Asylum Seekers: Accommodation in Hotels

Lord Hylton Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The contracts with the three providers, who then engage the hotel accommodation, are of course commercially sensitive and the Home Office cannot therefore publish their contents. However, I am satisfied that sufficient safeguards are built into those contracts, and I reassure the noble Baroness that there is a requirement that all staff are appropriately DBS checked.

[Lord Hylton (CB)]

My Lords, only yesterday the Minister, in reply to a Written Question, gave very precise figures for unaccompanied asylum-seeking children placed in hotels and for the numbers who had gone missing. Will he therefore give us a better indication of when more suitable accommodation will be found for such people?

[Lord Murray of Blidworth (Con)]

Unaccompanied asylum-seeking children who have arrived on a small boat are first referred to the Kent intake unit. Then there are five specific hotels for the use of unaccompanied asylum-seeking children, and as soon as possible they are transferred to the care of local authorities. This is clearly a priority and it is obviously a very important matter. I take on board entirely what the noble Lord said.

Statement of Changes in Immigration Rules

Lord Hylton Excerpts

Wednesday 19th October 2022 Lords Chamber

Moved by

[Lord Hylton]

That this House regrets that the Statement of Changes in Immigration Rules (HC17), published on 11 May, implements plans to differentiate between refugees depending on how they entered the United Kingdom, does not provide for safe routes, and was not accompanied by an impact assessment on the effect of the changes. 2nd Report from the Secondary Legislation Scrutiny Committee

[Lord Hylton (CB)]

My Lords, this debate should really start with a health warning. I say that not because of the time of day but because the official list of changes in the Immigration Rules since 1994 covers more than one large page of closely typed A4. There have been some four to seven changes every year since then. The good news is that the Secretary of State will review the changes made since 2017, produce a report and publish it. We may get some insights into the various zig-zags of policies over the years.

I turn now to the statement of changes of 11 May, referred to in my Motion. The statement implements Section 12 of the principal Act. I regret that it is equally discriminatory, giving successful asylum applicants different rights depending on how they arrived here. Group 1 will be a very small group who arrived here direct from the country they fled or who entered under another visa and then applied for protection—for example, following a change of regime. Group 2 applies to successful asylum applicants who arrived via other countries. They will be the great majority of recognised refugees in future.

Group 1 will get status and leave to stay for five years, after which they can apply to remain permanently. They can sponsor a partner and any children under 18. By contrast, group 2 will gain status and leave to stay for 18 months only. In the last of those 18 months they may apply for an extension, but they will have no automatic right to settlement here. Reunion will be possible only for a spouse or child who cannot safely live elsewhere. Your Lordships will see that there is a huge difference in the treatment of the two groups, although both will have been accepted as bona fide refugees.

The British Red Cross, which I thank for its information, points out that refugees should have support based on their need for protection, not their method of arrival. Short periods of leave to enter will harm integration, making it difficult to learn new skills and gain employment. The Home Office will have to decide on applications to extend the leave to remain. This resource could be better used in reducing the backlog and giving better and quicker first decisions. I note that on 30 June the backlog was more than 99,000 cases.

The restrictions on family sponsorships will harm women and children by removing, for many, an existing safe method of arriving. This in turn may lead to more dependants attempting dangerous journeys to reach their next of kin. Lasting family separation and uncertainty will make it harder for recognised refugees to integrate.

The new regulations on family reunion may be slightly clearer than the old ones. There can be little doubt that they are more restrictive, but the complexities are such that free legal aid would be extremely helpful. At present it is not available. Therefore, much will depend on guidance that we have yet to see and on training for caseworkers and sympathetic implementation.

I come now to the special case of El Salvador, from which in 2017 there were only 38 asylum applications. Then, because of that Government’s harsh repression, the figures rose by stages to reach 658 in the first six months of 2022. Over the last two years, more than half of these applicants received refugee status or humanitarian protection. Why has this safe and legal route now been closed?

The May regulations had no impact assessment. I therefore ask: will one be published, in particular on group 2 refugees? Shorter periods of leave, no automatic route to settlement and restrictions on family reunion are the most important points to be considered.

The success of the two schemes for Ukrainians shows what can be done when there is good will and good co-operation all round. Over 133,000 entry clearance visas were granted for Ukrainians in the year ending last June. I have met a number of those who have benefited, and simply ask that every effort be made to enable people with good qualifications and good English to move into suitable work.

The media have enjoyed a field day over cross-Channel arrivals, but there can be no doubt about the desperation on the part of those facing the risks. We can gain a sense of proportion by comparing the numbers of cross-Channel arrivals with the much greater volume of visas provided for students and workers, and indeed for Ukrainians and British overseas nationals.

I have, I hope, outlined the weaknesses and omissions in these changes to the rules. They provide serious grounds for regret. I trust that subsequent speakers will touch on positive steps that this country could take to prevent loss of life in the channel by closer co-operation with France. If speakers can offer new ways of making the asylum process more humane, I will be delighted. I beg to move the Motion in my name.

[Lord Lilley (Con)]

My Lords, I begin by saying how sad I am to see the Home Secretary depart from her job today. I had very high regard for her; she brought great legal expertise and determination together. At the same time, I wish Grant Shapps well in his new job as Home Secretary. He was my neighbour in Hertfordshire and is a long-standing friend of mine. I hope that he will pursue with equal diligence the obligations we have and the commitments that we had in our manifesto.

However, there is little point in tidying up the law in the way that we are doing today if the law itself can be turned inside out by the courts. It is pretty clear that that is what has happened time and again in recent years. As a result, we have some 250,000 rejected—failed—asylum seekers in this country who, since 2005, have not been returned to their countries or removed from this country. That is in addition to the 125,000 who have been granted asylum.

The rate of acceptance on first application in this country suddenly doubled after the Windrush scandal, although it is hard to see what the logic of that doubling was. The effect is that we now accept twice as high a proportion of asylum seekers on first application as does France, on the other side of the channel—which is doubtless one reason why people choose to leave France and come here, even by dangerous routes.

Can I just deal with three or four delusions, illusions or mistakes that are very prevalent? The first is that we have no safe routes into this country. The noble Lord, Lord Hylton, made some very sensible points, particularly about the constant change in the regulations we face. We have some 13 different routes and they have exploded in numbers over the last year. We have seen the best part of 300,000 people arrive in this country and be accepted by safe migration routes, including 150,000 from Ukraine. That is a wonderful way we are responding to the problems in Ukraine and almost all of them want to return if and when peace returns to Ukraine. Sadly, that may not be immediate and many of them will put down roots in this country, so will add to our population. They are wonderful people, but we have to take into account the fact that we have a massive increase in our population. There were 120,000 from Hong Kong—again, one understands why—and 20,000 from Afghanistan. All arrived by safe routes. So when President Macron says that the problem with Britain is that is has no safe routes, he is simply out of touch with what is happening in this country.

The noble Lord, Lord Hylton, said that there can be no doubt about the desperation of people who cross the channel in small boats to come to this country. Let us be quite clear: they are coming from France, Germany and Belgium. If they are desperate, what is it about those countries that makes them desperate? They are not coming here from Afghanistan or Iran by boat; they are coming from France and Germany. One of the reasons can be that they have applied or could apply in those countries but know they would be rejected, whereas here our system—having been degraded by constant legal undermining of the rules—makes it much more likely that they will be accepted, even if other countries would not consider them legitimate asylum seekers.

The third point I want to make is that it is an illusion to say we have taken back control of immigration. Over the last year we have given over 1 million visas to people to come and settle in this country. Where are the houses going to be?

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My reading of it is that it does, but I accept that my reading may not be entirely accurate. I will also say that, obviously, women in Iran should seek safety in the nearest available safe place, and that is the point of what we are talking about to a large extent.

All this is to underline that we remain committed to helping the world’s most vulnerable and oppressed people. This country has a long-standing tradition of extending the hand of friendship to those fleeing conflict, tyranny and persecution, and that record will continue.

The noble Lord, Lord Hylton, asked me a number of very specific questions which I will do my very best to answer in full. He talked about legal aid for refugee family reunion and whether that may or may not be available under the exceptional case funding scheme. It is where failure to provide legal aid would mean there is a breach, or a risk of a breach, of the individual’s human rights and it is subject to means and merits tests. In 2019, we amended the scope of legal aid so that separated migrant children are able to receive civil legal aid for applications by their family members and extended family members. This includes entry clearance and leave to enter or leave to remain in the UK made under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances.

The noble Lord, Lord Hylton, asked why the safe route for people from El Salvador has closed. Since 11 May 2022, Salvadorean nationals have been required to obtain a visa prior to entering the UK as a visitor. The decision to impose a visa regime was taken solely for migration and border security reasons. Over the preceding five years there had been a sustained and significant increase in the number of UK asylum applications from Salvadorean nationals at the UK border: up 1,750% since 2017. While this change requires Salvadorean nationals to obtain a visa entry clearance in advance of travel, it does not close the safe and legal routes available to Salvadorean nationals to enter the UK.

The noble Lord also asked whether, under the two existing Ukraine schemes, there is any progress in getting professional and technical qualifications recognised in the country. The Department for Levelling Up, Housing and Communities is working with the Department for Business, Energy and Industrial Strategy, other government departments and the UK Centre for Professional Qualifications to clarify and promote the process for converting professional qualifications into comparable UK equivalents. That will help Ukrainians to keep up employment in their chosen professions or industries and make the most of their opportunities to use their skills and knowledge while they are living in the UK.

The noble Lord, Lord Coaker, asked about asylum wait times. As he noted, the asylum system has been under mounting pressure for several years. Increased and sustained intake, and a growing number of people awaiting a decision, have led to significant delays. We are currently concentrating on deciding older claims, high-harm cases, those with extreme vulnerability and those of children. I am afraid I am unable to offer specific timescales at this time, but I commit to notifying the noble Lord as and when I can. I will pursue that particular statistic.

Before I finish, I will talk about the practicalities and practice. They were noted by a number of people, including the noble Lords, Lord Hylton and Lord Horam. To some extent this informs the debate about Iran. Who are we talking about, coming across in small boats? That is essentially the nub of this. In 2022, 87.7% have been male. Between 2019 and 2021, 89.7% were male—it is pretty consistent. The top five countries of origin for small boat arrivals this year, bearing in mind that most of the migrants are men, are Albania, Afghanistan—where there is a safe and legal route—Iran, Iraq and Syria. I am not diminishing those people’s reasons for wanting to be in this country, but I question whether Albania is really the right source for asylum claims. It has been noted that some of them have chosen not to seek asylum, with the deterrent effect of the policy around Rwanda. I also point out that of those men—I did the numbers this morning—approximately three-quarters are between the ages of 18 and 39.

A couple of noble Lords, including the noble Lord, Lord Dubs, pointed out that there has been persistent criticism of France. I am not here to do that. I am here to commend France, because since July 2020 we have made more than 500 arrests, dismantled 21 organised crime groups and prevented more than 23,000 crossings. So I thank our French friends for their efforts in that regard. I hope they continue and perhaps improve. Who knows? There may be room for improvement.

The noble Lord, Lord Coaker, asked me a bit about Rwanda in relation to women from Iran. With the exception of unaccompanied children, any individual who has arrived in the UK through dangerous, illegal and unnecessary methods since 1 January 2022 may be considered for relocation to Rwanda. But decisions will be taken on a case-by-case basis and nobody will be reallocated if it is unsafe or inappropriate. Everyone considered will be screened and have access to legal advice. I cannot be more unequivocal than that, but I take the noble Lord’s point and will certainly raise it in discussions. I hope that satisfies him.

This is a very complex subject. It is a global phenomenon, influenced by multiple and complex factors. I am sure noble Lords are aware of the horrifying statistics of displaced persons around the world. I think this country is trying to do its bit but, obviously, we cannot take all of them. That is just not possible, as my noble friend Lord Lilley noted.

I close my remarks by again thanking noble Lords for their contributions throughout this debate. I understand this remains an emotive issue, obviously. The Government are committed to upholding our domestic and international obligations through safe and legal routes while also securing our borders, upholding our immigration laws and preventing unnecessary and dangerous journeys to the UK. We do not concede that the legislative changes and policy intentions behind differentiation are insufficient or problematic, as proclaimed in the regret Motion. We therefore cannot agree with the stated position of the regret Motion advanced by the noble Lord, Lord Hylton.

[Lord Hylton (CB)]

My Lords, I had slightly expected that this might have been a rather dry-as-dust debate on the precise terms of the regulation. To my delight, it has branched out and blossomed. Many very important issues were raised, so I am doubly grateful to all those who have taken part in it. I note that they have come from all sides of the House. I join in the congratulations made earlier today to the Minister on his new role, and thank him in particular for his precise answers to the several questions that I raised with him in preparation for this debate.

The debate has touched on Rwanda, so maybe I could briefly say why sending people there would be a very bad idea. It is a country with a high poverty level and very poor human rights record. For example, refugees who have protested have been fired on and a number killed. There are strong allegations that refugees who have left Uganda to go to other countries have been murdered by Rwandan agents. I note that Israel had an agreement with Rwanda but has had to abandon it. I very much hope that Denmark will not follow this dangerous and unreliable course, and that development aid will not be used as a bribe to persuade the Rwandans to take external people.

That is all I need to say on that. Having done so, and having thanked those who need to be thanked, I beg leave to withdraw my Motion.

Motion withdrawn.

Nationality and Borders Bill

Lord Hylton Excerpts

Lords Hansard - Part 1 & Report stage
Wednesday 2nd March 2022 Lords Chamber

[Lord Hylton (CB)]

My Lords, I invite the noble Baroness who moved this amendment and her supporter to consider the actual conditions of refugees who have passed through Europe and managed to get somewhere near our shores. They usually face closed frontiers. They probably live rough over a considerable period, being chased, for example, by the French police and the garde républicaine de sûreté. They are tear gassed, pepper sprayed and so on. Can they always be expected to have retained their correct documentation?

[Lord Davies of Stamford (Lab)]

My Lords, I have been following this Bill since its inception. I have not spoken up to this point, but I have been increasingly concerned about the effect of this particular legislative initiative and its potential impact on our reputation internationally, which had been very good in this area up to now, largely because of our role as one of the founding signatories of the refugee convention.

The present situation is one about which the Government are clearly not being frank with the public and the House. My noble friend Lord Rosser quoted chapter and verse very effectively just now when he quoted the Minister saying that at one point she was in favour of, and at another point against, having reciprocal return agreements with other countries. If she wants me to give way to her, I am happy to do so. We should know the answer to that. We should know the answers to things we do not know the answer to. For example, in this country, are we committed to not breaking up families? Can we assume it is a guiding and regular principle that we will not break up families? If we do break up families of asylum seekers or otherwise, we shall be acting completely outside the pale of civilised behaviour. That would be extremely worrying to an awful lot of us.

The Government are known, in international rumour, to be in negotiation with a number of African countries—Rwanda, for example—on establishing some sort of camp or facility to take failed asylum seekers from this country, but we do not know what the terms of such an arrangement would be. The Government have not been frank enough to tell us. There are a lot of rumours going around, most of which are very unattractive. I hope the Government might do something about that.

There is a fundamental weakness at the root of what the Government are trying to structure here. People who have come in small boats and hidden in lorries have been accused of coming here illegally. Logically, one can see the reason for that accusation, but there is no way in which they can come legally, as far as I can see. The Government should think about setting up an office in, say, Dunkirk, Calais and Boulogne-sur-Mer so that there will be some direct contact with these potential illegal immigrants. It would not cost that much. They could make some progress in filling out forms and getting an initial reaction from the bureaucracy to their claim. That might be helpful all round.

The fact is that the Government are proceeding in their own way and have not always been very straight- forward with us. I hope that changes. I think all of us remember from our school days the Spartans in ancient Greece. They led a terrible life and were third-class citizens.

--- Later in debate ---

What was needed was emergency visas. She could have gone to our embassy, secured a visa for her son and got out within days. Instead, weeks passed and she ended up dead. We must have ways of responding to these situations rapidly. My Amendment 50 allows that kind of visa to exist for those facing imminent risk of death, and it should apply to people who, perhaps for reasons of religion, or reasons to do with their personal characteristics, might be in the same mortal danger. I hope that the House will support this amendment too.

[Lord Hylton (CB)]

My Lords, we have heard some very moving speeches. Because I have consistently spoken over the years in favour of family reunion, I will say something about Amendments 47 and 48, which I support. I urge the Government to take them away and combine the best points from both of them into something workable, practical and possible to implement.

It is most important that children and young people who are already here should be able to sponsor their close relatives, and, conversely, older people here should be able to sponsor their younger next of kin.

[Lord Green of Deddington (CB)]

My Lords, I offer just a sentence on some of these amendments.

On Amendment 48, we need to bear in mind the risk that if we set up what is now proposed, children who are not yet in Europe will feel obliged to take quite serious risks to get into Europe to take advantage of it. With regard to Amendment 49, Syria is a good example. We decided that something needed to be done. We chose a target that, if you like, was doable—5,000 a year—and we did it. I take some encouragement from that. However, we need to be careful about the numbers, because we are already taking 40,000 a year, and if the Channel gets any worse that could be 70,000. We need to be careful not to lose the public’s support, which underlies all this.

Lastly, on Amendment 51, I have a good deal of sympathy with the comments of my noble friend Lord Alton on the Yazidis and others in Iraq. It may be that we should aim to do something similar to what was done over Syria, but again with a cap, in case the numbers run out of control. That has, indeed, been included in subsection (4) of the amendment, I think.

I mentioned public opinion, which changes from time to time. There is certainly very strong opposition to what is happening in the Channel; there is widespread public feeling that the Government, having promised to reduce immigration, have in fact lost control of the Channel. That, indeed, is the case. We cannot really expect the public to distinguish very clearly between asylum and other kinds of immigration. They are very uneasy, and in taking policy forward we need to keep that well in mind.

Refugees and Asylum Seekers

Lord Hylton Excerpts

Monday 28th February 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

It is absolutely for the UNHCR to comment on our interpretation of the refugee convention, but it is for Parliament to determine our interpretation of it.

[Lord Hylton (CB)]

My Lords, is it not surprising that this Government are trying to legislate to enact their own interpretation of the convention without apparently consulting anyone else in the rest of the world?

[Baroness Williams of Trafford (Con)]

We do consult our partners, including the UNHCR.

Nationality and Borders Bill

Lord Hylton Excerpts

Lords Hansard - Part 2 & Committee stage
Tuesday 1st February 2022 Lords Chamber

[The Lord Bishop of Durham]

My Lords, I support this as a probing amendment and support everything that has been said. If I was to add anything, I would say that this could apply equally to some people who are facing religious persecution: so Sikhs, Hindus and Christians in Afghanistan would say that they are under serious threat at the moment, for example. I wonder whether I can put some words in the Minister’s mouth. Without delay, can she undertake that the guidance that is to come states categorically that it will be from a trauma-informed basis rather than simply circumstantial?

[Lord Hylton (CB)]

My Lords, in very few words I would like to welcome and support Amendment 40, moved by the noble Baroness, Lady Lister. I do so from the experience of asylum and immigration Bills over the last 20 or 30 years, and for the reason that what used to be known as the Medical Foundation, and is now called simply Freedom from Torture, has repeatedly pointed out the necessary delay before people who pass through traumatic experiences are willing to reveal what has happened to them. To do so, they need relationships of trust and confidence with those with whom they are dealing. So if, perchance, Clause 11 survives in some form or other, I hope that the principles of the noble Baroness’s amendment will be somehow incorporated.

[Baroness Hamwee (LD)]

My Lords, this will not be the last time we talk about the need for a trauma-informed approach. I think the expression “necessary delay”, used by the noble Lord, Lord Hylton, is very useful and applies much better to this situation than “without delay”, which is what we are faced with.

Even without the background and experiences referred to in this amendment, I cannot imagine undertaking the sort of journey that most people fleeing from the situations they are in will have undertaken. Any asylum seeker will be in a pretty awful state. Many will be anxious about authority figures. It is incumbent on us to ensure that they are not retraumatised. We should not require them to present a coherent explanation and make a claim so quickly.

The noble Lord, Lord Hylton, talked about the possible survival of Clause 11. I would add Clause 36 to that. I do not think this provision can be read without looking at Clause 36, which deals with Article 31 of the convention. Clause 36(2) says:

“A refugee is not to be taken to have presented themselves without delay”—


“presented themselves” is the phrase used in Clause 11—

“unless … they made a claim for asylum as soon as reasonably practicable after their arrival in the United Kingdom.”

I do not think it is necessary to read the whole clause.

I hope the Minister can explain how, in practical terms, given the life experiences that we are suggesting, “present” and “make a claim” relate to one another. Does making a claim

“as soon as reasonably practicable”

mean presenting the substance of a claim? If I read these two clauses correctly, we now have “presenting oneself” and “making a claim”. Failure, under Clause 11, to present not just oneself but one’s claim takes one straight into the territory of late evidence and all the horrors of criminality and second-class status.

Nationality and Borders Bill

Lord Hylton Excerpts

2nd reading
Wednesday 5th January 2022 Lords Chamber

[Lord Hylton (CB)]

My Lords, I cannot welcome the Bill. It does not deal with the protection and care that people urgently need when forced to leave their country. I will speak about the context of the Bill, reuniting families, and humanising our policy on refugees.

This country is relatively sheltered against the consequences of wars and persecution elsewhere. In 2020, Germany received four times as many asylum applications as we did. The great bulk of displaced people and refugees remains in poor countries.

Since we left the European Union, over 1 million people have left the UK, so that we now have serious shortages of HGV drivers, builders, and health, hospitality and care workers. One might think that there was now a little scope for cautiously relaxing migration and asylum policy, but no. The Bill is restrictive and discriminatory. It does not open new safe and legal routes for entry. However, I give the Government credit for proposing the Afghan citizens resettlement scheme.

Recently, the UK resettled some 5,000 refugees each year, mainly through the vulnerable persons scheme. In the year to September 2021, that figure fell to 1,171. We should note that the United States and Canada have both increased their resettlement targets for 2022.

Since 1999, I have called for family reunion to guide our approach. It is an all-round winner for the families, and for their integration into work and communities here. It helps the Government through savings on benefits, health and policing. Such thoughts have perhaps begun to sink in, because it is claimed that family reunions have helped 35,000 people over the past five years. If that is true, I warmly welcome it. Refugee children, as well as adults, who are already here should be enabled to sponsor their close relatives to come here. They should be allowed legal aid to deal with access to visas and similar matters. It would be a flexible way of helping small numbers of urgent cases that would otherwise go unaided.

Her Majesty’s Government could do more to improve the system. For example, they should tackle the backlog of undecided asylum cases, as several speakers have mentioned. It is currently about 72,000 or more. Long ago, I suggested a review panel with an independent majority to speed up work on the cases that have been outstanding the longest.

The period during which asylum applications may not take paid work should be reduced to six months, in line with other comparable states. Destitution should be reduced among unsuccessful asylum applicants by allowing them to work until such time as they can be removed. The length of time that any person can remain in immigration detention should at long last be limited. The details are, of course, complicated. However, they are not insuperable.

Old army barracks and other unsuitable places should not be used as reception centres for new arrivals. As we heard from my noble friend Lady Hollins, these have already harmed the mental and physical health of inmates.

Like the right reverend Prelate the Bishop of Durham, I have tried to pinpoint ways our system can be made more humane. We thought that the infamous hostile environment had ended in this country. Will the Minister confirm that this is so? I go further and call for an end to the automatic culture of disbelief when assessing refugees.

Blaming others, such as the French authorities or the traffickers, has been tried and failed. We should put our own house in order by adopting a humane policy. All agencies in Britain must work together. As has been said, we need international co-operation to close supposedly temporary refugee camps and to achieve resettlement.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Lord Hylton Excerpts

Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020 Lords Chamber

[The Earl of Sandwich (CB) [V]]

My Lords, here we are again. I recall many occasions like this in the past, and I see some familiar faces. This is my first intervention on this Bill, and in view of what has already been said, I will be very brief.

As we have heard, these amendments contain the accumulated wisdom of several legal experts and several trusted organisations over many years. Put simply, not only is it wrong and inhumane under our normal rules and customs to lock up detained people for long periods, we do not have to do it, except in very few cases. The right reverend Prelate made it clear that people must not be locked up indefinitely. Look at the consequences: the noble Baronesses, Lady Hamwee and Lady Lister, mentioned cases of self-harm, trauma and suicide.

No one should be redetained. Removals are necessary—they have to be done—but they must be arranged more efficiently so that the relevant documents are in place. If they cannot be so arranged, and removal is not imminent, there must be an automatic bail hearing with judicial oversight.

This generous amendment, which has been carefully crafted, provides six months’ grace for the Government and will save them a lot of money. I know immigration is causing a lot of problems, but surely the Home Office should finally accept this amendment now or before we have a vote on Report, which otherwise seems inevitable.

[Lord Hylton (CB) [V]]

My Lords, I apologise for not taking part in this Bill until now—perhaps a relief to your Lordships. However, I would like to emphasise that the hybrid proceeding is no way to conduct the Committee stage of a Bill with so many implications. I asked the usual channels to look seriously at what the noble Lord, Lord Cormack, said last Monday on returning to more normal procedures.

I support Amendment 39 and the others in this group. In connection with bail, is there now a backlog in applications for bail from immigration detainees? If so, what are the Government doing to ensure that such applications are promptly heard?

These amendments point to a much wider need to reduce the use of immigration detention, which is expensive and harms the mental health of detainees, sometimes leading to suicide. I understand that the UK is the only European state to allow detention for an unlimited period. Even in the case of foreigners convicted and jailed, with a recommendation for deportation, better co-ordination between the Ministry of Justice and the Home Office should ensure that deportation takes place immediately on release from prison. I hope to have a positive reply on this point to a Question for Written Answer recently tabled.

In conclusion, I note that the June report from the National Audit Office stated that total voluntary and forced returns to other countries had fallen dramatically since 2015. This is perhaps understandable, given coronavirus and a lack of flights. The report also spotted regional variations in enforcement. Much intelligence is still not being assessed or used. I trust, therefore, that enforcement will soon improve and that official statements will avoid terms that increase fears and xenophobia, such as the labelling of all unofficial landings or arrivals as “illegal”. I trust that progress will be made on all angles of this group before Report.

[The Deputy Chairman of Committees (Baroness Henig) (Lab)]

The noble Baroness, Lady Jolly, does not wish to speak. I call the noble Lord, Lord Kennedy of Southwark.

Calais: Refugees

Lord Hylton Excerpts

Thursday 2nd November 2017 Lords Chamber

[Lord Hylton (CB)]

My Lords, I urge Her Majesty’s Government to listen carefully to the NGOs working in northern France. By day and night, all year round, they provide food, clothing, bedding and first aid to refugees. I know of six British NGOs and at least two French ones. Their personnel have sometimes been harassed by the French security forces. They have seen refugees being teargassed and pepper sprayed, as has been mentioned. We must hope that the criticisms by the French courts and the French ombudsman will lead to less brutal policies. The number of refugees sleeping rough has already been given by the noble Lord, Lord Roberts, so I shall not repeat it. It is not large.

The French Government could help by identifying unaccompanied children for the protection and shelter they deserve. France should consider providing refugee application points nearer to Calais and Dunkirk—that point was made by the noble Lord, Lord Dubs. Her Majesty’s Government could do more for unaccompanied children in Europe and Turkey. Our embassies and consulates could be welcoming reference points working with the UNHCR to identify children who may qualify for reasons of family reunion or extreme vulnerability to come to this country.

We need far better co-operation in this field between statutory and voluntary agencies, our two Governments and the UN agencies. We could make far better use of sponsorships by families here of other families or unaccompanied children who could come here. There is a Canadian model for this to work on. It is not sufficient for our Government to say that we have one or two liaison officers in certain European countries. That will not solve the problem.

--- Later in debate ---

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

My Lords, I thank the noble Lord, Lord Roberts of Llandudno, for securing a debate on this important issue, and I pay tribute to his tenacity on this subject. I thank all noble Lords who have taken part today.

The UK is a global leader in responding to the needs of those affected by conflict and persecution, and we have a long and proud history of offering sanctuary to those in need of protection. Many noble Lords have talked about the figure of 480 children, but in the year ending 2017 the UK granted asylum or another form of leave to more than 9,000 children, and has done so for more than 42,000 children since 2010.

On the noble Lord’s question about the conflict in Syria, we have pledged £2.46 billion in aid and we will resettle 20,000 people to the UK by 2020 under our vulnerable persons resettlement scheme. He asked how many so far. The answer is more than 8,500 individuals are already here, around half of whom are children. We will resettle 3,000 of the most vulnerable children and their family members from the Middle East and north Africa region by 2020 under the vulnerable children’s resettlement scheme. Further to that, Eurostat figures show that in 2016 the UK resettled more refugees from outside Europe than any other EU member state, and in total over one-third of all resettlement to the EU was actually to the UK.

Our efforts do not end there. In order to reduce suffering along the key migration routes, as my noble friend Lady Morris pointed out in her eloquent speech, we assist vulnerable people on the move, inform them about the risks of onward journeys and support alternatives, such as voluntary return or resettlement in a third country. Since October 2015 we have allocated more than £175 million in humanitarian assistance to the Mediterranean migration crisis. This support has provided lifesaving assistance such as shelter, water and sanitation, food, medical care, and protection for the most vulnerable migrants and refugees. It has helped to build the capacity of host Governments to manage migration so that it is safe and orderly.

A number of noble Lords, including the noble Lords, Lord Roberts of Llandudno and Lord Rosser, and the noble Baroness, Lady Hamwee, asked about Calais. The UK provided comprehensive support, following a request from the French Government, for the clearance of the Calais camp last year. This included the safe transfer of more than 750 unaccompanied children from France to the UK, and a commitment of £36 million, as the noble Lord pointed out, to help to provide alternative accommodation elsewhere in France for migrants and to maintain the security of the border controls in Calais, which are a critical part of our national security.

One year on from the Calais camp clearance, the Government welcome ongoing French efforts to manage what continues to be a challenging situation in the area. We welcome the French Government’s recent decision to deploy more police to the region and to continue to provide alternative accommodation for migrants elsewhere in France. France has many of the same international obligations as the UK towards those on its territory, and migrants in France are the responsibility of the French Government. I know that noble Lords have become frustrated by me saying that time and again, but France is a democratic country and it is true that migrants in France are the responsibility of the French Government.

We also enjoy excellent law enforcement co-operation with the French authorities and other European partners. We have increased our intelligence sharing and operational co-operation with the French through the establishment of the joint centre for information and co-ordination in Calais. Through the Organised Immigration Crime Taskforce, we have deployed officers from the National Crime Agency, Border Force, Immigration Enforcement and Crown Prosecution Service to numerous European countries, including France, to work with law enforcement and criminal justice partners on tackling the organised crime groups that facilitate people smuggling. Just last week there were 11 arrests in the UK for people smuggling under Operation Halifax—a Europe-wide investigation into an international organised crime gang that was smuggling migrants across Europe and into the United Kingdom. Key to our co-operation with European partners is the intelligence exchanged through the European Migrant Smuggling Centre, which leads Europol on organised immigration crime.

I want to be clear that there is no need for migrants to return to Calais and the surrounding areas in the hope of travelling illegally to the UK to claim asylum here. France is a safe country and those in need of protection should claim asylum at the earliest opportunity. In the Government’s regular engagement at ministerial—

[Lord Hylton]

Will the noble Baroness be kind enough to address the language question? These people, if they know any European language, know English.

[Baroness Williams of Trafford]

My Lords, that is absolutely true, and there is regular support to that end in France. I assume the noble Lord is talking about France.

We have established additional welcome centres for people already in place across the country, and four new centres have recently opened away from the juxtaposed ports, where those wishing to claim asylum will be supported through the asylum process—I am guessing, with language help as well. Regular transportation is provided to these centres.

We are well aware of reports—noble Lords have mentioned this this afternoon—that unaccompanied children are among those who have returned to Calais. I would again emphasise that any children who are in the area should claim asylum or otherwise seek support from the French authorities. We continue to work closely with France and other member states to deliver the transfer of 480 unaccompanied children from Europe to the UK under Section 67 of the Immigration Act 2016. A High Court ruling handed down today confirmed that the Government’s approach to implementing Section 67 was lawful. The focus for the Government, working together with local authorities and other partners, must be on transferring eligible children to the UK as quickly as possible, with their safety and best interests at the centre of all our decisions. Children have arrived in recent weeks from France and transfers are ongoing. We have been working closely with Greece to put in place the process for the safe transfer of eligible children to the UK, and expect to receive referrals in the coming weeks. That answers the point made by the noble Lord, Lord Kerr. This is in addition to our ongoing commitments under Dublin.

Here in the UK, for the year ending June 2017, I say again, we granted asylum or another form of leave to more than 9,000 children, and to more than 42,000 children since 2010. The Government are fully committed to ensuring that unaccompanied asylum-seeking children and refugee children are safe and their welfare is promoted once they arrive in the UK. That is why the Government published yesterday a safeguarding strategy for unaccompanied asylum-seeking and refugee children in recognition of their increasing numbers and specific needs. The strategy includes commitments to increase the number of foster places, review the funding available to local authorities that support unaccompanied children, improve the information and advice available to children and their families, and prevent children going missing.

The noble and learned Baroness, Lady Butler-Sloss, asked about the Dublin regulations. The Home Office today published the Dublin III Regulation guidance, which covers decisions relating to the state responsible for examining an asylum claim and transfers between the UK and other European states in respect of adults and children. It is important that this House recognise that Dublin is a two-way co-operation measure which concerns adults as well as children. On the specific case mentioned by the noble Lord, Lord Alton, I will certainly respond to him about that.

The noble Lord, Lord Dubs, highlighted the local authority point. Local authorities, as he will know, have been tremendously generous in caring for migrant children, regardless of their circumstances. Every region in England is now participating in the national transfer scheme and, if we are to continue to make that scheme a success, we need more local authorities to come forward and offer places—a point I have made to the noble Lord on many occasions.

To answer the question from the noble Lord, Lord Rosser, last year we substantially increased funding to local authorities, which are responsible for supporting unaccompanied asylum-seeking children. As of the start of July 2016, local authorities now receive £41,610 a year for each unaccompanied asylum-seeking child aged under 16, and £33,215 for unaccompanied asylum-seeking children aged 16 and 17. This represents a 20% and 28% increase in funding, respectively.

My noble friend Lady Berridge mentioned Christians and members of other religious groups. We are very clear that our scheme will prioritise the most vulnerable refugees and that is why, under the VPRS, UNHCR identifies refugees for resettlement using its vulnerability criteria. Membership of a minority religious group is not, in and of itself, one of the vulnerability criteria, but members of minority religious groups may qualify under one of the other criteria.

Finally, I will answer the question from the noble Baroness, Lady Hamwee, on the pull factor, which my noble friend Lady Stroud also mentioned. We acknowledge that there are both push and pull factors affecting migratory flows. We know that the French authorities are concerned about Calais and the northern coast of France being a pull factor, and we share that concern. Those in France should claim asylum in France—that is the safest and fastest route to safety.

With that, I thank noble Lords for taking part and, in particular, the noble Lord, Lord Roberts, for securing the debate.

Hamas

Lord Hylton Excerpts

Tuesday 31st October 2017 Lords Chamber

Asked by

[Lord Hylton]

To ask Her Majesty’s Government what consideration they are giving to removing Hamas from their list of terrorist organisations, in the light of its reconciliation agreement with Fatah and reports of its willingness to hold new elections and to recognise the international frontiers of Israel.

[Lord Hylton (CB)]

My Lords, I declare an indirect interest in that since 2007 I have visited many Hamas leaders in both Gaza and the West Bank. I beg leave to ask the Question standing in my name.

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

My Lords, the military wing of Hamas is a proscribed organisation. It is not government policy to provide a running commentary on any proscribed organisation. The Terrorism Act 2000 allows the Home Secretary to consider deproscription by written application.

[Lord Hylton]

My Lords, I thank the Minister for her reply. Of course I did not expect her to say yes immediately. Nevertheless, does she agree that the situation has changed profoundly since Hamas was first listed? Would delisting not help all sides to be rather less intransigent than they have been up to now? Would it not build confidence among all Palestinians and help support their new Government of unity? Will she at least take away this Question and discuss it with her ministerial colleagues, since it crosses departmental boundaries?

[Baroness Williams of Trafford]

I acknowledge that the noble Lord raises a challenging and complex issue. It is difficult to predict the impact that a particular course of action may have as the situation is so complex. The UK remains a strong supporter of promoting peace.

Drugs Policy: Departmental Responsibility

Lord Hylton Excerpts

Tuesday 7th February 2017 Lords Chamber

Asked by

[Lord Hylton]

To ask Her Majesty’s Government what consideration they have given to transferring responsibility for drugs policy and the rehabilitation of drug users from the Home Office to the Department of Health.

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

My Lords, responsibility for achieving the aims in the drugs strategy is shared across a number of departments. Drug treatment, which will include the rehabilitation of drug users, is the lead responsibility for the Department of Health. Successful delivery of the strategy requires effective governance and accountability, which is provided by the Home Office. There are no plans to transfer overall responsibility for the drugs strategy away from the Home Office.

[Lord Hylton (CB)]

My Lords, I expected a slightly diffuse answer, but is the Minister aware that changes of the kind I suggested are strongly supported by the British Medical Association and the Royal College of Psychiatrists? What is more, they have already been implemented in such countries as Canada, Switzerland and Portugal, with good results. Will the noble Baroness use her personal influence to get policies that reduce harm to drug users and cut the profits of organised crime and pushers that are so necessary given the doubling of deaths from opiates in just four years?