Transfer of Responsibility for Relevant Children (Extension to Wales, Scotland and Northern Ireland) Regulations 2017

Baroness Walmsley Excerpts

Monday 22nd January 2018 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, in bringing forward this secondary legislation the Government are seeking to extend the scope of the national transfer scheme for unaccompanied asylum-seeking children to Wales, Scotland and Northern Ireland. The scheme, which the Government launched on 1 July 2016, makes it easier for local authorities to transfer legal responsibility for unaccompanied asylum-seeking children to another participating local authority. The scheme is designed to encourage a fairer distribution of unaccompanied children in local authorities across the UK so that a small number of local authorities are no longer asked to look after a disproportionate number of unaccompanied children and safeguard the best interests of the children concerned.

The national transfer scheme is underpinned by provisions in Part 5 of the Immigration Act 2016. Section 69 of the Act creates a mechanism in England to transfer the responsibility for caring for unaccompanied children from one local authority to another. Section 70 enables the Secretary of State to direct local authorities to provide information about their support to children in their care. Section 71 enables the Secretary of State to direct a local authority that refuses to comply with a request to accept an unaccompanied asylum-seeking child, with written reasons explaining its refusal. Finally, Section 72 enables the Secretary of State to require local authorities to co-operate in the transfer of unaccompanied children from one local authority to another.

These provisions currently apply only to English local authorities. This has meant that local authorities in Wales and Scotland and health and social care trusts in Northern Ireland have not participated in the scheme so far. In extending the scope of the transfer provisions in the Act, this statutory instrument provides the legal framework for local authorities in Wales, Scotland and Northern Ireland to accept transfers under the scheme.

I want to make it clear that the national transfer scheme was designed as a voluntary scheme and we hope that local authorities in Scotland and Wales and health and social care trusts in Northern Ireland will feel able to participate. My officials have worked closely with their counterparts in the devolved Administrations and the local government associations in Scotland and Wales to take account of the unique circumstances in each nation.

As I have already mentioned, there are provisions in the Act for the Secretary of State to mandate the scheme. The Government want the scheme to remain a collaborative effort between central, local and devolved government, and it is in that vein that we have worked with partners across the UK to develop proposals to extend the scheme.

The national transfer scheme has made significant progress since it was launched in July 2016, and we are grateful for the support provided by local authorities that are looking after unaccompanied children. Up to the end of September 2017, 555 unaccompanied children had successfully been transferred. That is a significant achievement but obviously there is more to do. There are still more than 4,500 unaccompanied children in English local authorities, and a handful of local authorities continue to look after a disproportionate number. If we are to achieve a fairer distribution of caring responsibilities across the UK, we need local authorities from all parts of the UK to be able to participate in the scheme so that all children can be afforded the best possible care and support.

We know there is support for the national transfer scheme across the country. That is why it is so important for this legislation to come into force: so that we can build on the excellent work of local authorities in every part of the UK in caring for asylum-seeking and refugee children, and ensure that the national transfer scheme is truly national. I beg to move.

[Baroness Walmsley (LD)]

My Lords, we on these Benches support the national transfer scheme. We believe it is only fair that it should be extended, preferably on a voluntary basis, to the devolved Administrations, particularly since they have been widely consulted. We thank and congratulate those local authorities that have accepted children. Often it is a significant burden, particularly to certain local authorities because of their geographical location, so it is only right that the burden should be spread.

However, I have some questions. How many unaccompanied asylum-seeking children have already been received by the devolved Administrations under the voluntary scheme? What representations have been received from the devolved Administrations about the adequacy of the financial support available to them? How well are families who look after asylum-seeking children supported? There are considerable language and cultural issues with which they need support.

What about the social workers and, preferably, guardians who are needed to steer the children through the process of giving statements to solicitors and to the Home Office? They need advice on the meaning of, for example, “leave until 17 and a half”, which actually means the refusal of an asylum application although it does not sound like it. They need proper professional advice. Lastly, under the present circumstances, what will be the effect on these regulations, if any, of the lack of a power-sharing Administration in Northern Ireland?

[Lord Dubs (Lab)]

My Lords, of course, the transfer scheme has been necessary. There has been more pressure on Kent and Croydon than on other parts of the country, so no one questions the necessity of the scheme. Therefore, it is good to bring Scotland, Wales and Northern Ireland within its scope. I am a little puzzled as to why that has not been done sooner. The scheme has been going for some time. Either it was unnecessary earlier, in which case the Minister will tell us, or there is some other reason. Perhaps she could also tell us how some children have been transferred to Scotland without being part of the scheme, which did not then exist.

I notice from the Explanatory Memorandum that the Government intend to review the funding to be provided for local authorities. I know that the Explanatory Memorandum is not an integral part of the regulations, but it is nevertheless interesting that it has been stated there, and I very much welcome it.

I also welcome the reference to the safeguarding strategy. Can the Minister assure us that the strategy, which was agreed some time ago, will apply equally to Scotland, Wales and Northern Ireland? I think that was the intention, but I am not sure it has happened.

Will the Home Office set up a new consultation to deal with the process of getting children to Scotland, Wales and Northern Ireland? I assume that it has some method of contacting the local authorities there directly—perhaps the Minister will confirm that—so that they can respond immediately; or will this be done through the Scottish Government and the Welsh Assembly? In any case, as the noble Baroness, Lady Walmsley, said, there is also the question of what will happen specifically in Northern Ireland.

We have discussed before the adequacy or otherwise of previous Home Office consultations with local authorities, and we need a new one. If we are to have another consultation on children covered by the transfer scheme, could it not also address other unaccompanied asylum-seeking children dealt with under the new agreement reached between the Prime Minister and President Macron a few days ago? The Home Office could have one wider consultation covering local authorities’ possible responses to the new children coming in, and to those who are the subject of the transfer scheme. This is not the occasion fully to discuss the Sandhurst agreement. All I would say is that, as far as it goes, it is very welcome.