Immigration Bill

Debate between Lord Roberts of Llandudno and Lord Alton of Liverpool

Monday 21st March 2016 Lords Chamber

[Lord Alton of Liverpool (CB)]

My Lords, like the right reverend Prelate I am a signatory to this amendment. I am delighted to be able to offer my support to the noble Lord, Lord Dubs, who made a compelling and eloquent case in support of Amendment 116A.

In opposing this, the Government have used various arguments. One is that you cannot distinguish between groups that suffer, but all of us who think about that for very long know that it is at best a disingenuous argument and at worst an unworthy one. The noble Lord referred to the other argument that the Government use about so-called pull factors. In the case of children, surely that cannot outweigh all the points that the noble Lord has just advanced.

Then there is the question of numbers. I was looking today at the total number of refugees who have come to the United Kingdom and the total number who have come out of Syria. Some 4.8 million refugees have come out of Syria over the past five years. Turkey is currently hosting some 3 million refugees, and we will no doubt hear more about this later in the Statement that will be given to the House. Before anybody else suggests that this country is being swamped, just look at the numbers: 5,845 Syrians plus 1,337 under the vulnerable persons scheme is 0.15% of the total. So to ask just for 3,000 unaccompanied minors to come into this country is far from being unreasonable.

In Committee on 3 February, I asked the Minister about a report which had appeared in the Daily Telegraph and Observer newspapers which reported the comments of Brian Donald, Europol’s chief of staff. He said:

“It’s not unreasonable to say that we’re looking at 10,000-plus children, who are unaccompanied and who have disappeared in Europe ... Not all of them will be criminally exploited; some might have been passed on to family members. We just don’t know where they are, what they’re doing or whom they are with”.

He said that 10,000 was likely to be “a conservative estimate”.

Arising from those shocking and disturbing figures, I hope that the Minister will tell us when he comes to reply what discussions the Home Office has had since 3 February with Europol about the children who have disappeared and what percentage Europol believes to have been unaccompanied. If thousands of child migrants have simply vanished in Europe while we have argued about how many angels you can fit on the top of a pin, it will be a lasting stain on our collective reputations.

The noble Lord, Lord Dubs, also referred to foster parents. I hope that when he replies the Minister will tell us what discussions he has had with local authorities about promoting fostering arrangements for these children. For obvious reasons, the noble Lord, Lord Dubs, also referred to the Kindertransport. The reputation of politicians and diplomats from that era is redeemed by the extraordinary bravery and determination of men such as Sir Nicholas Winton, the diplomat Raoul Wallenberg and Eleanor Rathbone, “the refugees’ MP”, as she was known. This year is the 70th anniversary of her death.

In 1938, after Kristallnacht, she established the Parliamentary Committee on Refugees. Two years later, on 10 July 1940 in a six-hour debate, she intervened on no fewer than 20 occasions to insist that Britain had a duty of care to the refugees being hunted down by the Nazis. She said that a nation had an obligation to give succour to those fleeing persecution—in her words,

“not only in the interests of humanity and of the refugees, but in the interests of security itself”.—[Official Report, Commons, 10/7/40; col. 1212.]

In words that have an echo in the debates we have been having during the course of this Bill, she wrote that discussions about asylum seekers and refugees,

“always … begin with an acknowledgement of the terrible nature of the problem and expressions of sympathy with the victims. Then comes a tribute to the work of the voluntary organisations. Then some account of the small, leisurely steps taken by the Government. Next, a recital of the obstacles—fear of anti-Semitism, or the jealousy of the unemployed, or of encouraging other nations to offload their Jews on to us”.

It is hard not to see the parallels. The debates about the Kindertransport continued in Parliament until literally hours before war broke out. In 2016 we should do no less than those who preceded us.

The amendment would require the Secretary of States to relocate 3,000 unaccompanied refugee children in European Union countries to the United Kingdom. These vulnerable young people have already had traumatic experience of the chaos and violence of war, the abandonment of hearth and home, horrendous journeys and separation from families, with some placed into the hands of smugglers and people traffickers and some facing exploitation of every kind. They are entitled to international protection and to respect for their rights as refugees—even more so than adults. Surely the lifeboat rule must apply.

Nelson Mandela once said:

“There can be no keener revelation of a society’s soul than the way in which it treats its children”.

Many of us will be dead when these children come to maturity, but they will never forget, as the noble Lord who moved this amendment has never forgotten, the values that made their futures possible. I am very happy to support an amendment that says the very best about the values of this country.

[Lord Roberts of Llandudno (LD)]

My Lords, as one who signed the amendment, I am delighted to follow the noble Lords, Lord Dubs and Lord Alton. The heart beats strongly on this issue, but it has to beat strongly in the future as well. I imagine that as the years go by, with all sorts of issues such as climate change, war and famine, we will be discussing this issue time and again. We must somehow sort out our approach in the long term, and this is an opportunity to do so. It is an opportunity to say to 3,000 children, “You are welcome in our country”. It is an opportunity to show the world that we are not going to be dragged kicking and screaming into receiving refugee children but that we are happy to do so.

It is seven or eight months since Save the Children started its appeal for 3,000 child refugees, and now we have the chance to bring it into being. What an opportunity for us in the House of Lords today to say, “Yes, we welcome children”. The message will be carried to the Commons, and I do not see that they will be able to resist joining in with that welcome.

Alternatively, we could be hesitant and obstructive and say no, but I do not know what would influence anyone to vote against this amendment. Why should anyone go into the Not Content Lobby against children? Your Lordships had grandfathers, grandmothers, mothers and fathers—surely we can look at other children who are less fortunate than our own and say, “Yes, you are welcome, and we in the House of Lords will raise the banner of hope”. That will demonstrate that we are determined to tackle this problem, not only to Dunkirk, Calais and other places but also to the future.

Let us be brave. Let us have a unanimous vote of welcome today. We do not have to vote against this. We do not just have to say no. I do not know how on earth anyone who is a parent, a grandparent, an uncle or an aunt will be able to say, “We are going into the Lobby to stop these children coming over”. I am delighted to be able to support the amendment.

Immigration Bill

Debate between Lord Roberts of Llandudno and Lord Alton of Liverpool

Wednesday 3rd February 2016 Lords Chamber

[Lord Roberts of Llandudno (LD)]

My Lords, for many years we have discussed the Azure card, and it is good to return to it—and also to say that we had one or two victories in our most recent discussions, whereby instead of the value of the card being scrapped altogether there is a rollover now, so people can save a little perhaps from £35 to go over to the next week.

We are dealing here with vulnerable people. People are never illegal; they are people just like every one of us in this Chamber, as I keep on repeating. We have the opportunity to either undermine the dignity of people or to restore it. We should remember that it is as we restore that dignity that we build a legacy for the future that is far more worth while than trying to diminish the rights of people. Imagine that you are in a queue at a checkout in a shop or a store and you are wondering whether, with £35—£5 a day—you have enough to pay for the goods you have in the basket or trolley. Imagine that you get to the cashier and the cashier says, “Sorry, you can’t have that”, because you have gone over the £35. By introducing cash benefits, we could at least give people a little bit of dignity in that queue, so that they are not embarrassed. They are people—and often people of great dignity and worth.

Today I read in a paper that I do not often read that there is an easyJet shop opening in north London where for at least a month most items are 25p each. I do not know whether other noble Lords have read about this. That is great—so the person with the Azure card goes there and finds out that they do not use it there. It is used only in 14 or 15 stores. And how would they get to north London, when you cannot use it to buy a bus ticket or a ticket on the underground? If they had cash, they could do that. I am reading between the lines in transitional instructions—not in what the Minister said in the other place—that the Azure card was to stay. We have another opportunity here to bring about a bit of dignity for those people. You have children with you—and children sometimes might want a piece of toffee or chocolate, but you cannot do it, because you do not have the money. And is that included in the goods that you can buy with the Azure card? Probably it is.

We have created second-class, third-class or fourth-class citizens existing on £5 a day. I spend more on that in the cafeteria and in the restaurants here, and I know that some people pay as much as that for a coffee in some places in our Parliament. But we have the opportunity, and we are moving in that direction whereby the Azure card is yesterday’s news and cash benefits in hand are today’s news. Then we have to restore the right of appeal. There is a lot more to be done, but I am sure that the Minister will give us some comforting words at the end of this debate.

[Lord Alton of Liverpool]

My Lords, the noble Lord, Lord Roberts, has reminded us that this clause is about forced destitution. Is it right that in a country such as this, which is one of the wealthiest in the world and upholds humane and civilised standards of decency, we should leave people without adequate resources believing that it is a way to somehow force them to leave the country? At Second Reading, I rehearsed some of the arguments. I mentioned Asylum Link Merseyside, of which I am a patron, and the work it has done that demonstrates that that simply does not work, because when parents, rightly or wrongly, think that their children’s lives will be at risk if they return home, they will generally consider that becoming destitute in the United Kingdom is the better option available to them. That is why the noble Lord, Lord Rosser, is right to ask whether we wish this clause to remain part of the Bill and to argue why it should not stand part.

Asylum Link Merseyside works with asylum seekers, but as my noble friend Lord Sandwich and others have reminded the Committee, the Home Office commissioned its own report into these things—I think that the Home Office study covered a cohort of about 116 families. It found that the rate of absconding was 39% for those in the Section 9 pilot but only 21% in the comparable control group who remained supported. Only one family in the pilot was successfully removed, compared to nine successful removals in the control group, and,

“there was no significant increase in the number of voluntary returns … of unsuccessful asylum seeking families”.

That is why the Home Office concluded that Section 9 should not be used on a blanket basis. Removing Clause 37 would remove something that we know does not work, that is likely to be more costly, that is an inefficient support system and that will clearly, as others have said, put the welfare of children at risk.

The Bill will establish a highly bureaucratic system which will be burdensome to administer. Local authorities will remain the body to which destitute refused asylum seekers who have fallen through the safety net turn for support. They will have to conduct eligibility tests and assessments to see whether support is required in order to safeguard the welfare of a particular child. In these cash-strapped days, do we really believe that local authorities will be in a position to do that? The complexity of these new arrangements means that families with children are likely to fall through the gaps in the system and find themselves destitute, at least temporarily. The consequences of refused asylum seekers being left without support, even for short periods of time, is extremely serious as it causes illness and complicates existing health problems.

Some noble Lords, including the noble Baronesses, Lady Lister and Lady Hamwee, were able to attend a briefing a few weeks ago which was given by, among others, Still Human Still Here. I asked then for some illustrations of how this could work out in practice. I shall give two brief examples. Still Human Still Here mentioned a 2012 serious case review which involved an asylum seeker who developed a brain infection and could not look after her child. The boy starved to death and the mother died two days later. The family became destitute during the transition from asylum to mainstream support, leaving the family,

“dependent upon ad hoc payments by local agencies”.

The review expressed,

“concern about the adverse consequences on vulnerable children and the resulting additional pressure on local professional agencies”,

when support was cut off.

In 2011 a serious case review involving child Z noted that the circumstances of the child’s mother, a refused asylum seeker facing removal with a life-threatening illness and caring for a young child with few support networks,

“would challenge any individual's coping strategies”.

It stressed that the,

“need for high levels of support for someone with such vulnerabilities was clear”,

and the absence of this support was a major factor leading to the woman’s death and her child needing to be looked after.

Both these cases highlight the consequences of leaving vulnerable families without support, and I therefore have some questions for the Minister. The Government’s proposals leave the detail of the new support provisions, including the level of support, to regulations. First, will the Government provide an assurance that the level and type of support provided under Section 95A or new paragraphs 10A and 10B of Schedule 3 to the 2002 Act will meet the essential living needs of asylum seekers and that the housing provided will be appropriate for vulnerable children and their families?

Secondly, the Government have stated that it will not be possible to apply for Section 95A support after the prescribed grace period, which is 21 days for single adults and 90 days for families with children. Will the Government provide an assurance that the regulations which permit applications outside the grace period will include changes of circumstance, such as when asylum seekers who were previously supported by friends or family become destitute or when asylum seekers encounter a barrier to return after the grace period is over?

Thirdly, will the Government consider amending language which prevents local authorities providing support under Section 17 of the Children Act 1989 where,

“there are reasonable grounds for believing that support will be provided”,

as it is likely to leave families destitute for considerable periods of time while responsibility is determined?

Fourthly, and penultimately, while local authorities will be able to provide accommodation and subsistence support when they are satisfied that it is needed to safeguard and promote the welfare of a child, regulations will be laid specifying factors which the local authority must or must not take into account in making this decision. What factors do the Government intend to specify must or must not be taken into account?

Lastly, will the Government provide an assurance that the best interests of the child, which were referred to by the Minister’s noble and learned friend in earlier exchanges, shall be a primary consideration in the operation of any actions concerning children in the Bill —a point that I think will be reflected on in response to what the noble Lord, Lord Rosser, said earlier—and that the new mechanisms of support set up in the Bill will ensure that every child has a right to,

“a standard of living adequate for the child’s physical, mental, spiritual, moral and social development”?

Those words are required by the Convention on the Rights of the Child. I hope the Government will consider bringing forward their own amendment at least to put that in the Bill.

I realise that the Minister may not be able to answer those five questions now, although I hope the Box will be able to provide him with some response. However, at least between now and Report, I hope that he will give reassurance to all noble Lords who have participated in today’s debate supporting the excellent points that the noble Lord, Lord Rosser, made in moving that this clause should not stand part of the Bill.