Nationality and Borders Bill

Debate between Lord Hylton and Lord Dubs

Committee stage
Tuesday 8th February 2022 Lords Chamber

[Lord Dubs (Lab)]

I am grateful to the Minister for giving way. I hate to go over the past, but the whole point of having the Dublin III treaty in the 2017 Act—which was taken out in the 2019 Act, as I said—is that it has to be based on reciprocity. That was a sensible way forward; it is why we wanted to go down that path. That was the path blocked by the Government in the 2019 Act.

[Lord Hylton (CB)]

The noble Baroness has twice in my hearing given the figure of 39,000 humanitarian visas for family reunion. Between Second Reading and Committee, I asked a Written Question on how many of those had been taken up, because I foresaw that force majeure, poverty or some other reason would prevent many of them actually being used. I got one of those answers saying, “We really cannot find or give you any figures.” Can the noble Baroness be a little more helpful on the real results of those visas?

Kindertransport Commemoration

Debate between Lord Hylton and Lord Dubs

Monday 26th November 2018 Lords Chamber

[Lord Dubs (Lab)]

My Lords, many of you will be familiar with the plaque just off Central Lobby in the House of Commons, which was unveiled in 1999 and says:

“In deep gratitude to the people and Parliament of the United Kingdom for saving the lives of 10,000 Jewish and other children who fled to this country from Nazi persecution on the Kindertransport 1938-1939”.


It is a big thank you that we rededicated about a year and a half ago in the presence of the Chief Rabbi, the most reverend Primate the Archbishop of Canterbury and the Speaker of the Commons. I was one of the children who came under that scheme.

The House of Lords Library has produced an excellent briefing on this, for which we should say thank you. It helps to inform our debates and it is a pretty good way of getting the debate started.

The importance of 1938-39 is that, in under 12 months, Britain accepted 10,000 unaccompanied children. It goes without saying that we are all familiar with Nicky Winton’s contribution to those who came from Prague. He died about two years ago, but he made an enormous contribution: 669 children came from Czechoslovakia. Others came from Germany, Austria and I think some from Poland.

I understand that the British Government set a condition that children were to be aged 16 or under and were to come to Britain strictly on the condition that they would be emigrated when they reached 18. I say to the Government and the Home Office: I am still here.

A couple of weeks ago we held a commemoration, hosted jointly with Barbara Winton, daughter of Nicky Winton, and arranged by Safe Passage at Friends House. We had a very distinguished group of people there: the most reverend Primate the Archbishop of Canterbury, the Chief Rabbi, the emeritus Catholic Bishop of Southwark, a German Protestant bishop, Islamic scholar Sheikh Babikir, the Immigration Minister and Dame Esther Rantzen, as well as Kindertransport survivors and recently arrived child refugees. We had 1,000 people there. It was intended to set off a campaign for us to do better than we are doing at the moment. Last week there was another event in Speaker’s House. Many MPs and others read excerpts from Hansard of late 1938 leading up to the decision of the House of Commons to agree to accept child refugees.

We have set out all along that there should be all-party support as a basis of the campaign for unaccompanied child refugees. Many amendments were moved from the Back Benches. We deliberately sought to gain the support of Government Back-Benchers, as well as those of opposition parties. We called the campaign that started at Friends House Our Turn—our turn to do more. The best way to commemorate the 1938 decision is for the UK to agree to accept 10,000 unaccompanied child refugees over the next 10 years. That is 1,000 per annum, or three per local authority. It is a very modest request indeed, but with an additional difference that these would come from not just Europe but the region. We already have schemes in the region; I will refer to those in a moment. Recently, I visited a refugee camp in Jordan, and a little bit earlier I was on the Greek island of Lesbos, looking at the camps there.

In 2017, nearly 33,000 children arrived in Europe, mainly unaccompanied. In Greece there are estimated to be 2,800 children waiting for a place in a shelter, living in camps or on the streets—and conditions are pretty awful. On Lesbos, which I visited, conditions are very depressing. I appreciate that the Greek authorities are doing their best, but they are not able to cope very well and they really need a bit more international help than they are getting—although I will say that refugees in Athens are better placed than those on the islands. In Zaatari camp in Jordan, where I was two and a half to three weeks ago, physical conditions are better, but if there is one characteristic feature of refugee camps that is most alarming it is the lack of hope. Even if physical conditions are depressing, where there is hope, human beings can sustain themselves—children can. But where there is no hope, it is absolutely depressing, and what I saw in the camps on Lesbos was a lack of hope. Even in Zaatari in Jordan, where the physical conditions are better, because people are now in prefab huts rather than in tents, there is still a lack of hope.

To date, our record is not wonderful. Under Section 67—the amendment I moved—we have accepted 280 unaccompanied child refugees from Europe. The Government arbitrarily said that they would cap the number at 480. It was quite an arbitrary decision and I will refer to it in a moment. Then, under the Dublin treaty we have taken about 800. That is the treaty whereby a child in one EU country can join relatives in another: and 800 came from France and some from Greece to join relatives here. I am pleased to say that Parliament passed an amendment to an earlier piece of legislation to say that the Dublin III treaty should be maintained even after Brexit. In other words, we will go on acting as if we were members of that treaty, so we can still accept children from those countries—or, indeed, if they are here they can join relatives in other EU countries.

Then we had the vulnerable persons resettlement scheme, which the Government set up to take 20,000 refugees—not just children—over five years. To this were added 3,000 mainly children. I understand that of the 3,000 mainly children we have had only about 200 so far, although it was a government commitment. Maybe the figure is better than that and I hope that the Minister can reassure me on that. In the original Section 67 the Government set the cap at 480 because it was alleged that local authorities did not have enough foster places for the children. I have to say that my evidence is different. Recently we have had pledges from local authorities offering 800 places, and even before we asked for these pledges quite a number of local authorities said they were willing to come forward—so I am disappointed that the Government have put on an arbitrary cap. Not that we have reached that figure; we are only just over half way there.

The answer is simple: we should keep the scheme going and accept unaccompanied child refugees at the same speed that local authorities come forward with places. It seems very easy and straightforward. There is, however, a problem, which is funding for local authorities. Some are finding it quite difficult because they get some money for the first year, after which the going is much more difficult. So a little bit more funding would be extremely helpful.

I want to make one thing absolutely clear: I do not argue and have never argued that Britain should take all these unaccompanied child refugees—far from it. That would be unrealistic and not very helpful. I think we should share responsibility with other countries. Some other countries, such as Germany and Sweden, have done a pretty good job. Some deny that refugees are anything to do with them, such as the Hungarians. They say that refugees are not their problem and they are interested only in white Christians—which is really not in keeping with the best humanitarian traditions of Europe. So we should share responsibility and in a sense my plea in this debate is not just to the Government but to all European countries, as well as to Northern Ireland and the Crown dependencies.

I will say a quick word about Northern Ireland. There are people in Northern Ireland who have said to me that they are quite willing to take child refugees. The issue has got stuck on whether there is a power for Northern Ireland to take unaccompanied child refugees under Section 67 in the absence of an Executive. Opinions vary on this, and I understand that the Government are looking into it to see whether it might be possible. I cannot see for the life of me why Northern Ireland should not be able to take refugees: I am not sure what the Executive would have to do with it. I deeply regret that there is no Executive there, but I do think we could make progress there and that the people of Northern Ireland would like to go ahead. The issue has also been raised with the Crown dependencies and they are thinking about it—although the Isle of Man defeated a proposal to take refugees by one vote last week. Northern Ireland is there waiting for the Government to respond and say, “Yes, something can be done”.

The crucial part of all this is public opinion. We must get public opinion onside. In 1938-39 public opinion was by and large supportive of child refugees. I believe that the same is true today. Whatever the arguments and concerns around immigration, I believe that if it is put to the British people that we can do more for unaccompanied child refugees than we have done until now, most British people will say, “Yes, we could. Yes, we should”. There is no public opinion to be frightened of. I urge the Government to make a positive contribution by responding to this debate in a positive way.

[Lord Hylton (CB)]

Does the noble Lord have any estimate of the number of unaccompanied children still wandering about somewhere on the continent, without any care or reception or anything? If he could give that, it would stimulate the generosity of potential fosterers and adopters in this country.

[Lord Dubs]

My Lords, these figures are rough estimates but I understand that in 2017, 33,000 children—many unaccompanied—arrived in Europe. In Greece nearly 3,000 children are currently waiting for a place in a shelter, living in camps or on the streets, in deplorable and dangerous conditions. There are also several hundred in France and an unknown number in Italy.

Immigration Bill

Debate between Lord Hylton and Lord Dubs

Monday 1st February 2016 Lords Chamber

[Lord Dubs (Lab)]

My Lords, I support the thrust of these amendments. I shall refer to two or three specific points. Amendment 216 is very moderate and the Government ought to have no difficulty in accepting it. The sort of review envisaged would give us more information; I think it would help to make the arguments clearer and might well come out more in favour of the tougher amendments that are also part of the group. It is up to the Government to say why they do not want this information to come to light and why they are against such a moderate amendment.

I turn to the question of time limits. I agree very much with the points that have been made. To detain vulnerable people and to give no sense of how long they are to be detained is not something that we as a country should be proud of doing. In a debate today on earlier amendments, it was put to us by the Minister that if people were in detention, they had other ways of getting out and processes they could go through—I think one example was judicial review and another was habeas corpus. It would be very difficult to achieve these safeguards, costly without legal aid to pay for them and indeed costly for the Government to defend such cases if people had the power to bring them. I do not think that that is a positive way forward.

Apart from supporting time limits, I also support the point made so clearly by my noble friend Lady Lister: to detain pregnant women must be entirely unacceptable. They are not going to run away, they can be of no danger to society, and I cannot understand what benefit there is to the country or to anybody else in detaining people who are so vulnerable by definition of their pregnancy. That also goes for some of the other categories listed in Amendment 216ZC, such as victims of torture. How can we contemplate detaining victims of torture, who surely have already suffered enough? For some of these people Britain is a country of hope, with high standards, and when they find that the way they are treated does not meet those high standards, as the noble Lord said, hope is gone.

So I very much hope that the Government will come forward with some positive responses to these amendments. We cannot as a country allow our reputation to be blemished and besmirched by the practices we adopt in detaining some of these people, who surely have more rights than we give them at the moment.

[Lord Hylton (CB)]

My Lords, at Second Reading I said that indefinite detention without charge was completely repugnant to public opinion in this country. Therefore I welcome Amendment 216 and other amendments in this group. It is hard to imagine a subject which calls out more loudly for review than this one. My noble friend Lord Ramsbotham, with his long experience of inspecting official institutions, pointed out very strongly that for years now we have been subject to drift on this very subject. We have excuses, palliatives and promises, which have fairly seldom been fulfilled.

It may help if I give some figures on the length of time that people have been held. During the full year 2014, 857 people were held for longer than six months, and by the time that those people had been released, 26 had been detained for between for between two and four years and one person had been held for over four years. Of course, these figures do not include those held in prisons under immigration powers. Of the 161 people who were released after more than 12 months, only 70 were actually removed from this country, while 86 were granted temporary admission, temporary release or bail. That throws some light on the seriousness of how things have been running lately.

Immigration Bill

Debate between Lord Hylton and Lord Dubs

Monday 17th March 2014 Lords Chamber

[Lord Dubs (Lab)]

My Lords, as has been said, this issue has been with us for a long time. I still find it hard to understand why we persist in saying to people, “You will be destitute because we want to make your life uncomfortable in the hope that you’ll go away”. I cannot think of any other reason why we have this policy. Surely it is humiliating to people who have skills and could contribute to our society for us to say to them, “No, you may not do that”. If any of us were in that position, what would we do? Would we be destitute or would we work illegally? I suspect that we would work illegally, and there are of course jobs like that to be found.

I do not recommend that people work illegally but I do recommend that people should not be put in the position where they have very little choice. This is a very unhappy situation for people. There would be no cost to public funds; indeed, if people had a job, that would benefit public funds because they would pay national insurance and income tax. No Chancellor of the Exchequer needs to be frightened of this. This is a point of simple humanity. For heaven’s sake, let us change the present policy.

[Lord Hylton (CB)]

My Lords, I support both amendments and congratulate the noble Lord, Lord Roberts, on tabling them. I am very impressed by the generosity of the British public in supporting both detainees and asylum seekers in many different ways—for example, the detainee support groups attached to almost every detention centre.

Regarding Amendment 72, is it the case that individuals have not been able to get to bail hearings simply because they are in extreme poverty? Bail hearings are one way of reducing the number of people in detention—and a good way, I suggest. The British public have shown their generosity by their willingness to provide bail in such cases.