask whether those who come through Manston have also been screened for infectious diseases, including diphtheria and scabies? Who will be managing this; will the Home Office be funding screening and vaccinations? I hope so, because local health services should not have to pick up the tab.

The Statement says that “robust screening processes” on arrival will “identify proactively” those with symptoms. However, we know that diphtheria is asymptomatic. Two are currently hospitalised, one person is dead and there are at least 50 confirmed cases. We have had only about 50 cases in the last 10 years in the UK, but the directors of public health in local areas are still struggling to get access to information and resources, from either the Home Office or the UKHSA. When will that happen? If the Minister cannot answer all these questions, please can he write to me with some answers?

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

I thank both the noble Lord and the noble Baroness for their speeches. The Home Secretary and the Minister for Immigration were updated over the weekend by Dame Jenny Harries of the UK Health Security Agency, who confirmed that 50 cases of diphtheria had been reported in asylum accommodation. This had the unfortunate effect of being a consequence of the speed with which Manston had been emptied in response to the earlier concerns about the conditions at Manston. While robust processes and plans have now been put in place, it is right that we remain vigilant. As the noble Baroness observed,

“robust screening processes on … arrival … at Western Jet Foil … to identify proactively those with symptoms of diphtheria”

are in place, and the

“‘round-the-clock’ health facilities at Manston”,

which I previously referred to in this House,

“including emergency department consultants and paramedics”,

remain available to those at Manston and will readily identify conditions that those people may have.

Guidance is also available

“in multiple languages on spotting the symptoms of diphtheria”,

and I am grateful to the noble Baroness for noting that changes have made on the website in an effort to enhance the spread of that message. In addition,

“an enhanced diphtheria vaccination programme, offered to all those arriving at Manston”

is now in place, and

“of those who arrived at the facility this weekend, 100% took up that … offer”.

Further,

“testing for those presenting with symptoms and for close contacts”

of confirmed cases was also available,

“and those testing positive are being isolated in a designated place.”—[Official Report, Commons, 28/11/22; col. 676.]

As the noble Baroness has observed, certain “isolation hotels” have been set up to provide facilities to make that isolation possible and easier for those who need it. Equally, special transport is provided to ensure that they can travel to their place of isolation until the symptoms of the condition have resolved.

On the question asked by both the noble Lord and the noble Baroness in relation to liaison with local health departments, the Home Office’s contracted accommodation providers are contracted to provide a liaison with health services, to provide those residents with health services, and to signpost them to local GPs and other health providers. Local authorities, too, are provided with £3,500 per person to provide their services to those in Home Office accommodation. That, of course, includes public health obligations on local authorities. As the Minister in the other place made clear, the department is going above and beyond the UKHSA baseline by instituting new guidance on the transportation of individuals displaying diphtheria symptoms.

It is clear that this is a very unfortunate consequence of the speed with which Manston was emptied in the run-up to the previous weekend, and steps are now being taken to ensure that all those in accommodation are offered a vaccination for diphtheria. Clearly, there is widespread awareness of the issue now.

On the final point raised by the noble Baroness, Lady Brinton, in relation to the medical facilities at Manston, the comments in July bear no relation to the present position. As I said, I have visited those medical facilities and found them to be very impressive. They are not accommodated in the temporary accommodation to which the noble Baroness referred. Those working in that sphere do a fantastic job, and I thank them for it.

Hotel Asylum Accommodation: Local Authority Consultation

Debate between Baroness Brinton and Lord Murray of Blidworth

Thursday 24th November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

My Lords, the noble Lord is entirely right that, of the small-boat arrivals in 2021, 96% are still awaiting an initial decision, as the Minister in the other place said. However, we made more than 14,500 decisions in the year to June 2021, concentrating on deciding older claims, high-harm cases, cases with extreme vulnerability, and children.

The noble Lord alluded to the notification of local authorities. Clearly there has been difficulty in notifying local authorities. That has been a real focus for the department. I am unsure whether he will have seen the “Dear colleague” letter that went around the Members of the other place, notifying them that it will absolutely be the rule that they get at least 24 hours’ notice, but it is hoped to be longer than that. I would be very grateful to hear from any noble Lords who are concerned by any hotels they may be aware of where due notice has not been given to the local authority and to the Member for the relevant constituency.

As to the point about unaccompanied children going missing from hotels, any child going missing is extremely serious, which is why we work closely with local authorities and the police to operate a robust missing persons protocol to ensure that their whereabouts are known and that they are safe. We work to ensure that vulnerable children are provided with appropriate placements for their needs, and we have changed the national transfer scheme so that all local authorities with children’s services must support young people. Home Office and contractor staff identify cohorts of young people considered at greater risk of going missing and, of course, risk assessments and safety plans are undertaken on arrival in mitigation of this risk.

[Baroness Brinton (LD)]

My Lords, the Minister knows that I have raised the health service provision for those at Manston and when they have been dispersed elsewhere. Today, I am hearing from local authorities and directors of public health locally that scabies is increasing. It is racing through the hotels where these asylum seekers have been sent. In some places, the rate is 70% because they do not have the clean clothes and linen necessary for the clothes that have mite infestation to be thoroughly washed. Worse, the Home Office and Clearsprings have refused to provide specialist creams at those hotels for asylum seekers to use. Even worse, because of the scheme under which those being dispersed from Manston come, the usual grant to GPs is not made available, which means there is no money locally, so asylum seekers can use only 111 or 999. Will the Minister agree to meet to discuss this as a matter of urgency? I appreciate that health is not in his brief, but there are some holes, particularly about health funding and stopping this mass infestation of scabies.

[Lord Murray of Blidworth (Con)]

Certainly on my visit to Manston a few weeks ago, I had the opportunity to meet the healthcare staff and visit the healthcare centre. I assure the noble Baroness that concern is paid to the health of those passing through Manston, and it is hoped that any conditions they suffer from at that time are treated, in particular with the topical creams that she suggests. I am concerned by what she said about what is happening with Clearsprings, but I am afraid that without a bit more detail, which I am sure she will provide, I cannot answer now, but I will do that. As to a meeting, certainly I am aware that she has raised this issue a number of times, and I am happy to have a meeting with her if that would assist.

Asylum Seekers: Accommodation

Debate between Baroness Brinton and Lord Murray of Blidworth

Tuesday 15th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I entirely agree with the right reverend Prelate. The issues surrounding the allocation of accommodation are certainly the subject of concentrated effort by Home Office officials, and it is the intention to improve notification. I add that we are incredibly grateful for the activities of church groups and others who help provide assistance to those accommodated in hotels.

[Baroness Brinton (LD)]

My Lords, following on from the right reverend Prelate’s question and that of the noble Lord, Lord Dubs, it appears, worryingly, that the Home Office is still not talking to the directors of public health in local areas receiving people from Manston. On 1 November, the Minister said that there were four cases of diphtheria. I am hearing that there are now nearly 40 cases, and we know that people are not being tested as they leave Manston. The Minister offered to write to me before; will he now agree to meet to discuss this urgent health issue?

[Lord Murray of Blidworth (Con)]

My understanding is that there are 12 diphtheria cases, but I will certainly make further inquiries in light of that. I can assure the noble Baroness that healthcare in contingency asylum accommodation is a priority. Those contracted to the Home Office endeavour to ensure that people accommodated in hotels or other contingency accommodation are signposted to GP practices, and there is local health screening in most cases.

Western Jet Foil and Manston Asylum Processing Centres

Debate between Baroness Brinton and Lord Murray of Blidworth

Tuesday 1st November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for her kind remarks. She is right to observe that we have that common interest in terms of our professional origins. I imagine her question relates to the question posed in perhaps more clear terms by the noble Lord, Lord Coaker, about the use of the word “invasion” by the Home Secretary. I take the view that the expression the Home Secretary used was intended to—and did—convey the scale and challenge we face as a country from the numbers crossing the channel. Millions of people across this country are rightly concerned about that and want to know that we have a robust but secure asylum system. A significant proportion of those arriving on our shores are economic migrants, many from countries such as Albania. A quarter of all migrants this year came from Albania, which is demonstrably a safe country. The Home Secretary and the entire ministerial team will see what they can do to bear down on those numbers.

[Baroness Brinton (LD)]

My Lords, I declare my interest as a vice-president of the Local Government Association. The Statement says that 12,000 people have arrived at both Manston and Western Jet Foil since Ms Braverman became Home Secretary in September, and 9,500 have already been transferred out. As the Minister mentioned, there have been confirmed cases of diphtheria and other infectious diseases at the very overcrowded Manston centre in the last month. Diphtheria is a notifiable disease under the Public Health (Control of Disease) Act 1984, and directors of public health and their local authorities have statutory duties to manage notifiable disease outbreaks, including tracking, testing and tracing not just those with the disease but their contacts. Can the Minister explain why the Home Office has refused to work directly with directors of public health and their local authorities in the areas receiving these asylum seekers from Manston, despite repeated requests?

[Lord Murray of Blidworth (Con)]

I thank the noble Baroness for that question. I do not have the answer, so I will find out what it is and write to her.