Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) (Amendment) Regulations 2026

Debate between Lord Hanson of Flint and Baroness Teather
Tuesday 21st April 2026

(1 week, 3 days ago)

Lords Chamber
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Lord Hanson of Flint Portrait The Minister of State, Home Office (Lord Hanson of Flint) (Lab)
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My Lords, these instruments—the Immigration and Asylum (Provision of Accommodation to Failed Asylum-Seekers) (Amendment) Regulations 2026 and the Asylum Seekers (Reception Conditions) (Amendment) Regulations 2026—were laid before the House on 5 March 2026. They relate to the Government’s stance that asylum support should be provided in a manner which is fair and only where it is genuinely justified.

These instruments are a key element of our sweeping reforms to create a fairer, more accountable system, one that protects support for those who genuinely need it while encouraging compliance and deterring misuse. Noble Lords might be interested in the fact that, as of December, there were 107,003 individuals in receipt of asylum support, with 30,657 in around 200 asylum hotels. In the financial year 2024-25, a total of £4 billion was spent on asylum support in the United Kingdom.

The Government inherited that situation and have to try to look at how we can reduce overall asylum costs. The Government have already reduced overall asylum support costs by 15% over that period, and we must continue to look at how we can make further reductions in the cost to the taxpayer.

One of the instruments before the House today removes the duty to provide asylum support, reverting to the discretionary power set out in the Immigration and Asylum Act 1999. This reinforces our ability to make case-by-case decisions and gives the Government greater flexibility in how we assess and distribute asylum support. It also allows us to take firmer action against those who do not comply with the rules.

For example, removing Regulation 5 allows us to withhold support from individuals who have permission to work and therefore should be supporting themselves. This includes those who entered the UK on work or student visas after explicitly confirming, as part of their visa application, that they had sufficient funds to meet their living costs for the duration of their stay. It is not acceptable for individuals to make such declarations in order to secure entry and then subsequently claim asylum and move on to taxpayer-funded support.

The same principle applies to those granted permission to work where their asylum claim has been pending for more than 12 months through no fault of their own. Where a person has the legal ability to earn and maintain themselves, it is only right that they do so. Reinstating this discretionary power also enables us to deny support to those who have intentionally made themselves destitute in an attempt to access the system. This is essential to protecting the integrity of our approach and ensuring that support is reserved for those who genuinely need it.

The other instrument we are debating today focuses on illegal working and makes doing so an explicit reason to discontinue an individual’s asylum support. Previously, where an individual was suspected of working illegally, this had to be investigated as fraud or concealment of funds to establish that they were no longer destitute. By setting out clearly in legislation that illegal working is itself a breach of asylum support conditions, we create a direct and transparent mechanism to discontinue support, without the need for protracted fraud investigations.

Most asylum seekers do not have the right to work in the UK, yet some choose to work illegally while also claiming asylum support and accommodation. I suggest to noble Lords that that is not right. This undercuts legitimate businesses and takes genuine work opportunities away from other citizens. It is unlawful to undertake work without the requisite authorisation, and this measure ensures that there is now a clear and proportionate consequence for those who choose to disregard that requirement.

Through the statutory instrument before the House, illegal working will be an explicit ground on which Section 4 support may be withdrawn from failed asylum seekers, therefore aligning with the changes made to Section 98 and Section 95 support that were laid on the same date as these instruments and came into force on 27 March. This ensures that public resources are directed only to those who abide by the rules and who genuinely cannot support themselves, reinforcing the credibility and fairness of the system as a whole.

Taken together, these measures will deliver a coherent system in which support aligns with responsibility. I emphasise to the House that this shift is about fairness and responsibility. Rights must come with responsibilities, and the British taxpayer cannot be expected to fund support for individuals who deliberately disregard the rules of the asylum system and the laws of the United Kingdom.

Crucially, none of these changes alters the legal safeguards that remain firmly in place. Our human rights and equality obligations will continue to provide strong protections, ensuring that we operate within a framework that upholds fundamental rights. Our intention is to provide greater flexibility over who we provide support to, ensuring that support is targeted, proportionate and sustainable. The revocation of Regulation 5 is an enabler for the development of a new framework that provides us with the ability to make changes in relation to those who have the ability to support themselves or who fail to comply with the conditions set by the Home Office or who break UK law.

This is the first step in building a modern and controlled asylum support system, which protects the vulnerable, encourages compliance and ensures public confidence. By tightening eligibility, we strengthen public confidence in the system and, I contend to the House, ensure that support is focused on those who play by the rules. I commend both orders to the House.

Baroness Teather Portrait Baroness Teather (LD)
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My Lords, I see some of the same noble Lords in their places for this debate that were here for the debate last Tuesday. I trust that the Minister is feeling much better.

As with last week, these SIs on asylum support leave much unclear and have been tabled before the accompanying impact assessments or the framework the Minister just referred to, which would help the House understand the implications. I cannot approach a debate about destitution in the asylum system as an entirely abstract topic. I cannot not see the faces of the asylum seekers and refugees I had the privilege of working with at the Jesuit Refugee Service over a nine-year period. They were men and women from many different countries who, for one reason or another, found themselves destitute along their asylum journey.

Child Poverty and Homelessness: Asylum and Settlement Policies

Debate between Lord Hanson of Flint and Baroness Teather
Tuesday 14th April 2026

(2 weeks, 3 days ago)

Lords Chamber
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Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I say to my noble friend that the aim of these measures is to reduce misuse of support, not to make people homeless or to increase child poverty, which it is a core mission of the Labour Government to eradicate. We will not deny support to those who genuinely need it and who have no way to support themselves. My noble friend will also know that we have consulted on these measures. We have had some 200,000 responses and we are currently assessing them. A full economic impact assessment and equality impact assessment of the regulations will be undertaken in due course, and we will look at the responses to the consultation to inform how we deal with these measures as we go forward.

Baroness Teather Portrait Baroness Teather (LD)
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My Lords, as a former director of the Jesuit Refugee Service, I am concerned that the changes to the duration of refugee protection may create a state of permanent vulnerability and instability for refugee households. What assessment has the Minister made of the likely impact of these changes on the mental health of refugees, and their implications for provision of services by the NHS and others?

Lord Hanson of Flint Portrait Lord Hanson of Flint (Lab)
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I think the noble Baroness will know and will want to be assured that the whole purpose of these changes is to make both asylum and refugee status quicker in dealing with those outcomes. We have made some changes, and during the 30-month period of protection, if it is granted, refugees will continue to have the sanctuary their protection requires, and it will be renewed if they still require it. But the important thing is to assess claims quickly in order to make sure that we grant status quickly, so that people can earn a living and integrate into society.

Relocation Scheme (Syrians)

Debate between Lord Hanson of Flint and Baroness Teather
Wednesday 16th July 2014

(11 years, 9 months ago)

Westminster Hall
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Lord Hanson of Flint Portrait Mr Hanson
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I am grateful to my hon. Friend—I hope I can call him that—for raising that issue. We need to put on record the fact that refugee status is not the same as immigration. There is general concern about immigration, but these people would, I believe, ultimately want to return to their home nation when the situation there was settled and the conflict that drove them out of their home nation in the first place was resolved. There is a willingness to help, and there has been historically.

Baroness Teather Portrait Sarah Teather
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Members may not be aware of this, but a poll was done of first-time voters during refugee week. It showed that 70% supported the Government’s decision to resettle in the UK some of the most vulnerable Syrian refugees. I just want to give the Government some confidence that this proposal is popular; they are not working against a tide of popular opinion—people genuinely want this to happen.

Lord Hanson of Flint Portrait Mr Hanson
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I am grateful to the hon. Lady. I appreciate the way in which she has phrased her remarks, although Governments sometimes have to do things that are unpopular, even if those are the right things to do. That aside, this is the right thing to do.

In the short time I have, I want to test the Minister on a number of the practicalities of the vulnerable persons relocation scheme. First, I would genuinely welcome an update on how many people have arrived under the scheme, which was announced in January. The last answer to a parliamentary question on this issue was on 24 June—three weeks ago—and it indicated that 50 individuals had arrived as part of the scheme. I would welcome confirmation of how many have arrived as of 16 July. Like other hon. Members, I would also welcome an assessment of how many people are in the pipeline and may arrive in the next six months.

I accept, although I may not agree it was justified, that there were difficulties in establishing the Government’s scheme, rather than using the UN’s existing scheme. I would welcome an update from the Minister on whether proper assessments are in place to deliver a number of individuals. I would also welcome his assessment of how many people will go through the system and arrive in the UK in not only the next six months, but up to the general election next May, although we cannot commit beyond that.

I would welcome the Minister’s assessment of how many local authorities have signed up to assist with the Government’s scheme. I asked the Minister that question earlier this year, but he was unable to given an indication. He may not want to name the local authorities, but it would be helpful if he said that there was a certain number, that they were in London, that they were metropolitan or regional authorities, or that they were in Scotland, Wales or Northern Ireland, just so that we can get some flavour of how the scheme will progress downstream. When people arrive, they have to be dispersed and to have accommodation.

I would welcome an assessment of whether there are problems with local authorities. I have picked up that they may be worried about their ongoing costs and whether the Government will commit to meet those costs beyond a particular time. I would also welcome the Minister’s comments on what he regards as the minimum standard of support for those who arrive. The scheme is different from the UN one, and I would welcome his outlining the support he anticipates those arriving in the UK will receive from the Government.

In a further answer to a parliamentary question from me, the Minister said:

“Costs will be recovered wherever possible, including from the EU.”—[Official Report, 28 April 2014; Vol. 579, c. 427W.]

I would welcome an indication from the Minister of how much resource the Government have spent to date on the vulnerable persons relocation scheme, what he expects to spend by the end of the first full financial year, which started in April, and whether he expects to recoup any or all of that money from the EU.

I would also welcome an overall assessment of the longer-term picture. We do not know who will be in government post-May 2015, but does the Minister believe, on the basis of the position today, that the scheme will progress after that time? If so, how will it progress and for how long, given the still devastating political instability in the region? I believe that we need to respond in a positive way, as Opposition Members and the hon. Member for Brent Central have said. She has performed a service in bringing the matter before the House today. The House has been pressing the Government to say how their aspirations are being met on the ground and what support—when, where, how and for how many—they are giving through the scheme. I look forward with interest to hearing the Minister’s response.

Immigration Bill

Debate between Lord Hanson of Flint and Baroness Teather
Thursday 30th January 2014

(12 years, 3 months ago)

Commons Chamber
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Baroness Teather Portrait Sarah Teather
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Has the shadow Minister noticed an anomaly that concerns me and on which I hope the Home Secretary can give some clarification? It appears that if someone applies for variation in leave, that leave is protected if their administrative review is pending, but not if they appeal.

Lord Hanson of Flint Portrait Mr Hanson
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That is another issue. Our amendment 1 would remove clause 11 from the Bill and allow the Government to reflect on the concerns raised by the hon. Lady—she speaks from the Government Benches, but I appreciate that she has an independent frame of mind—and on those expressed outside, in evidence to the Committee, and by my right hon. and hon. Friends about the impact of abolishing tribunals on the sort of people currently having their appeals upheld. Individuals are having their appeals upheld at tribunal, but under clause 11 such appeals will not be possible. Our proposal is either, in amendment 1, to remove clause 11 or, if the Home Secretary cannot accept amendment 1, in new clause 13, to provide for an assessment beforehand so that we can consider this matter in detail.

Madam Deputy Speaker, you will be pleased to hear that I am coming to my final point, although I have only spoken for half an hour—considerably less time than the Home Secretary took. The hon. Member for Esher and Walton has a range of support for his new clause 15, and in due course I will want to hear again what he has to say about it. Like my right hon. and hon. Friends, I want to see foreign criminals deported. That is right and proper. I was pleased, as well as doing counter-terrorism, to serve under my right hon. Friend the Member for Blackburn (Mr Straw) in the Ministry of Justice. He went to Vietnam to negotiate a deal to deport terrorists and prisoners there, and I went to Nigeria to do the same. We also negotiated a deal with the EU for it to accept foreign criminals, which the Government are now implementing and from which they are reaping the benefits. We have an interest in ensuring that foreign nationals living in this country who commit crimes and go to prison serve a sentence and then are ultimately returned to their home state.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Baroness Teather
Monday 21st November 2011

(14 years, 5 months ago)

Commons Chamber
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Baroness Teather Portrait Sarah Teather
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Our survey suggests that there have been six closures and 124 mergers since last year, out of a total that started at 3,631, so there has been a 3% change in the number of Sure Start children’s centres, demonstrating that most local authorities are not only doing the best in what are, I recognise, very difficult circumstances, just as they are for the Government. Those authorities are prioritising services on the ground and that is certainly what we are encouraging them to do, as we ask them to publish the information on what they spend, under the new transparency requirements that the Government have introduced. Similarly, payments by results will focus them much more on outcomes.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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22. What assessment he has made of the findings of the report by the Institute for Fiscal Studies on trends in education and schools spending.

Oral Answers to Questions

Debate between Lord Hanson of Flint and Baroness Teather
Monday 11th July 2011

(14 years, 9 months ago)

Commons Chamber
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Baroness Teather Portrait The Minister of State, Department for Education (Sarah Teather)
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We finished our consultation on the Green Paper on 30 June and received 2,300 responses along similar lines to those my hon. Friend has outlined. I feel very passionately about the need to involve parents better, particularly if their child has special educational needs. That is one of the reasons we are rolling out Achievement for All—a programme that does exactly that.

Lord Hanson of Flint Portrait Mr David Hanson (Delyn) (Lab)
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When do Ministers expect to come to a conclusion with the devolved Administrations on the replacement for the child trust fund for looked-after children, which was promised by the Chancellor of the Exchequer some months ago but which, as far as I can see, is still yet to reach its final stages?