Illegal Migration Bill

Debate between Lord Touhig and Lord Murray of Blidworth

Committee stage
Monday 5th June 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

The noble Baroness is always a powerful advocate but, in this instance, these provisions are already clear. As I have said, and for the reasons that I have explained, there is no need, in those limited circumstances, for further exploration in the Bill. As I have said, these are things that we can explore, and doubtless will return to in other parts of the Bill, but for the moment I am afraid there is no need for further additions in relation to those areas.

[Lord Touhig (Lab)]

In 28 years of service in this House and the other place, I have never had more difficulty in getting an answer to a question.

The Minister has responded several times, and I spoke about it earlier this afternoon. He confirms that local authorities alone have the statutory power to look after these unaccompanied migrant children. He confirms in a Written Answer that the Home Office does not have corporate parent responsibility. So can he tell us which Act of Parliament the Home Office is using to detain these children and put them into these hotels, or—I always say never assume but I am going to break my rule—are we to assume that the Government know they are acting unlawfully?

[Lord Murray of Blidworth (Con)]

I must apologise to the noble Lord for not addressing that point in my remarks; I did mean to do so. It is a topic that the House has canvassed in Oral Questions on a number of occasions, particularly, as I seem to remember, in the winter of last year.

The present position will change when this Bill passes. As the noble Lord will have seen, there are provisions in the Bill relating to the transfer of responsibility for children, which set out the responsibility in the context of unaccompanied children. If the noble Lord looks, for example, at Clause 16, he will see that it concerns

“The power to transfer children from Secretary of State to local authority and vice versa”.


The present position arose as a result of the way in which the emergency in the channel has come about. As I said in my Answer, which was very fairly read out by the noble Lord, the clear position is that the responsibility should be for the local authorities, save for the circumstances described in Clauses 15 to 20.

Migrants: Housing

Debate between Lord Touhig and Lord Murray of Blidworth

Wednesday 3rd May 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I thank the noble Lord for his question. I reassure him that I have followed closely the debates in the other place, and in my speeches to the House at Second Reading I will extensively cover the questions raised by my right honourable friend the Member for Maidenhead, and address the broader questions in relation to modern slavery. It is not for me to explain the diary arrangements of the Home Secretary, but I can confirm to the noble Lord that the Home Office takes very seriously its engagement obligations with committees of the House.

[Lord Touhig (Lab)]

My Lords, since 2021, 4,500 unaccompanied migrant children, some as young as 10, have been placed in hotels, and more than 200 have gone missing and have not been found. In March, when I asked the Minister if the Home Office had sought legal advice as to whether it had the powers to do this, he declined to answer me. Section 20 of the Children Act 1989 gives local authorities alone statutory power for child protection—that includes unaccompanied migrant children. Can the Minister say which Act of Parliament has allowed the Home Office to set this one aside?

[Lord Murray of Blidworth (Con)]

There has been no intention to set aside any provision of the Children Act. As the noble Lord will have seen on his careful reading of the Illegal Migration Bill, there are provisions set out that deal with the transfer of responsibility for children and the approach to be taken to unaccompanied asylum-seeking children who arrive after 7 March of this year.

Children Seeking Asylum: Safeguarding

Debate between Lord Touhig and Lord Murray of Blidworth

Monday 23rd January 2023 Lords Chamber

[Lord Murray of Blidworth (Con)]

I can assure the noble Baroness that the Home Office takes very seriously the safeguarding of the young people who are in the hotels. Their safety and well-being are our primary concern. As I have already said, we have no power to detain them; however, children’s movements in and out hotels are monitored and recorded. They are also accompanied by support workers when attending organised activities and social excursions off site, or where specific vulnerabilities are identified.

When a young person goes missing, the missing persons protocol is followed, led by our directly engaged social workers. We have a protocol called “missing after reasonable steps”, which enables children’s homes and supported accommodation placements to have more ownership over the missing episodes of children in their care. It is a set of forms that helps with safeguarding, planning and prevention prior to a child being reported missing; it also encourages lines of inquiry, as is expected of a person with responsibility for that child. When used correctly, similar protocols in police forces have safely reduced the number of missing episodes from placements by 36%.

[Lord Touhig (Lab)]

My Lords, as I speak at this minute, thousands of unaccompanied asylum-seeking children across Europe are suffering. They are being abused and trafficked. They are self-harming; indeed, as a report from the Council of Europe, which I took part in, showed, a number have taken their own lives. These refugee children not only need our protection; they are entitled to it. Can the Minister say whether he agrees with that and whether this issue will be at the core of the Government’s approach to looking after them?

[Lord Murray of Blidworth (Con)]

I can assure the noble Lord that, as I have already said, the safeguarding and welfare of these children are among the department’s top priorities.