Illegal Migration Bill

Debate between Baroness Lawlor and Baroness Meacher

Report stage
Monday 3rd July 2023 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I support most strongly the remarks of my noble and learned friend Lady Butler-Sloss and the other powerful comments already made from the Conservative Benches, the Bishops’ Benches and elsewhere.

My amendments propose that Clauses 15 and 16 should left out of the Bill in their entirety. These clauses, for the first time, provide the legal power for a central government department to take responsibility for extremely vulnerable unaccompanied children and to provide so-called care, protection and support, both while they are children and as adult care leavers.

I understand that the Home Office has recently been housing unaccompanied children in hotels, without the legal authority to do so. But, according to the Immigration Minister, Robert Jenrick MP, no unaccompanied young people are currently in hotels. The Home Office has recently reopened a hotel in Eastbourne, and another in Brighton and Hove, in anticipation of the Bill becoming law. The local authority in the second case is threatening legal action, and I anticipate that it will be successful.

Ofsted has described the housing of unaccompanied children in hotels as utterly unacceptable. The UN Committee on the Rights of the Child called for the urgent repeal of the provision in the Illegal Migration Bill, describing this practice as violating children’s rights under the Convention on the Rights of the Child and the refugee convention 1951. Seven organisations responsible for protecting children have written to us, arguing that they consider Clauses 15 and 16 to be such a danger to unaccompanied children, and to our child welfare system, that they must be removed from the Bill altogether. The Association of Directors of Adult Social Services makes the point that unaccompanied children seeking asylum are fleeing desperate situations; they are extremely vulnerable and should not be placed in hotels, where they are open to further exploitations and abuse.

Clauses 15 and 16 are ill conceived and discriminatory in principle. They give the Home Secretary wide powers to house unaccompanied children of any age in any type of accommodation for any length of time—housing a one year-old or 18 month-old in great big ex-Army barracks, or whatever. The clauses direct that a local authority stops looking after an individual child irrespective, it appears, of the child’s needs, characteristics, experiences and legal status. They legitimate and potentially make lawful arrangements that hundreds of non-governmental organisations have contended are unlawful for nearly two years.

I know that Amendments 87 and 89 might help a little. However, bearing in mind the powerful comments from his own Bench from the noble Baroness, Lady Berridge, and from the right reverend Prelate the Bishop of Durham and from other parts of this House, I appeal to the Minister to seek within himself his humanity and to withdraw Clauses 15 and 16 from the Bill.

[Baroness Lawlor (Con)]

My Lords, I do not support Amendment 87. It would undermine the purpose of the measure to prevent and deter illegal and unsafe routes. It would require that all children who enter this country, and are subject to Section 3, be afforded the same rights as afforded to children under the Children Act 1989, as noble Lords have heard from the noble Lord, Lord Scriven. That Act includes that the child’s wishes and best interests are taken into account. However, that could undermine Clause 3, which gives the Secretary of State discretionary powers to remove unaccompanied children who enter illegally, albeit with exceptions. Clause 3 is also concerned with returning children to their parents, and there is provision for that where it is safe to do so.

Moreover, Amendment 87 could and would give families across the world an incentive to try to get their children into this country. For the cost of a modest traffickers’ fee, they would be more likely to make a dreadful gamble to get their children here to be educated, housed, looked after and supported at a cost to our taxpayers. Is there any reason—and I think it is important to ask this question—why taxpayers should be asked to pay sums for those who break the law in this way when there are safe and legal routes for entering this country?

Illegal Migration Bill

Debate between Baroness Lawlor and Baroness Meacher

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I was not here at the start of the debate, so I am embarrassed to stand up and will be extremely brief. I just want to support very strongly this amendment. I have spoken over the years about just how ludicrous it is that we have asylum seekers here who cannot work, however long the Home Office takes to consider their application. This is an incredibly important amendment. I support the comments of the noble Lord, Lord Cormack, on the basis that surely this is one amendment that the Government should be able to support, and it will be in everybody’s interests if the Minister is able to do that.

[Baroness Lawlor (Con)]

My Lords—