Refugees
Baroness Lister of Burtersett Excerpts(6 years, 3 months ago)
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Baroness Lister of Burtersett
To ask Her Majesty’s Government what steps they are taking to prevent destitution among newly recognised refugees in the light of the British Red Cross Report Still an ordeal, published in December 2018.
The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, the Government are working on a number of important initiatives to ensure that refugees are able to access benefits and housing promptly, once their Home Office support ends. These include provision of a biometric residence permit with a national insurance number on it and arranging an appointment with their nearest Jobcentre if they confirm that they want assistance to make a benefit application.
Baroness Lister of Burtersett (Lab)
My Lords, it has been three years since this House was promised action to ensure that refugees have enough time to claim social security before their asylum support is stopped. The British Red Cross report shows that the actions mentioned by the noble Baroness have not solved the problem. The refugees surveyed who had claimed universal credit were left up to 72 days in destitution. Will the Minister therefore undertake, first, to publish the evaluation of the mitigating scheme, which was expected over a year ago, and, secondly, to meet with me and the British Red Cross to discuss the calls made for a long time by organisations on the ground to extend the moving-on period so as to end the ordeal and misery faced by this uniquely vulnerable group of people?
Baroness Williams of Trafford
My Lords, I acknowledge the report that the noble Baroness mentioned. There were something like 26 people interviewed, but that is not to dismiss it at all. I can confirm that the evaluation work that she mentioned on the impact of some of things that we are doing has been undertaken, and the results are to be shared with the Work and Pensions Select Committee and NGOs thereafter.
Baroness Williams of Trafford
I can only say “in due course” at the moment, but I am very happy to meet with her and the Red Cross.
Immigration, Nationality and Asylum (EU Exit) Regulations 2019
Baroness Lister of Burtersett Excerpts(6 years, 3 months ago)
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The Minister of State, Home Office (Baroness Williams of Trafford) (Con)
My Lords, delivering a deal with the EU remains the Government’s priority. We are nevertheless preparing for a range of scenarios.
UK domestic law has given effect to our obligations in the fields of immigration, nationality and asylum arising from our membership of the European Union. The UK has also been subject to directly effective EU law. When we leave the EU, aspects of our legislation and retained direct EU law will fail to operate effectively. They will contain deficiencies if they are not modified or revoked by this instrument.
These regulations make changes to a range of domestic primary and secondary legislation to prevent, remedy or mitigate deficiencies in law arising from the UK’s exit from the EU. They ensure that our statute book operates on exit day if the UK leaves the EU without a deal until new legislation on these issues is commenced.
First, the instrument makes technical changes required to correct wording in our legislation that describes the UK in terms of our membership of the EU or European Economic Area. The changes do not alter the effect of the legislation. Similarly, it also makes technical amendments to domestic legislation that refer to EU rights that are retained by the European Union (Withdrawal) Act 2018.
Secondly, this instrument revokes relevant retained EU legislation relating to immigration. It also revokes a number of instruments which give effect to the UK’s membership of the EU asylum acquis and which will be inoperable on exit. This is because by leaving the EU, the UK also leaves the asylum acquis. The order therefore revokes the Dublin regulation and the Eurodac regulation—that is where I got up to last time.
The instrument makes a number of transitional and saving provisions in relation to the measures being amended by it. This is so that the amendments do not have an inappropriate effect in respect of decisions or other action taken before their commencement.
Finally, this instrument applies the UK rules for criminality to EEA, Swiss and Turkish nationals; the amendment applies only to their conduct after exit. Our intention to apply the same rules to new arrivals, irrespective of the country from which they come, has already been announced by my right honourable friend the Home Secretary.
The Government believe that we must plan for every eventuality, including a no- deal scenario. Through introducing this instrument, they are taking practical steps to ensure that the UK statute book operates effectively on exit in the event that the UK leaves the EU without a deal.
This instrument will prevent deficiencies in immigration and asylum law arising from the UK leaving the EU. It ensures continuity until the Immigration and Social Security Co-ordination (EU Withdrawal) Bill allows the Government to introduce the new future borders and immigration system. I beg to move.
Baroness Lister of Burtersett (Lab)
My Lords, the Secondary Legislation Scrutiny Committee states that the Home Office anticipates that loss of provisions of the Dublin regulations will have a minimal impact on how those seeking asylum in the UK are handled, yet the British Red Cross, which does invaluable work with asylum seekers in the UK, has raised real concerns in its briefing. I propose to raise just one—that which it says concerns it most.
As I understand it, the Government have committed only to maintaining the Dublin III regulation for unaccompanied children. Of course, that is welcome. However, it will leave many who are currently able to use Dublin III’s family reunion provisions excluded. In 2018, of 1,215 Dublin III arrivals, only 159 were unaccompanied children under Article 8, and 869 were wider family reunion cases under Article 9, which allows people who claim asylum in another Dublin member state to join a relative in the UK who has been granted protection. Will the Minister give a commitment that the Government will retain these Dublin protections in our domestic law post Brexit? I believe that this would require an amendment to our family reunion legislation. This would give substance to the Home Office’s assurance that loss of the Dublin provision will have minimal impact—or, in the words of the Explanatory Memorandum,
“a small impact on net asylum transfers”.
If the 2018 pattern continues, we would otherwise be excluding more than 70% of Dublin III arrivals if this commitment is not given. Is this really what the Government intend?
Baroness Williams of Trafford
I thank all noble Lords who have taken part in the debate. By far the biggest area that noble Lords concentrated on was of course the Dublin regulation. The regulation contains rules to establish the criteria and the mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national or stateless person and the legal framework for returning and accepting asylum seekers to and from the EU. As I said, the instrument ensures that the statute book will continue to function effectively in a no-deal scenario for asylum and provide transitional arrangements.
In the event of a no-deal scenario, retained EU law becomes deficient, and with respect to asylum, the regulations we use to repeal the Dublin regulation and other common European asylum system measures that we are part of—for example, Eurodac, as the noble Lord, Lord Paddick, pointed out, and the European Asylum Support Office temporary protection directive—will reflect that we will no longer be part of the acquis. This SI ensures that the statute book will continue to function. However, should the UK leave without a deal, Dublin requests relating to family reunification still pending resolution will continue to be considered under the existing provisions, and that will apply to any take-charge requests that we have received before exit day.
The noble Baroness, Lady Lister, asked whether the Dublin regulation will apply in the event of no deal. I will give an example of the numbers we are talking about. Clearly, we will not be a participating state in the Dublin regulation. While this presents a challenge, it also presents in some ways an opportunity to seek new agreements with the EU on asylum which better reflect our position as a third country. Since 2016, we have accepted more Dublin transfers than we have returned to our EU partners. The latest statistics, published in March of this year, show that 209 people were returned to the EU 27 under Dublin in 2018, making up around 5% of the total asylum returns. The Government have committed under the European Union (Withdrawal) Act to seek to negotiate an agreement with the EU that will permit unaccompanied asylum-seeking children to join family members. It would replicate a similar mechanism in the Dublin regulation which would allow children under 18 to join close family members where it is in their best interests.
On returning any individuals under other routes—I think the noble Lord, Lord Paddick, asked me about that—we will always seek to return those who do not require international protection or have the right to be here in accordance with domestic law. We will continue to make returns to countries where appropriate, and on a case-by-case basis.
Continued co-operation on migration issues is in the shared interests of the UK and the EU. We will work to secure a comprehensive returns agreement with the EU to replace our obligations under Dublin once we leave the EU. If unsuccessful, we will look to work bilaterally with EU member states to strengthen our relationships. For example, we will look to build and strengthen our reciprocal agreements with France as set out in the Sandhurst treaty.
The noble Baroness, Lady Lister, talked about family reunification without Dublin, as did the right reverend Prelate the Bishop of Durham. We strongly support the principle of family unity, and there are several routes by which families can be reunited safely. The UK’s family reunion policy is generous, and we continue to reunite refugees with their immediate family, including by granting over 26,000 family reunion visas over the last five years. We are considering the options to ensure effective co-operation on family reunification of asylum seekers after exit. Deal or no deal, Dublin requests relating to family reunification still pending resolution will continue to be considered under the existing provisions, and, as I said, this would apply to any take-charge requests that we received before exit day.
Baroness Lister of Burtersett
Before the Minister moves on, can I be clear that the Government will look at the broader family reunion position? Can she give us an assurance that the aim will be that there should not be any diminution of rights for family reunion that currently exist under Dublin III?
Baroness Williams of Trafford
I can give an absolute assurance to the noble Baroness that those obligations, which we take seriously and have done for decades, will continue to apply in giving people who need it asylum or refuge. That is why I just went through the various channels and resettlement schemes that we have engaged in. It does not diminish our will to give people who need it refuge and asylum in our country.
I shall move on, but I stay on Dublin. I think it was the noble Lord, Lord Paddick, who asked about any other international agreements affecting asylum that would be affected by Brexit.
Children: Covert Human Intelligence Sources
Baroness Lister of Burtersett Excerpts(6 years, 3 months ago)
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Baroness Williams of Trafford
The Investigatory Powers Commissioner has oversight of all decisions taken on these children.
Baroness Lister of Burtersett (Lab)
My Lords, do the assessments to which the noble Baroness referred include an assessment of the best interests of the child under the UN convention?
Gender Equality and Rights in the Workplace
Baroness Lister of Burtersett Excerpts(6 years, 4 months ago)
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Baroness Williams of Trafford
David and Steve must be listening. The noble Baroness really pinpoints how far we have to go, but at this point I must also talk about how far we have come. I think that way back in 2014 12% of board members were women; now, over 30% are women. The noble Baroness talks about women in leadership positions. Of course, leadership is provided by ensuring that women are on boards, but I think that at this point in time there are no male-only boards. That may be a small step but it is a step none the less.
Baroness Lister of Burtersett (Lab)
My Lords, the Minister talked about the “proud record” but analysis by leading scholars from Manchester University shows that,
“far from being a pace setter in the area of European gender equality law, the UK has usually sought to stall, dilute or divert legal measures”.
Therefore, how can we have confidence that these rights will be real? As a minimum, can the Minister give us an assurance that we will implement the work-life balance directive currently under consideration by the European Union and, in particular, following on from the earlier question, introduce paid leave for carers?
Baroness Williams of Trafford
My Lords, we are sixth out of 28 in the EU’s equality index. The noble Baroness is absolutely right to talk about carers—they are the typical low-skilled, low-paid people who often cannot get out of that situation. The noble Baroness talked about another directive—we have implemented all relevant directives into UK law. In many ways, we have gone further with our gender pay gap and public sector equality duty.
Zimbabwe: Asylum Seekers
Baroness Lister of Burtersett Excerpts(6 years, 5 months ago)
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Baroness Williams of Trafford
I am aware that FCO guidance advises UK nationals if it is not a good idea to visit somewhere, particularly if there are areas of civil unrest. However, civil unrest, in and of itself, is not a reason to grant an asylum claim.
Baroness Lister of Burtersett (Lab)
My Lords, given that the Minister accepts there are serious human rights abuses in Zimbabwe, what steps does her department take in individual cases to ensure that people will not be subjected to those abuses if they are returned to the country? Lawyers quoted in the Guardian today are very worried that they will be.
Social Security (Contributions) (Rates, Limits and Thresholds Amendments and National Insurance Funds Payments) Regulations 2019
Baroness Lister of Burtersett Excerpts(6 years, 5 months ago)
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Lord Bates
My Lords, I thank the noble Baronesses, Lady Janke and Lady Sherlock, for their questions on these important orders. I do not dissent at all from the assessment by the noble Baroness, Lady Janke, that we are talking here about some of the most vulnerable people in society, and therefore that our approach should be extremely focused.
Nor, though, would I want the accusation to stand that we have been somewhat impassive to the needs of people in the circumstances in which they find themselves, because one of the greatest routes out of poverty, as we all know, is that of employment. This may not be very helpful, but the noble Baroness referred to my noble friend Lord Young taking these orders through last year. At the time he mentioned the increase in employment, which is now at record levels—I am sure that she, being fair-minded, would recognise that as being something that is helping the poorest in our society immensely; the reform of benefits to ensure that work always pays; and some of the important measures that have been taken, not least the national living wage, the increase in which by 4.9% to £8.21, significantly above CPI, will mean an increase in full- time wage workers’ annual earnings of over £690. Unemployment has fallen by over 1.1 million since 2010.
At the time when my noble friend took the orders through, we made a serious point and there was a rationale for the arguments being made for welfare reform. From 1997-98, welfare spending rose by £84 billion in real terms—
Baroness Lister of Burtersett (Lab)
I am sorry to interrupt, and I am sorry that I missed the beginning of the Minister’s statement. Before we move on to the more general question about spending, I do not think he has addressed my noble friend’s point. Given that paid work is supposed to be the best route out of poverty, why are the Government freezing the tax credits paid to people in paid work?
Lord Bates
That decision was taken through the 2016 Act that I mentioned in my introduction. It was taken then as part of the need to get our public finances into the right order. That was the rationale for it. I say to the noble Baroness, who is someone else who cares immensely and focuses on these areas, that that was the rationale that we used at the time.
On the specific questions, I turn to the point about CPI that was raised by the noble Baroness, Lady Sherlock. She said the previous Government had announced in the Summer Budget of 2010 that CPI would be used for the indexation of benefits and that they would review the use of CPI for the indexation of taxation and duties. Consistent with that, the default indexation assumption is CPI. RPI is no longer recognised as a national statistic.
The noble Baroness, Lady Janke, asked about the impact of the benefit freeze. The Government are committed to taking action to help the most disadvantaged, with the focus on tackling the root causes of poverty. Our welfare reforms are incentivising work and supporting working families. Since April 2016, the universal credit childcare element has covered up to 85% of eligible childcare costs. We will be investing over £6 billion a year in childcare by 2020. Since 2010, 300,000 fewer children are living in absolute poverty and 630,000 fewer children are living in workless households—a record low. We are committed to helping lone parents to find work that fits around their caring responsibilities. We have extended free childcare for three to four year-olds for working families to 30 hours a week, with over 340,000 children benefiting in the first year.
The noble Baroness, Lady Sherlock, asked some specific questions, which she very kindly said that she would give me the opportunity to answer in writing. If that is acceptable, I will write to her and copy in the noble Baronesses, Lady Janke and Lady Lister, who have also spoken in the debate.
Domestic Abuse Bill
Baroness Lister of Burtersett Excerpts(6 years, 5 months ago)
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Baroness Williams of Trafford
The draft Domestic Abuse Bill will be discussed for pre-legislative scrutiny in a Joint Committee of both Houses. That process should take 12 weeks, and thereafter the Bill should be introduced. As to whether any provisions are not appropriate for Northern Ireland, it is a devolved matter through legislative consent—as I have said. Northern Ireland can take up the provisions in the Bill, and that would be the process.
Baroness Lister of Burtersett (Lab)
My Lords, it took three attempts yesterday to get a response from the Minister on the absence from the draft Bill of any measure to address the point made in the original consultation document—that insecure immigration status may also impact on a victim’s decision to seek help—and then the Minister’s answer left us none the wiser. Could the Minister now give us a clearer explanation why the draft Bill does not have any measure to address the problems faced by this particularly vulnerable group of women who are of great concern to organisations on the ground? Could she assure us that she will look at this issue further?
Baroness Williams of Trafford
The Bill does not differentiate between the types of women who might suffer abuse, but looks at how we treat the abuse itself. The noble Baroness will probably know that there is a destitute domestic violence concession, which is available to support people who may otherwise be forced to remain in a relationship with an abusive partner on whom they are financially dependent. I look forward to discussing those issues with the noble Baroness when the Bill comes to this House, as I am sure that she will be in her place challenging me.
Immigration: Removal Centres
Baroness Lister of Burtersett Excerpts(6 years, 6 months ago)
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Baroness Williams of Trafford
I will write to the noble Earl with exact figures, but I know that the number of families has definitely reduced in the detention estate and they are separate from individuals in the detention estate.
Baroness Lister of Burtersett (Lab)
My Lords, once again the Minister insists that there is no indefinite detention in law. The dictionary definition of “indefinite” is “without fixed or specified limit”. Can she tell us what the fixed or specified limit is in law on general detention?
Migrants: Channel Crossings
Baroness Lister of Burtersett Excerpts(6 years, 6 months ago)
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Baroness Williams of Trafford
My Lords, there has been a long-established acceptance that people seeking asylum should claim asylum in the first safe country they reach. The noble Lord is shaking his head slightly but, if a migrant or asylum seeker arrives in France or Italy, they should seek asylum in that country. If they do not, and decide as some have to take the treacherous journey across the channel, they not only put their lives in danger but are going against the Dublin convention.
Baroness Lister of Burtersett (Lab)
My Lords, does not the “first safe country” principle rather let this island nation on the west of Europe off the hook from its responsibilities to asylum seekers globally? Given this, and given the Government’s proper concern with safety, should they not do much more to open up safe and legal routes for asylum seekers, as called for by the British Red Cross and others?
Baroness Williams of Trafford
My Lords, when noble Lords make this point, I am never quite sure whether they feel that asylum seekers should claim in the first safe country or that they should then go on to other countries. However, claiming in the first safe country is the swiftest way for those fleeing torture and persecution to get protection.
Asylum Seekers: Removal
Baroness Lister of Burtersett Excerpts(6 years, 6 months ago)
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Baroness Williams of Trafford
As I said to the noble Lord, the UK bases its decisions on two conventions, the 1951 convention and the European Convention on Human Rights. If, for example, an LGBT person was to be sent back to a country or to an area in a country where they would be persecuted for their sexuality, we would not send them back.
Baroness Lister of Burtersett (Lab)
My Lords, how does the Minister define the word “indefinite”? In my dictionary, it means that there is no fixed time limit. We are unusual in this country in having no fixed time limit for detention. It does not mean that people are held in detention for ever, as she seemed to imply in her response to the noble Lord, Lord Roberts.
Baroness Williams of Trafford
People are not held in detention for ever. As I said to the noble Lord, the vast majority of cases are determined within four months of someone being held in detention. I do not know of anyone who has been detained indefinitely.