Family Migration (Justice and Home Affairs Committee Report)

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Wednesday 20th September 2023 Lords Chamber

[The Parliamentary Under-Secretary of State for Migration and Borders (Lord Murray of Blidworth) (Con)]

My Lords, like many other noble Lords, I begin by thanking the noble Baroness, Lady Hamwee, for both securing this debate and chairing the committee. I am very grateful to all who have contributed to our discussion today, and I offer my thanks too to the Justice and Home Affairs Committee for its in-depth assessment of the family migration system and its considered recommendations for improvement.

I am sorry that noble Lords were not satisfied with the government response. I can confirm that the Government have read, taken on board and responded to these points, but of course I welcome the opportunity to hear the views of the House on this subject, which is one of wide interest.

I turn to the principal recommendations and will address them in turn. First, on the comments of the noble Baroness, Lady Hamwee, on harmonising routes, I note that the Government recognise that there is a need to simplify and consolidate the family Immigration Rules, and we are committed to doing so in line with the recommendations of the Law Commission’s report of 2020. Our first tranche of updates was introduced in June 2022, alongside the simplified private life rules. However, of course reform needs to be done properly, and the Government believe that there are risks in attempting to harmonise the rules for the sake of doing so. Each route serves a specific customer and purpose and there is a correct balance to be struck to ensure that each route has the right conditions of entry and stay for family members.

Given the broad and diverse offer for family members across the immigration system, it would not be right fully to align all the requirements for the various family routes. There are clear differences in the needs of different groups and the purposes behind the rules. Therefore, it is right to harmonise the rules where we can, but in a sensible way, reserving the ability to vary requirements according to the nature and purpose of the route.

In addition, there is a balance to be struck between an individual’s right to a family and private life and the need for effective immigration control and public spending. Tailored requirements on family routes enable Parliament to determine appropriately where the balance lies for different cohorts.

On the noble Baroness’s comments in respect of the diversity of contemporary families, the report recommends taking a broader approach to the definition of family members—one that it says would reflect better the diversity of modern families. The right reverend Prelate raised this point. Contemporary families are diverse, and this diversity can affect how and where families might choose to live. We recognise that some elements of the family rules can be difficult to prove, and that, in modern family life, it is not unusual for parents to work, study or even live in different countries. However, it is important to recognise that the Government’s approach to family life is based on well-established guidance provided by the courts in their interpretation of Article 8 of the European Convention on Human Rights.

I turn to my noble friend Lord Hunt’s very moving address and other noble Lords’ comments in respect of the best interests of the child. The Government are confident that mechanisms are in place to ensure that the best interests of children are fully considered at every stage of the immigration journey, in line with the statutory obligations imposed on the Secretary of State by Section 55 of the borders and citizenship Act 2009. Considering the best interests of the child is at the heart of what we do; it is a central tenet in our policy and operational decision-making. Decision-makers are routinely trained and have access to guidance that makes specific reference to Section 55. They also take into account a range of other relevant legislation in their decision-making.

In response to the noble Lord’s comments that the Government should revisit the existing mainstream immigration pathways rather than create bespoke ones, where possible we use existing pathways in response to events. However, there are some events so critical that we need to provide bespoke routes best to serve the issue at hand. One example was the Ukraine emergency. We are always learning from these in order to adjust our offer.

I turn to the comments made by the noble Lord, Lord Paddick, and the noble Baroness, Lady Hamwee, in respect of adult dependent relatives. The Government disagree with the report’s findings that there is no pathway to the UK for adult dependent relatives, or ADRs. The current ADR route is designed to provide settlement in the UK for those most in need of care, but not for those who simply have a preference to come to live in the UK.

The ADR rules are carefully designed to prevent burdens on the taxpayer, to promote integration and to tackle abuse, and thereby to ensure that family migration to the UK is on a properly sustainable basis that is fair to migrants and the wider community by not being reliant on access to public services funded by UK taxpayers. When the policy was reformed in 2012, the Department of Health and Social Care estimated that a person living to the age of 85 costs the NHS on average around £150,000 in their lifetime, with more than 50% of this cost arising from the age of 65 onwards. These rules were upheld as lawful by the Court of Appeal in 2017.

The impact of medical professionals potentially leaving the NHS was raised by the noble Baroness, Lady Hamwee. This has previously been considered by the Home Office and was part of the review of the adult dependent relative rules, which were published in December 2016. That report considered the very point made by the noble Baroness: the suggestion about the number of NHS staff who support adult dependent relatives overseas is one that should be considered. The report concluded that that number is likely to be a very small proportion of the total population of professionally qualified clinical staff. Furthermore, there is no evidence to show that significant numbers of medical professionals have left or been deterred from applying to work in the UK since the revised adult dependent relative rules were implemented; indeed, record numbers of people are coming from abroad to work for the NHS. In summary, the Government believe that those who choose to come to the UK and ultimately settle here do so in the knowledge that they can be leaving behind family members in their country of origin. There should, therefore, be no expectation that family members will be able to join them in the United Kingdom.

I turn to the financial requirements, which were raised by a number of noble Lords. The Select Committee’s report invited the Government to take a fresh look at the financial requirements set out in the family rules. We will do so. The Government continue to keep the family Immigration Rules under review and make adjustments in the light of feedback on their operation and impact. However, the Government remain of the view that family life must not be established here at the taxpayer’s expense and that family migrants must be able to integrate if they are to play a full part in British life. The purpose of the minimum income requirement, implemented in July 2012 along with other reforms of the family Immigration Rules, is to ensure that family migrants are supported at a reasonable level so that they do not become a burden on the taxpayer and can participate sufficiently in everyday life to facilitate their integration into British society. It has long been a requirement for a family migrant to demonstrate that they are able to support themselves without becoming a burden on the taxpayer, but the purpose of the minimum income requirement is to ensure that that requirement is consistently applied; that is right and fair.

I turn now to the point made by the noble Lord, Lord Wallace, in respect of fees. I am sure all noble Lords would agree that academia, science and research have an enormously beneficial and enriching effect on our society and way of life. I am proud of this Government for launching the global talent scheme to allow those aged over 18 who work in the fields of science, engineering, the humanities, medicine, digital technology or the arts and culture and can demonstrate exceptional talent or promise to apply for visas. Obviously, that topic is at some remove from the matters discussed in the report.

I turn to the noble Lord’s point about the immigration health surcharge. It ensures, I suggest, that migrants make a suitable contribution to the NHS during their stay. The surcharge is set at a level that broadly reflects the cost of providing NHS treatment to those who pay it. Payment of the surcharge enables migrants to access NHS care on broadly the same basis as United Kingdom nationals for the duration of their visa without them needing to worry about healthcare charges or private health insurance. Since its introduction in 2015, the surcharge has raised more than £3.4 billion in much-needed income, which goes to the Department of Health and Social Care and the devolved Administrations for health spending.

As was noted by a number of noble Lords, on 15 September the Government laid regulations that will increase a range of fees across immigration and nationality routes, including those paid by people who want to settle in the UK. The new fees are to come into effect on 4 October. The increases reflect the fact that the majority of fees have not been subject to a significant increase since 2018, despite a context of high inflation and record high migration to the United Kingdom. As the noble Lord, Lord Wallace, noted, fees for immigration and nationality applications play an essential part in the Home Office’s ability to operate a sustainable migration and borders system. It is the Government’s policy that those who use and benefit from the immigration system should contribute towards the cost of operating the system, reducing the burden on the taxpayer. The increases announced by the Government will mean that a greater share of that cost will be met by those users of the system. This will, in turn, allow more funding to be prioritised elsewhere in the Home Office.

I turn to the short remarks made by the noble Lord, Lord Dubs, on safe and legal routes. I am proud that since 2015, we have resettled over half a million people through such routes, and we agree that safe and legal routes are preferable to making life-threatening journeys across the Mediterranean and the channel. That is why we are launching our consultation on safe and legal routes, as required by the Illegal Migration Act, a topic the noble Lord knows well.

Many noble Lords, including the right reverend Prelate the Bishop of Durham, the noble Lord, Lord Griffiths, and the noble Baroness, Lady Ludford, discussed the topic of family reunion. Between 2015 and June 2023, the United Kingdom issued more than 46,511 family reunion visas. More than half of those were issued to children—this is no small feat. The Government recognise that families can become separated because of the nature of conflict and persecution, and the speed and manner in which people are often forced to flee their country. Our refugee reunion policy allows individuals with protection status in the UK to sponsor their partner or children to stay here with them, provided they formed part of the family unit before the sponsor fled their country of origin to seek protection.

We believe that if children were allowed to sponsor parents, this would create a perverse incentive for more children to be encouraged—even forced—to leave their family and risk hazardous journeys to the UK. This would play into the hands of the criminal gangs who exploit vulnerable people and goes against our safeguarding responsibilities. Our policy is not designed to keep child refugees apart from their parents but, in considering any policy, we must think carefully about the wider impact to avoid putting more people unnecessarily in harm’s way.

In response to the point made by the right reverend Prelate the Bishop of Durham, who suggested that the policy was contrary to international or domestic law, a recent judgment of the High Court in the case of DN v Secretary of State for the Home Department ruled in favour of the Government’s policy on child sponsors. It was not found to be unlawful, so I do not accept his point.

Family reunion in the UK is generous, more so than in some of our European counterparts. Sponsors do not have to be settled in the UK, there is no fee, no time limit for making an application and there are no accommodation or minimum income requirements that applicants must meet. Our family reunion policy makes it clear that there is a discretion—as the noble Baroness, Lady Hamwee, pointed out—to grant visas outside of the Immigration Rules, which caters for extended family members where there are compelling compassionate factors. If children are not able to sponsor their parents or family members to join them under refugee family reunion routes, they may be eligible to be joined in the UK via family Immigration Rules. This is in Appendix FM to the Immigration Rules, which provides a route to enter the UK as the parent of a child who is in the UK. A condition of that is that the child must be under the age of 18, and either British or settled or in the UK with limited leave under Appendix EU. Parent applicants in the UK can seek permission to stay with a child who is under 18, either British or settled, or who has at least seven continuous years of residence in the UK, preceding the application, where it would be unreasonable to expect the child to leave.

In all applications from parents, where the applicant is unable to meet the suitability and eligibility requirements, Home Office decision-makers will consider any exceptional circumstances that would mean a refusal may have breached the right of the applicant or the affected family members to a family life in accordance with Article 8 of the ECHR.

To answer the point raised by the noble Lord, Lord Paddick, about unmarried partners who have the option of getting married or having a civil partnership if they have not cohabited, the department will have regard to that. I hope that provides some comfort.

I have already addressed the simplification of the Immigration Rules, which is being conducted. The work is under way, but I am afraid these matters are complicated and will take time. The Government can see the merit of what was said, so I do not accept the general thrust of the argument made by the noble Lord, Lord Coaker, that we have rejected everything the committee has said.

I turn to the comments made about the burden of family migration policies on the public purse and the impact on local authorities. The final local government finance settlement for 2023-24 makes up to £59.7 billion available for local government in England, which is an increase in core spending power of up to £5.1 billion, or £9.4 billion in cash terms. The Home Office provides a range of services to support local authorities to understand and discharge their duties, in line with their legal obligations in respect of immigration, including the NRPF contract, local partnership managers and on-site immigration officials.

In closing, I repeat my earlier thanks to all who have contributed today and to the committee for its work in producing the report. Family migration is a complex topic and it is right that our approach balance the interests of those coming to this country with those of the British people. The Government remain committed to delivering improvements and reform across the board, including on family migration, as we strive to deliver a fairer, more effective and more sustainable immigration system.

[The Lord Bishop of Durham]

Given the time, can the Minister write to me on the specific question I asked about the Afghan scheme?

[Lord Murray of Blidworth (Con)]

Yes, and forgive me; I meant to say that. Of course I will.

Migrants: Barges

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Wednesday 20th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I said in my initial Answer, one of our paramount concerns is the health and welfare of migrants and our staff. I can reassure the House that no one has contracted legionnaires’ disease as a result of the finding of this presence in the water supply.

[The Lord Bishop of Durham]

My Lords, the barge is only one solution to the growing numbers who need to be accommodated. What provision of healthcare is being considered at MoD sites such as Wethersfield and, potentially, Scampton? Will GPs be on site and what all-round healthcare will there be to ensure that those resident there are kept safe?

[Lord Murray of Blidworth (Con)]

I am very grateful to the right reverend Prelate for that question. One of the great advantages of the utilisation of large sites and barges for the housing of migrants is that specific contracting can be provided for the provision of healthcare for migrants. I can reassure him that there is a GP service available to all the residents of the large sites. A nurse is present routinely throughout the week at various times. The health of the migrants is, as I say, something the Home Office takes very seriously. Furthermore, the provision by contract on these large sites prevents the utilisation of local GP resources in the environs of the large sites, either at Wethersfield or for the barge in Dorset.

Asylum Applications Backlog

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Wednesday 6th September 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I have not seen the article to which the noble Lord refers. I will of course look at it and reply to him in due course.

[The Lord Bishop of Durham]

Returning to the question from the noble Lord, Lord Coaker, how long does the Home Office consider a reasonable length of time for an asylum seeker to provide reasons and evidence as to why their asylum request should be reinstated after receiving a decision and the application is withdrawn? Will the Government publish statistics on the number of applicants reinstated?

[Lord Murray of Blidworth (Con)]

The GOV.UK website contains detailed guidance on circumstances in which a claim will be withdrawn or deemed withdrawn, including a timescale. I do not believe, although I do not have the facts before me, that there is a concrete deadline after which a claim may not be restored, but I will check that and revert to the right reverend Prelate in relation to it.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Report stage
Wednesday 5th July 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

My Lords, I am to be brief in setting out the government amendments in this group. As the House will recall, Clause 59 provides for the Secretary of State to make regulations specifying the maximum number of persons who may enter the UK annually using safe and legal routes. Such regulations must be debated and approved by Parliament. Before making such regulations, the Secretary of State is required to consult representatives of local authorities and such other persons or bodies as they consider appropriate. The intention is that the annual cap reflects the country’s capacity to accommodate, integrate and otherwise support those admitted through safe and legal routes.

Local authorities in Northern Ireland do not have the same remit as those in England and Wales and Scotland. In the context of migration, the relevant functions rest with the Northern Ireland departments. Following discussions with the Executive Office in Northern Ireland, Amendments 161A, 161B, 161C and 162A replace the requirement to consult representatives of local authorities in Northern Ireland with a requirement to consult the Executive Office. The Executive Office will then consult other Northern Ireland departments to inform the response to the Secretary of State.

I will respond to the other amendments in this group once we have had an opportunity to hear from other noble Lords. For now, I beg to move.

[The Lord Bishop of Durham]

My Lords, I again note my interests as laid out in the register. I will speak to Amendment 162. In Committee, I explained the well-intentioned nature of this amendment and hoped it would have afforded the Minister the opportunity to clarify that any cap placed on safe and legal routes would exclude current named schemes already in operation. I appreciate the Minister’s comments. He said:

“The cap will not automatically apply to all current and new safe and legal routes that we offer or will introduce in the future.”—[Official Report, 4/6/23; col. 1980.]


But, with respect, how can local authorities reflect on accommodation provision for new routes without excluding their current commitments from this assessment?

“Safe and legal routes” is not a term that is tightly defined in the Bill, so we are left, as is now unfortunately commonplace, with regulations in this area. Arguably, however, it is not unreasonable for Members to presume that “safe and legal routes” would be for those seeking protection outside existing visa schemes who would be granted refugee status. Therefore, why are the Government leaving the possibility that those who are not granted refugee status could be included within the cap? This applies to schemes such as Homes for Ukraine, which requires a visa—the people in question are not refugees—Hong Kong BNO visas, which are actually for overseas citizens, and the Afghan relocations and assistance policy, which is in recognition of all that happened in Afghanistan. As my noble friend Lady Brinton put it to the Minister in Committee, those from Hong Kong are actually British citizens. I thank the Minister for the meeting that he held with me and her on that specific question.

We still have no credible evidence on the deterrence impacts of this Bill, but we know that offering accessible and safe routes will help prevent people having to make the agonising decision to travel irregularly to reach sanctuary. However, by including current schemes in the proposed cap, we will severely restrict our ability to implement any such safe routes, as there would be limited room, if any, for additional routes. Over the first quarter of this year, 22,000 Ukrainians and British nationals from Hong Kong were resettled here. If we had a cap of 20,000 and those 22,000 were included, we would have a problem. It is to the Government’s credit that these 22,000 have come, but it cannot be used as a justification to abdicate our responsibility to do more across a wider global cohort.

If we do not provide safe routes to those who have had no choice but to uproot their lives to seek safety, we are choosing to require them to rely on dangerous journeys. Perversely, this will create a market for those smugglers determined to capitalise on others’ suffering.

The child’s rights impact assessment states:

“Anybody arriving in the UK through the methods specified in the bill presents a risk to the public due to the very nature of their arrival”.


I put it to the Minister that the vast majority do not pose a risk to our country; what is at risk is their lives. That is why they have fled. I therefore welcome that the Prime Minister has promised that the Government will create more safe and legal routes. This amendment will enable the Government to do only what they have set out to do. Without it, I fear this vital and necessary work will stop before it has even started and the world’s most vulnerable will pay the price.

I wonder whether using the word “person” in Clause 59(1) is unhelpful here and whether it should say “asylum seeker and refugee” instead. Would the Minister consider bringing that back at Third Reading? Beyond Amendment 162, I support the other safe and legal routes proposed here, in particular that in Amendment 164 in the name of the noble Baroness, Lady Stroud.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Committee stage
Wednesday 14th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I said, we have considered these issues and are satisfied with the drafting as it is, but of course I will look again at what the noble Baroness suggests.

[The Lord Bishop of Durham]

The Minister talked about “devising” new schemes; I asked for co-creation. Is he willing to go so far as to say “co-creating”?

[Lord Murray of Blidworth (Con)]

The right reverend Prelate is right to point to the fact that these things are always a joint effort. The Home Secretary of the day will consult, and consider input, so yes, all those words would be applicable in my view. Clearly, ultimately the scheme has to come from the Home Office, but it will be done following appropriate consultation with and the involvement of interested parties.

--- Later in debate ---

[Lord Murray of Blidworth]

I can certainly think about that. I will take it away, but I do not think we are terribly far apart.

[The Lord Bishop of Durham]

My Lords, I thank the Minister for answering and clarifying some of the questions. My prophetic powers in saying “about two hours” were slightly wrong. The last two and a half hours will be memorable for a number of things—the noble Baroness, Lady Chakrabarti, quoting Ronald Reagan being one of them—and there were helpful reminders of no person being illegal. There were helpful alternatives to “safe and legal routes”, but I think that we will have to live with “safe and legal routes”. No one has implied that we will change the wording in the Bill. The Minister helpfully pointed out that there will be a definition in the regulations, so that helps us. I am not sure that the Minister answered the historical question asked by the noble Lord, Lord Kirkhope, about why the change happened around 2011 concerning the use of embassies, but I am not going to ask him to stand up.

Your Lordships will not be surprised to hear me say that, overall, I am disappointed that my amendment, not just about Hong Kong but particularly about Hong Kong, has not been accepted. It does not damage the Bill in any way to accept that amendment. Likewise, the amendment tabled by the noble Baroness, Lady Stroud, tries to clarify. That is the purpose, and the Minister’s response has not helped us move forward on that. I have no doubt that all of us involved will find ourselves in discussions about what we might bring back on Report. The desire is to take things forward on safe and legal routes.

At this stage, I beg leave to withdraw my amendment.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Committee stage
Monday 12th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I am afraid I do not agree with my noble friend. These provisions are strictly limited to deal with the present emergency that we face.

As with the amendments to the other parts of the Bill, if we add exceptions, exclusions and exemptions, we will significantly undermine the efficacy of the Bill overall and the scheme will be undermined, making it unworkable. The Bill will then not deliver on its stated purpose.

Having said that, I want to touch on some of the specific amendments. However, before I do so, I will respond to the request of the noble Lord, Lord Coaker, to give an update on the economic impact assessment. At the risk of repeating myself, it remains the Government’s intention to publish the document in due course. However, I undertake to provide an update to the House before the first day of Report.

In relation to Amendment 86, put forward by my noble friend Lord Randall, I point out that for the cohort caught by the Bill—particularly those apprehended in Kent, having crossed the channel in a small boat—few will be victims of exploitation in the UK. It is important to remember that victims of modern slavery who are British citizens, or those who are in the country illegally having overstayed their visa, will not be caught by the public order disqualification. Similarly, unaccompanied children who are not to be removed under the power conferred in Clause 3 will continue to benefit from NRM support—a point raised by the noble Lord, Lord Coaker. As for others who are to be removed pursuant to the duty in Clause 2, their relocation to a safe third country will remove them from their exploiters.

I remind the Committee that our partnership agreement with Rwanda includes express provision for the Rwandan Government to take all necessary steps to ensure that any special needs that may arise as a result of a relocated person being a victim of modern slavery are accommodated. This should not be downplayed, as the right reverend Prelate the Bishop of Durham suggested. I can also assure my noble friend that we will continue to engage with the police and the CPS as we prepare the statutory guidance provided for in Clause 21(6). I reiterate what my right honourable friend the Immigration Minister said at the Commons Report stage:

“we will look at what more we can do to provide additional protections to individuals who have suffered exploitation in the UK”.—[Official Report, Commons, 26/4/23; col. 781.]

That remains the Government’s position.

I turn to Amendment 88. It is the unfortunate reality that criminal gangs are good at adapting to changes in the law to continue their nefarious activities. It is therefore not unreasonable to assume that such an amendment may result in a change of methodology by the people traffickers, either by targeting vulnerable women to a greater extent or by encouraging illegal migrants to make false claims to seek removal under the Bill.

Amendment 90, spoken to by my noble friends Lord Randall and Lord McColl, relates to the presumption that it is not necessary for a person to remain in the UK to co-operate with an investigation. It is one of the enduring legacies of the Covid pandemic that much more can now be done remotely. We all see this in the changes to the way we work. Even now, some Members of your Lordships’ House take part in debates by videolink. It is simply no longer the case that a victim of crime needs to be in face-to-face contact with police or others to assist with an investigation. There is no reason why, in the majority of cases, such co-operation cannot continue by email, messaging and videoconferencing. The presumption in Clause 21(5) is therefore perfectly proper.

We have provided statutory guidance to support decision-making by caseworkers when determining if there are compelling circumstances why the presumption should be set aside in any particular case. We are considering carefully the recommendation of the Delegated Powers Committee that such guidance should be subject to parliamentary scrutiny. Given this, I am not persuaded that the substitution of a regulation-making power would make a material difference.

[The Lord Bishop of Durham]

Sorry—it has taken me a little while to contemplate but is the Minister effectively saying that the use of video and email and so on is as good as in-person interviewing and in-person interventions? I really think that needs to be rethought.

[Lord Murray of Blidworth (Con)]

As the right reverend Prelate will appreciate, it is the experience of litigators that the use of remote facilities has become very commonplace.

--- Later in debate ---

[The Lord Bishop of Durham]

With respect to the Minister, that is not quite what I was asking. Absolutely, it is happening, but is it as effective?

[Lord Murray of Blidworth (Con)]

That all depends on the facts of each particular case, As I say, that is what will be considered in accordance with the guidance that I have just described.

Where the Home Secretary concludes it is necessary for someone to remain in the UK for the purpose of co-operating with a law enforcement agency, the continued need will be kept under review. Section 65 of the Nationality and Borders Act already provides for the grant of limited leave to remain in such cases. The length of such leave should be considered on a case-by-case basis. As such, it would not be appropriate to provide for an arbitrary minimum period of 30 months, as Amendment 89 seeks to do.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Committee stage
Monday 12th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

We have already canvassed these topics, but there are many ways for a decision-maker to take a refusal to consent into account. It need not be an automatic presumption that somebody is of age; it can be treated in a variety of potential ways, which will be described in the regulations. They will be subject to debate at that time. I am afraid that that is the answer to the noble Lord’s question.

[The Lord Bishop of Durham]

I thank all noble Lords for contributing to the debate and for interjecting during the Minister’s response with many of the questions that I noted. I repeat what I said earlier: the Minister of State justified the inclusion of Clauses 55 and 56 in the Bill by saying that

“around 50% of those people who are assessed are ultimately determined to be adults”.—[Official Report, Commons, 26/4/23; col. 777.]

To be fair, the noble Lord, Lord Murray, said just under 50%, which is a slight change.

However, I went on to ask whether the Minister could confirm that this figure is misleading, given that it includes individuals subsequently found to be children after referral to a local authority. He has not answered that question, but please do not try to do so now; please write. The Helen Bamber Foundation found that 1,386 individuals were referred to local authorities in 2022, of whom 867 were found to be children. That is about 62% to 63%. Clearly, several of us are going to read Hansard very carefully and we would like the Minister to go away and reflect on the figures a bit further.

For all the reasons that have been raised by colleagues, who I thank for all their support—I also thank the noble and learned Lord, Lord Hope, for his additional proposal, which makes complete sense—the Minister will not be surprised that we are likely to return to this on Report, because we think these things matter enormously.

I think there is an assumption made by the Home Office that it is adults pretending to be children; most of us come at it the other way round, and are worried about children who are deemed to be adults and are therefore placed in unsafe places. Somewhere, the two have got to meet and talk with each other and consider each other. I suggest that the Home Office has some very good conversations with the DfE, social workers and health professionals about how to understand children and how they work, including children who are 16 and 17 years old, because they are still not adults. However, I beg leave to withdraw my amendment.

Illegal Migration Bill

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Wednesday 8th March 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his remarks. The Conservative Party very much remains the party of law and order. It is this Parliament that decides the laws for this country, and it is this Parliament that must decide who can enter and when they can enter. It is our view that these measures are compatible with international law. That does not—whatever the noble Lord might suggest—render the measures in this Bill in any way illegal.

[The Lord Bishop of Durham]

My Lords, I return to the Statement, rather than the Bill, which we will spend hours debating in due course. There was a lot in this Statement that worried me, but what worried me even more was that there was no reference whatever to children, unaccompanied children and their protection in this whole process. Can the Minister comment on why nothing was said about that in the Statement?

[Lord Murray of Blidworth (Con)]

The Statement was intended to—and did—accurately set out the contents of the Bill. Indeed, in the exchanges that followed, which the right reverend Prelate will find in Hansard, it was clear that there was discussion of the status of children. I can confirm that the position is this: the removal of any under-18s will be delayed until adulthood except in certain circumstances. As the right reverend Prelate is aware, one issue that has arisen in relation to the exception for minors is of people claiming to be minors when they are not. This is of course an attempt to evade immigration control and can have serious safety ramifications if such a person is placed with children.

Asylum Seekers: Accommodation in Hotels

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Tuesday 21st February 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

Clearly, the instances of violence we saw in Knowsley last week were to be deplored. Indeed, the House will be reassured to know that the Home Office has in place a careful programme to deal with these issues. It is hoped that those in hotels can feel secure as a result of knowing that the Home Office has in place arrangements to protect asylum seekers, but of course that has to be balanced against the liberty of people to protest. These are all matters being carefully considered by the department.

[The Lord Bishop of Durham]

My Lords, slightly contrary to what the Minister said earlier, surely one of the main reasons hotels are being filled is because accommodation is being blocked, in a sense, because so many applications have not been processed in due time. Could the Minister update us on the reduction in the numbers awaiting their claims being dealt with, as was promised in January? Have they been reduced, and by what number?

[Lord Murray of Blidworth (Con)]

I am afraid that I must disagree with the right reverend Prelate. The reason for the number of people in hotels is the number of people crossing the channel illegally and causing accommodation to be needed. It is not simply a question of a failure to determine their asylum claims, not least because those whose claims are determined are then accommodated by local authorities in very similar types of housing.

Asylum Seekers: Syria, Afghanistan, Eritrea, Iran and Sudan

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Tuesday 24th January 2023 Lords Chamber

[The Lord Bishop of Durham]

To ask His Majesty’s Government what forecast they have made of the number of people from Syria, Afghanistan, Eritrea, Iran, and Sudan who will travel to the United Kingdom via a safe route in order to seek asylum in 2023.

[The Parliamentary Under-Secretary of State, Home Office (Lord Murray of Blidworth) (Con)]

The United Kingdom welcomes vulnerable people in need of protection through our relocation and resettlement schemes. The number of people coming to the UK via safe and legal routes depends on many factors, including local authorities’ capacity to support them and the extent to which community sponsorship continues to thrive. There is no explicit provision within our Immigration Rules for someone to be allowed to travel here to seek asylum or temporary refuge.

[The Lord Bishop of Durham]

I thank the Minister for that Answer. We know from the latest available numbers that between September 2021 and September 2022, only close to 1,400 people were resettled to the UK through the specific safe routes of resettlement. This figure is 75% lower than in 2019, and the number of family reunion visas issued is 36% below the pre-pandemic figure. As the Minister knows, all the countries referred to in my Question have an asylum grant rate of over 80%, with Afghanistan, Syria and Eritrea sitting at over 97%. The number of individuals claiming asylum from these nations stood at more than 26,500. Now that the Government are deciding admissibility on the basis of arrival, will they establish further safe routes for high grant rate countries such as Sudan, Eritrea, Syria and Iran, to reduce the need for asylum seekers to travel irregularly?

[Lord Murray of Blidworth (Con)]

The principle is clear in the refugee convention that people claiming asylum need to be in the country in which they seek refuge, having come directly from that country. While we sympathise with people in many difficult situations around the world, we are not bound to consider asylum claims from the large numbers of people overseas who might like to come here.

Children Seeking Asylum: Safeguarding

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Monday 23rd January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

As I hope I have made clear, responsibility for the inspection of the hotels rests with the borders inspectorate. The hotels have been inspected in the past year. It is appreciated that hotel accommodation is a temporary means of accommodating children. As I hope I have made clear, we try to make those stays as short as possible and ensure that the accommodation is of the highest quality possible.

[The Lord Bishop of Durham]

My Lords, I thank the Minister for the care with which he is responding today; it is appreciated. Can he say how well qualified the social workers and others are to support unaccompanied asylum-seeking children, because there are particular issues around them? Would it not be better if we had a system of placing an advocate for each child, who could help them through the system, as soon as they arrive?

[Lord Murray of Blidworth (Con)]

Clearly, the move into hotels is as swift as we can make it once the unaccompanied asylum-seeking child comes to the attention of the authorities. The hotels have staff consisting of team leaders and social workers, all of whom are fully trained and able to work with the young people. All the children receive a welfare interview, which includes questions designed to identify any potential indicators of trafficking or safeguarding issues. I assure the right reverend Prelate that the steps are taken seriously among the staff of the hotels to assist the children in so far as they can.

Manston Update

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Tuesday 29th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

It is because the Government believe in encouraging migration via safe and legal routes, and not by those who choose simply to cross the channel in a small boat.

[The Lord Bishop of Durham]

I do not think the Minister answered the last question, because the whole point is that a humanitarian visa would be a new safe and legal route and it is one for which many of us have argued for quite some time. It would discourage people from travelling by boat. They could apply for a visa before they came and, as the noble Lord, Lord Paddick, said, they could also be vaccinated before travelling.

[Lord Murray of Blidworth (Con)]

I understood the noble Lord, Lord Paddick, to ask me whether those who had arrived at Manston should be given a humanitarian visa and be inoculated. That is not the case. On the method that the right reverend Prelate asked about, there are safe and legal routes from the countries that were discussed in the earlier topical Oral Question. Those are the routes that are to be utilised.

Asylum Seekers: Accommodation and Safeguarding

Debate between Lord Murray of Blidworth and Lord Bishop of Durham

Wednesday 9th November 2022 Lords Chamber

[Lord Murray of Blidworth (Con)]

I think the noble Baroness refers to the use of the Chinook by my right honourable friend the Home Secretary. The use of that helicopter was so that she could see the operations in the channel; it was not for any purpose of sending some sort of message to those residing at Manston. Clearly, it was reasonable given the time available and the items that had to be viewed by the Home Secretary. It is very important that my right honourable friend has every opportunity to see the whole system, so that she understands and can bring forward solutions.

[The Lord Bishop of Durham]

How will His Majesty’s Government ensure that Manston will now remain a 24-hour facility only, in a way that can be scaled up if necessary, and that no children are detained there at all—or, at least, are not detained with adults who they do not know?

[Lord Murray of Blidworth (Con)]

I assure the right reverend Prelate that the Home Office takes very seriously its responsibility towards unaccompanied asylum-seeking children. It seeks to place them into separate accommodation as early as can be achieved. As I say, the welfare of children is among its first priorities.