Refugees (Family Reunion) Bill [HL]

Lord Hanson of Flint Excerpts

Friday 18th October 2024 Lords Chamber

[The Minister of State, Home Office (Lord Hanson of Flint) (Lab)]

I am grateful to the noble Baroness, Lady Hamwee, for bringing the Bill before the House today. I feel a bit of a latecomer to the debate, having heard that there have been four or five previous attempts to cover this issue, before my membership of this House—indeed, before my membership of another place ceased in 2019. I appreciate the tenacity of the noble Baroness and will certainly reflect on the comments made not just by her but by Members across the House today.

This Government are trying to reset the debate on migration issues as a whole. We are undertaking some significant policy changes which will come before this House, on a range of issues to do with gangs, boat crossings and border security, which will reflect the change of tone in the approach to tackling some of these difficult migration issues. I understand and respect the reasons why the noble Baroness has brought this Bill forward today and hope I can answer some of the points that she raised.

Perhaps I may say to the noble Baroness, Lady Bennett, that we are still in the 106th day of the Government. There is therefore an opportunity to look at a four-year plus programme, not just at what happens in the first 106 days, which have already been a time of significant challenge for the Home Office on a range of issues and will continue to be so.

I thank the noble Baroness, Lady Hamwee, for raising this very important issue. I thank noble Lords for their thoughtful and passionate contributions to our debate today and for their analysis of some of the reasons why those drivers are present. I reassure all noble Lords that the Government fully support the principle of family unity and share their concerns regarding families who have been separated by conflict or persecution. It is for precisely that reason that the Government support what has been referred to already: an existing comprehensive framework for reuniting refugees with their families in the UK. I emphasise to the House that this framework is set out in the Immigration Rules, which a number of noble Lords have referenced today, and in our refugee family reunion policy.

The Government fully recognise that families will become fragmented and that the nature of conflict and persecution, referred to by a number of noble Lords, will continue to cause difficulties. However, the family reunion policy allows those with protection status in the UK to sponsor their spouse or partner and children under the age of 18 to join them here in the family unit, when an individual has fled their country of origin to seek protection in the UK. That family reunion policy has seen more than 62,605 individuals reunited with their family members in the last decade, when the party of the noble Lord, Lord Sharpe of Epsom, was in power. Over half of those individuals are children and this significant number highlights the policy’s success in providing a vital safe route.

There is no fee for family reunion. Sponsors are also not required to meet any financial or maintenance requirements. Immediate family members, such as partners and children under 18, are entitled to that sponsorship and protection status. It is very important to recognise the baseline from which this House begins, which is that the UK’s refugee family reunion policy is in this regard at least as generous—in some cases, more generous—than European and non-European countries.

I also invite noble Lords to consider the range of routes across the Immigration Rules through which family reunification can be sought. In addition to the refugee family reunion policy, the UK wants to meet its international obligations, and this Government certainly want to continue to meet theirs, so that close relatives with protection status in the UK can sponsor children where there are serious and compelling circumstances. This can be in situations where the child has no family other than a non-parent relative in the UK, who they could reasonably expect to support or care for them. Furthermore, individuals with that protection status can sponsor adult dependent relatives living overseas to join them as well.

There are issues already in place where those international obligations can be met and, in line with those obligations, this Government recognise that some applicants do not meet those current rules. None the less, in exceptional circumstances their applications will be granted by my right honourable friend the Home Secretary, where a refused application would mean a breach of their family life and responsibilities. I recognise the difficult situations for people whose protection status in the UK means that they find themselves across the world from their family members. I take this moment to make clear the Government’s commitment to reuniting families whose lives have been disrupted due to conflict or persecution.

Ministers always come to a “However”, and I now come to mine. However, there are challenges in this Bill that the Government need to reflect on, some of which were mentioned by the noble Lord, Lord Sharpe, in his contribution. I see some of them in the Bill. The focus of today’s debate has been on children; I understand that, but the Bill is about not just children but the wider family, and there is no assessment or acceptance of what the parameter of that might be. That needs reflection by the Government as part of their consideration of today’s debate. It is essential that this Government take time to reflect on the issues that have been raised in this House, give thoughtful consideration to them and look at them in the context of the wider government policy we are now undertaking.

This Government are trying to establish a border force and put some real action against the criminal gangs to stop them operating. They are trying to disrupt the gangs through ways that have not been utilised before. They are trying to ensure that we have in place a speedier, more efficient and more effective asylum and refugee system than we had previously. They are trying as well at making sure that we look at using immigration for the wider good of the economy. All those issues are currently on the table, and it is important that we examine the concerns that a number of noble Members have raised in this House in the context of that wider policy. In looking at any policy changes, the Government have to strike the right balance between what they want to do as the right thing—ensuring the protection of children and reuniting refugees and their family members in the UK—and, difficult though it is to say this from the Dispatch Box, the issues around local authorities, public services and the pressures on them. They have to take into account the way this Bill will impact the wider government policy on asylum, migration and the other issues before this House today.

Expanding the policy to extended family would—undoubtedly, in my view and in those of my colleagues across the Home Office—have a significant and difficult impact on stretched public resources. It would also mean that we have to bring more people into scope of the policy, including those who may not necessarily need international protection themselves. I want to make sure that we examine in detail the points put before the House today and the points in the Bill of the noble Baroness, Lady Hamwee. We need to do that in a way that makes sure that we maximise the best use of our resources and efficiencies within the complete picture of the Home Office’s approach to this issue.

We are clear that significantly expanding the policy to enable children to sponsor family members would also potentially cause difficulties around safeguarding responsibilities. Again, I am acutely aware of and have looked at—and will look again at —the issues raised by committees of this House and the Home Affairs Select Committee in another place. But on our 106th day in office, it would be rash to take those steps today without a reflection on that as a long-term responsibility. It is important that we make sure that we safeguard our own responsibilities, as well as safeguarding the children who will come here as refugees, by looking at that in a clear and open way.

While the issue of children being sent as a magnet for their parents may be controversial and have no merit—some discussions may be needed—it is important that we reflect on that and look at it in detail. We must make sure that the policy we bring forward as a Government meets the obligation of safeguarding children while meeting our international responsibilities and doing what we said we would do: ensuring that, wherever possible, family reunion is important. Again, there are criminal gangs which will watch this debate and the Bill’s progress and seek to exploit these issues. It is important that we reflect on that in a sensible and productive way, hearing what the House has said while looking at that in detail downstream.

Family unity is a key priority under the Government’s policy and there are ways through which we can do that. Mention has been made of Article 8 of the ECHR. I am proud to say today that this Government will not withdraw or scrap the ECHR; we are committed to its implementation. The right to family and private life is a qualified right, however. It is therefore the prerogative of a responsible Government to consider the economic well-being of the country and to balance Article 8 with the interests of maintaining effective immigration control and protecting the public purse. That is not to say that we rule out the points made by the noble Baroness, but we have to reflect on them, look at them and understand what the Bill means in practice.

The Bill would reinstate legal aid in family reunion cases. I remind noble Lords that legal aid for refugee family reunion can be applied for under the exceptional case funding scheme, where failure to provide legal aid would risk breaching an individual’s human rights. Under the scheme, separated migrant children are able to receive civil legal aid for applications made by their family members and extended family members. This includes support for entry clearance and permission to stay in the UK made either under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances. However, as has been mentioned, legal aid is paid for by the taxpayer. As noble Lords will understand, we will shortly come to a Budget and resources are not limitless. It is important that we examine the demands made today in the light of those resource pressures, ensuring that we still support those who need and seek our protection.

The noble Lord, Lord Sharpe, made some points on discussions that he has read about overseas aid and development. Some of those points relate to Budget discussions and, again, the House will understand that I am not at liberty to discuss those today, but I will reflect on what the noble Lord said. If there are points that I can share with him, I will certainly write to him in due course.

As I set out, the Government’s family reunion policy is designed to welcome the immediate family members of those recognised as needing protection in the United Kingdom. We also provide protection to the most vulnerable people in areas and regions of conflict and instability. That global humanitarian need will continue to grow: the UNHCR has assessed that, by the end of June this year, more than 122 million people around the world had been forced from their homes, with 37 million of them now refugees.

This Government have a generous UK resettlement offer, which is an integral part of our challenge in addressing the needs of vulnerable refugees. The UK will continue to provide safe and legal routes for tens of thousands of people to start new lives here through the UK resettlement scheme, as well as community sponsorship and mandated resettlement schemes. Take the Afghan citizens resettlement scheme as an example: it has now provided support for more than 28,000 people, including women and children. The Ukraine family resettlement scheme and the Homes for Ukraine scheme have also enabled hundreds of thousands of individuals to seek sanctuary in the United Kingdom.

I thank the noble Baroness, Lady Hamwee, for raising this issue and thank noble Lords for contributing to our thought-provoking discussion today. This will remain an emotive issue—one that it is important to consider and one on which the Government, in particular the Home Office, will reflect in future. I look forward to continuing the debate and listening further when this Bill progresses in this House.