Refugees (Family Reunion) Bill [HL]

Baroness Bennett of Manor Castle Excerpts

2nd reading
Friday 8th July 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, again, I offer the Green group’s support for the Refugees (Family Reunion) Bill, brought to us by the noble Baroness, Lady Ludford. I pay tribute to her long-term and dedicated work, and that of the noble Baroness, Lady Hamwee. Indeed, I see the noble Lord, Lord Dubs, in his place. Your Lordships’ House has a proud record on this; we really need to see some progress from the Government on it.

I will attempt not to repeat what has already been said; basically, I agree with every word. I will focus on just three points. The first is legal aid. The practical reality is that you can have whatever law you like, but if you do not have the ability to exercise rights under that law, justice unfunded is justice denied. Without legal aid, it is impossible for people to exercise properly the rights they have.

The history of this is that, under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, refugee family reunion applications were removed from access to legal aid. The practical reality is that campaigning groups, charities and those supporting refugees—very often child refugees, as the right reverend Prelate said—have to find funding to support their legal costs in cases to exert the rights they have. I am sure the Minister will argue that this is a simple administrative procedure, but the practicality is that this is extremely complex and difficult. Refugees usually need to rely on at least a solicitor. This Bill is crucial in restoring legal aid for refugee family reunion cases. It will not introduce a new right; it just means that people can exercise rights that already exist.

The second point I would like to pick up is that raised by the noble Baroness, Lady Ludford, who pointed out that this Bill is similar to a number of Bills that have been introduced. However, circumstances of refugee policy have changed significantly even since the last time this Bill was introduced. We have had a great deal of reference to the situation of Afghan refugees, and we have the Afghan relocations and assistance policy and the Afghan citizens resettlement scheme.

I feel I have to take this opportunity to note that a case recently highlighted that there are still 180 British Council contractors trapped in Afghanistan, of whom 85 are regarded as being at extremely high risk. The Government have made special provision to allow them to apply for refugee status, but they have had no advice or, as I understand it, support on getting out of Afghanistan, which is, of course, essential for them to exercise that right. I do not know whether the Minister can provide any information on that but I would be very interested in it.

There is the Afghan situation, the Hong Kong British national (overseas) visa and Ukrainian refugees, who have already been widely referred to, so we have seen real change in the approach to refugees in the past year or so, but it is limited to certain groups and nationalities. Surely refugee rights are some of the most basic rights that must apply to all people fleeing persecution, war and danger, not just those from some countries. The situation is different from when we have previously debated this Bill.

Finally, like the right reverend Prelate I want to pick up the situation of children. We have far fewer rights for children for family reunion than almost every other European country. Do the Government really want to be world-leading in cruelty to child refugees, some of the most vulnerable people on this planet? I acknowledge that the Government are world-leading in this, but I rather doubt that they will acknowledge that fact—although it is a fact.

I always believe that we should try to listen to the voices of others in your Lordships’ House. Like others from the Families Together campaign group, I received a statement from the Kent Refugee Action Network’s youth ambassadors. I previously heard them speaking, and a powerful and wonderfully impressive group of young people they are. They say:

“Young refugees must face hostile immigration and other challenges alone. This is doubly hard without the support of our families. And even when we do well, and are lucky enough to secure a university place, there is no one to share this with as other young people can. For important choices about our futures, there is no Dad or Mum to talk to. When life is tough, we feel broken with no embrace to reassure us. It is as if part of us is missing.”


It is a government policy choice to create that situation, and I say that that is indefensible.

--- Later in debate ---

[Lord Sharpe of Epsom (Con)]

My Lords, first, I thank the noble Baroness, Lady Ludford, for raising this important and sensitive issue; I extend those thanks to her colleague, the noble Baroness, Lady Hamwee, who I know has also been very persistent on this subject.

I thank noble Lords for the thoughtful, and in many cases powerful and passionate, contributions we have heard today. I join the noble Lord, Lord Paddick, in singling out the noble Lord, Lord Dubs. I have not had the opportunity to say this from the Dispatch Box before, but I have long been an admirer of his—indeed, since before I came into this House. I also thank the noble Baroness, Lady Neuberger; I was moved by her points on a sense of abandonment. I will read the accounts to which she referred because I would like to know more about them.

Many noble Lords referenced integration assessments. These sit outside the Home Office; they are a separate departmental issue. I think they are probably for the Department for Education, although I would need to confirm that. I will, however, raise the subject with that department, and I commit to write; I cannot go further on that at this point.

I begin by reassuring noble Lords that we listen carefully to their contributions. Indeed, this Government fully support the principle of family unity and share their concerns for those families who have been separated by conflict or oppression. It is for precisely this reason that the Government already have a comprehensive framework for reuniting refugees with their families here in the UK. I remind noble Lords that this framework is set out in the Immigration Rules and our refugee family reunion policy.

The Government’s policy fully recognises that families can become fragmented because of the nature of conflict and persecution and the speed and manner in which those seeking protection are often forced to flee their own country; we have heard many such heartbreaking stories throughout this debate. The family reunion policy allows those recognised as refugees or granted humanitarian protection in the UK to sponsor their spouse or partner and children under the age of 18 to join them here if the family unit was formed before their refugee sponsor fled their country of origin. This has seen more than 41,000 individuals reunited with their refugee family members since 2015—a significant number that highlights the policy’s success as a safe and legal route for families to reunite in the UK.

I would point out that not only is there no fee to make a refugee family reunion application, but sponsors are also not required to meet any financial or maintenance requirements to be reunited. This is extended to ensure that the immediate family of refugees can reunite here in the UK, without unnecessary barriers. There are also existing rules in place for extended families of refugees in the UK to sponsor children where there are serious and compelling circumstances. Further, our policy is clear that refugees can sponsor adult-dependent relatives living overseas to join them where, due to circumstances such as age, illness or disability, that person requires long-term personal care that can be provided only by relatives here in the UK.

The Government recognise that some applicants do not meet the current rules. That is why the policy additionally makes it clear that there is discretion to grant leave, outside of the Immigration Rules, which caters for extended family members in exceptional circumstances: for example, young adult sons or daughters who are dependent on family here and living in dangerous situations.

As noble Lords will be aware, the Government completed their review of safe and legal routes last year and laid a report in Parliament on 22 July 2021 confirming that the UK wants to be bold and ambitious in the safe and legal routes it provides. On family reunion, we have further clarified in the Immigration Rules the range of scenarios in which exceptional circumstances may be engaged, so that our decision-makers have the right tools to make consistent decisions while applicants will have greater transparency on how applications will be assessed. The new Immigration Rules came into force on 28 June, as has been noted. Alongside them, we have also improved our guidance to provide clarity about the application process to make it easier for applicants to understand what is expected of them.

This Bill would allow for potentially tens of thousands of extended family members to be entitled to come here, with challenging implications for our local authorities and public services. Expanding the policy to extended family would absolutely have a significant impact on already stretched public resources. We need to ensure our limited resources are focused on helping the most vulnerable. Further, we are clear that significantly expanding our policy to enable children to sponsor family members goes against our safeguarding responsibilities. It is highly likely that this would create further incentives for more children to be encouraged, or even forced, to leave their family and risk extremely dangerous journeys to the UK in order to later sponsor relatives.

I accept that this is disputed but, as an aside, we know that this is something a number of EU states have experienced, so it would achieve the opposite outcome to that desired by the Bill. Such an approach would open children up to a huge exploitation risk, which completely contradicts the hard work and commitment the Home Office has made in protecting children from modern slavery and exploitation. We refuse to play into the hands of criminal gangs, and therefore cannot extend this policy to allow child refugees to sponsor family members into the UK. Such a move would undoubtedly risk more children being encouraged, or even forced, to leave their families and risk hazardous, potentially life-threatening, journeys to the UK—potentially in the hands of criminal gangs.

I must also stress that while family unity is a key priority under this policy, your Lordships will appreciate that we have a range of aims further to this, including ensuring that we have reasonable control over immigration and that public services, such as schools and hospitals, are not placed under unreasonable pressure. The noble Lord, Lord Paddick, asked how, in that case, we could square it with granting a million visas for higher-paying jobs. I would have thought that the clue is in the question: they are higher-paying jobs, so they impose less of a strain on public services, particularly social housing and what have you.

Article 8 of the ECHR, the right to respect for family and private life, is a qualified right. It is therefore the prerogative of a responsible Government to consider the economic well-being of the country and balance Article 8 with the interest of the public purse.

The Bill also proposes reinstating legal aid in family reunion cases. However, I remind noble Lords that legal aid for refugee family reunion may already be available under the exceptional case funding scheme, where failure to provide legal aid would mean a breach or a risk of breach of the individual’s human rights, subject to means and merits tests. In 2019 the Government amended the scope of legal aid so that separated migrant children are able to receive civil legal aid for applications by their family members and extended family members. This includes entry clearance, leave to enter or leave to remain in the UK, made under the Immigration Rules or outside the rules, on the basis of exceptional or compassionate and compelling circumstances.

Legal aid is paid for by taxpayers and, as noble Lords will understand, resources are not limitless. It is important that it is provided for those most in need, including those who seek protection. As I set out earlier—

[Baroness Bennett of Manor Castle (GP)]

I thank the Minister for giving way. Can he say in how many cases such legal aid has been granted? If he cannot now, perhaps he could write.

[Lord Sharpe of Epsom (Con)]

I will have to write the noble Baroness. I am sorry, I do not know.

As I set out, the Government’s family reunion policy is designed to welcome the immediate family members of those recognised as needing protection in the UK, but we also provide protection to the most vulnerable direct from regions of conflict and instability. Sadly, global humanitarian need continues to grow, with over 100 million people around the world forced from their homes and around 27 million refugees. I reiterate the UK’s generous resettlement offers, which are an integral component of our response to this challenge, addressing the needs of some of the most vulnerable refugees. The UK provides safe and legal routes for tens of thousands of people to start new lives here, through the new global UK resettlement scheme, as well as the community sponsorship and mandate resettlement schemes.

As has been referred to by many noble Lords, in January, the Government launched the Afghan citizens resettlement scheme, providing up to 20,000 women, children and others at risk with a safe and legal route to resettle in the UK. I need to make it absolutely clear, particularly in reference to the point from the noble Baroness, Lady Wheatcroft, that no children are detained in hotels. We have sought to provide a comfortable and supportive environment for children while they await permanent placement.

In March, in response to the Russian invasion of Ukraine, we launched the Ukraine family scheme and the Homes for Ukraine Scheme, both of which are uncapped and have allowed hundreds of thousands of individuals to seek sanctuary in the UK. I should point out how these schemes clearly demonstrate the commitment made by the Government’s new plan for immigration to strengthen our safe and legal routes to the UK for those in need of protection. The concessions put in place have been designed to address the very specific set of circumstances that have unfolded in Ukraine. These are time-limited and the honest answer to the question from the noble Lord, Lord Paddick, about what the difference is, is that it is Putin’s war.

In answer to the noble Lord, Lord Kennedy, about the Dubs scheme, the Government did not shut it down; it was a one-off commitment that was completed. I cannot really argue with the numbers; I am not in a position to do that—it may well not have been the right number in the first place—but it was not shut down.