Nationality and Borders Bill

Debate between Baroness Ludford and Lord Hylton

Committee stage
Tuesday 8th February 2022 Lords Chamber

[Baroness Ludford (LD)]

On behalf of my noble friend Lord Paddick, I will move Amendment 112 and speak to Amendments 113 and 117, which I have co-signed. The reason I have been given the honour of moving Amendment 112 is that it reproduces my Private Member’s Bill, which in fact has its origins with my noble friend Lady Hamwee and will have its Committee stage just after recess.

The Conservative Party likes to call itself the party of the family; I believe it needs to demonstrate this. Amendment 112 would build on existing safe routes for family reunion to enable a wider range of family members to reach the UK without undertaking unsafe journeys. This is the real way to stop most of the dangerous channel crossings and put the smugglers out of business.

In the letter and attached chart that the Minister sent to the noble Lord, Lord Dubs, and kindly made available to us all, the Government set out the current safe routes. Even under part 11 of the Immigration Rules, while adult refugees do not have to pay a fee for the visa they do have to pay for travel to the UK, and the integration loan cannot be used for that. Legal aid is also not available, at least not in England and Wales—I do not know about Scotland or Northern Ireland—and they can bring in only their spouse and their under-18 children.

As in my Private Member’s Bill, Amendment 112 would permit dependent children up to the age of 25, as well as adopted children. Crucially, it would permit children recognised as refugees to sponsor their parents and siblings to join them. Although sibling reunion is in theory possible under paragraph 319X of the Immigration Rules, in practice the barriers are often insurmountable. Not only does the visa cost almost £400 but the young sponsor has to show that they can financially support and accommodate their sibling without recourse to public funds, and that the justification for reunion is “serious and compelling”. All these are tough tests to fulfil. Paragraph 297, which governs whether children can join parents or non-parent relatives who have settlement status imposes a fee of £1,500, and then the same serious and compelling test.

Despite promising in a response to the consultation on the New Plan for Immigration to give creator clarity, no guidance has been forthcoming. Can the Minister tell us in her response when that guidance will be forthcoming, and how many visas have been issued under paragraphs 319X or 297 over the last five years?

I reaffirm my support for Amendment 113 from the noble Lord, Lord Coaker, and Amendment 117 from the noble Lord, Lord Dubs. These both aim to boost family reunion opportunities for unaccompanied minors and for entry to seek asylum, in part substituting for the loss of the Dublin regulation. I also support other amendments in this group. I beg to move.

[Lord Hylton (CB)]

My Lords, I have added my name to three amendments in this group. I note that they are all new clauses. New clauses are necessary to improve this Bill, and they are essential to humanising our present systems, let alone what may emerge from the Bill once it becomes an Act.

Reuniting families split by wars and persecution brings huge benefits; I think we can all agree on that. Amendment 112 enfranchises both children and their parents. It also empowers the Secretary of State to add new kinds of relationships. Amendment 113 should, as the noble Baroness, Lady Ludford, has just mentioned, reduce dangerous crossings of the channel.

On Amendment 114, we all know that the neighbours of Syria and Iraq have been subjected to and have accepted huge influxes of people. The same is also true of southern European states. For these reasons, there is an urgent need for equitable burden sharing. This, in turn, will require much greater international co-operation. We can do our part in this country by using family reunion. Our neighbours and allies are entitled to know what our intentions and proposals are in this respect.

The wording of all three amendments can, I expect, be improved. Will the Government accept at least their principles, take them away and bring them back in pristine condition?