Calais: Refugee Camp

Lord Dubs Excerpts

Thursday 15th September 2016 Lords Chamber

Asked by

[Lord Dubs]

To ask Her Majesty’s Government what assessment they have made of the impact of the decision by the Government of France to dismantle the refugee camp in Calais on children living in the camp.

[Lord Dubs (Lab)]

My Lords, I am pleased to have secured this short debate. Anybody who has been to the Jungle in Calais will have been shocked by the squalid conditions there. We see those conditions on television and in our newspapers but there is nothing as awful as being there and seeing them first-hand. Our special concern is of course with the children there. I am also obviously concerned about unaccompanied child refugees in Greece and Italy.

There are two categories of children here. Let me explain this because there is some confusion. There are what are colloquially called Dublin III children: those who have arrived in Europe unaccompanied but who have relatives in this country. Clearly, if they have relatives in other countries then the responsibility would be to ensure that they join those relatives elsewhere. The Dublin III children have relatives in this country. Indeed, their right to come here was always there, long before we had the debates on the Immigration Act.

Secondly, there are children specifically covered by the amendment to the Immigration Act that I moved. They are unaccompanied child refugees who arrived in Europe before 20 March—that is the Government’s wish—and who are now in Greece, Italy or Calais. They are different from those under Dublin III although there is some tendency to confuse the two. I appreciate that the wording of the amendment did not necessarily distinguish between them but one cannot always reword an amendment that has got through after many hours of debate from lots of people.

Who has come to this country so far? From Calais, only Dublin III children have done so. The main ones who have come have been identified by British NGOs, in particular Citizens UK. As I understand it, they were not identified by either French or British officials, or by the French NGO France terre d’asile . As far as I know, even to date, no children have come from any of the locations—but certainly not from Calais—covered specifically by the Immigration Act. Maybe there are some in the pipeline but my understanding is that not a single one has come so far. As I said, Citizens UK identified those under Dublin III of whom there are 100 or so, the larger number having come from Calais. It was the British NGO that identified them. I pay tribute to the NGOs who work there. There are some wonderful NGOs with people working there for nothing—no pay at all—to give support to very vulnerable people, including children.

I am also aware that local people in Calais are very unhappy at the existence of the Jungle. Who would not be? Some 9,000 people live there with not much hope, desperate to move forward in their lives. They sometimes use illegal techniques to stop the traffic so that they can get on the back of a lorry. This is pretty tough for the HGV drivers—British and others—trying to get their vehicles across. It is a very unhappy situation and only a week ago there was a demo in Calais protesting about the existence of the camp. Nobody is happy about the camp. The question is how we move on.

On my second visit to Calais, I had a chance to talk to the Prefect. As I learned, the Prefect is a government official and his main concern is his links to the Minister of the Interior in Paris, unlike the Mayor of Calais who of course has a locally elected constituency. I did not meet the Mayor of Calais, although other people who went to the Jungle have. The Prefect said to me that there was no procedure in place to begin the process of identifying the Immigration Act children, which explains why none of them has come here. My information may not be accurate but that is what he said and he speaks fluent English. He then confirmed that the intention was to bulldoze the camp.

Some time ago—a year or so—half the camp had already been cleared. I was not there, so I know only from what people have told me that the methods used were pretty harsh. One can see that a whole area has been cleared but a church there survived, due to legal action. I was told that the authorities used teargas and rubber bullets to move the people on. If they did that, I find it rather shocking. All I know is that the little row of shops in the Jungle had on display teargas canisters and rubber bullets, so presumably there must be something in the view that they were used. When I asked why these harsh methods were used, I was told that the concern in Calais was that the National Front was quite strong there, so they were being tough with the people in the Jungle. My view is that if you behave like the National Front, you do not discourage it but give it more credibility. However, that is a matter for the French authorities and how they have acted.

The critical issue now is how the relocation of people from the Jungle is to be achieved. I hope that the British Government will be able to work closely with the French authorities. This is not in our country and it is a French responsibility but I hope that we can help them. We have spent a lot of money providing barbed-wire fencing and a week or so ago, we were told that a wall was to be built. Having had a helpful chat with the Immigration Minister earlier this week, I understand that proposals for a wall have been around for a long time. But I said that it would send quite the wrong signal by suggesting that the camp is there permanently, which neither the French nor we want, and have negative connotations. If we are to spend that sort of money we would do better to provide better facilities, jointly with the French, to relocate the children who might then be on their way here. I hope that we will not waste our money on a wall; anyway, it will not be that difficult for people to walk around the end of it.

My first key point is that it is important that all people in the Jungle, but particularly the children, are fully informed of what their rights are on claiming asylum. There is a view there that they do not want to claim asylum—that they have been persuaded, and want only to come to this country. Although I concede that quite a few have in the end claimed asylum, the ones who I spoke to thought that their only option was to come to this country. There is a feeling that they would not be treated that well by the French. I think they probably would be but as long as there is this misunderstanding, it will be hard to make progress. Of course, it is believed that there are traffickers and people smugglers in the Jungle, who have a vested interest in persuading others not to claim asylum in France. That way, they can get some money from them by helping them to get on a truck or jump on the train.

If we act in the best interests of the child, as we must, then the relocation of the children is a sensitive matter, but it is important that it be done on the basis of the young people being fully informed and of their being assured that their assessment for eligibility to come to Britain will be carried out quickly, for those who qualify. Such a sensitive approach, if it is demonstrated to be sensible, could work well and give those who are eligible a better chance to come to this country. I hope very much that the lack of knowledge and confusion in the Jungle can be overcome.

We cannot of course go in there and start telling people what their situation is. That is up to the French authorities, which would probably agree that having the people better informed would be an advantage. When I was there a couple of weeks ago, I spoke through an interpreter to some 14 and 15 year-old Ethiopians who said that they had been given no information by anybody in authority. Nobody on behalf of the British Government or the French Government had spoken to them or told them what their rights were. When I asked them why they want to come to England, one of them said that it was the English language. Of course, the English language is a pull but it is hardly a sufficient reason in itself.

I urge that we do everything we can in conjunction with the French to make sure that the people in Calais are told what their rights are so that when the relocation happens, they know that it is not a negative step. They will otherwise resist any such move, but it is a positive process. I hope that the French will play their part in providing that information for the adults in Calais, who have no particular qualification to come to this country. Surely it is not beyond the wit of the two Governments to agree to do this.

I am drawing my remarks to a close. The Government have said that they would act on the letter and spirit of my amendment to what is now the Immigration Act. My criticism of the Government is that nothing is happening. If it is happening, we ought to be told about it. If it is not, we want to know why—and would the Government please get a move on? It is the Government’s obligation and I hope that they will act on it.

Calais: Refugee Children

Lord Dubs Excerpts

Wednesday 7th September 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, on the question of whether we are doing things quickly enough, in an ideal world we would move all the children tomorrow. However, we cannot just take a child out of a country—I tried to make that clear yesterday and I make it clear today. Following due process is in the best interests of any child whom we are concerned about. We have to take account of the laws of the country in question—that is, France. When the child is in France, he or she is under its jurisdiction. We are working very closely with that country to make sure that children are transferred as quickly as possible. The welfare of the child is utmost.

[Lord Dubs (Lab)]

My Lords, first, will the Minister confirm that under the terms of the Immigration Act not a single child has yet reached this country? The ones who have arrived have relatives here and have come under Dublin III. Secondly, will she comment on the news this morning that the Government are apparently advocating the building of a wall in Calais, for reasons which nobody can understand? Is that true and, if so, why?

[Baroness Williams of Trafford]

My Lords, I do not have the exact figures since the introduction of the Immigration Act but I would certainly like to provide them to the noble Lord. He is an absolute expert in this area, so I am very reluctant to contradict him. It is the case that 120 children have come from France under the Dublin regulations. In the whole of last year, the figure was only 20. However, I will confirm that for the noble Lord in writing.

I know that the wall has received press attention. The measure is intended to further protect the rocade from migrant attempts to disrupt, delay or even attack vehicles approaching the port. I hope that that provides the clarification that the noble Lord seeks.

Calais and Dunkirk: Refugee Children

Lord Dubs Excerpts

Tuesday 6th September 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, I certainly sympathise with the sentiment of what the noble Lord says—nobody wants children to have to survive a winter in cold conditions. But there are several things that we have to consider. First, what is in the best interest of that child in terms of safeguarding? Secondly, there are laws that we have to abide by from various countries. For example, if the child is not in this country, we have to do those negotiations to get the child out.

[Lord Dubs (Lab)]

My Lords, it cannot be in the best interests of any child to stay in Calais, in awful conditions with no proper safety or security apart from a few British NGOs. It is deplorable. If the Minister would come to Calais—I was there last Saturday—she would see what I am talking about.

[Baroness Williams of Trafford]

I thank the noble Lord for bringing that up. Perhaps I can clarify what I said about negotiating with other countries and their laws and, certainly, the welfare interests of the child. While a child is in France, it is under the jurisdiction of France. Of course we work with France—and most children are out of the camps very quickly when they have relatives in the UK. But there are all those issues to consider. Of course, nobody has to stay in the camps. Reception centres have been made available; there are 130 of them for people to go to rather than stay in the camps.

Calais Jungle Camp: Child Refugees

Lord Dubs Excerpts

Wednesday 20th July 2016 Lords Chamber

Asked by

[Lord Dubs]

To ask Her Majesty’s Government what is their assessment of the threatened demolition of the Calais Jungle camp and the position of child refugees.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the French Government have not confirmed an intention to clear the Calais camp; however, they have consistently maintained that the camps are not permanent. We will continue to work with the French to address the situation in Calais, including by providing alternative accommodation for migrants in France, improving support available for all unaccompanied children in Calais, and prioritising asylum cases for children with family links to the UK.

[Lord Dubs (Lab)]

My Lords, can the Government say to the French authorities that to demolish the camp without making adequate alternative arrangements for the people living there will be an attack on very vulnerable people indeed? Furthermore, can the Government speed up the process of getting unaccompanied child refugees to Britain? We have given that undertaking; they are there in Calais; why not bring them here quickly?

[Baroness Williams of Trafford]

I thank the noble Lord for that question. We are talking to the French Government about all aspects of the migrant situation in northern France. The French Government have made it clear that anyone who does not want to live in the makeshift camps in Calais has the option of engaging with the French authorities, who will provide accommodation and support. Nearly 5,000 migrants have taken up that offer since the autumn. On the speed of delivery, since the beginning of the year, the UK has accepted more than 50 requests from France under the Dublin regulations to take care of asylum-seeking children on family unity grounds. More than 40 children have already been transferred to the UK, and more than 20 who meet the criteria under the Immigration Act 2016 have been accepted for transfer to the UK since Royal Assent in May.

Hate Crime

Lord Dubs Excerpts

Wednesday 29th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

I thank my noble friend for his remarks. I see it as a huge privilege and an honour to serve your Lordships’ House. When it comes to issues such as tackling hate crime—in particular, we have seen a rise in the levels of anti-Semitism and Islamophobia—we have the strength and experience in this House to face the challenges from all types of extremists who seek to disrupt what we have. Those challenges require a unified response, and I shall remain open in the discussions as we tackle some of the more serious issues.

On the specific points that he raised, I am the first to admit that we are going through unprecedented times in terms of how we go forward as a country. However, I am an eternal optimist. I believe in the positive nature of our country and in our resilience. It is important to reassure every citizen who chooses to make the UK their home, including those from the European Union, that their rights, safety and security will be safeguarded, and this is perhaps the most appropriate time to re-emphasise that. Unfortunately, I was not in the House when my noble and learned friend spoke but I will certainly reflect on his comments. However, I was here when my noble friend the Leader of the House spoke, and I think she provided clarity on some of the comments and questions that were raised.

[Lord Dubs (Lab)]

My Lords, I welcome what the Minister has said today, and I very much welcome what my noble friend Lord Rosser said in his response. I think back to the wonderful days of the Olympics, when we were a multicultural country. We were delighted to have people here from all over the world and this was a country that showed tolerance. Since then, we have become small, inward-looking and mean-minded. I would like to put two things to the Minister.

First, if ever the country needed leadership to tackle hate crime and to condemn those awful people in our society who take advantage of minorities in this country, it is now. I am dismayed that somebody who wants to be Prime Minister of this country peddled racial hatred and opposition to migration by saying that millions of Turks were going to come to this country. After the referendum, he said, “Oh, it wasn’t about immigration at all”. Anybody who knocked on doors knows that there was one issue that won the referendum for the leave campaign and that was immigration. There were some worthy, decent people in the leave campaign but the fact is that it was the immigration argument that did it and the hate crime is a result of that immigration argument.

[Lord Ahmad of Wimbledon]

My Lords, the noble Lord makes some powerful points. First, let me assure him that, when it comes to dealing with the issue of hate crime, there is no void in leadership—and not just within the Government. Of course, the Government facilitate and demonstrate their intent. My right honourable friend the Home Secretary has been instrumental in some of the initiatives that I have already talked about. I am sure noble Lords will agree that she is not someone who shies away from difficult and tough calls. She has protected certain police budgets, but at the same time she has been at the forefront of providing the kind of protection and policies that we are seeing coming to the fore. I also pay tribute to my right honourable friend the Prime Minister. When we took up the mantle of new government, I spoke to him about tackling hate crime, particularly within certain religious communities, and ensuring that the fund for the protection of places of worship is instrumental and reflects this.

The noble Lord talked about those who play on the fear of immigration. I have already made my views clear on that. Anyone who plays on these fears to divide society needs to take a long, hard look at themselves.

Refugees: Unaccompanied Children

Lord Dubs Excerpts

Monday 13th June 2016 Lords Chamber

[Lord Ahmad of Wimbledon]

As I am sure the noble Lord is aware, we are working with international organisations, NGOs such as Save the Children and the UNHCR. Specifically on the question he raised about settlement, we are consulting and working directly with France, Italy and Greece and are working with NGOs in this respect. I emphasise that ultimately it is important to get this right for those children’s sake. It is not a question of delaying or dragging our feet; it is about ensuring that the best interests of children are put first.

[Lord Dubs (Lab)]

My Lords, is the difficulty in identifying unaccompanied child refugees in France, Greece and Italy, or is it that there are not enough local authorities which are co-operating in finding foster parents?

[Lord Ahmad of Wimbledon]

I commend the noble Lord’s work in this respect and his consistent efforts on this issue. There is an issue about identifying the children who require such assistance. That is why we are working very closely with the French Government and my right honourable friend the Minister for Immigration visited Greece in May to discuss this issue. I assure the noble Lord that we are also working very closely with local authorities to ensure that the support they provide is effective and that we do not put undue burdens on them.

Young Asylum Seekers: Deportation

Lord Dubs Excerpts

Monday 9th May 2016 Lords Chamber

[Lord Keen of Elie]

With regard to children who have been here from the tender ages mentioned by the noble Baroness, I would point out that where a person under 18 has lived continuously in the United Kingdom for seven years or more and it would be unreasonable to expect them to leave, arrangements will be made for them to remain.

[Lord Dubs (Lab)]

Will the Minister confirm that there are no circumstances in which anyone would be removed from this country unless it was absolutely safe for them in their country of origin?

[Lord Keen of Elie]

Whether it be a matter of assistance for voluntary return or of compulsory return where someone has overstayed and has no right to remain, in the first instance this Government will always seek to ensure that there are appropriate reception arrangements for a person returning to a country of origin.

Immigration Bill

Lord Dubs Excerpts

Monday 21st March 2016 Lords Chamber

Moved by

[Lord Dubs]

116A: After Clause 62, insert the following new Clause—
“Unaccompanied refugee children: relocation and support
(1) The Secretary of State must, as soon as possible after the passing of this Act, make arrangements to relocate to the United Kingdom and support 3,000 unaccompanied refugee children from other countries in Europe.
(2) The relocation of children under subsection (1) shall be in addition to the resettlement of children under the Vulnerable Persons Relocation Scheme.”

[Lord Dubs (Lab)]

My Lords, ever since I tabled this amendment, I have been surprised at the level of interest, and above all support, from the wider public over the need to do something for unaccompanied child refugees in Europe. I declare an interest at the outset, as I arrived in this country in the summer of 1939 as an unaccompanied child refugee. This country at the time offered safety to some 10,000 children. It is thanks to Sir Nicky Winton, who helped to organise Kindertransports from Czechoslovakia, that I got here at all—I almost certainly owe my life to him. In tribute, last week a postal stamp was produced in commemoration of his achievements, and I saw photographs of the stamp with the Home Secretary when it was launched.

I also happened to meet Theresa May at a birthday party at Nicky Winton’s house in Maidenhead a few years ago. She was of course his MP and paid many tributes to him. I cannot help but feeling that he would be gratified if this House were to adopt this amendment today. In May, there is to be a memorial event for Nicky, who died last year at the age of 106, and it would be fitting if this amendment were on the statute book by that commemoration. Some years ago he expressed concern to me about unaccompanied children—in this case from the Horn of Africa—and wondered at the time whether similar schemes should be put in place. Although I cannot discount my personal experiences, the case for this amendment does not depend on them. There is a much stronger case for the amendment than what happened to me all those years ago.

Once in a while, there are major challenges that test our humanitarianism, and Europe’s refugee crisis is surely one such challenge. But within that, there is a need to do something about unaccompanied child refugees in Europe. They are believed to be mainly Syrian, although I am sure among them there are also some Afghans and Eritreans. There is estimated to be some 24,000 such children in Europe at present. Save the Children, which has been particularly involved in making these estimates, has suggested that the UK’s share should be something in the region of 3,000. I stress of course that we must deal with children who have claims for asylum under the 1951 Geneva Convention—there may be others in Europe, but they are not the subject of this amendment.

These children are in a vulnerable state. Some apparently have disappeared and there are fears that they may have become the victims of child traffickers and perhaps forced into prostitution or slave labour. According to the Italian Ministry of Labour, of the 13,000-plus unaccompanied children who arrived in 2014, some 3,700 have disappeared. In 2015, nearly 6,000 are unaccounted for. Is it not a dreadful thing that children have just disappeared in modern Europe? In any case, the winter is not over. In many parts of Europe, children may be sleeping rough, without adequate food or water. Many may be in Greece or Italy, but some are elsewhere, perhaps even in the Calais and Dunkirk areas.

I think that there are clear signs that the British people want to respond, and many have offered to be foster parents. It just so happens that early this afternoon, I received an email, which I should like to quote from. It says, “Please keep fighting for the rights of the refugee children who are unaccompanied. It is very distressing how these children are having such a dreadful time to just survive. England has plenty of room for these children and, just to show our humanity, our doors should be open to them. I would be happy to offer a place of safety for one or two, as I have been a foster parent many years ago. The best of luck today.”

I believe that that is a typical response; I have certainly had such responses, and I am sure that many others have as well. I am confident that a widespread appeal by the Government and local authorities would achieve a positive response from people. Not everyone who wants to be a foster parent is qualified to do so, and we would have to set the highest possible standards, as we would for all other children in local authority care, to ensure that anyone wanting to foster is qualified to do so.

We have heard a lot about pressure in Kent, and I accept that Kent as a county has had difficulties, but I believe that there would be a response all over the country that would meet the need identified in the amendment. We do not want to put children and young people into care homes. Clearly, the aim of the amendment is that such children should be fostered and properly cared for, as were many of those on the Kindertransport, unless they already have relatives in this country, when the right course would be for them to be with them.

Local authorities have a key part to play in all this. Of course, they may need some extra help: it depends on the pressure on any individual authority. Let me stress that these children should be additional to the vulnerable persons relocation scheme. I accept that that is a good scheme—a bit small, but it does useful work. I think that 1,200 have already come in under that scheme and we are talking about 20,000 over the next four or five years.

The amendment deals with a different need. The figure of 3,000 is small, but would make an important contribution to helping a vulnerable group. It is surely right that we in this country should take a fair share of the responsibility. I hope that other countries in Europe would also share in doing that.

I have tried to understand the Government’s objection to the amendment. I thank the Minister for several conversations with him; indeed, I have had a conversation with the Home Secretary as well; and I appreciate the frank exchange of views that we were able to have. The Government believe that if some of the children currently in Europe were allowed into this country, that would exert a pull factor and many more would arrive. That seems to be the nub of their argument against the amendment.

I do not think that there is that much hard evidence to support that belief, but in any case, the consequence of doing nothing for these children who are now in Europe must be much more serious than the possibility that an amendment such as this would attract others to follow. We are dealing with a desperately important crisis at the moment; that is the key to the amendment.

I am currently a member of one of our European Union sub-committees, and we are considering naval operations in the Mediterranean, especially Operation Sophia. Those operations are certainly saving the lives of people crossing from Turkey or Libya. To the extent that they do so, they lessen the risks of the sea crossing, so one could argue that they are also a pull factor, but that is no reason not to save the lives of people at risk in the sea, and no one suggests that those naval forces should cease their life-saving operations.

We are dealing with a refugee crisis in Europe of such magnitude that, frankly, the number in the amendment is rather small, and I have had people ask me: “Why so few?”. Some people in European countries have family members in this country. The amendment is not intended to cover those children: provided that they can be identified, they already have the right to come under existing arrangements. The priority must surely be: what is in the best interests of the children? Some may already have parents or close relatives in another European country, and it would clearly be in their best interests to join them there, wherever they are.

In the House of Commons on 25 January, the Minister James Brokenshire said—and I think that the quote summarises the purpose of this amendment:

“The Government are clear that any action to help and assist unaccompanied minors must be in the best interests of the child, and it is right that that is our primary concern”.—[Official Report, Commons, 25/1/16; col. 39.]

--- Later in debate ---

[Lord Bates]

The noble Lord presses me to say yes or no. I am about to give him a yes-or-no answer, which is to say, no. We have a principled objection. The people most at risk are in the region. That is why we have doubled the amount of aid we are giving, which was already 227% of our fair share, from £1.1 billion to £2.3 billion. We did it because we wanted to help, as we are helping—keeping 223,000 people in schools, providing 2 million bits of medical assistance, and helping 600,000 with livelihoods and medical care there in the region, because we believe we can do that. We believe that we should not be doing anything that encourages one child to make that perilous journey, where they fall into the hands of the criminal gangs and put their lives at risk to cross those seas to get to Europe. We want the action to be taking place there. That is our principled objection to this amendment. The noble Lord may disagree on that but we are clear where we stand.

I hope the House will recognise, and that the noble Lord, Lord Dubs, will recognise when he responds to this debate, that the Government are not immune to the argument that has been put forward. We are not doing nothing in the crisis; we are doing a great deal more than any other country in the world to respond to the initiative that is happening. We will go on doing so, not because of the amendment but because it is the right thing to do. I will be very grateful if the noble Lord will do two things when he winds up. First, will he comment on my analysis of the numbers and the vulnerability? Secondly, will he say something about other countries in Europe which are not doing a fraction of what this country is doing?

The right reverend Prelate the Bishop of Chelmsford talked about the generosity of British people. I work with Richard Harrington, whom we have appointed as a Minister, by the way, to look after the Syrian vulnerable persons relocation scheme, and I know that every day he has a battle to persuade local authorities to take the children we already have coming through that scheme. The right reverend Prelate the Bishop of Rochester, in a previous debate, undertook to write to other dioceses to encourage them and their local authorities to come forward and offer spaces.

We currently have an 8,000 shortfall in the number of foster parents required, so all the offers to provide foster care are welcome. We desperately need those places for young people everywhere but there is no surfeit of people registered as foster parents waiting to take people in. As I say, there is a shortfall of some 8,000 that we definitely need to fill. I hope that the noble Lord will respond to the points I made about local authority capacity, and what other countries are doing, and to the questions I raised about the numbers and how they have been arrived at by Save the Children, and consider withdrawing his amendment.

[Lord Dubs]

My Lords, I am grateful to all noble Lords who contributed to the debate. It has been an emotional debate, which is not surprising as the subject is very emotional. I shall deal with only a small number of the points that were made as most Members of the House supported the amendment.

Of course we all condemn the gangs who have caused a lot of the tragedies in the Mediterranean and other tragedies and exploit vulnerable people for financial gain. They cannot be condemned enough and I agree entirely with the Minister on that point. As regards the numbers and the point made by, I believe, the noble Lord, Lord Lawson, the amendment talks about children. If, in seeking to co-operate with Save the Children and the UNHCR, the Government can identify the younger ones, there is nothing in the amendment which says that they should not concentrate on those. There is a figure in the amendment simply because we need to get the Government to respond clearly, as it were. If the amendment said simply “take some”, there would be no pressure on the Government. It is better to have a number in the Bill. If the Government chose to focus on the under-14s, that would be perfectly acceptable in terms of the amendment. After all, although the Minister talked about 60% being over 16, that means 40% are under 16, which is still a fair number, and enough for us to get on with.

Some other countries—Germany has become the conscience of Europe in the last year or so—are doing a great deal. Others are not. But surely as a country we have set our own standards on how we should adopt a humanitarian approach to this enormous crisis. It is because I want Britain to take a lead in humanitarian action that I am keen that the House should pass this amendment. I appreciate what the Minister said about foster parents. He also commented on this issue in Committee. People have said to me in other parts of the country—not just south London—“We want to respond”. Given that response, I believe sincerely that if the Government and local authorities said that they were looking for qualified foster parents who have passed the local authority vetting process—as they must—and who would play their part, the people of Britain would respond handsomely. A typical example could be a family with two children who want to take another child. I pay tribute to the Minister, who has done a lot of good work for Save the Children. Indeed, he went on a sponsored walk. I should have said at the beginning that I appreciate that, and he deserves credit for it.

The Minister said that some of these people were Albanians. I have said emphatically that we are talking about refugees—children who qualify under the 1951 Geneva Convention as having a well-founded fear of persecution, torture and death. They are surely the priority and they are the ones on whom we ought to concentrate. We are faced with an important decision. Our country will be judged on the decision we make tonight. I wish to test the opinion of the House.

Immigration Bill

Lord Dubs Excerpts

Monday 21st March 2016 Lords Chamber

Moved by

[Lord Dubs]

122: After Clause 63, insert the following new Clause—
“Protection of locally engaged staff
(1) This section applies to staff who formerly worked for Her Majesty’s Government in Iraq or Afghanistan—
(a) as direct employees of the United Kingdom armed forces or the Ministry of Defence;(b) on letters of appointment from a British Embassy;(c) as direct employees of the Department for International Development or the British Council; or(d) as contracted staff who worked as part of Her Majesty’s Government’s programmes, projects and operations.(2) Persons falling into the categories in subsection (1) and who satisfy the United Nations High Commissioner for Refugees that they meet the criteria of the 1951 Refugee Convention are eligible for resettlement in the United Kingdom under the United Kingdom’s Gateway Protection Programme.
(3) Persons falling into the categories in subsection (1) may apply for a visa to come to the United Kingdom for the purpose of the United Kingdom determining their claim for asylum.
(4) Such persons may be accompanied by—
(a) their spouse or civil partner;(b) any of their children under the age of 18 who are not leading independent lives; and(c) any of their parents and grandparents who are over 65 and their respective spouses and civil partners.”

[Lord Dubs (Lab)]

My Lords, Amendment 122 is concerned with individuals who helped the British Army and general British interests either in Iraq or Afghanistan, and who are now refugees or, as it were, want to be categorised as refugees. I am indebted to a small NGO called Help Refugees for the advice and information it has given me.

The amendment refers to individuals who are now in refugee camps—they may be as far away as the Middle East or they may be in Calais, where some have been identified. These are persons who worked with Her Majesty’s Government in Iraq and Afghanistan. They may have worked on the Kandahar air base, as translators and interpreters, or as radio operators. These are people who have sufficient evidence to indicate that they worked in that capacity, helping the British Army and other British interests.

These individuals have now suffered from quite serious threats, and I have got some information from a couple of them. One individual who acted as a logistics officer and was involved in liaison contact between British forces and local interests, and who helped train the Afghan military and other companies, said: “I had phone calls saying that I had to stop working with them and, ‘If you don’t stop working with them, you will be killed’”. Another individual, working at the Kandahar base in Afghanistan, said, “As you know, the situation is very bad for those who have worked with the foreign forces—the Americans, the British—and those who are interpreters or translators. Their life is in danger in Afghanistan. Everywhere the Taliban are present in each province, so if they know that you have worked with them they will elect to kill you. Everybody knows this. This is the truth. Nobody can ignore it”. “Have you personally had any threats?”, he was asked. “Yes, when I was there, I was getting calls saying, ‘Leave this job or I will kill your family. I will kill you if I find you’. It was very hard for me”. “Were you getting many of these phone calls in a week?” “Two or three times, yes”. These are individuals who worked with us and to whom we surely have some responsibility. My argument is that we should give effect to that responsibility through this amendment.

There is a difficulty in that two different schemes are in existence which do not quite fit the bill: there is an Iraq policy and an Afghan policy. It is clear that the Iraq policy is a better one and the Afghan policy has helped only one particular individual. What I am suggesting in this amendment is that we should have a more far-reaching policy which helps all the individuals who I have described. The idea is that if they can be identified—and this is a departure from the present policy—as coming under the various categories as set out in proposed subsection (1) they would be entitled to come to Britain and then claim refugee status here. So we meet some of the difficulties that the Minister referred to in responding to the previous amendment.

This is a modest amendment which would meet a certain obligation that we have. If the Government feel that they cannot accept the amendment, there are things they can do to meet the need. I would like an assurance from the Government either that they will accept the amendment or that they are prepared to say that they will do what they can, and describe it, to help the individuals concerned and make accommodation for them outside the statute. I would be happy about that, but we have to do something for these people. Some of them are in the camps in Calais. They have been neglected and forgotten by the world, and they worked for us. They helped us at a critical time in Afghanistan and Iraq. I beg to move.

[Baroness Hamwee]

My Lords, I have added my name to the amendment. The whole of this Bill raises moral issues, and it was the simple rightness of this proposition that led me to sign the amendment.

The Daily Mail has been campaigning on this issue and recently highlighted the case of one interpreter who was injured by a bomb and accused by the Taliban of being a spy. He was at that time waiting for the UK Government’s support unit to consider his application to be relocated to the UK. He said, “They told me that after five days they would interview me but after five days I was still waiting and they said the programme has not started yet. Then they said maybe 2014, maybe 2015, but I could not wait that long, it was my life at risk”. We know that hard cases make bad law, but do they invariably make bad law? Do they not sometimes point us to what should be good with the law? The dangers to these staff and their families at home are now obvious, as they were obvious when they provided assistance.

The Minister for the Armed Forces in a Statement last August spoke of the UK team,

“which investigates thoroughly all claims of intimidation. When necessary we will put in place appropriate measures to mitigate any risks. These range from providing specific security advice, assistance to relocate the staff member and their family to a safe place in Afghanistan, or, in the most extreme cases, relocation to the UK”.

There are others in the Chamber who can speak with much more authority than I can about whether giving advice and relocation elsewhere within the country is realistic or effective.

I will finish by saying simply that it took a long campaign to recognise the contribution of the Gurkhas to this country, which was supported by David Cameron before he was Prime Minister. I think that we should put right the position for the individuals who are the subject of this amendment now.

--- Later in debate ---

[Lord Ashton of Hyde]

The noble Lord is right on that. The point is that 600 Afghan locally employed staff have been relocated to the UK and many others have been helped within the country. The important thing about the intimidation scheme is that, if the circumstances merit it, there is nothing to prevent those people being relocated to the UK.

The noble Baroness, Lady Nicholson, talked about Iraq. The Government have assisted staff through the Iraq locally engaged staff assistance scheme, which has been running since 2007. Six hundred places were made available for staff and dependants who met the criteria and have enabled nearly all that number to be resettled in the UK. The second arrangement in Iraq was also for locally employed staff who were still serving on 8 August 2007. They were granted entry clearance which, on arrival, if they met the criteria, conferred indefinite leave to enter the UK. This had to be referred by employing departments. Since 2007, under this arrangement, a total of 1,323 Iraqi civilians have been relocated to the UK up to the end of February this year.

These programmes are in addition to the UK’s obligation under the refugee convention to consider all asylum claims made in the UK. But we have no legal obligation to extend the asylum process to those outside the UK. As the noble Lord, Lord Pannick, mentioned in the last debate, government policy is very clear that we consider only asylum claims that are lodged in the UK. We do not grant visas to enable asylum seekers to come to the UK. To accept that proposal would attract large numbers of claims requiring careful consideration and place very heavy burdens on UK posts abroad. Importantly, it would also draw resources away from those applying in the UK, and thus undermine our ability to process those claims in accordance with our legal obligations under the refugee convention.

The operation of the two global resettlement schemes already provides a route to the UK for refugees recognised by UNHCR. The existing ex gratia schemes for locally engaged staff in Iraq and Afghanistan have a different focus and provide a route to the UK to reward those who have made particularly significant contributions to the success of UK missions. For all locally engaged staff we have the intimidation policy that provides cover for those who may need support in the face of a local threat, which in extreme cases could lead to relocation to the UK, as I have said. We recognise the considerable contributions made by locally engaged staff and owe a debt of gratitude to them and an ongoing duty of care. That duty and that debt are already being discharged and those in need have been allowed to come to the UK.

In answer to the noble Lord, Lord Dubs, I cannot accept the amendment. However, I can go some way towards what he was asking for as his second alternative. If he can give me examples of where the existing schemes are not working, I am happy to take them to the MoD and explain why they are not working. However, I submit that the schemes which are operating do fulfil our moral and legal obligations. On that basis, I would be grateful if the noble Lord would withdraw the amendment.

[Lord Dubs]

My Lords, what the Minister has said is quite complicated. There are a number of different schemes and it is not easy to sort out all the implications of what he has said. I will pick him up on one point, though. The Minister said that people cannot travel here to claim asylum. I remember that the British Government brought in some 4,000 Bosnians from the Serb camps. These people were allowed into the country—

[Lord Ashton of Hyde]

They had to travel here to claim asylum. What they cannot do is claim asylum in foreign countries.

[Lord Dubs]

They had to be given visas or something with which to come here. The amendment says that they have to satisfy the UNHCR that they meet the 1951 convention criteria and they would then be eligible to apply for a visa for the purpose of claiming asylum here. That meets what the Minister says—yes?

[Lord Ashton of Hyde]

One of the reasons why we cannot accept the amendment—the red line, if you like—is that we do not give people visas to come to this country to claim asylum.

[Lord Dubs]

The hour is late but, as I remember it, the Bosnians were allowed to come here in order to be able to claim asylum. I do not think they were given asylum in Serbia when they left. But be that as it may.

If I understand the Minister correctly, he has said that, if we can produce evidence of individuals who have slipped through the net and who would be entitled to come here, under what he has said, if we can find them and give the Government the names, then the Minister will pass them on to the MoD to be dealt with under the scheme. That goes some way to meeting my concerns. I am worried that there are people who have simply slipped through the net. For example, I am told there are several in Calais. They would seem to meet the criteria that the Minister set. There may be others elsewhere. If the Minister is giving that clear assurance, I am prepared to withdraw my amendment.

[Lord Ashton of Hyde]

I can certainly assure the noble Lord that, if he can produce examples of people who would appear to have slipped through the net, I would be happy to take them to the MoD. Obviously, I cannot give a guarantee that they definitely have slipped through the net, but the MoD will certainly take a look.

[Lord Dubs]

I appreciate that. I know of at least two who have been identified in Calais by members of an NGO. If I let the Minister have their names, will he be prepared to act as he said and let the MoD have them? I understand he cannot give a complete assurance about what the MoD will do. We have some names and we can produce some more.

On the basis of the Minister’s assurances, I am prepared to withdraw the amendment.

Some Lords objected to the request for leave to withdraw the amendment, so it was not granted.

Calais: Child Refugees

Lord Dubs Excerpts

Monday 29th February 2016 Lords Chamber

[Lord Bates]

I am grateful to my noble friend for that question. I can tell him that 62% of unaccompanied asylum-seeking children were 16 or 17; 26% were 14 or 15; and 8% were under 14. Of course, in this country the obligations under the Children Act mean that anyone aged under 18 will be taken into local authority care as a result of those duties.

[Lord Dubs (Lab)]

Not long ago four children were discovered in Calais who had parental links here. It took a long time to find those children. Surely we have to make sure that we do not let time pass in the way it did then. Could the Government not publicise very loudly and clearly to the people in Calais and Dunkirk that if there are young people there with family members here they should announce themselves because that is a quick way of getting in here?

[Lord Bates]

The noble Lord is absolutely right. Without going into the details of a particular case, it was simply a question of process to say that if they had claimed asylum in France, that whole system could have been organised and expedited very quickly indeed. That is the message that we need to get out to people: the way to be reunited with your family in the UK is to claim asylum in France and rely on the Dublin regulations to ensure that that happens as soon as possible.