Calais Camp: Lone Children

Lord Bishop of Norwich Excerpts

Monday 10th October 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I slightly dispute that. We are all working together in the best interests of these children to transfer those who meet the criteria under the Immigration Act as quickly as possible. That process has speeded up in recent weeks and we hope to speed it up further still.

[The Lord Bishop of Norwich]

My Lords, given the Prime Minister’s welcome reminder last week of the good that government can do, does the Minister not agree that at the top of the list for doing good should be traumatised children in Calais who are young and unaccompanied, who often have family already in the UK and who are increasingly endangered by criminal gangs as the demolition of the Calais camp draws near?

[Baroness Williams of Trafford]

I totally agree with the right reverend Prelate; children are at the top of our agenda. It is not just the Prime Minister who thinks that; I think that we all agree that children, especially vulnerable children, are our top priority. That is why we are working together, by putting additional funding into this, speeding up the process and engaging with officials in the French Government on a daily basis.

Immigration Bill

Lord Bishop of Norwich Excerpts

Monday 21st March 2016 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, the noble Lord, Lord Hylton, has correctly anticipated the thrust of my response to his amendment. There are of course provisions in the Dublin regulations for uniting refugee families and they are being implemented, albeit very cautiously—I accept that—but this amendment throws caution to the wind.

Subsection (1)(a) of the proposed new clause in Amendment 120 provides for almost any relative of a person settled in Britain to be treated as a refugee and admitted to the UK. All he or she would need to do would be to register as a refugee with the UNHCR, so there would be little of the careful investigation of individual circumstances that applies to those who claim asylum in Britain. We would in effect be outsourcing decisions on refugee status as well as risking the development of very large numbers indeed. The second part of the proposed new clause, subsection (1)(b), is not much better. Almost any relative of someone granted refugee status in Britain would automatically be admitted, irrespective apparently of their particular circumstances.

Let us not forget that, in the past 10 years alone, some 87,000 people have been granted asylum or humanitarian protection in Britain. This amendment would throw open the door to literally hundreds of thousands of people, whether or not they themselves were in danger. Let us not forget either the question of cost, which in this context I will raise. The costs are huge. Those granted refugee status are entitled to full access to the benefits system, to the National Health Service and to social housing, where they tend to get priority because their needs are probably greater than those of many of the indigenous population. I find it surprising, actually, that such a proposal should be made when Europe is almost overwhelmed by enormous numbers of refugees and asylum seekers making their way to this continent.

I think that the amendment should be firmly resisted, but Amendment 122A is a much more realistic proposal. The fact that it uses the word “may” rather than “must” is a help, and it sets a number, which is also a help. We have to recognise that whatever limit is set would come under pressure, but it seems to me a viable start, whereas Amendment 120, in my view, is not.

[The Lord Bishop of Norwich]

My Lords, I rise to speak briefly in the absence of the right reverend Prelate the Bishop of Southwark, who is a co-sponsor of Amendment 120. I will not repeat the cogent reasons for the amendment set out so well by the noble Lord, Lord Hylton, but I will offer one observation which I think also applies to the amendment proposed by the noble Lord, Lord Alton.

There is one outstanding reason for these amendments. It is that stable families make stable societies, which in turn make for a more stable world. Do we appear to believe this? A visitor from another planet attempting to understand our Immigration Rules—it would need to be a very intelligent life form to do so—but it would be unlikely to conclude that we did all we could to enable family reunion; quite the reverse. What sort of system permits refugees to be reunited with children aged under 18 with spouses or partners, but children who are recognised as refugees have no similar right to be reunited with their parents? They must rely on discretionary provision, which is frequently not given. Hence a child granted refugee status may have to endure prolonged family separation. The argument for this anomaly, which is the most polite way of referring to it, is that to grant family reunion will feed the practice of people smuggling and may cause hazardous and dangerous journeys to be undertaken. The probability must surely be that illegal means of travel and entry are more likely to be attempted than less.

Reuniting a family creates the sort of economic, social and emotional support that people need. It may well save money from the public purse that would otherwise be expended on dealing with the traumas and mental unhappiness caused by enduring family separation. I believe that the present rules do families no service and do our society no good. I hope that the Minister will look favourably on the spirit of these amendments and upon the value of family life as well.

[Lord Rosser (Lab)]

My Lords, I shall speak to Amendment 122A, since my name is associated with it. Some 2,000 refugees are currently arriving in Greece on barely seaworthy boats every day. According to the UNHCR, the majority are now women and children, fleeing the fighting in Syria and around the Iraqi border. Some 4.8 million Syrians have been displaced since the war began.

The existing rules on family reunion simply were not designed to cope with such a mass and, at times, chaotic exodus of people, which tears families apart and potentially leaves individuals in pretty desperate circumstances. Under the Immigration Rules, people granted refugee status or humanitarian protection in the UK can apply to be joined by family members still living in other countries. However, there are a number of restrictions about which family members qualify for family reunion. For adult refugees in the UK, only partners and dependent children under the age of 18 will usually come under the definition of “family”. As a result, families can be left with the invidious choice of whether to leave some members behind.

Amendment 122A seeks to provide an immediate route to reunite, in a managed and controlled way, those families caught up in the crisis. The Secretary of State would specify the numbers to be resettled through the scheme after full consultation with key stakeholders. The amendment would provide for that in a managed way on the basis of current resettlement programmes. It allows British citizens, as well as recognised refugees in the UK, to be reunited with family members through the programme, but, crucially, any number specified would be in addition to the Government’s existing commitments on resettlement.

The amendment does not distinguish between refugee family members who have made it to Europe and those stuck in the region—people do not cease to be part of a family based on where they are in the world. It would help to prioritise those cases of family members who fall outside the existing rules and find themselves in desperate situations. We believe that Britain can do, and should be doing, more in this unprecedented crisis, which the amendment would enable the Government to do through the Secretary of State. Four thousand Syrian refugees resettled a year—none from within Europe—is certainly a start and I do not wish to stand here and suggest that it is not a real contribution, but one is entitled to ask whether it is enough when that number arrives in Greece over the course of just two days.

We support the amendment and we will vote for it if the mover, having heard the Government’s response, decides to test the opinion of the House.

--- Later in debate ---

It points out that both the UNCHR and the Home Office already have a clearly established definition of unaccompanied asylum-seeking children, which refers to separation from both parents and absence of care by an adult who in law or custom has responsibility to provide such care. Its worry is that the clause could be used to restrict the definition of “unaccompanied”, so that those who arrive in the UK with, say, a trafficker or someone else seeking to exploit them—“accompanied” in a literal sense—might be denied the support offered to unaccompanied children, even though they lack the support and care of a parent or legal guardian. I am sure that that is not the intention, but I would welcome an assurance and an explanation about what the intention is—probably, given the lateness of the hour, in one of the Minister’s famous letters.

[The Lord Bishop of Norwich]

My Lords, the situation of most young adults in this country reveals why this group of amendments is needed. I am glad to add my name to it and pay tribute to the noble Earl for his introduction. In 2015, half of all young people aged 21 in this country and 40% of all 24 year-olds were still living with their parents. As many Members of your Lordships’ House will know from personal experience, even adult children who have left home often return when need arises. Indeed, my own personal experience of adult children is that territorial control of bedrooms continues even when they have got married or have their flats elsewhere—I am thinking of introducing a bedroom tax in Bishop’s House in Norwich.

Children in care are not somehow exempt from the societal pressures of this age. In this regard, the Government recently changed legislation so that all care leavers can stay put in foster placements until they are 21, which is a recognition of a massive shift in our society and is good for their welfare. The current system of leaving care is designed to keep contact with young people, wherever they end up.

Care leavers who have exhausted their appeal rights and find themselves alone in this country face the same difficulties as other children leaving care but additional ones as well: isolation, loneliness and fear are common. They have often suffered abuse, violence and trauma earlier in their lives. Migrant care leavers need help from their corporate parents to gain access to legal advice and representation in relation to their immigration status.

Research for the Children’s Commissioner, published 18 months ago, included interviews with care leavers who had become appeal rights exhausted. They had a pervasive sense of fear, anxiety and depression. Some said that they contemplated suicide. The experience of friends hardened their resolution to remain in the UK. One young person said of this friends that,

“one of them is currently in a detention centre, one was sent back years ago, and one was sent recently, sent back to Afghanistan … but he is in a big trouble. His father is telling him to join the Taliban”.

This amendment is necessary because such young people undoubtedly continue to need support, whether it is to make sure that returning them to their country of origin is truly safe or to work with them in preparing them to return with assistance and proper support, without the need for enforcement. I hope that the Minister will look sympathetically on this group of amendments.

[Baroness Hamwee]

My Lords, I have added my name to these amendments and I was planning to say nothing more than that I agree with everything the three previous speakers have said. However, the point made by the noble Baroness on definition seems to need clarifying. When the Minister has considered that, if there seems to be any doubt that has to be resolved in correspondence, it should be resolved in the Bill at Third Reading. If there is a problem, that is where the resolution needs to be.

Immigration Bill

Lord Bishop of Norwich Excerpts

Tuesday 15th March 2016 Lords Chamber

[Lord Roberts of Llandudno (LD)]

We are facing a problem that I think we realise exists: what happens to youngsters—unaccompanied asylum seekers or refugees—who came here some years previously? They have settled down here, they have become part of our communities; they speak our language, they go to our schools; they have imbibed the culture of the United Kingdom; and they have been very well cared for—and we are so grateful to the authorities and the foster homes which take this responsibility upon themselves. But then, when they reach 18 years of age, they lose that protection. This is an immense problem.

I remember meeting about half a dozen lads from Afghanistan who were in this category. They had reached 18 and were telling me what they had done when they were on the verge of turning 18. One had built a noose above his bed in case Border Force came and wanted to deport him—he knew what he wanted to do then. A couple of the others had pushed their wardrobes against the doors of their bedrooms to try to stop or hinder anyone from coming and deporting them. These are people who have been here, people who do not know their original country, and yet we are going to force them from here.

Last year about 250 18 year-olds were deported. Half of them were taken forcibly—they were physically taken and deported. Gosh, what sort of reputation do we have if we do these sorts of things? My grandchildren are not quite 18. These people are us, they are human beings, and yet we are doing this to them. What makes it even more incredible to me is that of those who appeal, half of them win their appeals against the prospect of unfair deportation. I ask the Minister to look at this and give us an assurance in the Bill that nobody aged 18 will be treated in this way. I beg to move.

[The Lord Bishop of Norwich]

My Lords, Amendment 114 in this group is in my name. I am grateful for the support of other noble Lords. The amendment seeks to ensure that a best interests assessment is obtained for any child separated from its parents as a result of an immigration appeal. It is not so very long ago, I remember, that in the light of failures in child protection a policy initiative was given the title Every Child Matters. Every child does matter, without exception.

Under Clause 59, the Secretary of State will have the power to remove the ability of a person to remain in the UK when appealing against an immigration decision. This simply extends provisions already contained in the Immigration Act 2014 which apply only to foreign national offenders. However, no analysis on the impact of children being separated from their parents as a result of the Immigration Act 2014 has been undertaken. That is the first thing to stress, yet the new Bill extends these provisions to all appeals relating to immigration claims, including those involving accompanied and unaccompanied children.

Recent research by the Children’s Commissioner has shown the serious long-term impact on a child of separation from a parent: it can undermine their developmental, behavioural and emotional well-being. There is a significant delay, currently of up to a year, in immigration appeals being listed so this separation from family or home in the event of certification would have significant consequences for any child. A year may seem to pass quickly when you reach the seniority of many of us in your Lordships’ House but for a child aged six or seven, a year’s development is very significant. In Committee, the Minister expressed the hope that in future,

“appeal processes in simple cases will not exceed six months and even in complex cases will not exceed 12 months ”.—[Official Report, 3/2/16; col. 1813.]

But there is no guarantee that this will be the case and even 12 months can be too long for a child removed from parents or school, or for unaccompanied young people who find themselves, as they are likely to do, without a support network in their country of origin—where they may have no family left at all.

Government Amendment 145 draws attention to the duty of the Home Secretary under Section 55 of the Borders, Citizenship and Immigration Act 2009,

“to safeguard and promote the welfare of children”,

with respect to immigration, asylum and enforcement functions. However, the experience of organisations such as the Refugee Children’s Consortium is that children’s best interests are not systematically and comprehensively assessed within immigration decision-making. No one has ever relied on this duty of the Home Secretary in any case and there is no clear means of implementing it. It seems no more than a pious aspiration. I am in favour of pious aspirations and the more pious, the better, but they need some means of implementation and checking. There needs to be independent oversight of the duty on the Home Office to ensure that the best interests of any child are adequately considered before any decision is made to certify any claim for out-of-country appeals. That is what Amendment 114 offers so straightforwardly.

We need to see all this within the context of cuts to legal aid. The Government have removed all legal aid for immigration cases, undermining the ability of children and families to put forward the necessary evidence and legal arguments to have their cases fairly determined. What is the result? The Home Office will be making decisions on poorly-prepared cases with inadequate evidence because children and families will not have had the benefit of legal advice. It means that the ability to appeal against decisions by the Home Office has never been more important.

We saw a stark example of the current weaknesses of Home Office decision-making just last April. The Court of Appeal upheld the decision by the Upper Tribunal requiring the Home Office to return a five year-old child to the UK with his mother after failing to consider properly his best interests before they were removed to Nigeria. The woman, who was undocumented, had claimed to be in the UK since 1991. She applied for asylum in 2010, saying that she feared destitution and discrimination as a single mother in Nigeria with no immediate family. Her asylum claim had been repeatedly rejected. At one point, she was admitted to a psychiatric unit with depression. Her son was put into foster care as she battled against attempts to send them both back to Nigeria. The foster carers who looked after the boy remained close to him. When the mother and child were removed from the UK, those foster carers paid for their accommodation and healthcare in Nigeria from their own savings because they were so concerned about what happened to them both. The judge ruled:

“In not taking into account the implications of”,

the mother’s “mental health” for the child,

“and the risk of that degenerating in the Nigerian context and the likely consequences of removal, the Secretary of State failed to have regard to”,

the child’s,

“best interests as a primary consideration”.

--- Later in debate ---

[Baroness Lister of Burtersett]

My Lords, I thank the right reverend Prelate and the noble Lords who added their names to this amendment for their support. The noble Lord, Lord Alton, is not in his place because it is his birthday, and so I think he is allowed the evening off to celebrate with his family, much as we will miss him. I also want to express my support for Amendments 117 and 118.

The amendment concerns what is commonly known as the moving-on or grace period, during which an asylum seeker granted status continues to receive asylum support but after which it is expected that they will have sorted out mainstream financial support, employment and accommodation. The amendment would increase this period to 40 days.

I am grateful to the Minister and officials for the recent meeting that we had to discuss this matter and for the discussions that I believe officials have had both within government and with the British Red Cross, to which I am grateful for help with this amendment. As I explained in Committee, this is a problem that has for far too long created unnecessary hardship and heartache for those granted status. It is not the product of deliberate government policy, but a very unfortunate consequence of an inability of two government departments to sort it out. In Committee, I cited evidence presented recently to the Work and Pensions Select Committee, which called for an immediate joint investigation of the issue with the Home Office and recommended that the time allowed in the grace period be amended if necessary. I also cited a recent report from the British Red Cross and an earlier report from Freedom from Torture.

All the evidence shows, first, that asylum seekers are particularly vulnerable to destitution just at the point when they are granted refugee status or leave to remain, because it so often takes longer to move on than the allotted 28 days, after which asylum support is stopped, regardless of whether mainstream social security has started to be paid. Internal management statistics show that in 2015 the British Red Cross supported 9,138 primary service users and 4,130 dependants who were destitute. It questioned around 2,500 of them as to why they were destitute, and the largest group, a quarter, cited problems with moving on. This is a measure of the level of unnecessary destitution caused as a result of extremely vulnerable people being caught in a limbo between asylum support and mainstream support.

Secondly, it is clear from the evidence that it is not just the material impact but the psychological impact of destitution that should concern us, especially in the case of those who have suffered torture. They believe that they have reached the promised land of refugee status but instead are left without any support at a particularly vulnerable time—not grace but a form of purgatory. Just imagine how we would feel when the moment prayed for came about, but our life was actually made more difficult than it was already. Moreover, the Home Office itself has in the past emphasised the importance of the moving-on period for the longer-term integration of refugees yet, in trying to rush rather than move refugees on, the grace period serves to impede that integration.

In his response in Committee, the Minister referred to his letter of 21 January. However, that dealt with people without status, not those who had been granted it. He made the point, understandably—although I picked him up on it at the time—that it is not just a case of extending the time period but about making sure that people apply for those benefits promptly. He cited the BRC report which showed that only three—in fact, four—of the sample of 16 had applied within the first three weeks of being granted status. I accept that that is a legitimate point, and it is in no one’s interest, least of all that of the refugees, for a claim for benefits not to be made promptly. After all, asylum support is significantly lower than mainstream social security. However, we must not underestimate the difficulties for people new to the system if they do not have the support of an organisation or friends who understand it. As my noble friend Lord Judd, who is not in his place, pointed out in Committee, sometimes mental health problems or a state of confusion can make it an unrealistic proposition. The BRC study found that the majority of service users questioned in Birmingham did not even know that they had only 28 days to complete a benefits claim after getting status. Most people struggle to understand the paperwork that they are sent.

The BRC identified 23 factors at play affecting the speed with which a refugee is able to make the transition to mainstream support. In some cases, five to 10 of those factors could hold up progress. It is a process involving multiple stakeholders and documents—daunting at the best of times.

Even when a refugee makes an expeditious claim, there is no guarantee that they will receive a payment within 28 days. Indeed, it can often take considerably longer than that from the date of the claim, as the BRC study found and the DWP’s own research indicates. So while I agree that claiming in good time is part of the solution, it is not the whole of it. On the basis of the experience of refugee organisations, I suggest that a two-part solution is needed. First, there must be an improvement in procedures, including adequate advice and support to those granted status to ensure that they make a speedy claim. I would be grateful for an indication of what might have emerged from the discussions that officials have been having about how to improve those procedures. But that on its own is not sufficient, as can be seen, for example, from the experience of the deployment of a dedicated caseworker by the Holistic Integration Service in Scotland.

Secondly, this needs to be complemented by a legal right to continue receiving asylum support beyond the current 28 days. This amendment suggests 40 days, based on the experience of refugee organisations. Again understandably, in Committee the Minister expressed the fear that simply adding days might not be enough, and of course any time limit is to some extent arbitrary. But combined with improved procedures so that, to cite the Minister, people get the care they need when they need it and the system works effectively, the view on the ground is that this is a more realistic and appropriate time period. I chose a time limit because I assumed that it would be easier to administer than a case-by-case approach triggered by the receipt of mainstream social security, but I would not be averse to the latter if the Government preferred that, and it would of course be open to the Minister to bring forward an alternative amendment on those lines at Third Reading. One way or another, I believe that we have the opportunity finally to resolve this issue. It is an injustice born of oversight, not intent, but it is none the less cruel for that.

Just as I finished drafting what to say in the debate, I read ILPA’s briefing. It cites the case of EG, a little boy who starved to death during the moving-on period and whose mother died two days later. The serious case review identified the following national issue:

“Westminster Local Safeguarding Children Board should write to the National Asylum Support Service and the Department for Work and Pensions to express its concern about the adverse consequences on vulnerable children and the resulting additional pressure on local professional agencies which are triggered in the transitional period between the withdrawal of support by the National Asylum Support Agency and entitlement to benefits”.

That was dated April 2012; four years later, I am not sure that much has changed. Shockingly, according to Still Human Still Here, if anything, things have got worse. I apologise if that appears emotive, but I feel so strongly about this. It is not a party-political issue. None of the political parties would support a policy that deliberately created destitution during this period, yet none of them has done anything about it when in government. I appeal to the Minister to use the opportunity provided by this Bill to put right such an unnecessary wrong and ensure that the period after granting of refugee status can be a time of joy rather than one of destitution and psychological turmoil. I beg to move.

[The Lord Bishop of Norwich]

My Lords, I added my name to Amendment 116 largely as a result of past involvement with UN gateway resettlement programmes in Norwich for Congolese refugees. I discovered then how long it takes asylum seekers, once granted refugee status, to set themselves up so that they can live as citizens. The transition into work or even to mainstream benefits does not come at all quickly. Applying for national insurance numbers and biometric residence permits is slow going. Completing benefit application forms, and even getting hold of the right ones, is difficult because refugees are not always given the correct advice.

As the noble Baroness has just said, the possibility of getting what was most wanted—refugee status—and then finding that it is followed up by the removal of financial support and no accommodation is not so much an irony as a tragedy. We need a bigger window before asylum support is terminated. Starting the clock only when a biometric residence permit is obtained would inform the situation. I do not need to labour the point because it has already been very well put, but it is a terrible experience for refugees in a country to which they are immensely grateful to then experience the trauma of destitution when they have experienced so much trauma already. I warmly support this very straightforward amendment.

Immigration Bill

Lord Bishop of Norwich Excerpts

Wednesday 3rd February 2016 Lords Chamber

This cannot be right.

[The Lord Bishop of Norwich]

My Lords, I rise from these Benches to support Amendment 227 in the name of the noble Lord, Lord Rosser, and others.

The briefing note on Clause 34 to which the noble Baroness, Lady Lister, referred is a model of clarity. It was certainly very informative to me. It made clear, as the noble Baroness said, the statutory duty on the Secretary of State,

“to have regard to the need to safeguard and promote the welfare of any child in the UK who … may be affected by any immigration decision”—

that duty is not in doubt—and that,

“the best interests of the child are a primary consideration”.

While I understand that a primary consideration may not be the only one, I do not understand how a primary consideration can be set aside even if it is in some way qualified. If it is trumped by other factors, it does not seem to be a primary consideration. So there must be a risk that Clause 34 unamended could undermine the Secretary of State’s statutory duty.

I do not doubt the Minister’s and the Government’s best intentions here, but there is widespread concern among organisations such as the Children’s Society, as the noble Lord, Lord Alton, said, which deal with vulnerable children on a daily basis, not least about the Home Office’s capacity to cope with an unamended Clause 34. Without an adequate process to determine the child’s best interests,

“children could be returned to countries and circumstances where they may be at risk of serious harm including sexual abuse, neglect … violence, forced marriage”,

and so on. There is plenty of research to indicate the way in which separation from a parent when vulnerable causes long-term harm to a child’s developmental and emotional well-being. We should not be making such separations more commonplace.

The Home Office briefing argues that appeals from abroad have been effective and fair but, as we have heard, the cuts in legal aid for immigration cases are bound to undermine the capacity of families to put forward evidence, and the danger of not knowing the facts in an appeal must surely grow.

I have been talking generally about the impact of all this, but of course it will always be experienced in particular. An example given by the Children’s Society vividly illustrates the risks. A woman came to the UK 16 years ago to escape forced marriage. After an agent stole her documents, she lived under the radar and now has three children aged 11, seven and two. She received help from the Coram Children’s Legal Centre two years ago—pro bono—to make an application for leave to remain on Article 8 grounds. It was refused, largely because it was said that the family could return to the woman’s country of origin. She appealed and had to wait more than a year for the appeal to be heard, apparently because of a “shortage of judiciary”. The children speak only English; the older two are doing well at school and the eldest child, I understand, is now eligible to register as British.

Under the Bill’s provisions, this woman and her family could have been removed from the UK for more than a year while waiting for her appeal. The children would then have lived in a small African village with their estranged maternal grandmother, with whom they do not have a common language. Their schooling would have been interrupted, since there is no teaching in English locally. The youngest child would have been at risk of female genital mutilation in a place with limited health services. The removal of the eldest child from Britain, the only country he has ever known, would have made him ineligible to register as British since it would have happened just before his 10th birthday.

I want to believe that this family would have benefited from a Home Office caseworker’s laborious and careful sifting of all that evidence, resulting in a recommendation that the family should stay here. But how can this be guaranteed without some amendment of Clause 34? We need full and proper scrutiny before we deport such families or children. I hope that the Minister will offer us some comfort that these points have been heard.

[Baroness Hamwee (LD)]

My Lords, from these Benches we support Amendment 227 and the opposition to Clause 34 standing part of the Bill. I will not speak to Clause 35.

The right reverend Prelate has just mentioned legal work provided pro bono. I would like to take this opportunity of echoing a comment made by the noble Lord, Lord Faulks, from the Dispatch Box the other day when he repeated an Answer to a Question on legal aid. He said that there are a lot of legal firms which are not “ambulance chasers”. Those firms do terrific work in very difficult circumstances, and many of them are engaged in this sort of work.

The noble Baroness, Lady Lister, referred to comments on the last Bill from the Joint Committee on Human Rights. The committee, of which I am a member, has drawn the attention of the House again to particular difficulties which might be faced by appellants if a non-suspensive appeals regime is extended in circumstances in which judicial review is the only means of challenge. This could mean that families with meritorious Article 8 claims are subjected to extensive separation. I think that she also referred to the report of the Constitution Committee, which commented among other things—there were two or three pages on this—on the practical extent to which legal aid is perhaps not likely to be available in respect of judicial review challenges to certification decisions.

We use the term, “Deport first, appeal later”, but of course it is not quite that. It is “Be deported and appeal later”, or deport first and then be appealed against in a situation in which the appellant can apply only in a way that the Court of Appeal and the Solicitor-General have acknowledged is less advantageous—that is the term used in the court. The noble Lord, Lord Rosser, referred to this and it is certainly less advantageous for the appellant or potential appellant. There is difficulty in paying for legal representation and liaising from abroad with legal representatives—if you can find any who can help in the circumstances—difficulty in obtaining, submitting and giving evidence, and difficulty for the tribunal in assessing evidence.

The human rights memorandum published by the Home Office said that,

“there is no intention to apply this power to cases relying on Article 2 and 3 rights”,

and that,

“case law … makes plain that where there is an arguable Article 8 claim, there needs to be the effective possibility of challenging the removal decision”.

If Clause 34 has to remain, it would be good if it could somehow refer to what is in that ancillary documentation.

It struck me during discussions about this how difficult it is to certify a negative. It is almost as difficult as proving a positive. The Secretary of State has to certify a claim, as we have heard, if she considers, first, that removal is not unlawful and, secondly, that the appellant would not face a real risk of irreversible harm. I am sure that the Minister will, as the noble Lord said, refer to the recent Court of Appeal case which ruled that the regime was lawful. However, that was in the context of deportation, and the fact that it was lawful does not make it right.

There is no equality of arms and a perversity about this. As the Law Society has pointed out,

“the spouse of a national of any EEA”—

European Economic Area—

“member except the UK would retain a full in-country right of appeal … whereas the spouse of a UK national”—

not the spouse of any national of any other EEA member—

“would have to leave the country”.

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I hope that the Government will reflect further on the withdrawal of that support after 90 days and on the need and desirability for the proposed changes in support for refused asylum-seeking families with children. I hope that they will also reflect further on the issues of right to appeal which I have raised.

[The Lord Bishop of Norwich]

My Lords, I support Amendment 230 in this group. My colleague, the right reverend Prelate the Bishop of Southwark, spoke at Second Reading of his concern about the architecture of Clause 37 and Schedule 8. I share his belief that the reduced weekly support of £36.95 per person, to which the noble Lord, Lord Rosser, referred, for an asylum seeker under the current system is inadequate. Where that financial provision is refused, it is subject to a right of appeal. I note that in nearly two-thirds of such appeal cases, the appeal is successful or the refusal is withdrawn.

There seems to be an inexorable but ultimately self-defeating utilitarian logic in government policy in this area. The argument seems to be that when an asylum seeker’s application is refused and an appeal is unsuccessful, there is no further need for or right to any financial support. It seems to be assumed that this will be an incentive in itself to leave the United Kingdom. I fully understand the Government’s desire to maintain the integrity of immigration control by ensuring removal, whether voluntary or not, but I wonder how effective this policy will be.

As we have heard, the criteria under the new provisions for any financial support in such situations are destitution and genuine obstacles to leaving the UK, and there is then no right of appeal. What constitutes,

“a genuine obstacle to leaving the United Kingdom”,

is not defined, although it could appear in the Bill rather than be left to regulation. In another place, the Minister expressed hope that greater engagement with failed claimants would lead to many more voluntary departures. He said that under existing legislation such engagement led to 377 people leaving between April and October last year.

The Refugee Council notes that this engagement often went on over months and involved many meetings with families and case conferences. Such experience suggests that a significant period of grace, with some financial support, in such cases is both necessary and constructive. I may have misunderstood but the Bill’s existing provision seems inimical to developing this practice and may well undermine its very aim. Scrutiny of the existing system—one which, after all, involves rather modest financial maintenance—shows that on appeal there are a significant number of corrected decisions. That is why, if the provisions of Clause 37 and Schedule 8 are conceded, they ought to be subject to appeal. I hope the Minister may be sympathetic.

[Baroness Hamwee]

My Lords, my noble friend Lord Paddick and I have added our names to the objections to Clause 37 and Schedule 8 standing part, and we have a number of specific amendments in this group.

I will deal with what I have noted as minor amendments —although one of them is not that minor—before coming to the more general point. My Amendment 229ZD deals with “further qualifying submissions”. The provision requires them to fall to be considered by the Secretary of State under the Immigration Rules, which I saw, when I was looking for various things on the GOV.UK website, are described as legislation. But, as noble Lords will be very well aware, they are not subject to parliamentary scrutiny. The purpose of the amendment is to ask about the process for scrutiny, if any, of current and future amended rules and the application of these to the schedule.

The provision that is the subject of my probing Amendment 229ZE merely changes “claim for asylum” to “protection claim”. My amendment would omit “as may be prescribed”, which applied to the claim for asylum under the previous legislation. I found that slightly odd in the context, but I wonder whether there has been any experience of a prescription claim under the legislation. Perhaps the Minister can flesh that out a bit.

The last of these three specific amendments, Amendment 230ZB, is much more material. Schedule 8 provides for support not to be in the form of cash. The experience of the Azure card is not a happy one. I can just about see that vouchers for certain services might be defensible. Vouchers for goods require the recipient, in effect, to shop in places which are not convenient, do not provide what may be sought within a particular culture and are not the cheapest. In particular, they cannot be used in a market. They may mean travelling to a place where vouchers can be used but vouchers are not available for travel. Getting to essential appointments, such as medical and legal appointments, becomes a huge problem. Children are affected not only through hunger but because the card does not cover things such as school trips or, as I say, travel fares. We have had evidence that the payment system affects people’s mental health—I am sure that this is not news at all to the Minister. It affects their ability to maintain relationships and to participate in social, cultural and religious life. Not every cashier in shops where the card can be used is properly trained, so embarrassment can be caused. The card can generally be a source of stigma because it singles out the recipients.

On Clause 37 and Schedule 8, reference has been made to the current Section 95 regulations. When I was preparing for my Motion to Annul those regulations in October, I was shocked to read how minimal was the provision for essential living needs. One of my noble friends commented to me afterwards that it was obvious from the expressions on several faces opposite, where a number of the Minister’s colleagues were sitting, that they were shocked by what they had heard. The Official Report does not record facial expressions but on that occasion I felt, as I have sometimes felt on others, that the Minister may not be a particularly good poker player.

I was very critical on that occasion of the methodology used to assess essential living needs, which in the case of a child could hardly be called an assessment. It does not include nappies, formula milk and other items specifically for babies. There was a very blunt tool for applying the approach of economies of scale. By just using that rough and ready term, without any disaggregation or analysis, the adult rate was applied. Of course I did not win when I then put the matter to the vote—the regulations have been in force since August—but one outcome was some discussion both privately with the Minister and during the debate about consultation with the NGOs and others who work in the field on periodic reviews of the support rates. The Minister said:

“We would certainly welcome evidence and data”.—[Official Report, 27/10/15; col. 1160.]

That is not of course in the context of the new Section 95A, but it is relevant, and I hope that the Minister can give the Committee an assurance about the process of arriving at the rates.

--- Later in debate ---

[Lord Judd]

My Lords, having heard my noble friend and others, it is clear how important these amendments are, and I am sure that the Minister will take them seriously. I will make just one point. Those who are behind these amendments are probably the people in the House who are the most experienced in depth about the issues with children that we are discussing. Their commitment to effective work with children cannot be doubted. It would therefore be outrageous if the Committee did not take seriously what they feel is important to put forward as amendments.

The one thought that strikes me is our failure to think ahead, to think in a wider context and to make connections. We agonise about the rising evidence of mental illness. We agonise about delinquency, extremism and terrorism. What are we doing with this younger generation? Are we actually trying to generate mental illness? Are we trying to generate recruits for extremists or, at a lesser level, gangs? Do we really want to build healthy citizens? These children are going to go somewhere, and they are either going to be positive, creative citizens or they are going to be deeply damaged youngsters with all kinds of negative consequences. We really need to bring our thinking together on social policy, health policy and all the policies necessary for a stable society and, indeed, for protection against extremism. These amendments are highly relevant to the imperative of that wider thinking.

[The Lord Bishop of Norwich]

My Lords, I do not want to detain the Committee because we have heard the significance of these amendments, to some of which I have added my name. I want to follow what the noble Lord, Lord Judd, has just said because we all know that the consequence of not providing for these young people when they leave the care system is serious because they are going to remain in this country.

Given that these young people are likely to remain here and to go under the radar, I simply ask the Minister to comment on the figures in relation to removal directions served on former unaccompanied young people in 2014. As I understand it, 245 removal directions were served on former asylum-seeking unaccompanied young people, but only 15—less than half of 1%—were forcibly removed. What I cannot see is how any of the proposed legislation is going to do anything other than make that situation worse and make those young people more destitute. The Children’s Society has plenty of evidence of those young people ending up sleeping on buses and selling the currency of their bodies to have somewhere to stay. I cannot think that that is the sort of response that we in this House want or the sort of society we want to create.

I will not go through the list of cases that the Children’s Society has given me of people who have now reached the age of majority and are receiving some support in education and training, putting themselves in a position where they can make a contribution to our society. But if we implement a system whereby they do not get support after the age of 18, as others do, we are storing up enormous trouble for ourselves and huge financial as well as emotional costs.

[Lord Kennedy of Southwark (Lab)]

My Lords, the amendments in this group concern Clause 38 and Schedule 9. I declare an interest as an elected councillor in the London Borough of Lewisham.

As we have heard, many noble Lords have concerns about this part of the Bill, particularly the effect it may have on children who do not understand their immigration status and who, on reaching the age of 18, can find themselves in considerable difficulties. As we have heard, Schedule 9 aims to remove most local authority obligations under the Children Act to care leavers with unresolved immigration status.

We have to be clear that in these circumstances we are dealing with very young people—young adults but also very vulnerable people—and before approving these provisions we need to be satisfied that proper arrangements are in place to look out for these young people, who, as the noble Lord, Lord Alton, and other noble Lords have said, are at risk of serious abuse and other terrible things. They will lose their entitlement to support from the local authority where they have lived for many years and will not be allowed to remain with their foster parents. This is a particularly tough decision, along with the young adult not being able to benefit, on leaving care, from the services of a personal adviser to provide advice and support in place of a parent.

The Bill is flawed because it assumes that everything is okay, everything has been done properly and there is nothing to worry about—“Just use those criteria to assess them”. But it must be understood that these people will have come here as young children, they can be traumatised and have no understanding of why they are here and why they are on their own. They may have witnessed terrible things that no person, let alone a child, should witness. Is it really correct that we just assume that everything has been done properly when the reality may be very different? The best the young person could hope for would be being placed in Home Office accommodation, potentially far away from their foster family and the area they have grown up in and have come to understand. It can be far away from their existing support networks and their legal representatives. They will have to establish that they are destitute and have been refused asylum and that there is a “genuine obstacle” to leaving the UK.

Amendment 230D, moved by the noble Lord, Lord Alton of Liverpool, seeks to deal with the problem where the young person, on reaching 18, has not had the correct advice and could have been entitled to register as a British citizen or otherwise, and it makes provision for the schedule to have no effect in these cases. It is an excellent amendment, which I hope the Minister will accept or at least reflect on before we come back to this issue on Report. It will be important for the Minister to set out carefully what safeguards are in place to ensure that injustices are prevented from happening and are not built into the provisions in Schedule 9. I endorse all the questions asked of the Minister by noble Lords in the debate.

Amendments 235 and 236, in my name and that of my noble friend Lord Rosser, seek to maximise parliamentary scrutiny and ensure that Parliament has the opportunity to debate and approve by resolution the regulations before they come into force. These regulations have such far-reaching consequences that it is right that this level of scrutiny takes place, and I think there are some government amendments on the Marshalled List which have a similar effect.

Other probing amendments in this group, in the names of the noble Earl, Lord Listowel, the noble Baroness, Lady Hamwee, the right reverend Prelate the Bishop of Norwich and other noble Lords, seek to improve the provisions and increase the protections available to care leavers. They all have the support of these Benches and it will be interesting to hear the Minister’s response to the issues they raise. There are a number of government amendments, which I am sure the Minister will explain in detail shortly. I may have some further questions after hearing his explanation.

Immigration Bill

Lord Bishop of Norwich Excerpts

Wednesday 3rd February 2016 Lords Chamber

[Baroness Kennedy of The Shaws (Lab)]

I support the noble Lord, Lord Hylton, in this amendment. I reiterate what he said: that this is a narrowly drawn amendment. It was drafted by the British Red Cross but is supported by a number of NGOs, including the Immigration Law Practitioners’ Association. It is closely defined in that it expands the categories of family members eligible for family reunion. It can only be, as the noble Lord has said, those who are coming here to seek respite from war, genocide or ethnic cleansing. They would have to be joining a family member who is already here, having been given refugee or humanitarian protection status. The two caveats are, first, that they would not be able to have recourse to public funds—they would be sponsored—and, secondly, that they would be registered with the Office of the United Nations High Commissioner for Refugees or a similarly recognised authority.

We make this argument to the Committee, and to the Government, on the basis that the people involved have close connection already with a family member in Britain. They are at the most extreme end of those who seek support and assistance—who seek a haven from persecution. This draws on the great tradition that we have in this country of offering asylum—genuine asylum—to those in desperate need.

I remind the Committee of what happened in the late 1930s. Although I am a Scot of Catholic background, I am married to a man who, on the one hand, is the son of a Presbyterian Scot but whose mother was a refugee from Austria. She came to this country in 1939, as a doctor from Vienna, and she and her sister managed to get out. Because of Quakers in this country, they were looked after or sponsored on their arrival into this country. They were able to bring their mother from Austria by sponsoring her. We still have among family papers her passport, which bears the stamp “J” for Jew. She came to this country precisely in the way that we are advocating that people should be able to come now—people who are fleeing persecution and are able to say, “Let us have a close family member come and join us”. I know that other Members of the Committee will join me in urging the Government to keep that great tradition alive by allowing for this amendment. It is precisely of the same order.

I add a coda. The two daughters went on to become practitioners—doctors—who brought great credit to the way in which they were able to join this community. They always felt an enormous indebtedness to the generosity of the people of this country. I urge the Committee, and the Government, to accept the amendment.

[The Lord Bishop of Norwich]

My Lords, the right reverend Prelate the Bishop of Southwark, who has added his name to Amendment 234, cannot be in his place, but I am glad to speak on my own behalf and, I hope, for him, too, since we are of one mind on this matter.

One of the great privileges of being a bishop in the Church of England is found in the many connections we have with Anglican dioceses overseas. The diocese of Southwark has very long-standing links with Zimbabwe, while my own has an association with Papua New Guinea that has gone on for 60 years. I was last there in August and September, visiting the remoter parts of the western highlands, which was a challenge. The welcome is amazing and humbling, but what one learns is about the huge significance of family and kinship roots in such societies. They make all the difference for individuals between flourishing and destitution. They provide the practical and emotional bonds through which people make sense of life. They are the source of social and financial security, elder care, childcare and so on.

I reflected while I was there on the atomistic character of many British social and family relationships, which seem very limited and limiting by contrast, and certainly unthinkable to them. Consequently, when states fail and insecurity becomes unbearable, as we have already heard, families do shift, but they do not fracture even if the world around them does; mutual obligations hold. When one flees terror and ruin, there can be no better way to do it than with those with whom there exist bonds of affection and mutual obligation. It may seem to us to be an organisational and financial necessity to break up family units or kinship groups, but to those within them in such situations, it seems like madness.

I appreciate that rules already exist to provide for a degree of family reunion, but the sentiment behind the amendment is that they are too restrictive. What sort of family life do we believe in if a minor is admitted to the UK and granted asylum status but there is no basis in the Immigration Rules for parents or siblings to join him or her—or, in reverse, if a Syrian father is granted asylum but not his 19 year-old daughter left in a refugee camp? I realise that the Minister may argue that such cases can be considered outwith the Immigration Rules, but the number of these visas is dropping rapidly, down to just 11 in 2014, which suggests that this is a route that is now very little trodden indeed. I would be grateful for the Minister’s reflection on that tiny number in this context.

The problems and issues underlying our net migration figures do not subsist in family reunion, nor are they caused by them, and hence I hope that the Minister will respond favourably to Amendment 234.

[Baroness Lister of Burtersett (Lab)]

My Lords, I shall speak to Amendment 231, to which I have added my name, but I would be more than happy if Amendment 234 were to be accepted because I acknowledge that we need to act as quickly as possible to enable family reunion. My noble friend Lady Kennedy of The Shaws talked about the experience of her husband’s family in the 1930s. It was very similar in my own family. My father came as a young man to this country from Nazi Germany in the early 1930s and his parents, my grandparents, were allowed to join him in the late 1930s having escaped to Palestine and then coming to this country, so the question of family reunion has great personal significance for me.

ILPA has provided us with extracts from parliamentary debates in the 1930s and 1940s, and I was particularly struck by a speech by the then Earl of Listowel, who said in 1939:

“There is a common assumption underlying this debate … that these refugees are a common responsibility of every civilised nation, and that each country has to play its part, according to its economic resources and according to its opportunities for offering temporary asylum or permanent refuge, in providing the means of life for these helpless and persecuted people. The question surely that is before our minds first and foremost this afternoon”—

they probably did not go quite as late in those days—

“and is naturally one that confronts every member of the British Legislature is: Is this country really making its rightful contribution?”.—[Official Report, 5/7/1939; col. 1026.]

The answer today has to be no. We are not playing our part according to our economic resources when compared with poorer countries in the region on the one hand and richer countries such as Canada and Germany on the other.

While I very much welcome recent government concessions, I fear that they do not go nearly far enough. This is the message of, for example, a statement made by more than 300 eminent lawyers last autumn who, among other things, called for the establishment of safe and legal routes to the UK from both within and outside Europe. One element of that, they argued, would be humane family reunion policies such as allowing child refugees in the UK to be joined by adult family members. This would help avoid the tragedies that continue to occur in the Mediterranean where already this year 149 people have died trying to cross, according to Save the Children. Just this week over 120 leading economists have sent a similar message in an open letter to the Prime Minister.

The British Red Cross writes of heart-breaking cases it encounters of separated families not covered by the existing rules, such as the two Syrian brothers who wanted to be reunited with their mother stuck in a camp in Iraq, having been recently imprisoned in Syria. She was alone with no family and in a second country but did not qualify for family reunion. I know that the Government’s argument is that if refugee children were entitled to bring their parents into the country, it would act as an incentive to send children on ahead to secure leave. But as ILPA points out, these children are given leave to remain not because they are children but because they are recognised to have a claim as refugees. While parents understandably prioritise getting their children to safety, surely it is cynical to believe that they would deliberately put their children in the hands of smugglers to make such a dangerous journey alone as a ploy to get entry themselves. As Save the Children put it, we are talking about:

“A terrifying push, not an enticing pull”.

It reminds us of children’s rights under the UNCRC to remain with or be reunited with their family.

The Government claim to be the party of the family. In the guidance on the family test, the list of,

“relationships at the heart of family life”,

as it puts it, includes a wide range of family relationships, including extended families. Yet the Government take the most narrow and exclusionary approach to family relationships when it comes to the reunion of a particularly vulnerable group of families. I believe that if the Government were to accept one or other of these amendments, or bring forward their own amendment on Report, this would be widely welcomed.

Counterterrorism Policy: Syria and Iraq

Lord Bishop of Norwich Excerpts

Monday 2nd March 2015 Lords Chamber

[Lord Bates]

Prevent is subject to the Prevent co-ordinators in local areas. The regional higher education Prevent co-ordinators are run out of BIS. They are in charge of overseeing the quality when it comes to universities. There is talk in the consultation document of a possible role for an outside body to inspect their effectiveness, such as the Higher Education Funding Council, but at the moment it rests with those organisations in the 30 key priority areas for Prevent.

[The Lord Bishop of Norwich]

My Lords, while I am entirely sympathetic to the Government’s intentions, does the Minister recognise that some individuals may wish to go to Iraq and Syria to oppose rather than support Islamic State? I am sure your Lordships will be aware of last week’s tragic and comprehensive destruction of the museum in Mosul. That cultural vandalism was accompanied by the abduction of 220 Assyrian Christians, with the intention of obliterating Christianity and the memory of it. It is already reported that some people have travelled to the conflict zone to defend Christians. What is the Minister’s advice for those living in the United Kingdom with family in the area who may be tempted to travel to fight for their protection?

[Lord Bates]

The right reverend Prelate raises a very serious and sensitive point. I would say very carefully that whatever your perspective on the crisis in Syria, our recommendation is that you do not travel. There are other international agencies which are doing incredible work in trying to bring peace and protect individuals and particular groups in that area. We should give them our full support without adding further to the difficulties by introducing independent people into that very complex and dangerous theatre of terrorism.

Universities: Overseas Students

Lord Bishop of Norwich Excerpts

Monday 5th November 2012 Lords Chamber

[Lord Taylor of Holbeach]

I thank my noble friend for raising this issue because, as she will know, the number of students from China is increasing. Indeed, the number of students from some parts of south-east Asia is increasing enormously: there is a 26% increase in students from Hong Kong and a 10% increase in students from Singapore. I do not believe that a policy which seeks to control this area of immigration in a proper and manageable fashion is in conflict with an education policy which is designed to give an opportunity for our excellent university education to be shared with students from around the world.

[The Lord Bishop of Norwich]

My Lords, at the University of East Anglia in Norwich we are seeing a very marked downturn in applications from postgraduate science students from India. This is consistent with evidence from 2010-11 that, when one lifts China out of the figures, there has been a rapid reversal in Britain’s relative attractiveness to overseas students. If the Government are not going to lift students out of the net migration figures, how do they propose to respond to these facts?

[Lord Taylor of Holbeach]

I am not sure that the right reverend Prelate is correct in his assumptions. I know that the numbers from the Indian subcontinent are indeed down, but graduate-level jobs are available, and students are able to go on to postgraduate studies. We welcome that. I am therefore not sure that the right reverend Prelate’s reading of this is correct.

Immigration: Students

Lord Bishop of Norwich Excerpts

Tuesday 15th November 2011 Lords Chamber

[Lord Henley]

My Lords, we want to make sure that we continue to have high-quality students coming to the UK, and that is why I am very grateful for the support of Universities UK for the reforms that we are proposing. What we do not want are bogus students coming over for what might be called rather dubious or possibly non-existent institutions. As I have made clear, what we have done certainly has the support of Universities UK and will benefit universities in the UK, although it might not benefit what I would describe as the somewhat dubious institutions that have been acting in this field. We want to clamp down on the abuses of the immigration system that have crept in here.

[The Lord Bishop of Norwich]

My Lords, theological and bible colleges are generally small institutions but highly cross-cultural in character because of their international students. The chances of these international students abusing their immigration status seems tiny, yet these institutions have to go through the same procedures as large universities at a very high and unsustainable per capita cost. Can the Minister suggest how we might have a size-sensitive system which prevents these institutions operating with no international students at all?

[Lord Henley]

My Lords, I would hope, as I think would the whole House, that most theological colleges are reputable institutions. However, if some of them are facing problems because of their size, I will take away the right reverend Prelate’s point and have a look at it. As I said, we want to make sure that we get the right students into the right institutions but get rid of the abuse that has crept into the system.