Immigration Bill

James Brokenshire Excerpts

Monday 25th April 2016 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move, That this House disagrees with Lords amendment 87.

[Mr Speaker]

With this, it will be convenient to discuss the following:

Lords amendments 88 to 101.

Lords amendment 60, and Government motion to disagree.

Lords amendment 84, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendment 85, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 86.

Lords amendments 183 to 215.

[James Brokenshire]

As you have set out, Mr Speaker, there is a range of Lords amendments in this first group. I will first speak to Lords amendment 60, relating to overseas domestic workers, and then to the Lords amendments relating to detention before moving on to Lords amendment 87, relating to refugee children.

I set out the Government’s response to James Ewins’ review in my written statement of 7 March. We have acknowledged the need to provide domestic workers who arrive in the United Kingdom in an abusive employment relationship with an immediate escape route from that situation, and we have acted on that. At the same time, the Government are concerned to ensure that such abuse is reported where it occurs. If that does not happen, we cannot take action against the perpetrators and abuse may be perpetuated. The Independent Anti-slavery Commissioner has endorsed that approach, making clear his concern that granting a longer extension of stay —as the Lords amendment would—irrespective of whether abuse has occurred, may create an environment in which criminals are ensured a continuous supply of domestic workers in which to trade.

[Fiona Mactaggart (Slough) (Lab)]

The right hon. Gentleman is aware that the alternative proposal is that, if someone leaves the employ of an exploitive employer, they should notify the Home Office of that change. That creates an opportunity to investigate the reasons for the departure and therefore to have a successful prosecution for the exploitation of an overseas domestic worker, which has not happened over recent years.

[James Brokenshire]

I respect what the right hon. Lady says, and we have considered the matter carefully. As she will know, Kevin Hyland, the Independent Anti-slavery Commissioner, has set out a clear view on the time period that should apply to the duration of the visa. He said that allowing annual extensions to all overseas domestic workers will significantly increase the risk of exploitation and possibly create an environment in which criminals could operate. Such cases had been happening prior to the 2012 change in visa rules.

We have already amended the immigration rules so that overseas domestic workers are admitted on conditions of stay that permit them, during the six-month period for which they are admitted, to change employer. They do not need to apply to the Home Office to do so. We have also already amended the immigration rules so that overseas domestic workers who obtain a positive conclusive grounds decision can obtain a two-year extension of stay. We have considered the concern that overseas domestic workers may not readily be able to secure alternative employment as a domestic worker if, even when they are referred into the national referral mechanism, their permission to work ends when the six-month period of their admission expires.

We will make a further change to address that, using the powers in section 4(1) of the Immigration Act 1971 to ensure that when an overseas domestic worker has been referred into the national referral mechanism during their initial six-month stay, their permission to take employment will continue while their case is assessed, and without the worker having to make an application. With that additional change, the measures will ensure that, when a worker arrives in an abusive employment relationship, they can leave it with the certainty that they will be able to continue working, while also ensuring that they are encouraged to report the abuse early. The Lords amendment is therefore unnecessary.

It is essential that overseas domestic workers properly understand the protections available to them and are provided with a safe space in which concerns about employment conditions can be raised at an early stage. It is not, however, clear that the Lords amendment’s provisions in respect of information meetings quite work. It does not appear sufficient to specify a requirement to attend such meetings in guidance issued to immigration staff if they are to be binding on the workers themselves, nor is it clear how we could require attendance to take place within the 42-day period, as the amendment provides, if the requirement to do so is triggered only at the end of that period.

We have already committed to implementing Mr Ewins’ recommendations concerning information meetings, so further legislative provision is not required. It would be sensible to preserve flexibility to decide whether the requirement to attend should be triggered at 42 days, as Mr Ewins’ originally proposed, or sooner, as the Independent Anti-slavery Commissioner has suggested. We also intend to link the requirement to attend such meetings to a registration scheme for employers, as part of a wider refocusing of our checks on employers, and to ensure that we are better able to prevent employers from bringing more workers to the UK when they have not complied with our requirements. We will do so through further changes to the immigration rules later this year. We will keep the position under review and have sufficient legislative powers to make any additional changes to protect overseas domestic workers. The Lords amendment is unnecessary, will not be effective in practice, and risks increasing the possibility of exploitation and creating an environment in which criminals can operate with impunity.

I turn now to Lords amendments 84 and 85. It is a well-established principle that there must be a realistic prospect of removal within a reasonable time period for an individual to be detained pending removal. Our current published policy in respect of immigration detention is that there is a presumption of liberty. Depriving someone of their liberty must be subject to careful consideration and scrutiny, taking into account an individual’s circumstances.

On these broad issues, I have appreciated the input of many colleagues from across the House. I take particular note of the all-party parliamentary group on refugees, led by Sarah Teather in the previous Parliament, which carefully considered the issues and made several important recommendations. I also value the opportunities that I have had to speak to a number of colleagues, including my hon. Friends the Members for Enfield, Southgate (Mr Burrowes) and for Bedford (Richard Fuller) and my right hon. Friend the Member for Meriden (Mrs Spelman), on several such issues. The Government take the matter seriously and announced a wide package of reforms, which is already under way, in response to the Shaw review.

The new adults at risk policy, due to be published in May, will recognise the dynamic nature of vulnerability and introduce a new focus on decision making with regard to immigration detention. Building on the current legal framework, it will strengthen the existing presumption against the detention of those who are particularly vulnerable to harm in detention. Individuals determined to be at risk will generally be considered as unsuitable for detention unless there is compelling evidence that other factors relating to immigration abuse and the integrity of the system are of such significance that they outweigh the vulnerability factors. A new gatekeeper function will provide additional oversight and scrutiny to ensure that detention is the appropriate option for those entering the detention estate. That will be further strengthened by a new approach to case management, with a clear focus on case progression via a removal plan and a process for a panel to review cases on at least a quarterly basis. The Government’s proposed motion is another important safeguard that will complement the wider reform, providing additional judicial oversight.

The proposal is that individuals will be automatically referred to the tribunal for a bail hearing six months after the point of detention, or if they have already applied for a bail hearing in the first six months, six months after that hearing. They will then receive further referrals at six-monthly intervals from the point of the last hearing. The referral requirement will act as a safeguard, ensuring that individuals who do not make an application themselves, for whatever reason, will have independent judicial oversight of their ongoing detention. Individuals will still be able to make an application themselves at any point. The package of reforms should result in fewer people being detained and for the minimum time possible.

[Mr David Burrowes (Enfield, Southgate) (Con)]

I welcome the diligence and care that the Minister has afforded colleagues from across the House in relation to the package that was announced last week. It was also indicated that Stephen Shaw, who provided a helpful report, will undertake a further short review. Will the Minister provide some details about the timing of that report and whether its remit will include an assessment of the reforms that the Minister outlines, such as the additional judicial oversight and the impact that that has on length of time in detention?

[James Brokenshire]

I am grateful to my hon. Friend for his intervention, his insights and his work on the issue over an extended period. We want Stephen Shaw to evaluate the effect and operation of the reforms that we implemented in response to his review. Along with the various measures that we have outlined, they form part of our overarching package of reform to immigration detention.

On the timing, it is right that the system can be implemented and can run for a certain period. I therefore anticipate Stephen Shaw carrying out this short review towards the end of next year. That is an appropriate timescale, allowing us to implement the changes through to the end of this year and then see them run for the best part of a year, to ensure that his consideration is informed by a system that has bedded in.

[Danny Kinahan (South Antrim) (UUP)]

I spoke to the Northern Ireland Council for Ethnic Minorities and was told that its major problem was making sure procedures were followed. So when we look at the comments in a year’s time and review this, will we make sure that procedures are being properly followed and that we concentrate on that just as much?

[James Brokenshire]

I am sure Stephen Shaw took an overarching, wide-ranging approach in his initial report and will do so in his subsequent review. We want that to be in short order; we do not want it to extend into months, because it is about testing whether the reforms we have put in place—there are still more to come, with the adults at risk policy in May—had the effect we intended and therefore give effect to his key recommendations. I am sure he will be focusing on the practical implementation of the steps that we have implemented.

[Imran Hussain (Bradford East) (Lab)]

Like others, I welcome and await the guidelines in the light of the Shaw report, but does the Minister accept that all the reports on this matter, including the Shaw review, the inquiry by the all-party parliamentary group and the review by Her Majesty’s inspectorate of prisons, have asked for a much shorter period in respect of automatic judicial oversight, at nearer one month than six months? What does the Minister have to say about that?

[James Brokenshire]

This needs to be seen in the context of the reforms we are putting in place in the system, which is why I made reference to the quarterly reviews. This is about having a separate function whereby the removal plans will be subject to that internal scrutiny and then there is this automaticity in relation to bail hearings. It should be noted that the vast majority of those in immigration detention are there for only short periods—fewer than four months. We therefore think this is a right step to put in place, reflecting that desire to have that external arrangement. Indeed, it is open to anybody to apply for bail at any point, but we think there is a need for a further safeguard, which is why we have acted in the way we have, in terms of the amendments before the House this evening.

[Richard Fuller (Bedford) (Con)]

I have two quick points for the Minister. On the adults at risk policy and guidance he is putting together in May, will he confirm whether he will take input and advice from independent groups that have been working with people in detention over the past few years? Before a pregnant woman is detained, will an independent assessment be made, as is the case for children who are detained, following the changes we made in the previous Parliament?

[James Brokenshire]

We intend to publish the adults at risk policy in May and I am sure we will seek input from external parties. I appreciate that various stakeholders and organisations take an understandably keen interest in this area and in many ways have helped to frame and develop the policies we are bringing before the House this evening. Let me come back to my hon. Friend’s point about the detention of pregnant women later, because it may help the House if I set the position out and allow a further intervention then.

[Mrs Caroline Spelman (Meriden) (Con)]

I welcome the amendments that the Government have brought in to address the concerns raised in another place. When the Minister responds on the detention of pregnant women and the very reduced period that the Government are now proposing, will he assure the House that these women will still have access to full healthcare and that consideration will be given not just to where they are detained, but the way in which they are transported?

[James Brokenshire]

I am grateful to my right hon. Friend for highlighting this issue, which we consider carefully. I assure her that we will continue to look at those specific issues as we develop implementation of the policy. Important steps forward have been taken on the healthcare linkages at Yarl’s Wood and in the Bedfordshire healthcare system so that appropriate care and support is provided to pregnant women. I will reflect further on what she has said, particularly on her additional points about transportation.

I was pleased that the amendment to put the adults at risk policy on a statutory footing was accepted in the other place. However, on Third Reading it was amended further by the addition of a subsection placing an absolute exclusion on the detention of pregnant women. The Government do not agree that there should be an outright exclusion of pregnant women from detention. We must retain the ability to detain in certain limited circumstances—for example, where a pregnant woman who does not have the right to enter the UK is identified at the border and can be returned quickly, or where a pregnant woman presents a public risk or has a poor compliance history and the safe and most manageable way forward is a short period of detention prior to removal.

For some time now, I have listened carefully to concerns on the issue of detaining pregnant women pending removal. We had a wide-ranging Backbench Business Committee debate a few months back, and I have listened carefully to the representations made by my hon. Friends the Members for Bedford and for Wealden (Nusrat Ghani), and my right hon. Friend the Member for Meriden. Hon. Members will have noted that the Government’s written ministerial statement of 18 April has clearly set out our position on the detention of pregnant women. The Government have tabled a motion that will place a statutory time limit, broadly in line with that for families with children, which will end the routine detention of pregnant women. It would mean that pregnant women may be detained for up to 72 hours, for example, immediately prior to a managed return; to prevent illegal entry at the border where a return can be quickly arranged; or if a pregnant woman presents a public risk. There would be the ability to extend this up to a maximum of seven days in total in particular circumstances, but only on the basis of ministerial approval.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is important that we are very clear about whom we are detaining, particularly when it comes to detaining pregnant women. We know that the vast majority of people in Yarl’s Wood are victims of rape and sexual torture, and they come to us for sanctuary. The Minister talks about carrying out a review, but will he explicitly consider whether being a victim or a suspected victim of rape and sexual torture can be grounds for denying detention? It is the 21st century, and it is humiliating and not cost effective for us as a nation that we lock these women up, rather than set them free.

[James Brokenshire]

It is important to recognise that the majority of people in our immigration removal centres are not asylum seekers; some people will claim asylum when they have been taken into an IRC. The point the hon. Lady makes about vulnerability is powerful and important, which was why we commissioned Stephen Shaw to make the recommendations he did on these matters of vulnerability. I hope she will see when we publish the adults at risk strategy and those various points that weigh the relevant factors that we are taking precisely those elements into account and that the presumption should not be to detain unless there are overwhelming factors that support detention and mean it is appropriate. I ask her to hold fire perhaps until she sees that policy, and I look forward to engaging with her further once she has had that opportunity.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Stephen Shaw considered these matters and, I recall, concluded that there should be no detention of pregnant women. If the Minister is determined to go against that recommendation, surely he must have decided where those women will be detained. When will he tell that to the House?

[James Brokenshire]

The feedback we have received from a range of different organisations is that the facilities and support at Yarl’s Wood, and its links with the health service in Bedfordshire, provide an effective join-up to ensure that those needs are best met, but obviously we keep such matters under close and careful review. The right hon. Gentleman will recall our debates in the previous Parliament on the detention of children. The coalition Government were proud to introduce measures that pragmatically and practically ended the general detention of children, and we are using precisely that model and approach for pregnant women. We are learning from our experiences regarding the detention of children, but we recognise that there may be limited circumstances in which detention might be necessary, either to facilitate removal, or because a young person has been met at the border and the time during which they are held is still technically detention.

[Mr Carmichael]

I remember those debates well. They started from the presumption that Yarl’s Wood was not an appropriate place to detain children any more than Dungavel would be. Why are the Government now taking a different position?

[James Brokenshire]

The right hon. Gentleman will probably know that Yarl’s Wood is the only immigration removal centre that specifically detains women, so when we review it we must ensure that the best facilities for pregnant women are in place. This is not just about what happens in the centre; it is about how that links up to the broader health service. That is why we judge Yarl’s Wood to be the most appropriate place, but we keep such issues under careful review, including the continuing improvements that we want to see.

I promised that I would return to the point raised earlier about assessments. The family removals process operates removal plans for children, and as I said, we are taking a new approach to the use of detention, with focus on a removal plan. Therefore, when anyone goes into detention, that removal plan will need to be considered. As that work develops, there will be detailed consideration of the appropriateness of detention as part of a removal plan, and we are now implementing a number of reforms to detention.

[Nusrat Ghani (Wealden) (Con)]

I thank the Minister for acknowledging the work done across the House in changing the detention of pregnant women, and for coming before the Home Affairs Committee and responding so openly to the questions from me and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). In the debate in Westminster Hall I mentioned the midwifery unit in my constituency. Will the Minister shed light on what midwifery support will be available for women who will now be detained for a much shorter period?

[James Brokenshire]

I am grateful to my hon. Friend for her searching questioning and desire to bring about change, and I am pleased that we are considering these amendments this evening. As I have explained, there is a link between health services in Yarl’s Wood and the way that extends and links into midwifery services provided through the Bedfordshire healthcare system. We believe that that arrangement is right to provide joined-up care, with nurses and other health professionals coming from Bedfordshire into Yarl’s Wood to provide support for pregnant women.

[Richard Fuller]

I do not wish to underestimate the significant change in direction on immigration detention policy that my right hon. Friend outlined today and last week, but he will understand that scepticism remains about Home Office procedures and policies when they are put into practice—hence the request for an independent point of oversight. In the steps that he is outlining, will there be scope for independent oversight prior to the detention of a pregnant woman?

[James Brokenshire]

The best way to approach this is to implement the changes that I have outlined to the House this evening. Stephen Shaw will review those measures in 12 to 18 months, and I suspect that he will examine how the implementation, policies and procedures will have effect. I will continue to examine how best we can provide greater transparency. Although we have recently created more management information, this is about how we provide reassurance and greater clarity about this procedure. I will continue to reflect on how we do that, so as to give my hon. Friend—and others—greater assurance on what are sensitive matters.

[Catherine West (Hornsey and Wood Green) (Lab)]

I thank the Minister for being so generous in taking interventions. I welcome the adults at risk strategy and look forward to scrutinising it. Will there be access to legal aid for women who have specific removal plans, so that that is as lawful as possible?

[James Brokenshire]

Some groups provide support and advice in immigration removal centres, but matters of legal aid are not for me at the Home Office but for colleagues in the Ministry of Justice.

Let me move on to the broader issue of Lords amendment 87. In opposing the amendment, I do not in any way question the motivation of those who tabled it in the other place, or the desire to see this country do more in the region, on the shores of the Mediterranean, and within Europe. The conflict in Syria continues to have a devastating effect on the lives of many men, women and children who have been displaced from their homes, their country, and their futures. The stories they tell of lives that have been uprooted, and the distressing images that we see of people fleeing in search of a better, safer life, are moving and compelling in equal measure.

I know that many Members have travelled to the region, or to the Greek islands or the camps in northern France, and they have been deeply moved by their experiences. I have appreciated the opportunity to listen to colleagues such as my hon. Friends the Members for South Cambridgeshire (Heidi Allen), for Bury St Edmunds (Jo Churchill), and for Eastbourne (Caroline Ansell), following their visit to the Greek islands, and my hon. Friends the Members for Enfield, Southgate, and for Faversham and Mid Kent (Helen Whately), following their visits to Calais. They set out the practical issues on the ground, and the need for this country to do more.

The Government wholeheartedly share the intentions of the noble Lords to protect and support vulnerable unaccompanied refugee children, but the challenge is how we most effectively harness our strong sense of compassion and moral duty. As my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) put it to me recently, this is about how we use both head and heart.

Our starting principle is that we must put the best interests of children first, and avoid any policy that places children at additional risk or encourages them to place their lives in the hands of people traffickers and criminal gangs. In any response, we need to be careful that we do not inadvertently create a situation in which families see an advantage in sending children ahead, alone and in the hands of traffickers, putting their lives at risk by making them attempt treacherous sea crossings to Europe. As the horrendous events in the Mediterranean last week demonstrated, that would be the worst of all outcomes.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The Minister specifically mentions the horrific events in the Mediterranean last week. I have heard from a number of constituents who, through their family connections, knew of people fleeing. He mentioned Syria, but people are fleeing not just Syria but conflicts all across the horn of Africa and elsewhere. I have heard some absolutely harrowing stories from those who have survived those terrible crossings—people trying to travel from Alexandria being abused by people traffickers. Does he not agree that, when children survive such horrific tragedies, we need to do our bit in taking some of them here for protection in this country?

[James Brokenshire]

I will come on to the broader issues that the hon. Gentleman highlights. Clear judgments have to be made on how the UK most effectively provides support. I will come on to how we can help in Europe and to look at those issues that he highlights, which include: the trafficking gangs that exploit people across Africa and the broader regions; how we are playing our role in the Khartoum process to work with African Union countries to take action; and finding that common sense of engaging and working against the people trafficking and smuggling networks.

--- Later in debate ---

[Tim Farron (Westmorland and Lonsdale) (LD)]

rose—

[James Brokenshire]

I will if I may finish this point. As I have shown so far, I plan to be generous to all Members during the course of this debate.

No one should be in any doubt about the Government’s clear, ongoing commitment to help those most affected by the migration crisis. The doubling of our aid for the Syrian crisis to £2.3 billion—the largest ever response by this country to a single humanitarian crisis—underlines not just that commitment, but our commitment to act in practical ways to improve the lives of as many people as possible. Hundreds of thousands of people in Syria, Jordan, Lebanon, Turkey and Egypt are receiving food, shelter, medical treatment and support as a consequence of the actions of the UK. It is also about hope and opportunity and creating a strong sense of how we can quickly rebuild the lives of those torn apart by the war in Syria. The London conference in February galvanised commitments to create an estimated 1.1 million jobs for those in the region by 2018, and quality education for 1.7 million refugee and vulnerable children by the end of the 2016-17 school year, with equal access for girls and boys.

[Tim Farron]

The Minister is being very generous. He makes the point that action to help those who are stranded in Europe would somehow act as a pull factor. With respect, I think that that view is bogus, not least when we consider that there are four times more refugees in the region. The idea that Europe is the only place to which they are heading is nonsense. Even if one were to accept that, his decision not to accept the Dubs amendment is to ignore the tens of thousands of children who are in Europe now. The reality is that 10,000 have gone missing in the past year. They are in the hands of traffickers now. What will he do to help those children who are here on this continent now?

[James Brokenshire]

I was going to come on to that very point. Let me just say that it is about supporting those front-line member states and our other European partners to stand by their responsibilities. In essence, Europe should be a safe space; it is not a conflict zone. Therefore, we judge that the best way to make a difference and to help the greatest numbers of those in need is to support the majority of refugees to enable them to stay safely in their home region, which is why I made those points about aid and assistance. Where people have made that journey to Europe, we should help our European partners to fulfil their duties to them and to provide support on this issue of family reunification.

[Peter Kyle]

I am very grateful to the Minister for giving way; he has indeed been generous with his time. May I point him to what the Home Secretary said in her speech to the Tory conference last October? She said:

“We’ll develop a community sponsorship scheme, like those in Canada and Australia, to allow individuals, charities, faith groups, churches and businesses to support refugees directly.”

I have met the United Nations High Commissioner for Human Rights and many of the groups that she mentioned in that speech. They are ready to do it, and they have the systems in place, but the thing that is stopping them is the Government.

--- Later in debate ---

[James Brokenshire]

I was just talking to the Under-Secretary of State for Refugees, my hon. Friend the Member for Watford (Richard Harrington), and he made it clear that that is not true. We will come forward very shortly with proposals on the issue of sponsorship, which is important and which we do want to take forward, but it is important that we get it right. That is precisely what my hon. Friend is doing as part of the vulnerable person resettlement scheme.

[Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)]

The Minister’s point was effectively that the children who are alone in Greece now are Greece’s problem, but Save the Children has said that 2,000 children are alone in northern Greece and there are fewer than 500 child shelter places for them, and those are full. What does he really want those children to do when they are sleeping rough, being targeted by traffickers and smuggling gangs, and subjected to abuse? Does he really think that that is just Greece’s problem and that we should not do our bit too?

[James Brokenshire]

No, I do not. That is why it is right that we are providing financial aid and assistance in that area. I will come on to deal specifically with that support to underline the important commitment that this country is giving.

[Mr Steve Baker (Wycombe) (Con)]

A few minutes ago, my right hon. Friend mentioned the actions of our European partners. Can he give the House an indication of how this Government’s actions compare with those of our European neighbours?

[James Brokenshire]

When we look at all these different aspects of our involvement—our aid assistance, the work of our resettlement programmes, which I will come on to shortly, the support we are giving in Europe, and the steps we are taking against smugglers and people trafficking networks with the taskforces that we have set up—we see that we can take very great credit in terms of the work that this country has done and continues to do. It is that focus that we will continue to bring to this issue. We know that the vulnerable and those most in need and most at risk may be best helped here in the UK. We launched the Syrian vulnerable person resettlement scheme to resettle 20,000 people over the course of this Parliament. Well over 1,000 people have been resettled to date, around half of whom are children. That means that, in the next four years, several thousand more children will be resettled in the UK under the Syrian scheme, but as I said in my statement of 28 January, we want to do more, especially for children most in need of support. That is why, last week, I announced a new resettlement scheme for children at risk. That initiative will be the largest resettlement effort to focus on children at risk from the middle east and north Africa region—children who might otherwise attempt their own perilous journeys to Europe and the UK.

We have worked closely with the UNHCR to design a scheme that will protect the most vulnerable children, resettling up to 3,000 people over the lifetime of this Parliament, the majority of whom will be children if the UNHCR deems it to be in their best interests. Children who are identified as at risk will be resettled with their family members or carers where appropriate. The scheme will not be limited to any particular nationality or group, which will allow us to assist the most vulnerable children whoever they are.

The UNHCR is fully supportive of the launch of this new initiative and the UK’s commitment to assist vulnerable refugee children at risk through further resettlement efforts that uphold the principles of child protection.

[Dawn Butler (Brent Central) (Lab)]

After being at the Council of Europe last week and hearing representations in relation to the claims made by Save the Children that 26,000 children have gone missing, and hearing other countries talk about what they are doing in regard to those children, I can say that we are not doing as much as we should be doing. To say that we will not pass this amendment will be embarrassing for us as a country.

[James Brokenshire]

I am afraid that I disagree with the hon. Lady.

I will now move on to the support we are providing in Europe, which I think it is important the House recognises. Although our judgment is that the UK can make the biggest difference in the region, and that children in Europe should benefit from support from countries with legal obligations similar to our own, it is right that we should provide assistance in Europe where there are vulnerable children in need of support, and the Government are taking action. The UK is the largest bilateral contributor to the humanitarian response to the crisis in Europe and the Balkans, with a total contribution of £65 million. That includes nearly £46 million to provide life-saving aid to migrants and refugees, including food, water, hygiene kits, infant packs and protection for the most vulnerable, as well as support to organisations helping Governments to build their capacity to manage arrivals in Greece and the Balkans.

On top of our significant support to front-line member states, the Department for International Development has created a £10 million refugee children fund specifically to support the needs of vulnerable refugee and migrant children in Europe. The fund will be used to support the UNHCR, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children in Europe. That includes identifying vulnerable children, providing for their immediate support, referring to specialist care and helping to find solutions, such as family reunification. On that last point, I am clear that it is important to help children reunite with family wherever possible.

[Joanna Cherry (Edinburgh South West) (SNP)]

The Minister has said that one reason why the British Government will not take children from the continent of Europe is that it might encourage people smuggling from the middle east to Europe and unsafe journeys. However, when I was in Calais at Easter, I was told by aid workers that, as a result of the British Government’s refusal to take children from northern France, children are being trafficked into the United Kingdom and are attempting unsafe journeys by jumping on to or under lorries bound for the United Kingdom. Indeed, I have learned that one girl I met in one of the camps, alone and unaccompanied, has since entered the UK by trafficking methods. Will the Minister not take on board the fact that, by failing to take children from Europe, he is actually encouraging trafficking and unsafe methods of travel from France to Britain?

[James Brokenshire]

I am very happy to address that point head-on, because I think that there are a number of important ways in which we can take, and are taking, action. That is why I made the point about reuniting children with their families. The hon. and learned Lady will know that we have seconded additional resources to the European Asylum Support Office for Italy and Greece to implement and streamline the processes under the Dublin regulations, including to identify quickly children who qualify for family reunion.

On the specific point about Calais and northern France, I take these issues extremely seriously. I am personally committed to improving and speeding up our family reunification processes so that young people there who have families with refugee claims here can be reunited. That is why we had the recent secondment of a senior asylum expert to the French Interior Ministry to improve the process for family reunion, which I think has had an impact on the number of children being reunited with family in the UK. In the past six weeks over 50 cases have been identified, 24 of which have been accepted for transfer to the UK from France under the Dublin family unity provisions, and more than half of them have already arrived in the UK. I think that we have demonstrated that once an asylum claim has been lodged, transfers can take place within a matter of weeks.

Those who want us to do more on this can help us to do so by encouraging and supporting children to use the processes that are in place to help them be reunited with their family. I know that one of the biggest barriers at the moment is persuading these children to claim asylum so that they can be considered for transfer to the UK under the family unity conventions in the Dublin regulations.

[Heidi Allen (South Cambridgeshire) (Con)]

I do not feel that we are taking responsibility; at the moment, it is British citizens who are taking responsibility. I am afraid that seconding one person is not good enough. When I visited, with the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), we saw a similar example of a child who had gone missing pitching up in Kent a week later. This is happening on a daily basis. One person is not enough. Can we please try to get more resources there?

[James Brokenshire]

As I think I have indicated, we are already providing support to the French Government, as the non-governmental organisation France Terre d’Asile has responsibility for identifying children in and around the camps at Calais and making sure that they go into the system so that we can do the child safeguarding, make those connections and see that they are reunited with family. That is why I underline the need to give a clear message to those who have connections to identify and support children so that they go into the French system, because we will act. I think that we have the systems and processes in place now to be able to act effectively. That is why it is important to see that operationalised, so that we are doing what we can, alongside the French Government, our Border Force officers and France Terre d’Asile, to ensure that when children are identified, they are immediately pointed to how they can get into the French system so that we can then act.

[Yvette Cooper]

rose—

[James Brokenshire]

I will give way to the right hon. Lady, as I know of her long-standing interest in this matter.

[Yvette Cooper]

I thank the Minister for giving way once again. On that point, Citizens UK has identified 157 live cases that have been put into the system, but he is saying that only 24 have in fact been accepted, and only half of those have actually made it to Britain. Why are they not all brought here straight away? Why are they still stuck in Calais, cold, living in tents in the mud and at huge risk, when he has accepted that they should be here with family who can care for them?

[James Brokenshire]

We are processing 50 cases, 24 of which we have accepted, but a number of those cases are complicated. It is a question of the safeguarding measures that need to be put in place for the children to be reunited with the families who are here. It is therefore more complex than it is sometimes presented. That is not in any way a desire on the part of the Government, or anyone else, to encourage delay. Rather, it is about the normal child safeguarding measures that I think are appropriate. I say to the right hon. Lady and to Citizens UK that if there are cases that can be linked to families here in the UK, get them into the French system. I make that point again and again, because we stand ready to act and to take charge where there are those links, and to see that if there are children in northern France who are separated from family in the UK, action is taken.

Those processes for family reunion are of course in addition to the unaccompanied asylum-seeking children who make their claims in this country. With over 3,000 asylum applications from unaccompanied children last year, I pay tribute to all those local authorities that, despite the unprecedented pressure on their services, are providing support to those young people. At the same time, we need to shut down the illegal migration routes to Europe that are exploited by human traffickers, who encourage people to risk their lives to make perilous journeys. The Government remain of the view that relocation schemes within Europe risk creating unintended consequences or perverse incentives for people to put their lives into the hands of traffickers. Instead, we are committed to providing safe and legal routes for the most vulnerable refugees to resettle in the UK.

The success of the EU-Turkey migration agreement is a vital opportunity to end the misery and lethal risk that smugglers and organised criminals are causing on a daily basis. We have made an offer of UK support to help implement the EU-Turkey migration agreement. We need to close down illegal crossings from Turkey to Greece and tackle migrant flows upstream. We are offering 75 expert personnel to help with the processing and administration of migrants in Greek reception centres, to act as interpreters, to provide medical support and to bolster our existing team assisting the Commission to ensure that there is effective and efficient co-ordination.

Those teams, which are ready to be deployed, will include experts in supporting vulnerable groups, such as unaccompanied asylum-seeking children, and those trained to tackle people trafficking. That will help to ensure that vulnerable people, including children, are identified and can access asylum and support procedures as quickly as possible. That is in addition to the work undertaken by the Anti-Slavery Commissioner, Kevin Hyland, to visit hotspots and assess what more can be done to ensure that unaccompanied children are protected from traffickers.

[Tim Farron]

I want to challenge the notion that the EU-Turkey deal is a success. I was at the Idomeni camp on the Greek-Macedonian border a fortnight ago. The camp is meant to host 300 or 400 people as they pass north towards northern Europe, but there were 25,000 people—there were children there as well—crammed into that small space, and they were absolutely desperate. The reason they are not moving from that place is that they have no trust whatever in the system or in the fact that wherever they are moved to next will not mean deportation out of Europe. The EU-Turkey deal may be great in principle, but in practice it has been stitched up for the benefit and convenience of politicians, not of those desperate people rotting in the camps.

[James Brokenshire]

I attended last week’s Justice and Home Affairs Council meeting in Luxembourg and I spoke to the Greek Minister. He has welcomed the offer of support that I have just set out, in terms of its practical operationalisation to help make things happen at the front end—in the Greek islands and in Greece. I have highlighted the financial and other support we are giving Greece and others to deal with some of these difficult and challenging issues, and we are playing our absolute part to address this issue and to see that the parts of the EU-Turkey deal happen and have the effect we would all want them to.

[Mr Alistair Carmichael]

The Minister stands there and says we are playing our absolute part, but he told us two minutes ago that we have in fact offered only 75 members of staff, when the Commission itself tells us it needs 4,000. How is that doing our absolute part?

[James Brokenshire]

The contribution we are making stands in very positive terms compared with what other European partners are doing. This is about identifying the right people to deploy so that we have the best effect, and that is precisely what we are doing.

I am conscious that I have spoken for an extended period, and I want other right hon. and hon. Members to get into the debate. For the reasons I have given, the approach proposed in amendment 87 is not the right one. As the selection of amendments notes, the amendment engages financial privilege, and the Speaker identified some of the issues that that raises in terms of the reasons we give the House of Lords.

Under amendment 87, we could end up relieving pressure on developed countries in Europe that have the means to support children, instead of helping developing countries that are under real pressure and that do not have the capacity to support them. The best answer is upstream intervention before children at risk try to come to Europe.

The Government are committed to making a full contribution to the global refugee crisis, particularly by helping children at risk. We strongly believe that our approach of resettling children at risk and their families directly from the region will have most impact on safeguarding vulnerable children. The significant aid package in Europe, and our practical and logistical assistance to front-line member states to ensure vulnerable children are properly protected wherever they are in Europe, is the correct way to approach this issue.

The UK can be proud of the contribution we are making, which stands comparison with any. We are doing everything we said we would to provide aid and to resettle vulnerable refugees. We are already making a real difference to hundreds of thousands of lives.

I recognise the sincere feelings of those who support amendment 87. We share the objective of identifying and protecting children at risk, but I firmly believe that the approach I have set out provides the best way to support our European partners, help vulnerable refugee children and provide the biggest impact for the contribution this country can make.

[Keir Starmer (Holborn and St Pancras) (Lab)]

I thank the Labour Peers and the many Cross Benchers who brought these amendments before the House today. The amendments raise important issues, and none more so than amendment 87.

Amendment 87—the so-called Alf Dubs amendment—was tabled by Lord Dubs. As many people know, Lord Dubs arrived in this country in 1939 as an unaccompanied child under the Kindertransport system, so he speaks with particular authority. The vote in the House of Lords was won by 100 votes, reflecting the long campaign to change the position on unaccompanied children in Europe. That campaign has been supported by Members of this House, along with non-governmental organisations and charities. The matter was first raised by my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), who put it to the Prime Minister in September 2015. My right hon. Friend the Member for Normanton, Pontefract and Castleford (Yvette Cooper) has continually raised it, and I pay tribute to her work. I also pay tribute to Save the Children for raising this issue so much over the last year.

The issue is comparatively simple to state: hundreds of thousands of families across the world—millions of people in total—are fleeing their homes. The refugee crisis we are witnessing is on a scale we have not seen since the second world war. The Minister spoke of the devastating effect of war on so many people. We have become familiar with the images of families making treacherous journeys—often across the Mediterranean—but I am sure I speak for the whole House when I say we are all still shocked every time we see footage and images of desperate families making those desperate, treacherous journeys.

--- Later in debate ---

[Yvette Cooper]

My hon. Friend is exactly right. Let me make my position clear. I think that other countries should be doing more—I think that it is shocking how little child protection the French authorities have put in place around Calais, and that we need countries across Europe to do far more—but how can we urge them to do more if we are refusing to do anything to help and give sanctuary to those child refugees?

[James Brokenshire]

The right hon. Lady is making an important point about family reunification. Does she accept that the £10 million fund that we are providing through the Department for International Development is intended to help Save the Children and others to support the very thing that I think she is rightly calling for—stronger family reunification, whether in the United Kingdom or in Europe more generally—and that the UK is playing an important part in that respect?

[Yvette Cooper]

The Minister is right to say that we should be supporting family reunion, but, as I said to him in an intervention, that is simply not working in Calais. He and his Department cannot even tell me how many “take charge” requests the Home Office has received. We know that only a dozen of the children from Calais have actually arrived in the first place. [Interruption.] The Minister says that it is 24 now. He has already said that 24 children have been accepted for transfer, but only half of those children have actually arrived in Britain, because the process is simply taking too long.

The Minister is, of course, right to say that we should be trying to assist family reunion from Italy and Greece, but the £10 million that he has announced is funding for charities. It is true that charities can do great work, and they are already doing important work in Calais to help children there. Ultimately, however, it is not enough to ask charities to help if the French and British Governments are refusing to do their bit to speed up the system and provide the legal sanctuary that those children need, and the same applies to the children in Italy and Greece.

Although charities can do great work, they cannot provide the necessary authorities, the legal foster care, the statutory children’s homes, and the statutory child protection. It is Governments who need to do that: the Government in Greece, the Government in Italy, the Government in France, and the Government here in Britain, who should also be doing their bit.

[James Brokenshire]

This is the last time I shall intervene on the right hon. Lady; I do not want to interrupt her flow. On that last point, does she accept that the Government’s offer to put 75 extra people on the ground in Greece, including specialists with the ability to support the Greek Government, demonstrates the fact that the UK Government are playing their role in supporting Greece to do the things that she is calling for?

[Yvette Cooper]

The Minister knows that I have welcomed many of the things that he has announced at every stage. I welcomed the announcement that the Government made in January, for example, just as I welcomed its re-announcement this week. It is sad that, at each stage, they have had to be pressurised into making those announcements, but I welcome them nevertheless. However, the International Rescue Committee and other agencies are saying that the lack of sufficient staff in Greece and Italy means that there are hugely long delays in processing the cases. With regard to the idea that those 75 people are going to make all the difference, that is still not an alternative to Britain doing its bit to provide sanctuary as well.

The UNHCR reports that there have been instances of

“children engaging in survival sex to pay smugglers to continue their journey, either because they have run out money, or because they have been robbed”.

Europol has warned that children, young women and lone refugees are being targeted for exploitation because there is not sufficient protection when they arrive, and that 10,000 child and teenage refugees have disappeared, often into the arms of criminal gangs. This is modern slavery of the kind that the whole House united to condemn just 12 months ago when we passed the new legislation. It is the same modern slavery that the Home Secretary described as being

“an affront to the dignity and humanity of every one of us”.

The House has the chance today to protect the dignity and humanity of 3,000 children and to stop them falling into modern slavery in Europe, so why is the Home Office still refusing to act?

I want to deal with the Minister’s points in turn. First, he says that we are doing our bit by helping children and families in the middle east and north Africa instead. I welcome what we are doing there. As I understand it, the figure of 3,000 will involve children and families, and not simply children alone, because as a result of UNICEF’s advice, the Government have broadened the scope to include children and families. However, this is not an either/or. Just because we are protecting and helping some of those from outside Europe does not mean that we cannot do our bit to help those in Europe as well. Some of the children who are in the detention centres in Greece and the tents in Calais and who are sleeping rough on the streets of Naples now face risks that are greater than those they faced when they were closer to home.

Secondly, the Minister said earlier that this was effectively a matter for the other European countries where the children are right now. The problem is, however, that Italy and Greece are overwhelmed. Germany and Sweden have done much to take in unaccompanied children, but they are struggling to find guardians or places in children’s homes and hostels for more. If we want other countries to do more, we also have to be prepared to do our bit. Of course it is not easy. There would have to be proper support, protection and safeguarding, and robust checks would also be needed. Some of the children and teenagers will have profound and complex needs as a result of the trauma and abuse that they have experienced.

It would also be wrong simply to leave this to Kent to cope with alone. I have had local councils and councillors from right across the country contacting me to say that they want to do more to help. I have heard from organisations such as Home for Good, which represents foster families who want to do more to help, as well as from community groups and faith organisations across the country who think that we should act. We especially have a responsibility to those who have family here. I have raised with the Minister my concerns about the failure to apply the Dublin agreement to Calais and about the number of children who are still stuck in the cold and the mud there; 157 cases have been identified by Citizens UK, yet so few have actually come to Britain. We have been raising that with Ministers over many months.

The Minister pointed out the need to do proper safeguarding checks and assessments and to investigate the families that reside here. He is of course right that safeguarding is necessary, but why is he not thinking about safeguarding them in Calais? They are there right now, in tents, at risk of huge abuse, at risk of gangs, at risk of trafficking, and at risk of taking crazy risks, because that is what teenagers do. Lives have been lost as a result. In January, a 15-year-old was killed in the back of a lorry in Dunkirk. His sister lives in west London. In March, a 17-year-old was killed in the wheel arch of a lorry in Oxfordshire. His uncles lives in Manchester. In April, a seven-year-old nearly suffocated in a lorry in Leicester. That he did not was only because an aid worker in Calais had given him a mobile phone and he was able to send a text message saying that he did not have any oxygen. The aid worker was able to alert the police, and they traced him and his older brother, who would otherwise have suffocated in a lorry. No matter how many times the Minister tells us that it is, the system is not working. He also claims that we are providing support to charities and financial support to the region, but it is not enough. It is not an alternative to Governments acting and providing legal help.

The Minister said that if we take child refugees from Europe, that will encourage more to come, but that argument is deeply wrong. Few of the child refugees in Europe have come because they want to travel to Britain. Many are trying to reach family, which will not change whether or not we take more child refugees. Many are just trying to find somewhere safe anywhere in Europe and that will not change either. Frankly, many do not know where they are going or what they are doing. They may have been trafficked or separated from family along the way.

Action on smugglers, border checks, working with Turkey, a strategy for Libya, or providing alternative safe and legal routes—all of those things may make a difference in preventing people from making a perilous journey in the first place. However, whether Britain takes 3,000 of the 95,000 children who are already in Europe simply will not make a difference to the number who try to come. These children have arrived, they are already here, and they need sanctuary and support. The danger is that the Government are actually saying that it is better to leave them to face those risks and that we should be prepared to abandon thousands of children to a life of exploitation, prostitution and abuse, because that somehow might prevent other children from getting on a boat. That is immoral, because they are children and not only should they have shelter, but they should be in school, where many of them have not been for years. Many of the refugees are a similar age to my children, who are in school and doing exams. It is an age at which children need support and help, not to be turned away.

When the Kindertransport legislation was passed in Parliament, MPs of all parties supported Britain’s leadership in helping child refugees. Alongside Alf Dubs, other Kindertransport survivors, such as Rabbi Harry Jacobi, who came across on one of the last boats out of Amsterdam, and Sir Erich Reich, have spoken out to urge us to do more now. All of them have joined with the Board of Deputies of British Jews, the Church of England, the House of Lords, Save the Children, the Refugee Council, Citizens UK, the Jewish Council for Racial Equality, local government, community groups and faith groups to urge MPs to do the right thing today. We are rightly proud of what the Kindertransport did and of the cross-party support in Parliament, but will today’s vote on child refugees be a similar source of pride for future generations or a source of shame?

We rightly commemorate the Kindertransport and the life of Sir Nicholas Winton, who rescued hundreds of Jewish child refugees. His picture is now on the Royal Mail’s first-class stamp. When it was launched, the Home Secretary called him

“an enduring example of the difference that good people can make even in the darkest of times.”

She called him a hero of the 20th century. He was. We need heroes for the 21st century, too. It is no good just congratulating ourselves on Britain’s past if we are not prepared to show the same support and sanctuary today. It is no good telling children the parable of the goodand be disappointed about how we voted today. Let us all, from all parts of this House, stand together and support the Dubs amendment.