Refugees (Family Reunion) (No.2) Bill

Ed Davey Excerpts

2nd reading: House of Commons
Friday 16th March 2018 Commons Chamber

[Angus Brendan MacNeil]

The right hon. Lady is absolutely correct. Later I will quote from a speech that my hon. Friend the Member for Dundee West (Chris Law) made on 22 February, in which he made exactly that point. We must remember why people become refugees and travel here. I thank the right hon. Lady for her support, along with the hon. Member for Bromley and Chislehurst (Robert Neill), who I think is a distant cousin—I do not want to land him in any more trouble.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

I am delighted that the hon. Gentleman has brought forward this Bill, which follows the Bill introduced in the other place by my noble Friend Baroness Hamwee. If the Government tell us today that the Bill would provide a pull factor, we should vote against them for that reason alone, because the reality, as the right hon. Member for Broxtowe (Anna Soubry) said, is that people become refugees because of the push factor. We have to support these people, who are fleeing appalling conditions.

[Angus Brendan MacNeil]

The right hon. Gentleman is absolutely right. I have seen a blog post from the Government, under the headline “Bill to reunite refugees with families will make their lives harder”, which is Orwellian doublespeak of the worst kind. Hopefully the Government will think again about the words they have chosen. My hon. Friend the Member for Central Ayrshire (Dr Whitford) made that point well when she talked about the photograph.

--- Later in debate ---

[Angus Brendan MacNeil]

Absolutely. Everybody will be a winner if the unnecessary bureaucracy that has been created around this issue is removed, or at least redesigned to help people rather than hinder them. The hon. Lady makes a good point.

I hope that the Government can at least support the provisions on dependent children, because bringing such young people firmly within the rules would have a number of benefits. First, it would give those families that apply to be reunited more certainty that they are eligible. There is no separate family reunion application to be reunited outside of the rules, only the main refugee family application form. The family then has to rely on caseworkers seeing that there are exceptional circumstances and applying their discretion.

For those families who are able to reunite under the discretionary element of the rules, there are further problems when the family member arrives in the UK. Under the main family reunion rules, family members who come to the UK get the same type of leave as the relative they are joining. That means that they are granted five years’ leave to stay in the UK and are then able to access support to help the family to rebuild their lives together, including to ensure that they have suitable housing and enough financial assistance to help them to integrate into their new homes.

Family members reunited outside the rules do not get the same type of leave. They will usually be granted 33 months’ leave to stay and may be subject to restrictions to which someone with refugee status is not, including their not having recourse to public funds.

They face a longer path to resettlement than the family members they are joining. Without support, they can find themselves living in overcrowded accommodation or experiencing homelessness. Therefore, after having quite a traumatic back story, they can find that their current story can be quite difficult as well.

The Bill would allow refugee children to sponsor their closest family members to join them. The UK is one of only two countries in the EU that does not allow children who have been recognised as refugees to have any family reunion rights. That is the crux of the matter, and it is something that we have to change. That is a small piece of what the Bill does. As I said earlier, no, we are not doing enough, but at least we are doing that.

While most countries in the EU are signed up to the family reunion directive, which expressly grants separated children family reunion rights, the UK, along with Denmark and Ireland, did not opt into that directive. However, Ireland amended domestic legislation to allow children to be reunited with their parents and siblings; the UK did not. As a result, the children whom the UK Government recognise as being in need of international protection, accepting that it is unsafe for them to return home, are kept apart from their parents. Young boys and girls, many of whom will have faced untold horrors after fleeing their homes, are left without those who are best placed to support them.

[Sir Edward Davey]

The hon. Gentleman makes a really important point about how other European countries regard this problem. I think that he is saying that every other European country bar Denmark believes that a child refugee should have the right to have their family come and join them in that country. Any argument that the Government make today is an argument that is not accepted in Germany, in France, in Spain, in Italy and in every other European country. Why should the argument be different for the UK?

[Angus Brendan MacNeil]

The right hon. Gentleman raises an important point. Some people feel—it is an excuse, actually—that the Bill, if passed, would encourage people to send their children first. I will deal with that point later, but if that was true, it would be happening in all those other countries. Therefore, it is not true at all. Some also throw up the legal aid argument. Legal aid is available in Scotland, so if legal aid was the point, all the refugees of England and Wales would be going to Scotland. People settle in a place for a whole variety of personal or community reasons. Therefore, these things are not primary pushers, but would help refugees in places where they settle, and help all those around them as well.