Nationality and Borders Bill

Earl of Dundee Excerpts

Lords Hansard - Part 2 & Report stage
Monday 28th February 2022 Lords Chamber

[Baroness Meacher (CB)]

My Lords, I very strongly support this amendment, to which I have added my name.

In Committee, the Minister referred to the integrity of the labour market as a route being one reason to reject this amendment and the noble Baroness, Lady Lister, dealt with that very well, so I will not repeat her comments. The only other real argument against reducing the UK’s exceptional period before asylum seekers can apply for permission to work was, as the noble Baroness, Lady Stroud, said, the so-called pull factor encouraging asylum seekers to come to this country. I want to say a bit more about that because it really is very difficult to take seriously under the circumstances. When Germany allows asylum seekers to work after three months, Italy after two months, Portugal after just one week, can our Government really justify the current one-year ban and argue that if we changed it, there would be this serious pull factor problem?

If the Minister accepts this amendment, we will have the same employment restriction as France, Spain, Denmark, Poland, the Netherlands, Ireland and Greece, and we would remain more restrictive than all other western European countries. Ireland was the only other western European outlier until it recently reduced its nine months restriction down to six months in 2021. This amendment would do no more than Ireland did to bring it into line with the list of countries I have already referred to.

The fact is, the UK has a longer employment restriction for asylum seekers than any other comparable country. I just feel ashamed of us, to be honest—I think it is disgraceful. Moreover, it seems the Government have no grounds to argue that enabling asylum seekers to work will, in fact, act as a pull factor. A recent review of 29 academic papers on this subject found that there was no correlation between the right to work and where people seeking asylum chose to seek protection; the noble Baroness, Lady Stroud, explained that perfectly clearly so, again, I do not need to repeat her words.

The other very important reform in this amendment is to end the iniquitous limitation on asylum seekers, even after the 12-month ban, to jobs on an extremely limited shortage occupation list—I seem to remember one of them was a ballerina or something. How many asylum seekers can really take up ballet? This renders employment impossible for the vast majority of asylum seekers until their application is finally approved.

The assumption behind this amendment is that asylum seekers would, after six months, become automatically eligible for a work permit, enabling them to become self-employed or to take up any job, to pay taxes and national insurance, and so on. It will be very difficult to justify not accepting this amendment.

In summary, I do not accept the arguments put by the Minister in Committee. I just hope that she and her colleagues have reconsidered their position. On 8 December 2021, I understand that the Home Office said in a Written Statement that it had concluded its review of the current policy. This is surely a perfect moment to introduce reform.

[The Earl of Dundee (Con)]

My Lords, I join my noble friend Lady Stroud and others in strongly supporting this amendment. The proposition is that asylum seekers who have waited six months for an initial decision should be allowed the right to work.

Clearly, and as has already been said, this measure can provide important safeguards. Not being held up from work assists motivation, attitude of mind and mental health, as it also preserves dignity and protects against the danger of modern slavery. Yet it might be alleged, or wrongly assumed, that such benefits to the applicant come at a high price—even at an unacceptable price—to the host country: that the workforce would thereby become top-heavy causing much national resentment and attracting too many to come here from other countries. Yet, on all these three counts, the truth is the complete opposite.

As my noble friend Lady Stroud pointed out, 125,000 people await an asylum decision. With our current labour shortages these numbers, if allowed to work, would considerably boost our economy; that is also well recognised. Far from fear and resentment, there is wide national approval, with over 70% believing that asylum seekers in the system longer than six months should have the right to work.