Immigration Bill

Lord Hylton Excerpts

Wednesday 3rd February 2016 Lords Chamber

[Baroness Lister of Burtersett]

My Lords, I support Amendments 234B, 234M, 234N and 235A in the name of the noble Earl, Lord Listowel, to which I was pleased to add my name, not least as he has been such a consistent champion of the rights of care leavers. I am also supportive of other non-government amendments in this group, particularly Amendments 230D and 239B.

On Monday, the noble Lord, Lord Ramsbotham, spoke about the deeply unsatisfactory way that this Bill has proceeded, with amendment after amendment having been tabled by the Government since its initial introduction in the Commons. It is particularly inappropriate that amendments concerning an issue as important as the treatment of care leavers should have been introduced in this way, leaving a host of unanswered questions as to how the new provisions affecting such a particularly vulnerable group—as the noble Earl emphasised—will work in practice.

This vulnerability cannot be magicked away by constant referral to this group of young people as adult migrants, as if, miraculously, the vulnerabilities that were recognised at the age of 17 years and 11 months have evaporated overnight on their 18th birthday. As the Refugee Children’s Consortium and the Alliance for Children in Care and Care Leavers point out, it is long established in law and policy that those who have been in care need continued support on turning 18 in light of their vulnerabilities. Indeed, leaving care and children’s legislation is predicated on an understanding of the need to provide additional support beyond just accommodation and subsistence needs after the age of 18.

Likewise, the Office of the Children’s Commissioner points out:

“For the purposes of the Commissioner’s primary function, a person who is not a child is to be treated as a child if he or she is aged 18 or over and under 25, and a local authority in England has provided services to him or her under”,

the relevant sections of the Children Act at any time after she or he turned 16. As the commissioner explains,

“the intention of the Children’s Act was to establish that leaving care responsibilities apply by virtue of the authorities’ position as good ‘corporate parents’ irrespective of the care leaver’s particular circumstances and in recognition that turning 18 does not result in overnight independence from those who have cared for you previously”.

By removing these young people from the protection provided by the Children Act, Schedule 9 also takes care leavers with unresolved immigration status out of the remit of the Children’s Commissioner, thereby overturning a provision introduced for good reason by Parliament as recently as 2014.

Once again, immigration control trumps the well-being and protection needs of children and young people—a more general tendency observed by the JCHR, of which I was then a member, in its report on the human rights of unaccompanied children and young people in the UK. As the Refugee Children’s Consortium and the alliance argue, it is creating a two-tier discriminatory system of support for care leavers based on immigration status. One consequence is that a young person on turning 18 could be torn from their foster parents with whom they may have developed a strong and loving relationship. Think what effect this might have on a young person who had suffered earlier trauma as a result of separation from her or his parents. This really is disgraceful and it makes me both sad and angry to think what we might be doing to this particularly vulnerable group.

Many young people in this position do not even understand that they have no leave to remain after the age of 18. Amendment 230D is particularly relevant here. The JCHR inquiry concluded:

“Discretionary leave to remain is used too readily at the expense of properly considering other options”,

and recommended that decisions should be,

“made about their future on robust evidence as early as possible”.

That this should happen will be all the more important once Schedule 9 takes effect. The JCHR report made clear that:

“The duty towards an unaccompanied migrant child does not end at 18”,

and argued that it is right that local authorities’ duties,

“continue to apply to vulnerable children who may continue to require support as they face fundamental decisions about their future”.

It notes that the Government, in their written evidence to the inquiry:

“stressed that unaccompanied migrant children were supported ‘in the same way as any other child in need’, throughout and beyond the care system”,

but no more, my Lords.

We were highly critical in that report of how effectively existing duties towards migrant young people were fulfilled. But that is not a reason for absolving local authorities of these duties. We recommended that:

“Unaccompanied migrant children must be properly supported in the transition to adulthood”,

and that,

“bespoke and comprehensive care plans”,

that,

“take full account of the wishes of the child … remain applicable up to the age of 21, or 25 if the young person remains in education, to enable children to realise their maximum potential”.

The Government responded:

“We agree with the Committee that children should be properly supported in the transition to adulthood”.

It would seem that they believe, in the face of all the evidence, that that transition ceases on a child’s 18th birthday.

Schedule 9 raises all kinds of practical questions that must be clarified before it becomes law. We have heard some from the noble Earl and from the noble Baroness, Lady Hamwee. She referred to questions raised by the Office of the Children’s Commissioner. Has the Minister met the Children’s Commissioner to discuss these matters? If not, will he undertake to do so before Report, or to include her in the meeting that he has very kindly already offered, because she is charged with protecting the rights of this group? As it is, Schedule 9 will remove rights established to protect some of the most vulnerable young people in the country, as we have heard. I have said this before and I will say it once again: this cannot be right.

[Lord Hylton (CB)]

My Lords, I have a question which comes up in parallel to this huge group of amendments. It is as follows: if a young person or adult has been in this country for more than seven years without committing any serious offence and is therefore in a position where they would be eligible for British citizenship, if they applied for it, is it the intention of the Home Office to deport them? I will just explain that this question arises from the visit that my noble friend and I made to Yarl’s Wood today. I quite understand if the Minister does not feel able to give me an answer now but if he does not, will he please write to me and place a copy in the Library?