Immigration Bill

Lord Roberts of Llandudno Excerpts

Tuesday 15th March 2016 Lords Chamber

Moved by

[Lord Roberts of Llandudno]

113: After Clause 58, insert the following new Clause—
“Exemption from deportationExemption from deportation for unaccompanied minors upon reaching the age of 18
After section 7(3) of the Immigration Act 1971 (exemption from deportation for certain existing residents) insert—“(3A) A person shall not be liable to deportation under section 3 upon reaching the age of 18 if the person entered the United Kingdom under the age of 18 as an unaccompanied minor.””

[Lord Roberts of Llandudno (LD)]

We are facing a problem that I think we realise exists: what happens to youngsters—unaccompanied asylum seekers or refugees—who came here some years previously? They have settled down here, they have become part of our communities; they speak our language, they go to our schools; they have imbibed the culture of the United Kingdom; and they have been very well cared for—and we are so grateful to the authorities and the foster homes which take this responsibility upon themselves. But then, when they reach 18 years of age, they lose that protection. This is an immense problem.

I remember meeting about half a dozen lads from Afghanistan who were in this category. They had reached 18 and were telling me what they had done when they were on the verge of turning 18. One had built a noose above his bed in case Border Force came and wanted to deport him—he knew what he wanted to do then. A couple of the others had pushed their wardrobes against the doors of their bedrooms to try to stop or hinder anyone from coming and deporting them. These are people who have been here, people who do not know their original country, and yet we are going to force them from here.

Last year about 250 18 year-olds were deported. Half of them were taken forcibly—they were physically taken and deported. Gosh, what sort of reputation do we have if we do these sorts of things? My grandchildren are not quite 18. These people are us, they are human beings, and yet we are doing this to them. What makes it even more incredible to me is that of those who appeal, half of them win their appeals against the prospect of unfair deportation. I ask the Minister to look at this and give us an assurance in the Bill that nobody aged 18 will be treated in this way. I beg to move.

[The Lord Bishop of Norwich]

My Lords, Amendment 114 in this group is in my name. I am grateful for the support of other noble Lords. The amendment seeks to ensure that a best interests assessment is obtained for any child separated from its parents as a result of an immigration appeal. It is not so very long ago, I remember, that in the light of failures in child protection a policy initiative was given the title Every Child Matters. Every child does matter, without exception.

Under Clause 59, the Secretary of State will have the power to remove the ability of a person to remain in the UK when appealing against an immigration decision. This simply extends provisions already contained in the Immigration Act 2014 which apply only to foreign national offenders. However, no analysis on the impact of children being separated from their parents as a result of the Immigration Act 2014 has been undertaken. That is the first thing to stress, yet the new Bill extends these provisions to all appeals relating to immigration claims, including those involving accompanied and unaccompanied children.

Recent research by the Children’s Commissioner has shown the serious long-term impact on a child of separation from a parent: it can undermine their developmental, behavioural and emotional well-being. There is a significant delay, currently of up to a year, in immigration appeals being listed so this separation from family or home in the event of certification would have significant consequences for any child. A year may seem to pass quickly when you reach the seniority of many of us in your Lordships’ House but for a child aged six or seven, a year’s development is very significant. In Committee, the Minister expressed the hope that in future,

“appeal processes in simple cases will not exceed six months and even in complex cases will not exceed 12 months ”.—[Official Report, 3/2/16; col. 1813.]

But there is no guarantee that this will be the case and even 12 months can be too long for a child removed from parents or school, or for unaccompanied young people who find themselves, as they are likely to do, without a support network in their country of origin—where they may have no family left at all.

Government Amendment 145 draws attention to the duty of the Home Secretary under Section 55 of the Borders, Citizenship and Immigration Act 2009,

“to safeguard and promote the welfare of children”,

with respect to immigration, asylum and enforcement functions. However, the experience of organisations such as the Refugee Children’s Consortium is that children’s best interests are not systematically and comprehensively assessed within immigration decision-making. No one has ever relied on this duty of the Home Secretary in any case and there is no clear means of implementing it. It seems no more than a pious aspiration. I am in favour of pious aspirations and the more pious, the better, but they need some means of implementation and checking. There needs to be independent oversight of the duty on the Home Office to ensure that the best interests of any child are adequately considered before any decision is made to certify any claim for out-of-country appeals. That is what Amendment 114 offers so straightforwardly.

We need to see all this within the context of cuts to legal aid. The Government have removed all legal aid for immigration cases, undermining the ability of children and families to put forward the necessary evidence and legal arguments to have their cases fairly determined. What is the result? The Home Office will be making decisions on poorly-prepared cases with inadequate evidence because children and families will not have had the benefit of legal advice. It means that the ability to appeal against decisions by the Home Office has never been more important.

We saw a stark example of the current weaknesses of Home Office decision-making just last April. The Court of Appeal upheld the decision by the Upper Tribunal requiring the Home Office to return a five year-old child to the UK with his mother after failing to consider properly his best interests before they were removed to Nigeria. The woman, who was undocumented, had claimed to be in the UK since 1991. She applied for asylum in 2010, saying that she feared destitution and discrimination as a single mother in Nigeria with no immediate family. Her asylum claim had been repeatedly rejected. At one point, she was admitted to a psychiatric unit with depression. Her son was put into foster care as she battled against attempts to send them both back to Nigeria. The foster carers who looked after the boy remained close to him. When the mother and child were removed from the UK, those foster carers paid for their accommodation and healthcare in Nigeria from their own savings because they were so concerned about what happened to them both. The judge ruled:

“In not taking into account the implications of”,

the mother’s “mental health” for the child,

“and the risk of that degenerating in the Nigerian context and the likely consequences of removal, the Secretary of State failed to have regard to”,

the child’s,

“best interests as a primary consideration”.

--- Later in debate ---

[Lord Keen of Elie]

I am not in a position to immediately answer that question but, if I may, I will write to the noble Baroness on that point.

[Lord Roberts of Llandudno]

I am grateful to the Minister for responding. His facts and figures are a wee bit at variance with those that I have, and I think that we need to explore this further. Therefore, tonight, I will withdraw this amendment, but I suggest that we come back to this subject very soon because so many refugee and voluntary organisations are very concerned about this deportation dating. I beg leave to withdraw the amendment.

Amendment 113 withdrawn.

--- Later in debate ---

[Baroness Hamwee]

My Lords, I was unaware of this situation until earlier stages in the Bill. Like the right reverend Prelate, I do not need to stress the concern; the noble Baroness has done so very effectively. She is absolutely right that this should not be left in the too-difficult-bureaucratically tray. It is an appalling situation and one that I cannot believe any politician would wish on—I was going to say the recipients, but they are not the recipients. That is the whole problem.

My noble friend’s name has been left off, but I tabled Amendment 118 in this group, which is about the issue of vouchers and cash payment, relating to both Sections 95 and 95A. The amendment, I hope, responds to the Minister’s comments in Committee to a similar amendment. At the time he said:

“The legislation needs to be flexible enough”.—[Official Report, 3/2/16; col. 1831.]

He referred to the fact that support is sometimes provided in the form of accommodation or services.

My amendment would provide that, as it were, the default is cash support for reasons of dignity. I do not think that I need to spell all this out again. We have covered it previously, and to me it is entirely obvious that it is undignified to be given support other than in a form that you can choose to spend—to an extent, as obviously there are many essentials to cover, but you can make your own choices. That is fundamental to human dignity, but it is also a matter of practicality.

My noble friend Lord Roberts of Llandudno referred earlier to the shop that had been established, I think on the Park Royal industrial estate, where everything was on sale for 25p—then it was going to go up to 50p, and then £1. The response was that we should see whether the shop will take the card. That does not respond appropriately to the point.

My amendment would specifically provide an answer to the Minister’s points in Committee that support can be in the form of accommodation or services or, in exceptional circumstances, vouchers, which can be exchanged for goods and services, or a card entitling the holder to goods or services, but primarily in cash.

I wonder whether I can ask the Minister a question on one of his amendments in this group. Amendment 127 refers to,

“a person under the age of 18 who is unaccompanied and who … has leave to enter or remain … and is a person of a kind specified in regulations”.

I realise that that wording is also included in Clause 64(9) but I also realise that I have no idea what,

“a person of a kind specified in regulations”,

might be. I hope that when the Minister addresses that amendment he can explain what a person of a particular kind might be. What sort of kinds are we talking about?

[Lord Roberts of Llandudno]

Following what my noble friend Lady Hamwee said, I will add the word “choice”. If you have a card or a voucher you have to go to certain outlets—usually the middle-range outlets, not the cheaper shops or the bargain shops. When you get only £36 a week, you have to spend your money very carefully indeed. I enjoy cheese biscuits. I forget the name of the make now; they are cheddar biscuits. Perhaps other Members do as well. I can go to a shop in Llandudno and the marked price is £1.39. I buy them sometimes. If I go to a pound shop they are two for £1. There is a massive difference between what you can buy from a shop that has possibly only limited goods on sale and from one of the ordinary shops—I will not mention them; no publicity this evening.

We are denying people the choice and ability to look after themselves and their families in the best possible way. We spoke earlier of the best interests of the child. I suggest that the best interests of the child here is that the parent can use the money and the value that they have in the best possible way, and is not limited to a certain number of shops. It should be open if you have cash in your hand. You should not be embarrassed at the till because your card is overspent; you will know exactly what you have. I have said this many times to the Minister: we always seem to have a great friendly understanding, but I never got my way on store cards. I am sure that there is the possibility in the Bill to look after the best interest of the child and those who have this benefit. I urge the Minister to accept my noble friend Lady Hamwee’s amendment. It is in only exceptional circumstances that a card or voucher is used; usually it is a cash benefit that they can spend in whatever way they want.

[Lord Rosser]

Briefly, I am genuinely not clear what the problem is for the Government in accepting Amendment 116, which presumably would not involve large sums of money. As I understand it, it affects not people who have had their claims turned down and who have to leave the country, but people who receive a resident’s permit to remain in the country for differing reasons and differing periods of time. If it is the case that there is a gap between asylum support payments and mainstream payments, because matters are not all being dealt with within what is presumably the intended 28-day period, then, frankly, why not agree to the amendment? I hope that the Government will be able to give a helpful response to what, on the face of it, appears to be a pretty straightforward issue.