Illegal Migration Bill

Baroness Ludford Excerpts

Committee stage
Wednesday 14th June 2023 Lords Chamber

I suggest that the best—indeed, the only—long-term way of addressing unsafe and illegal migration is through global co-operation, both to support people in need of international protection and to share not the burden but the responsibility internationally. We will need to play our part in that. Creating safe and legal routes will help us to fulfil our international obligations, will reduce the incentive for illegal and unsafe migration, will undermine the business of people smugglers and will go some way to meeting the urgent global need to support displaced persons looking for safety. It is not the whole picture but it gives us a good moral and practical basis on which to participate in wider discussions about how to develop sustainable global solutions. This is not a problem that we can ignore, nor one that can be kept at arm’s length across the channel. Creating additional safe and legal routes must be at the heart of the solution.

[Baroness Ludford (LD)]

My Lords, I wish to speak to my Amendment 129 on refugee family reunion. I am grateful for the support of my noble friend Lord Paddick, the noble Lord, Lord Kerr of Kinlochard, and the noble Baroness, Lady Bennett of Manor Castle.

Refugee family reunion does exist as a safe and legal route but it needs to be expanded. I was proud to steer a Private Member’s Bill on that subject; it passed through this House and is currently in the other place. I picked up the baton from my noble friend Lady Hamwee, who has worked on this issue for many years.

The problem at the moment is not only that the safe routes available to refugees are extremely limited; last year, refugee settlement provided in collaboration with the UNHCR decreased by 39% and the issuing of refugee family reunion visas decreased by nearly a quarter—the right reverend Prelate the Bishop of Durham referred to this. In the year ending March 2022, 6,000 family reunion visas were issued. In the year ending March 2023, there were only 4,600—a reduction of 23%. The Bill misses an opportunity for the UK to curb the number of irregular arrivals by creating more routes to safety and—I would like it to fulfil this opportunity—to allow more family members to join those who have reached safety in this country, including by letting separated refugee children be joined by their closest family members.

Last year, the Nationality and Borders Act restricted access to family reunion for refugees arriving in the UK irregularly. Of course, it has failed to replace the Dublin regulations since we left the EU. The noble Lord, Lord Hannay, referred to the hole that exists for international co-operation; we might refer to that later today. Although those restrictions from last year’s Act are beginning to take effect only now, preliminary research from Refugee Legal Support has already found evidence of children who would previously have been eligible for reunification being stranded in Europe and crossing the channel dangerously.

Australia provides an example of the longer-term impact of this sort of restriction. In 2014, Australia reintroduced temporary protection visas—which do not confer family reunion rights—and has seen an increase in the number of women and children arriving via dangerous journeys. We should remember that 90% of those arriving on family reunion visas in this country are women and children. I am sure I do not need to convince noble Lords of the importance of family reunion for refugees’ integration into their new communities. Surely that should be our aim. If we have allowed people the legal right to settle here, and in some cases be on a path to citizenship, surely we should want to do anything that fosters integration and the physical, emotional and psychological adjustment of people.

Refugees separated from their families can, understandably, experience serious mental health difficulties, compounding the trauma that they have already experienced. This means that they are less able to focus on activities which are essential to integration, such as learning English, building new relationships in the community, and working, which is another topic that we will talk about today. In the other place, the Conservative MP Tim Loughton tabled a new clause seeking to expand eligibility for refugee family reunion, and I applaud him for that. It did not get pushed to a vote.

The problem is that current family reunion entitlements are too restrictive. I have mentioned that refugee children are not allowed to sponsor family members within the Immigration Rules, and we have also had the creation of those bespoke pathways, such as the Afghan route, which do not confer protection status, meaning that some resettled people in the UK have no eligibility for refugee family reunion because they do not have the necessary status to sponsor family. All those with protection needs must have access to refugee family reunion. This pathway should be expanded to allow children to sponsor their parents and siblings and adult refugees to sponsor parents who are dependent on them.

We referred on Monday to the Immigration Minister, Robert Jenrick, announcing on 8 June that the differentiation policy, which under last year’s Act decides whether someone is a group 1 or group 2 refugee, would be paused, and that those previously given group 2 status would have their entitlements increased. However, the announcement says only that the policy will be paused. The power to differentiate will still be on the statute book. Can the Minister explain exactly where that leaves us, and the Government’s intention on how to go forward on this? Will they bring forward an amendment to the Nationality and Borders Act to delete group 2 refugees?

This Bill does not deal directly with refugee family reunion, and my amendment is designed to fill that hole. However, the Bill would dramatically reduce the number of people eligible for this route, as we have discussed, because it makes asylum applications from people who travel irregularly permanently inadmissible. They would never be granted protection status and would therefore never be able to sponsor family members. I propose expanding the Immigration Rules to allow refugee children to sponsor parents and siblings, refugees to sponsor their dependent parents, and Afghans settled via pathways 1 and 3 of the ACRS to be able to act as sponsors for the purposes of refugee family reunion.

I am afraid to say that research from the Refugee Council and Oxfam has found evidence of refugees turning to smugglers after realising that there were no legal routes available to bring their loved ones to join them. A lack of access to family reunification does appear to be a key driver of dangerous journeys. As many as half of those seeking to cross the channel from northern France have family links to the UK.

Finally, our Justice and Home Affairs Committee, chaired by my noble friend Lady Hamwee, published a report in February called All Families Matter: An Inquiry into Family Migration. One of its recommendations was:

“The Government should harmonise which relatives are, or are not, eligible for entry and stay across”


various

“immigration pathways and the Government should be transparent about the reasons for any differences”,

because there is variation in the definition of a family.

I am afraid that the Government’s response had me rather puzzled; it appears to be a bit circular. They say:

“We do not think it is … right … to fully harmonise the conditions … There are clear differences between immigration routes relating to family members. Given the broad and diverse offer for family members across the immigration system, it is right that requirements vary according to the nature and purpose of their stay in the UK”.


I felt that that was a bit circular or tautological—I am not sure which is the right description. They say that, because it varies at the moment, it is right that we carry on with the variations. I do not think that any reasons or explanation were given; it was just stating why we go all round the houses.

I urge support for Amendment 129 and suggest that it is an extremely valuable part of the provisions on safe and legal routes; it is a subset, if you like, of everything we are debating this morning. The problem is that the current provisions are far from being sensibly expanded to the benefit of the families—the settled refugees and their families—and our society as a whole. One thing that we often hear from the Conservative Party is that it is party of the family. Many of us would dispute that; but if it is, it should support not only the maintenance but the expansion of refugee family reunion, which is currently going in the wrong direction.

[Lord Carlile of Berriew (CB)]

My Lords, I have added my name to Amendments 130 and 131, but I speak in support of all the amendments in this group.

There have been some very good and persuasive speeches, but I refer particularly—and I am sure that others will understand why—to the speech made by the noble Lord, Lord Kirkhope. Why? For more than one reason. First, the noble Lord was the Immigration Minister at a time of particular attrition in Bosnia, as he referred to, and he has a great deal of knowledge on that matter. Secondly, he has had the courage to make his speech from the Conservative Back Benches in your Lordships’ House, and I particularly look forward to the Minister dealing, line by line as it were, with every point made by the noble Lord.

Thirdly, my belief is that, somehow or other, the Bill is a visceral part of the attempt to win votes beyond the red wall. However, the Government only have to look at the noble Lord’s history to find somebody who has within his blood and bones the red wall: he cut his teeth in the north-east of England; he represented part of another great city in the north-east of England; and he represented his party in Europe, on behalf of areas beyond the red wall. So, if the Government are listening to those whom they are aspiring to gain votes from, perhaps he, above all, is the person they should be listening to at the moment. I hope he will forgive me, because praise from me may not be altogether familiar or welcome.

I hope that everybody in this House wants to stop the boats. My question is: do we want to stop the boats by means within international law and treaties, or by means that are in breach of those international laws and treaties that we have signed? As I pointed out in a debate I think the day before yesterday—although it might just have been early yesterday—the Home Office website, at least when I was speaking very early yesterday morning, still had on its immigration pages inferences that we have to obey international law on immigration and asylum.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

Obviously, consultation with local authorities is important—they are the primary consultee set out in Clause 58(2)(a)—but, as the noble Lord will see from paragraph (b), other persons and bodies are also possible consultees. All this information will be fed into the decision to be taken by the Secretary of State in drawing up the regulations, and by this House and the other place in discussing them. It is not just about how many people we can house; it is about the whole network of support and integration that we can provide. As the noble Lord will immediately appreciate, Clause 58(5) is there as an enforcement mechanism for Parliament to ask a Secretary of State why they have permitted the cap to be exceeded. That is the purpose of making the Secretary of State lay before Parliament a statement setting out those breaches. That is the purpose of Clause 58(5). It is not envisaged that the Secretary of State will allow the cap to be exceeded, for the sensible reasons that the noble Lord provides.

I must make some progress. Amendment 129, tabled by the noble Baroness, Lady Ludford, seeks significantly to increase the current scope of the UK’s refugee family reunion policy to include additional family members. This amendment needs to be seen in the context of what I submit is already a very generous family reunion policy for bringing families together. Under this policy, we have granted more than 46,000 visas since 2015; that is no small feat, and a fact that the noble Baronesses, Lady Ludford and Lady Bennett, seem to have overlooked.

The focus of our refugee family reunion policy is on reuniting core family groups. This is as it should be. It allows immediate family members—that is, the partner and any children aged under 18—of those granted protection in the UK to join them here, if they formed part of a family unit before the sponsor left their country to seek protection. In exceptional circumstances, children over 18 are also eligible.

There are separate provisions in the Immigration Rules to allow extended family members to sponsor children to come here where there are serious and compelling circumstances. In addition, refugees can sponsor adult dependent relatives living overseas to join them where, due to age, illness or disability, that person requires long-term personal care that can be provided only by relatives in the UK. There is also discretion to grant leave outside of the Immigration Rules which caters for extended family members where there are compelling compassionate circumstances.

Amendment 129 would routinely extend the policy to cover a person’s parents, their adult unmarried children under the age of 25, and their siblings. Extending family reunion without careful consideration of the implications would significantly increase the number of people who would qualify to come here. We must carefully weigh the impact of eligibility criteria against the pressure that this would undoubtedly place on already strained central government and local services.

[Baroness Ludford (LD)]

I am afraid that the Minister’s use of the word “impact” triggered me. It would be very interesting to know, when we get the impact assessment— I hope sooner than “in due course”—the costings the Government would expect from something such as my amendment, or indeed my Private Member’s Bill.

I want to draw attention to something that the noble Baroness, Lady Bennett, mentioned. All the time, the Government imply that those of us who argue for better family reunion, the right to work and not having group 1 and group 2 refugees, are portrayed almost as though we are trying to obstruct the asylum system. Actually, we are trying to front-load it and make it more efficient and streamlined, so that in the end there would not be a backlog of160,000 asylum applications because the system would work better; people would be more integrated and more productive, and would not have to worry all the time about what was happening to their relations.

I am sorry that this has become a bit of a rant but I also have a question. Is the Minister going to cover the point that I felt was not answered in the Government’s response to the Justice and Home Affairs Committee? Why do the Government insist on having all these different definitions of family? Is it not all the time adding more complication into the immigration and asylum system? That is not the best way of getting caseworkers to be able to focus efficiently on their job. It means that, all the time, there are backlogs and inefficiency because the Government insist on not doing the rational thing.

[Lord Murray of Blidworth (Con)]

I recall debating these topics and the very similar text of the noble Baroness’s Private Member’s Bill at its Third Reading. The reality is that she and I differ on the appropriate numbers that would come in and the resources that would then be necessary to attend them. It is simply a policy decision, and we differ on that.

I turn to Amendments 130 and 131, put forward by the noble Baroness, Lady Lister, and the noble Lord, Lord Purvis. These seek to create routes through which an individual may travel to the UK for the purpose of making a claim for asylum or protection. The right reverend Prelate the Bishop of Durham and my noble friend Lord Kirkhope raised a similar point. The Government are clear that those in need of international protection should claim asylum in the first safe country they reach. This policy aligns with international law, and indeed with those of previous Governments, including the previous Labour Government. In answer to the question posed by the noble Lords, Lord Hannay, Lord Purvis and Lord Paddick, that is the fastest route to safety. Such schemes would only add further untold pressure to UK systems.

Amendment 130 defines an eligible applicant as someone who

“is present in a member State of the European Union”.

This underlines the point: EU member states are inherently safe countries with functioning asylum systems. There is therefore no reason why a person should not seek protection in the country concerned. Moreover, this amendment would also encourage more people to make dangerous and unnecessary journeys, including across the Mediterranean, to qualify for a safe passage visa.