Draft Immigration (Age Assessments) Regulations 2023

Debate between Chris Stephens and Robert Jenrick

Monday 20th November 2023 General Committees

[Chris Stephens (Glasgow South West) (SNP)]

The Minister is trying to tackle this issue on the basis of adults claiming that they are children, but we also know that people seeking sanctuary and asylum are claiming sanctuary and asylum as adults when they are actually children. Does he have the relevant figures to hand?

[Robert Jenrick]

I do not have those figures. Having done this job for more than a year now, I have never come across any instances—

[Chris Stephens]

I have.

[Robert Jenrick]

If that is the case, the hon. Member should provide them, but I have never been provided with any data or indeed anecdote of a child deliberately posing as an adult. All the data I have seen goes in the other direction, with adults posing as children in the belief, mistaken or otherwise, that they will receive better treatment here in the United Kingdom. That is the issue we are trying to resolve. Why does that matter? Because none of us want to see adults posing as minors and being placed in the same settings as genuine children. That is not an academic debate; it is a very serious matter. I have seen some of the appalling problems that can arise, including a case in which an individual went into the loving care of foster carers and then into a primary school, and ultimately went on to murder somebody in Bournemouth. Sadly, I could cite other incidents like that. This is what we are trying to stop.

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[Robert Jenrick]

My hon. Friend speaks with great experience and is absolutely right: this change will improve the overall evidential standard of decisions, and will be particularly useful to weed out the obviously egregious instances that we all see represented in the media, which in my role I see all too often.

[Chris Stephens]

rose—

[Robert Jenrick]

If I may make a little progress, I will come back to the hon. Gentleman.

The statutory instrument specifies scientific methods for the age-assessment process, including magnetic resonance imaging of the bones of the knee and radiographs of the lower wisdom teeth and the bones of the hand and wrist. The images will be used to assess the skeletal and dental development, or maturation, of the bones and teeth. The methods have been recommended by the Age Estimation Science Advisory Committee.

Once scientific methods have been specified, if an age-disputed person refuses to consent, without reasonable grounds, to the use of those methods as part of the assessment of their age, a decision maker must take that refusal to consent as damaging the age-disputed person’s credibility. That is referred to as negative inference. The damage to credibility included in the statutory instrument is for the purpose only of deciding whether to believe any statement that the person has made that is relevant to the assessment of their age, not of deciding the person’s credibility in their wider immigration claim.

The Home Office considers the taking of a negative inference appropriate and proportionate to prevent abuse of the immigration system. If individuals who deliberately misrepresented their ages were able to refuse to undergo scientific methods of age assessment without any consequence, it would undermine the UK’s ability to prevent adults from accessing children’s services and to safeguard genuine children using those services. A refusal to consent to a specified scientific method of age assessment without reasonable grounds would not automatically preclude the individual’s being considered a child. That refusal would still need to be taken into account alongside other relevant evidence as part of the comprehensive age-assessment process undertaken by social workers.

Members should also note that there has to be reasonable doubt about an individual’s age for them to go through the age-assessment process. The Committee can be reassured that those who are clearly children will be identified at the initial age-determination process at the border, so will not subject to any of the relevant procedures at all.

[Chris Stephens]

The Minister is being generous in giving way. He mentioned the Age Estimation Science Advisory Committee; is it not the case that it reported to the Government that it can estimate only whether an age is possible?

[Robert Jenrick]

As I think I have said, the Age Estimation Science Advisory Committee recommended that there was no precise way to estimate an individual’s age, but it did conclude that taking age assessment into consideration was a worthwhile thing to do because it would help us to get closer to the correct age. That is an important step forward and is one reason why most other European countries adopt such an approach.

Illegal Migration

Debate between Chris Stephens and Robert Jenrick

Tuesday 24th October 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

The Minister will know that Mears has recently signed a contract with a hotel in Glasgow South West, so perhaps he can update us on the status of that contract. He has mentioned the backlog. Not everyone in a hotel in asylum accommodation is illegal; some will be successful in being granted refugee status. Can he tell us what discussions he is having with local authorities—I am thinking of Glasgow City Council in particular—on supporting and providing financial support for those successful refugees who will have to leave their hotel or asylum accommodation following a decision? Will he meet me and my Glasgow colleagues to discuss this issue?

Can the Minister tell us the estimated total operational and associated costs of this new system that he is creating, including barges, military sites, detention facilities and removal centres, alongside the proposed Rwanda deportations? Finally, an investigation by “The News Agents” has found that people traffickers say they are having an easier time sending small boats across the channel because of Brexit, which removed biometric system sharing and pan-European co-operation. What steps is he taking to create a returns agreement with the European Union, binding closer alignment with the EU and system sharing?

[Robert Jenrick]

Far be it from me to cast doubt on the journalism of “The News Agents”, but I disagree with the premise of the hon. Gentleman’s question. In this role, I have come to the view that leaving the European Union was more important than ever because the migration crisis being faced by Europe today, which is likely to grow every year in the years and decades to come, will be very significant and challenging. The ability to control our own borders and make our own decisions is critical for the future of this country.

With respect to the situation in Glasgow, I would be happy to meet the hon. Gentleman there. Glasgow has had a high preponderance of asylum seekers, as he will know, but that was the choice of the Scottish Government. To my eyes, they did not want to house asylum seekers in other parts of Scotland. That is now changing, but it does mean that there will be a particular challenge in his community and I would be happy to meet him to discuss that.

Oral Answers to Questions

Debate between Chris Stephens and Robert Jenrick

Monday 3rd July 2023 Commons Chamber

[Robert Jenrick]

I used to say that the Labour party does not have a plan, but the truth is that it does have a plan, but it is a plan that would make things significantly worse. It is a plan that would ensure more granting of cases; more safe and legal routes, so even more individuals would come here; more hotels; and more cost to the British taxpayer. What is so disgraceful is the level of hypocrisy. We only have to look at the record of Welsh Labour to see that. In Wales, the Welsh Minister for Social Justice declared on 15 occasions in the Senedd that Labour-run Wales was “a nation of sanctuary”, but across the same period, Labour-run Wales accommodated 176 fewer asylum seekers. In fact, the latest published data shows that Labour-run Wales has taken just half the number of people that it should per capita.

[Chris Stephens (Glasgow South West) (SNP)]

5. Whether she has had recent discussions with the devolved Administrations on the Illegal Migration Bill.

[The Minister for Immigration (Robert Jenrick)]

I have engaged regularly with the devolved Administrations on the Illegal Migration Bill since its introduction in March, in addition to my periodic meetings with my ministerial counterparts on a variety of immigration issues. Most recently, I met the Scottish Minister for Equalities, Migration and Refugees in May. Looking ahead, the Bill is on the agenda for the inter-ministerial group for safety, security and migration, which my right hon. and learned Friend the Home Secretary will chair later this month.

[Chris Stephens]

The Bill will place restrictions on the powers of Scottish Ministers, removing the entitlement for victims of human trafficking and exploitation to access Scottish Government-funded support services, and will undermine the Scottish Government’s ability to deliver on their trafficking and exploitation strategy. We know what route the Government’s damaging ideology is dragging them down, but why should Scotland’s elected Parliament and the devolved Administrations be dragged down the same route, when it is abundantly clear that we want no part of the hostile environment ideology?

[Robert Jenrick]

If the Scottish Government cared so deeply about this issue, they would accommodate more asylum seekers. The SNP Government are accommodating just 4.5% of the total asylum population being accommodated in the UK, when Scotland makes up 8.1% of the UK population. I took the time to look at some of the statistics for those local authorities in Scotland where the SNP is the largest party: Clackmannanshire, zero asylum seekers; Dundee, zero asylum seekers; East Ayrshire, zero; East Dunbartonshire, zero; Midlothian, zero; North Ayrshire—want to take a guess, Mr Speaker? —zero; North Lanarkshire, six—

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[Robert Jenrick]

The Minister for Veterans’ Affairs, my right hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) and I launched a programme that provides significant support to councils like Liverpool to help individuals find alternative accommodation. That might be in the private rental sector or it might be in social housing, but I think we can all agree on the principle that it is not right for individuals or families to live in hotel accommodation for over two years. We need to help those people out of the hotels this summer.

[Chris Stephens (Glasgow South West) (SNP)]

The Immigration Minister’s earlier claim will come as news to the Labour and Conservative coalition which runs North Lanarkshire Council and a surprise to a director of Mears who confirmed to me that North Lanarkshire Council houses not just asylum seekers but refugees. The Immigration Minister has now given factually wrong information to this House three times. When will he apologise to the House, and will he come back to it to give proper information?

Oral Answers to Questions

Debate between Chris Stephens and Robert Jenrick

Monday 20th March 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

8. What recent assessment she has made of the potential impact of the Illegal Migration Bill on levels of (a) modern slavery and (b) sex trafficking.

[The Minister for Immigration (Robert Jenrick)]

Let me be clear: the UK Government are committed to tackling the heinous crime of modern slavery and to supporting victims. We continue to invest in the police to support them to improve the support they offer victims, and to drive up prosecutions. A total of £16.5 million has been provided by the Home Office since 2016, including £1.4 million last year for the modern slavery and organised crime unit.

[Chris Stephens (Glasgow South West) (SNP)]

First, my thoughts and prayers are with my constituents the Gentle family, who lost their son Gordon during the Iraq war. We should remember all those military families who lost loved ones during that conflict.

Is the Salvation Army correct when it points out that detaining trafficking victims as they arrive and then removing them will simply deliver vulnerable people back into the hands of the criminal gangs that exploited them in the first place, and that that does nothing to break the cycle of exploitation but only further fuels the profits of these criminal gangs?

[Robert Jenrick]

No, the hon. Gentleman is wrong. The Illegal Migration Bill makes it clear that we want to break the cycle of the human traffickers. We will do that by carefully considering cases and returning those people who can be returned to their home country, where it is safe to do so. In cases such as Albania, we have worked closely with the Government to put in place the procedures necessary to ensure that those people are carefully looked after and not at risk of re-trafficking. If that is not the case, they will be taken to a safe third country such as Rwanda where, once again, their needs will be looked after.

Knowsley Incident

Debate between Chris Stephens and Robert Jenrick

Monday 20th February 2023 Commons Chamber

[Robert Jenrick]

I will take the hon. Gentleman’s question away and ask the Security Minister to write to him with a fuller reply. I have always taken extremism seriously. For example, I worked with Sara Khan in her work on tackling the victims of extremism. Extremism, whether from the far right or Islamism, is pernicious and needs to be tackled. We will do everything we can to address it.

[Chris Stephens (Glasgow South West) (SNP)]

The Minister will be aware that there are asylum seekers who have complex physical and mental health needs, and placing them in hotels can exacerbate those needs. Can he assure us that he will speak to the refugee charities, particularly the Scottish Refugee Council and the Refugee Council, about both the far-right activity and their concerns about placing asylum seekers in hotel accommodation?

[Robert Jenrick]

The Home Office works very closely with non-governmental organisations, including the Refugee Council, and takes their views into consideration. I have been clear that no one in Government wants to see the hotel accommodation continue for one day more than is absolutely necessary. There are only two ways in which we will resolve this: first, and most importantly, by stopping the boats coming in the first place; and secondly, for as long as we have illegal migration, by working with local authorities, such as those in Scotland, to find better dispersal accommodation. If the hon. Gentleman can support us in that effort with respect to the Scottish Government and local authorities, I would be grateful.

Oral Answers to Questions

Debate between Chris Stephens and Robert Jenrick

Monday 14th November 2022 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

T6. We have cases marked urgent not responded to within two months and weekly phone calls with MPs’ offices being cancelled at short notice. When will Ministers get a grip of officials and make sure that Members of this House are treated with respect, so that we can represent our constituents?

[Robert Jenrick]

The hon. Gentleman and I have already spoken about this matter, and it is absolutely right that officials at the Home Office treat Members of Parliament and their staff with the respect they deserve and that we ensure they get the relevant meetings and decisions. Anything I can do to facilitate that—for him or any other colleague—of course I will do.

Building Safety Bill

Debate between Chris Stephens and Robert Jenrick

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Robert Jenrick]

Absolutely. Thank you, Madam Deputy Speaker. I chose to make the statement directly to the House of Commons and I will come on in a moment to set out the contents of it. The written ministerial statement merely summarises that.

In the actions we have taken and those we take today, we have always prioritised public safety. As I said earlier, the Bill before us will create a strong regulatory regime for all new high-rise buildings. However, it is also important that we put the risk of a fire, and in particular the risk of a fatal fire, into context. It is very low for all buildings of all heights. Dwelling fires have reduced by more than a quarter over the last decade and are now at an all-time low. It is right that we address safety issues where they exist and are a threat to life, but we must do so in a proportionate way guided by expert advice. That is why, through the Bill, we are drawing a very clear line at 18 metres for the enhanced regulatory regime. That is on the advice of building and fire experts that those are the buildings that pose the greatest safety risks in the event of fire spread or structural failure, albeit even there the risk should not be overstated given the low occurrence of fires and the even lower occurrence of fatalities. We are also including hospitals and care homes that meet the height threshold during their design and construction.

[Chris Stephens (Glasgow South West) (SNP)]

The Secretary of State mentioned discussions with the industry. What can he say to companies in the Glasgow South West constituency, such as Bell Building Projects Ltd, that cannot get the appropriate indemnity insurance because insurance companies will not provide it? That company specialises in cladding. What discussions has the Secretary of State had with insurance companies to enable that company to do cladding across the UK?

[Robert Jenrick]

I have been working intensively with those in the insurance sector and it is incumbent on them to bring forward products. We do not believe that it is the role of the state to step in and correct the market failure in its totality, but we are bringing forward a product—I will say something more about this later in my remarks—with particular reference to professional indemnity insurance for those assessors who are conducting EWS1 forms or equivalent. That is designed to give them the confidence to take the most proportionate risk-based approach to those assessments, which some are not able to do today.