Immigration Act 2016

Baroness Butler-Sloss Excerpts

Wednesday 19th July 2017 Lords Chamber

[Baroness Williams of Trafford]

The Government have consulted fully with local authorities. We held roadshows up and down the country. The FOI response to which the noble Baroness has referred talks, I think, about spare capacity for 784 unaccompanied asylum-seeking children. These figures are entirely at odds with our consultation and do not reflect capacity among local authorities. Over recent weeks and months there has been a lot of misunderstanding about the purpose of the 0.07% threshold to which I assume she is referring. It is neither a target for the number of unaccompanied asylum-seeking children that we would expect to see in a local authority area, nor is it an assessment of a local authority’s capacity to accommodate unaccompanied asylum-seeking children. It is an indication of when a local authority is caring for a disproportionate number of such children, as some local authorities are, and when we would expect to see them transfer away from that authority. Drawing conclusions about local authority capacity by automatically assigning them from their 0.07% threshold is a flawed methodology which fails to reflect existing capacity.

[Baroness Butler-Sloss (CB)]

My Lords, I declare an interest as the co-chairman of the report on unaccompanied minors in Europe, which our committee launched last week. I want to make two points. Northern Ireland and Scotland have both offered to take children but we were told in evidence that neither of them has been invited to take any at all. I hope the Minister has read our report, which talks about children being teargassed daily by the riot police in northern France and the terrible conditions in both Italy and Greece. I wonder if she and others in the Government can see that, according to the evidence we received, no effort whatever is being made to identify Dubs children in Calais and Dunkirk or indeed in Italy and Greece. Moreover, no effort at all is being made to identify any of the children with an entitlement under Dublin III. This is a catastrophe for these children and I feel passionate about it. However, nothing seems to be being done.

[Baroness Williams of Trafford]

I recognise the passion of the noble and learned Baroness, and she and I have talked about this on a number of occasions. I have read her report. The first thing I should say about the treatment by police of children in France is a point I have made in the House before: the prime responsibility for unaccompanied children in Europe lies with the authorities of the countries in which the children are present. We continue to work with our European and international partners to reach a solution to the migrant crisis, and the UK has contributed significantly to that in hosting, supporting and protecting the most vulnerable children. We have a very strong track record on co-operating with France to manage the situation in Calais and protect the shared border. The safest way for eligible children to be transferred to the UK is by claiming asylum in France. Children with qualifying family members in the UK will be transferred to the UK to claim asylum where it is in their best interests to do so. Also, more children will be referred under Section 67 of the Immigration Act 2016.