Migration: Middle East and North Africa

Lord Bishop of Southwark Excerpts

Thursday 12th May 2016 Lords Chamber

[Lord Keen of Elie]

The Government have been excellent at dealing with the question of unaccompanied children applying for asylum. Let me put it in context for a moment. In 2015, there were just over 3,000 applications from unaccompanied asylum-seeking children. More than 35% of the applications came from Albanians and Afghans; about 6% came from Syrians.

[The Lord Bishop of Southwark]

My Lords, what possibilities does Her Majesty’s Government see for effective governance in Libya and for the much-needed increase in giving by our international partners to maintain the displaced populations of Iraq and Syria, which will impact on the movement of people and, most importantly, make a positive contribution to their lives?

[Lord Keen of Elie]

There have been indications of improvement in the governance of Libya, but it remains a difficult and problematic area—of that there can be no question. However, this Government are dedicated to addressing these problems at source. That is where the solution will be found.

Immigration Bill

Lord Bishop of Southwark Excerpts

Monday 1st February 2016 Lords Chamber

[Baroness Afshar (CB)]

I support the amendments to Clause 17, not least because alienating youths born and bred in this country results in their choosing to leave it to fight with groups that accept them, be it in terms of their creed or their colour. The measure will create active enemies of this country. It is unwise to do that to young people raised in this country with hope who then find themselves treated as terrorist suspects.

[The Lord Bishop of Southwark]

My Lords, I share some of the concerns of the noble Baroness, Lady Lawrence, who sketched out the problems with enacting this clause. As the Government rightly tell us, reasonable suspicion is a well-established precept in English law and policing practice. However, this does not mean that it is infinitely elastic in its application. A prior question needs to be asked when legislating: is it applicable in this circumstance, and with what effect?

This House is entitled to ask the Minister to consider that there will be circumstances where to exercise such judgment will involve the very real danger of identifying individuals who have leave to remain or who are not even subject to immigration control. Surely that would be an intolerable imposition. We know all too well that our fellow citizens do not take to being stopped for unfounded reasons.

Thus I return to the question I asked at Second Reading, which was not to query the idea of reasonable suspicion in all its existing applications but simply to ask what will constitute reasonable suspicion in these circumstances. A concrete example from the Minister would help.

The peril of such a path is made all the more obvious by the knowledge that alternative powers already exist, without this sort of provision. I trust that the Government will listen to the concerns expressed in this House about this clause and remove it from the Bill.

Immigration Bill

Lord Bishop of Southwark Excerpts

Wednesday 20th January 2016 Lords Chamber

[The Lord Bishop of Southwark]

My Lords, Amendment 134, which I wish to support, is simple, just and proportionate in its aims. I accept that Home Office officials must, in the discharge of their duties in this area, deal with barriers of language, emotional distress, the fear of authority, the complexity of people’s lives and, on occasion, deceit. All this takes time. However, it is far from unknown for applicants for asylum to wait months or even years for a substantive decision in their case. This subjects them to a fearful limbo, with limited means of support and the background anxiety of not knowing for a very prolonged period what the outcome will be. Furthermore, we know from the experience of our own citizens the deleterious effects of prolonged inactivity on their emotional and physical well-being, and how this can erode an individual’s skill base.

The European Union’s reception conditions directive, which came into force last July, recognises this and requires of all EU countries—except Ireland, Denmark and the UK, as the noble Lord, Lord Alton, was saying—that asylum seekers waiting nine months for a decision may work. Germany has responded, interestingly, by legislating for a three-month threshold.

It is the policy of the Church of England, by resolution at its General Synod in February 2009, that all asylum seekers should be granted permission to seek employment. If the Government brought forward their own amendment with a threshold of nine months rather than six, as here, I could accept that. What is manifestly unfair is excluding such individuals from the world of work for an indefinite period, as at present. This amendment, with its threshold of six months, is not an invitation for migrants to enter the UK job market by an easy route. It could not be, with that sort of threshold. It is a measured and fair response to a manifestly unfair and damaging exclusion. I support the amendment in the name of the noble Lord, Lord Kennedy of Southwark, and others.

[Baroness Lister of Burtersett (Lab)]

My Lords, I am pleased to be able to speak in support of the amendment tabled by my noble friends on the Front Bench. Indeed, I, too, am delighted that this is now my party’s official policy.

The right to work—or, perhaps more accurately, the right to be allowed to undertake paid work—is a human right enshrined in the Universal Declaration of Human Rights and incorporated into human rights law as part of the International Covenant on Economic, Social and Cultural Rights, which recognises,

“the right of everyone to the opportunity to gain his living by work”.

After the Second World War, TH Marshall wrote that in the economic field, the basic civil right is the right to work. More recently, in 2007—long before I came to this place—the Joint Committee on Human Rights described the denial of the right to work as part of a deliberate policy of destitution, in breach of asylum seekers’ human rights.

The all-party parliamentary inquiry into asylum support, mentioned by the noble Lord, Lord Alton—of which I was a member—talked about how asylum seekers who are not able to undertake paid work lose skills and are unable to provide a role model for their children, and about the impact on their self-esteem, self-confidence and mental health. All this has a damaging effect on their children. A Freedom from Torture report on poverty among torture survivors states:

“Many questionnaire respondents, and most participants in client focus groups, highlighted the importance to them of having permission to work while their asylum claim is decided as a means of supporting themselves and being self-reliant. Indeed, the lack of permission to work for asylum seekers was a major theme of discussion and the key change that focus group respondents called for, although they also recognised that many torture survivors”,

may not be “well enough to work”.

A letter to the Independent at the end of last year asked why asylum seekers are not allowed to work in the UK. It pointed out:

“We have skills to contribute: some of us are doctors, nurses, carers, teachers, builders. But these skills are wasted and deteriorate while we wait for a decision on our asylum applications. We want to contribute to the UK economy and to be part of this society”.

Much of government social policy, whichever party is in power, is premised on the principle that paid work is the primary responsibility and the most important contribution that people make to society, summed up in the rather tired mantra of “hard-working families”. Why should asylum seekers be denied the opportunity for a whole year of joining the happy ranks of hard-working families in the labour market—and even then joining only on very restrictive terms? The evidence shows that this impedes integration. The Home Office’s own research shows that delayed entry into the labour market can cause problems even when refugee status is then granted, leading to high levels of unemployment and underemployment.

We have already heard about what happens in other European countries. My understanding is that most of these countries have fewer applications for asylum than are received in the UK, which does not support the argument that providing the right to work acts as a pull factor. The lack of impact on the number of applicants is confirmed by a study of OECD countries. Indeed, after our last debate on the issue, the then Minister acknowledged the paucity of hard evidence to support the Government’s case. Moreover, as Still Human Still Here argues, it is not very likely that economic migrants would draw themselves to the attention of the authorities by making an asylum claim, so that they might be able to apply for permission to work in a whole six months’ time.

The danger is that asylum seekers will end up in the shadow labour market, facing the kind of exploitation we discussed earlier in the context of undocumented migrants. Indeed, can the Minister say whether, if they do take paid work, they could be caught by Clause 8 —criminalised for working illegally even though they are legally in the UK awaiting a decision on their asylum claim?

I fear that Governments are often timid with regard to the rights of asylum seekers, for fear of public opinion. However, surveys by the IPPR, and the British Social Attitudes survey, show that there is public support for allowing asylum seekers the right to work. The Joseph Rowntree Charitable Trust, in an inquiry into destitution among asylum seekers a few years ago, said:

“Overwhelmingly, giving asylum seekers the right to work was the favoured solution identified”,

by those who gave evidence.

As has been said, we have debated this issue a number of times in your Lordships’ House, even in just the five years that I have been here. Since the previous time we debated it, the financial position of asylum-seeking families has worsened because of the savage cut in asylum support for children. So the cost to them of not being able to undertake paid work is all the greater now, with damaging implications for their mental and physical health and that of their families. I urge the Minister to take this amendment away and think about whether the time has not now come to concede this most basic of human rights.

Immigration Bill

Lord Bishop of Southwark Excerpts

Tuesday 22nd December 2015 Lords Chamber

[The Lord Bishop of Southwark]

My Lords, the Bill is the latest in a list of substantive immigration legislation that this House has considered in recent years. Since the Nationality, Immigration and Asylum Act 2002 we have had five further pieces of primary legislation in this area, yet Her Majesty’s Government have published no White Paper on immigration since 2002—no considered, detailed overview and proposals through which we might consider all aspects relating to immigration before embarking on major legislation. The Explanatory Notes are helpful but they are no substitute for a White Paper.

I hope that the Bill, which has now been considered in another place, will not be subject to government amendments in this House save in those areas where Ministers are responding to concerns or amendments of your Lordships. We merit having the whole of the Government’s intended Bill before us now and I hope the Minister will give us that assurance.

Time forbids that I should discourse widely on immigration control. It is a proper function of the state but I fear that, as there is much over which we operate limited control, we find ourselves applying extraordinary effort to exclude support and consideration to persons over whom we have relative discretion. Yet the measures before us have not been quantified as getting us back to the Government’s ambition of net migration in the tens of thousands. Why, then, are they so urgent and so necessary?

The extension of immigration officers’ powers should not be in lieu of addressing declining numbers of police officers. It is true that they have powers already under the 1971 Act and that the power to seize property connected to offences unrelated to immigration when on immigration duties will be considered by many to be sensible. Whether immigration officers are selected and trained for such a purpose is quite another matter. Discussing this extension of the role of the immigration officer in criminal justice is precisely an area for which a White Paper is necessary.

The provision in Clause 17 to search an individual if the immigration officer has reasonable grounds to suspect they are in the UK unlawfully and do not have a driving licence is concerning. What could possibly constitute “reasonable grounds” for suspicion? A means of tracking irregular migrant activity is through the ways in which individuals engage in the regulated business of life—bank accounts, utility bills, rental agreements. To exclude the possibility of these may be counterproductive. It would be useful to hear from the Minister how successful such measures are in other countries.

Clauses 37 and 38 will reduce the meagre support available to those whose asylum claims have been refused. In July, the Government tabled regulations to cut support to asylum seekers by nearly a third to £36.95 a week. Before enacting these provisions we should reflect that, according to the latest statistics, under the current system, which is subject to appeal, 65% of cases are withdrawn by the Home Office or found against the department. Should we remove a right of appeal in such circumstances?

Clause 59, on regulations for the charging of civil registration fees, adding as it will to living expense, particularly for those on modest incomes, will have consequences. Will the Government consider a consolidated measure of relevant legislation following the passage of the Bill?

This is perhaps the point at which to add a personal reflection. At the end of October I visited the migrant camp at Calais. Not once were we asked for money. Frequently we were greeted. I saw the dignity and devotion of the makeshift St. Michael’s Church, I heard the terrible stories of many of those with whom I spoke and I witnessed the energy of those who had fled there. These were people of courage and vigour, and often victims of harm. I trust that the Government will act to address these and other concerns of noble Lords.

Syrian Refugees

Lord Bishop of Southwark Excerpts

Monday 9th November 2015 Lords Chamber

[Lord Bates]

Specifically on the last point of the local authorities, Richard Harrington, a Member in the other place, is the Minister with responsibility for the Syrian refugees who are coming to this country, and he is working very closely with the local authorities and devolved Administrations on this important issue. The Prime Minister has repeated his claim that he wants to see 1,000 here by Christmas, and the Home Office and all other groups are working to ensure that that happens. A key part of this is that the resettlement scheme comes through the UNHCR, and we want the UNHCR to identify the people who are most vulnerable to ensure that those who are most at risk get the protection that we want to give them.

[The Lord Bishop of Southwark]

My Lords, how close are Her Majesty’s Government to announcing the details of a third route in addition to the two mentioned in the noble Lord’s Question—namely, the introduction of a private sponsorship scheme, in which many faith and community groups have expressed strong interest? This would enable faith communities to work in partnership with the Government and reflects a desire to do this, as expressed by the Bishops in their recent letter to the Prime Minister.

[Lord Bates]

That is under active consideration at the moment. Of course, many of the people on whom we are focusing at present are the most vulnerable and in need, particularly of medical care and what have you, so they may not be appropriate for the type of generous offer that has been made. But we have talked about creating a register for charities, churches and faith groups to get involved; there is also a page on the government website that tells people how they can get involved. Once the immediate urgency is over and the first group is brought to the UK safely, we will very much want to take up those offers of great generosity by others.