Lord Bates
Main Page: Lord Bates (Conservative - Life peer)Department Debates - View all Lord Bates's debates with the Home Office
(8 years, 6 months ago)
Lords ChamberYes, I understand that. I am really pointing to what some Members are seeking as the result of that review—and even that would not be the best step to take at this point.
My Lords, I am aware of the calls from the Refugee Council and the arguments cited in favour of widening the family reunion criteria. I have also listened carefully to the arguments put forward today, and in particular to the personal stories that bring to life the statistics that we are considering.
We recognise that families may become fragmented due to conflict and persecution, and the speed and manner in which asylum seekers often flee their country of origin. Our policy already allows immediate family members of those with refugee leave or humanitarian protection who formed part of the family unit before the sponsor fled their country to reunite with them in the UK. I say to the noble Baroness, Lady Hamwee, that the minimum income threshold of at least £18,600 would not apply where a refugee is sponsoring their pre-flight spouse or partner to join them here.
British citizens are also able to sponsor their spouse or partner and children under 18 to join them under the family rules, providing they make the appropriate entry clearance application and meet the relevant criteria. The rules have been in place since July 2012 and reflect our obligations under Article 8 of the European Convention on Human Rights. Where an application fails under family reunion provisions, our policy also requires consideration of exceptional or compassionate reasons for granting a visa outside the rules. This caters not only for extended family members of refugees where there are exceptional circumstances but for family members of British citizens who are unable to meet the financial requirement rules.
Our policy is more generous than our international obligations require. Some EU countries require up to two years’ lawful residence before a sponsor becomes eligible and impose time restrictions on how quickly family members must apply. Additionally, there are specific provisions in the Dublin regulations, which the noble Lord, Lord Green, referred to, to unite unaccompanied children who claim asylum in another member state with their parents or other relatives, where they can take care of the child and it is in the child’s best interests to bring them together. We granted more than 21,000 family reunion visas between 2010 and 2014. Numbers are likely to increase in line with the numbers of recognised refugees in the UK.
Our policy prevents children with refugee status in the UK sponsoring their parents to join them. This is a considered position designed to avoid perverse incentives for children to be encouraged or even forced to leave their country and undertake a hazardous journey to the UK. As Save the Children pointed out, many children are feared to have fallen victim to people traffickers. Allowing children to sponsor their parents would play right into the hands of traffickers and criminal gangs and go against our safeguarding responsibilities.
I know that this point has been raised; we frequently discuss unaccompanied asylum-seeking children. We also know that one of the key concerns of the International Organization for Migration and the UNHCR, our partners in the Syrian vulnerable persons relocation scheme, is that the best interests of the child are often served by keeping the family unit together in the region rather than providing an incentive for them to undertake a hazardous journey. It is also the reason why the Syrian vulnerable persons relocation scheme takes family units from the region. That is the specific intent: bringing families together to the UK.
We have talked about this country’s great generosity. Many of the wonderful stories in the media have been of families from Syria arriving together. They have been pre-cleared and immediately have access to welfare and the right to work. Accommodation has been provided for them. It is an outstanding scheme, which we can all be very proud of. We do not believe that widening the criteria to include so many additional categories of people is practical or sustainable. We must be very careful not to inadvertently create a situation which encourages people to undertake the hazardous journey.
With regard to the British Red Cross, with which we work very closely, we have already accepted recommendations it made in its report Not So Straightforward: The Need for Qualified Legal Support in Refugee Family Reunion, published on 9 July, around simplifying the application form and providing consistent, accessible guidance. We are improving our guidance to caseworkers and redesigning the application form to ensure that applicants better understand the process and what is required of them.
My Lords, I am grateful to the noble Lord, Lord Teverson, in particular. Raising our sights to talk of love on day 4 of the Immigration Bill in Committee at quarter to 10 at night sends the mind wandering. It is good.
We welcome those who wish to make a life in the UK with their family, to work hard and to make a contribution, but family life must not be established here at the taxpayer’s expense and family migrants must be able to integrate. This is fair to applicants and to the public. That is why the coalition Government introduced the changes to the Immigration Rules in July 2012. These amendments would seriously dilute those reforms.
Amendment 232 would require the Secretary of State, within six months of Royal Assent, to amend the minimum income threshold requirement for sponsoring a non-EEA national partner and any non-EEA national dependent children to settle in the UK. This is set at £18,600 a year for a couple, with higher thresholds if children are also involved. It reflects advice from the independent Migration Advisory Committee on the income that means a family settled in the UK generally cannot access income-related benefits. The amendment would reduce this to the level of the national minimum wage, or around £12,100 a year on the basis it describes. The amendment would also reduce the increments that apply if non-EEA national children are also sponsored. It would allow third-party subsidies to be counted, though it cannot ensure these will be sustained.
Amendment 232 would therefore significantly undermine the proper impact of the minimum income threshold. A couple with income equivalent to the national minimum wage can still access income-related benefits and tax credits, so a minimum income threshold set at the level suggested would not be sufficient to prevent burdens on the taxpayer once the migrant partner reached settlement and had full access to welfare benefits. It would also provide less support for the migrant partner’s integration in society. That is simply not an adequate basis for sustainable family migration and integration in future.
Amendment 234AA in the name of the noble Baroness, Lady Hamwee, would require the Secretary of State, within six months of Royal Assent, to amend the entry clearance rules for non-EEA national adult dependent relatives. The route for adult dependent relatives was reformed because of the significant NHS and social care costs which arise when adult dependent relatives settle in the UK, notwithstanding the intention of the sponsor here to look after them. The new rules do not provide a route for every parent or grandparent to join their adult child or grandchild in the UK and settle here. It is not intended that they should do so. The route now provides for those most in need of care but not for those who would simply prefer to come to live in the UK.
Amendment 239A in the name of the noble Lord, Lord Teverson, would remove nearly all the requirements of the family Immigration Rules for spouses and civil partners of British citizens. This would undermine our system for family migration. Understanding basic English and being financially independent help to ensure that the migrant is able to integrate and play a full part in British society. We want to see family migrants thriving here, not struggling to get by. The courts have upheld the lawfulness of these requirements, finding that they strike a fair balance between the interests of those wishing to sponsor a non-EEA national partner to settle in the UK and of the community in the UK in general. The family Immigration Rules we reformed in the last Parliament are having the right impact and helping to restore public confidence in this part of the immigration system. In light of this, I hope that the noble Baroness may feel able to withdraw her amendment.
My Lords, I had not intended to intervene in this debate either, but having listened to the noble Lords, Lord Alton and Lord Forsyth, and others, I cannot help but raise a voice on behalf of the Christian community. We are to a greater or lesser extent Christians in this country. We may not be very good Christians, but the idea that we cannot intervene on behalf of a Christian community because we might be discriminating strikes me as being absolutely unacceptable and appalling. I hope that the Government will take close notice of that and think about this serious issue.
My Lords, I thank the noble Lord, Lord Alton, for his moving speech. He spoke with his typical passion, and the way he presented the arguments and the accounts he gave have certainly had a great effect on me. I think that he has done a great service to the Committee by drawing the plight of Christians in the Middle East to our attention. My noble friend Lord Forsyth invited me to tear up my speech before he had actually had an opportunity to hear it, and of course he invited me to do it while I am currently enjoying the privilege of the company of the Chief Whip, who perhaps is little worried that I might take my noble friend’s advice.
I feel very strongly about this. We cannot be anything other than moved by the brutality and evil that we are seeing unleashed in the Middle East by Daesh. I have seen something of the situation for myself on a personal visit to Zahlé, which is the capital city of the Bekaa Valley and a Christian community. I am acutely aware of the pressures to which people are subject out there. However, I cannot accept that this Government are not doing everything they can; we are leading the way. We are in the week—tomorrow, I think—when the Prime Minister will host a conference on Syria here in London, just across the way. He will urge other people to step up to the mark. A DfID report pointed out that Britain is paying more than its fair share. It recognised that we are paying 226% of our international obligation in terms of cash to support people in the region. We are hosting the event and acting diplomatically by urging for a solution to the crisis, and of course we are also acting militarily in the region.
We need to put on the record some of these points because I think some myths are arising within the Christian community, and I say this very carefully as a member of that community. Some myths are emerging about where the discrimination occurs. We are not saying that Christians will not be considered but that they will be considered on an individual basis, and the criteria we are looking at, particularly within the Syrian Vulnerable Person Resettlement scheme, include women and girls at risk, those in need of serious medical care, and the survivors of torture and violence. Of course, in all the accounts we have heard about, they would certainly seem to be people who would qualify under that definition by what they have suffered and what they have experienced when they present to the authorities rather than by a general description. That is the central case we have put. At the moment, the basic principle is that applicants for refugee status must establish their need for protection on an individual basis, and for that reason we do not think that putting this to the Supreme Court is necessarily the right way. We believe that under the current rules, we have the ability to help the people who are in need.
We also need to put on the record at this point that the people who are actually suffering the greatest brutality at the hands of Daesh are fellow Muslims in the region—and the Yazidis, the Kurdish groups, that are there as well. They are suffering, too, and our prime driving force when providing international humanitarian protection, which is what it is, is on the basis of need. That will continue to be our position.
I am very happy to meet noble Lords who have an interest in this area, with officials, to ensure that our system is sufficiently sensitive to understand what is happening on the ground—and the accounts of the noble Baroness, Lady Cox, and the experiences of the Bishop of Aleppo. We want that understanding so that it can inform our decision-making and ensure that our system is correct and appropriate. I reiterate that those Christians who are female, at risk of persecution, survivors of torture and/or violence are exactly the people that our systems of humanitarian aid in the region and our systems of relocation to this country are designed to help.
I am grateful to my noble friend. I entirely accept what he says about Muslims being subject to horrors as well as Christians, but could he deal with the point that the problem for Christians is that they cannot go to the official camps because they fear for their safety, because, once again, they are a minority? Is there any possibility of creating some kind safe haven? That in itself may create a further security problem for them. The genocide point is that it would enable immediate action to be taken.
Certainly, the situation is that we would take families from within the camps and from the surrounding areas. It is not exclusively from the camps; it is those who are identified as being in greatest need. The noble Lord, Lord Forsyth, raises an interesting point on the camps. I shall certainly feed that back to the department and seek some reassurance, and perhaps write to him and other noble Lords on what protections are arranged in the camps where DfID and others are involved to be sensitive to the needs of Christians.
I thank my noble friend Lady Cox, the noble Lords, Lord Forsyth, Lord Dubs, Lord Marlesford and Lord Judd, the noble Baroness, Lady Hamwee and the noble Lord, Lord Wigley, for their contributions to the debate and for supporting the amendment. I thank the Minister as well for the characteristic way in which he has tried to deal with the arguments that have been raised during our debate.
He mentioned the conference that will be taking place tomorrow. Last week I attended a briefing that was hosted by Justine Greening, the Secretary of State at the Department for International Development. Throughout the presentation, not once was the position of minorities mentioned. I specifically raised that at the end of the presentation and the Secretary of State was helpful in her response, but it was not a presentation about events on the ground; it was about money being provided in humanitarian relief and aid. Important though that is, it is not the subject of the amendment and it is not the subject of my concern. I pay tribute to the Government for what they have done by way of humanitarian aid and I agree with them that countries such as Germany, which is co-hosting the conference, need to do more on that front and that we need to tackle these problems at source. Until we rectify some of the reasons why people are being driven out of their homeland, we will continue to see this exodus of biblical proportions.
The Minister and I are on the same page on that. I agree with what the Government are doing in that respect, but money and aid are not the same as recognising what is happening on the ground as a genocide. That is why I cited the resolution of the Parliamentary Assembly of the Council of Europe last week. We will see what the European Parliament decides today, but other national Parliaments, the 75 Members of both Houses, and the Motion referred to by my noble friend in the House of Commons last week say something altogether different, which is why the noble Lord, Lord Marlesford, said he was ashamed that this debate was necessary at all. So am I in many respects; we should not need to be debating this.
The Supreme Court is different from the Government. It is one step aside. If there is no evidence to demonstrate that there is genocide then the Supreme Court would say that. The Justices of the Supreme Court would make that determination and nothing further would have to happen. But if it decided that there was a prima facie case of genocide, then it would kick-start all the other things that need to happen, especially the special status that would then be given to those groups who had been targeted. Yes, they include Christians, but not Christians alone. They would be prioritised because they are victims of genocide. That would be the reason.
I am grateful for what the noble Lord said about meeting those of us who proposed the amendment tonight. I welcome that and certainly I would be happy to take part in discussions between now and Report, but it is important that the Foreign and Commonwealth Office, the Ministry of Justice and DfID, which the Minister referred to, are also part and parcel of that discussion. I know that some of the pressures against doing something on this issue have come from other departments.
We were told during this brief debate that we should recognise the magnitude of this catastrophe, but people had no idea of the scale of what is happening. There cannot be decent societies in the Middle East without plurality, diversity, tolerance and respect. Surely those have to be the reasons why we put this at the very top of the agenda. I have said before that Einstein’s definition of insanity is simply doing the same thing over and over again. Whatever military campaigns we have, however necessary it may be to engage in military action, will not fundamentally change things on the ground. What marks us out as different from organisations such as ISIS is our belief in the rule of law. Surely this goes to the very heart of what it means to believe in the rule of law and to uphold conventions that we are signatories to and which impose on us a duty to protect and to prosecute.
I beg leave to withdraw the amendment, but I also give notice that I intend to bring this back on Report if we are unable to make appropriate progress.
My Lords, first, there was a letter of 24 November which I think will answer a lot of the concerns of the noble Baroness, Lady Hamwee. It went to all council leaders and was on the dispersal of unaccompanied asylum-seeking children, and it was jointly from the Home Secretary, the Secretary of State for Education and the Secretary of State for Communities and Local Government. In fact it set out, as the noble Baroness requested, what financial support was available and encouraged local authorities to participate in the scheme. I will make sure that she gets a copy of that letter and that it is also sent to other members of the Committee.
These amendments raise important issues concerning Clauses 39 to 43. These provisions are intended to underpin new arrangements for the transfer of children, which we are developing together with the Local Government Association, the Department for Education and the Department for Communities and Local Government. We know that the crisis in Syria and events in the Middle East, north Africa and beyond have seen an unprecedented increase in the number of migrants. Many of them are arriving in the UK, particularly in Kent. There are now 900 unaccompanied asylum-seeking children in the care of Kent County Council, nearly 300 of whom have been placed with other local authorities. This has placed significant pressure on the council and its children’s services, as the noble Baroness, Lady Hamwee, acknowledged.
I thank all those in Kent for the excellent response which they have shown. The Government are clear that wider arrangements need to be made to support the county and ensure that unaccompanied asylum-seeking children get the support they need and are appropriately safeguarded. Additional funding has been made available to the local authorities which take responsibility from Kent County Council for caring for unaccompanied asylum-seeking children.
We hope that the new transfer arrangements will remain voluntary. However, Clauses 39 to 43 will underpin those arrangements in England if necessary. Clause 39 introduces a new power to make it easier to transfer unaccompanied migrant children from one local authority to another. Clause 40 will enable the Secretary of State to direct local authorities to provide information about the support and accommodation provided to children in their care. This will inform the new transfer arrangements. Clause 41 will enable the Secretary of State to direct the provision of written reasons as to why a local authority refuses to comply with a request to accept responsibility for an unaccompanied migrant child from another local authority area.
Clause 42 will enable the Secretary of State, if necessary, to require local authorities to co-operate in the transfer of unaccompanied migrant children from one local authority to another. Clause 43 will enable regulations subject to the affirmative procedure to make similar provision in relation to Wales, Scotland or Northern Ireland for the transfer of unaccompanied migrant children. I will come back to the point raised by the noble Lord, Lord Wigley, in a moment.
Amendment 236ZJ would make detailed statutory provision for the use of the new powers. I agree with much of the thinking behind the proposed new clause, which raises several issues for which the new arrangements will need to make provision and which will need to be taken into account. But we do not consider that it would be helpful to make such provision in the Bill. Many of the issues on which we are currently working with the Local Government Association and others are designed to provide the optimum arrangements for both local authorities and the children concerned.
We agree that issues such as proper continuity in the process for considering the child’s asylum claim or immigration application will need to be addressed, as will the continuity of the social care and educational provision made for them. Any regulations made or any scheme prepared by the Secretary of State to underpin the new transfer arrangements will need to provide clarity as to roles, responsibilities, timescales and other relevant factors. This will be the focus of the continuing joint work with the Local Government Association and others. We think that it is right to retain flexibility within primary legislation to allow that work to continue and to arrive at solutions which meet the needs of the children and of the local authorities that will be responsible for their care.
Amendments 236ZF and 236ZG require consultation across government and with local authorities before regulations are made under Clauses 39 to 42. I am happy to give assurances that such consultation is continuing. Amendment 236ZH requires that a scheme under Clause 42 should specify the provision of resources. I am happy to give an assurance that funding arrangements will remain integral to the work of developing and implementing the new transfer arrangements.
Amendments 237 and 238, in the name of the noble Lord, Lord Wigley, would require the consent of the devolved legislatures before regulations under Clause 43 could be made, subject to the affirmative procedure, making similar provision in relation to Wales, Scotland or Northern Ireland for the transfer of unaccompanied migrant children. This important issue was raised by the Constitution Committee in its report on the Bill. Immigration is a reserved matter and the transfer of migrant children is not an area in which Wales, Scotland or Northern Ireland have legislative competence. Their consent is not required for the UK to legislate in this area. However, we have been liaising, and will continue to liaise, with the devolved Administrations to see how the transfer arrangements, which we hope can be voluntary, might be extended to Wales, Scotland and Northern Ireland. We will continue to work closely with them on these issues, but we are clear that we must make statutory arrangements if necessary.
Will the Minister reflect on the fact that although the power may be reserved for the transfer of children, the responsibilities and the powers associated with those responsibilities to undertake safeguarding and to look after those children rest, almost entirely, in Wales with the National Assembly, in Scotland with the Parliament, and in Northern Ireland with the Assembly—and to the extent that it is devolved to local authorities, with local authorities? Therefore, is it not sensible to have written into the Bill that such consultation should take place in advance? Just landing it on the National Assembly without any prior consultation, seems, to say the least, to be cavalier. Is that the way in which co-operative politics should be working?
I do not think that that would happen; it is certainly not what is intended. We intend that there should be full consultation with the devolved Administrations on these matters, and we hope that a voluntary scheme can be arrived at. I make the general point that we all agree that Kent, in particular, is bearing an unfair share of the burden of caring for unaccompanied asylum-seeking children. We often hear in this House many fine words from local authorities but, so far, only six or seven out of 440 have stepped up to be part of the scheme on a voluntary basis. That is why we want to include this provision. It would be wonderful if more local authorities in Wales and in England came forward to take some of these children about whom we have talked so much tonight as being in need and share the responsibility, but if they do not, it is important that the Secretary of State has this power.
I ask the Minister on a practical basis and in a positive way what channels the Government recommend that individual families who want to help should use.
There will be a national register for those who want to help, in particular, with Syrian children. That is being brought together. That is a different arrangement. The children and families who we are currently taking from Syria are in acute need, often medical need, or have suffered violence. They are not those who would be most suitable for a room in someone’s home—they need particular attention. Further down the line, as we continue to help people fleeing that dreadful situation, we will want to take up those offers that have been generously made from charities, individuals and churches. That is why the national register is being put together, and it will be overseen by Richard Harrington, who is the Minister responsible for the Syrian vulnerable persons scheme.
I am sorry to come back on this, but the Minister referred to the fact that only a handful of local authorities have come forward. I happen to know, because I am active with the refugee committee in my home town of Caernarfon, that Gwynedd County Council has been trying to help in this regard. Gwynedd County Council and other local authorities in Wales come under the National Assembly for Wales. There may well be a systematic breakdown here because of a lack of consultation with the National Assembly, the Scottish Parliament, et cetera, which are the interface with local authorities in those countries. Will the Minister look at this between now and later stages to ensure a systematic approach so that everybody is brought in and those with good will and a wish to help are facilitated to undertake exactly that help?
Yes, that is something that I am happy to undertake to do. To clarify the situation, the six local authorities I referred to were just for the Kent dispersal scheme. It is invidious to single out particular local authorities. I was making the more general point that it would be wonderful if more local authorities came forward. We certainly want to ensure that the generous offers made, to which the noble Lord referred, are fully explored, so that help can be provided where it is offered.
My Lords, it might be invidious, but I am going to do it, although in a related context. On the call for local authorities to assist with providing accommodation for refugee families, I am ashamed that the leader of my local authority of Richmond upon Thames explained that it was not possible to assist because it is not a housing authority. I think that that is using technical language which could be applied very widely across the country, but has not deterred others.
The statement from the Local Government Association on the current position, issued especially in response to the calls for admitting 3,000 unaccompanied asylum-seeking children, starts by calling for the programme to focus on family reunification, which takes us back to debates we just had. The statement refers to the current financial arrangements for taking on full Children Act responsibilities and funding the leaving care support. It says that these are currently due to expire at the end of March. The statement was dated 27 January and I would guess that the Minister has no further news about that—he shakes his head. Clearly that is worrying the LGA and it must worry us all. Of course, I agree that reaching a consensus and partnership—the word I was struggling for before—is the most important way of addressing this. As I have said before in this Chamber, the costs would be considerable. There is the shortfall in the number of foster carers. Whatever the number of altruistic people who offer to take children, there is no avoiding the cost of support for them in undertaking an extremely difficult job in looking after these children. The LGA also says that a regional approach to resettling refugees rather than a case-by-case model controlled centrally would be more effective in utilising the funding for local authorities to support resettlement.
The Minister answered Amendment 236ZF but I do not think he said whether those factors will be included in guidance. Given the hour, I will not ask him to continue—but he made a sort of semaphore indication that he will write on that point. I am grateful for that. I beg leave to withdraw the amendment.