Immigration Bill (Thirteenth sitting)

Debate between Robert Buckland and Emma Lewell-Buck

Tuesday 10th November 2015 Public Bill Committees

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bone.

I apologise to the Committee if I repeat some of the comments that have already been made by my hon. Friends, but I feel we can never hammer home enough the points that we are trying to make today.

I will mainly speak to amendments 226 and 227. Amendment 226 would provide a very basic level of support—just over £5 a day—for destitute families who have been refused asylum. These amendments have three aims: to make sure that vulnerable children are not left destitute; to ensure that families continue to engage with the Home Office; and to head off the danger that the removal of asylum support will in practice see a massive transfer of responsibilities and duties of care from central to local government.

The first point is the most simple and in some ways the most powerful. To be entirely blunt, cutting support will mean that innocent families and their children will go without food or shelter. The Minister noted last week the importance of considering the best interests of children. As a civilised and compassionate nation, we cannot ignore the impact that withdrawing support would have on children’s welfare, health and wellbeing, or the very real dangers that they could be exposed to as a result of their family’s destitution. Without a safety net, families will resort to extreme measures, often turning to illegal work that drives them into the embrace of criminal gangs.

Removing support is also entirely counterproductive, in that it does not have the desired effect of encouraging families to leave the UK. Witnesses at the Committee’s evidence sessions told us the same thing time and time again—you do not get people to leave the country by cutting off their only means of support. All it does is give them every incentive to disappear and to stop engaging with the Home Office. Families will do that because given a choice between destitution in the UK or returning to a homeland where they believe they may be killed or tortured, they will choose the former as the least worst option. When we consider some of the absolutely desperate steps that people have taken to reach the UK to begin with, and that they have risked their lives to make the journey to Britain, we should not underestimate what they will do to stay here.

Removing support forces these families to find other ways to survive, and makes them easy prey for criminal gangs who will ruthlessly exploit their vulnerability for profit. One of the aims of the Bill is to tackle illegal employment, and the very welcome Modern Slavery Act in the last Parliament was intended to help to fight terrible crimes such as human trafficking. By removing support for failed asylum seekers, the Government may undermine both those aims, by gifting the criminals who prey on desperation a new group of people to target and exploit.

The Government seem to think that by encouraging people to leave the UK they can make savings, but their approach just will not have the effect that they intend. If they want to save money, they will do it by engaging people in the process of return. Some 40% of returns are voluntary, and even those that are not voluntary are made much easier when we have records on people and consequently know where to find them. Keeping people on the books costs money, but nothing compared to the alternative. The best way to save money is to conclude cases as quickly as possible, and encouraging people to drop off the radar by removing their support does the exact opposite.

Last week, the Solicitor General stated that he would write to me with full details of how judicial reviews would be funded. Obviously, I am yet to receive such details and I wonder if he could provide them today or before the end of the week.

[The Solicitor General (Robert Buckland)]

I will write to the hon. Lady this week.

[Mrs Lewell-Buck]

I thank the Solicitor General for that.

There is a further cost issue to consider, which is the impact the proposed change would have on local authorities. Last week, the Minister and I had a long discussion about the ongoing dialogue with local authorities. I stand by what I said last week. I am not convinced that discussing with local authorities the impact of these burdens that will be placed on them once the Bill is already in place is the right way to do things.

Asylum seekers who find themselves destitute will be scooped up by local authority services—statutory homelessness services, child protection services under the Children Act 1989, mental health services, adult social care services and so on.

Immigration Bill (Eleventh sitting)

Debate between Robert Buckland and Emma Lewell-Buck

Thursday 5th November 2015 Public Bill Committees

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

Sorry for backtracking, but I am a little confused by the Minister’s reference to judicial review. Many families will not have the money to pay for such reviews, so who would fund them?

[The Solicitor General]

I am grateful to the hon. Lady. I will get full clarification about the funding of applications in a moment and will come back to her.

If I may develop my point about the quality of decision making, several improvements have been made since 2010 in order to simplify policy and guidance. The introduction of a number of quality audit processes allows for the ongoing refinement of operating processes, which strengthens and enhances decision-making quality. The accumulation of those measures means that we now have tools and processes that help caseworkers to make more efficient, effective and fairer decisions in line with the relevant immigration rules and Home Office policy and guidance. I accept that there is still a way to go, but progress is being made.

Since 2010, UK Visas and Immigration has put in place measures to ensure the continuous review of its operations, so that proper feedback mechanisms can further improve quality and we ensure we make the right decision first time as often as possible. For example, UKVI has placed a focus on decision quality at the centre of caseworking objectives, introducing a quality objective in all caseworker objectives within performance appraisals. When it comes to ranking performance, the marking of quality assessment is an essential part of that process. Such measures are being put front and centre, which helps to answer the genuine queries and concerns of constituents, including mine.

The hon. Member for Paisley and Renfrewshire North alluded to that. I am grateful to him for asking a number of parliamentary questions—in recent hours—about statistics that he regards as important indicators of the success or otherwise of measures that have been introduced in recent years. I note that some of the questions refer both to the power relating to EEA nationals and to section 94B. I am not making a criticism, but he asks a comprehensive range of questions, and we are today purely dealing with section 94B and not EEA nationals. Replies will be provided as soon as possible, but we must take care in reading across data from foreign national offender cases to all human rights cases. I think he would accept that. The case law clearly states that public interest is stronger when it comes to criminal cases, although there is of course a clear and strong public interest in the removal of any individual who has no right to be in the UK. I promise him that he will get answers to his questions.

The hon. Gentleman made the point about the best interests of children, which he wants in the Bill. May I give him some comfort? We already have primary legislation—section 55 of the Borders, Citizenship and Immigration Act 2009—that puts children’s best interests into print and are the guiding principles for decision makers when it comes to cases involving children. That is a sufficient safeguard, together with the guidance that we have debated and discussed, which will address the legitimate issues that he raises.

The hon. Gentleman asked about the difficulty of appealing from abroad. I accept, as did the Court of Appeal, that an out-of-country appeal will be, in many cases, less advantageous to an appellant than an in-country appeal. As I have said before, article 8 does not require the appellant to have access to the best possible appellate procedure or even to the most advantageous one. It requires access to a procedure that meets the essential requirements of effectiveness and fairness. I pray in aid the statistics that the Court used and that I mentioned this morning to give Members reassurance that we are in a situation in which there is not an obvious and clear detriment to appellants, bearing in mind the entry clearance statistics, which always involve out-of-UK appeals.