Immigration Bill

James Brokenshire Excerpts

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move, That this House insists on its disagreement with Lords amendment 84.

[Madam Deputy Speaker (Natascha Engel)]

With this it will be convenient to discuss the following:

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

Government motion not to insist on amendment 85B in lieu of Lords amendment 85 and to agree to Lords amendment 85C as amended by Government amendments (a) to (f).

Government motion to agree to Lords amendment 87B in lieu of Lords amendment 87 and Government amendments (a) and (b).

Commons amendments 84A and 85B, Government motion not to insist, and amendment (a) in lieu of Lords amendment 84.

[James Brokenshire]

The Government remain strongly of the view that specifying a maximum time limit for immigration detention would be arbitrary, would not take account of individual circumstances and would encourage individuals to seek to frustrate the removals process until the time limit was reached, so having a negative impact on our ability to enforce immigration controls and maintain public safety. In response to the concerns expressed by a number of Members here and in the other place, we accepted that there should be greater judicial oversight over detention, and we tabled a motion, the effect of which would be that individuals would automatically be referred to the tribunal for a bail hearing six months after their detention began or, if the tribunal had already considered whether to release the person within the first six months, six months after that consideration.

This House approved that motion but, although some peers accepted that the issue of judicial oversight had now been satisfactorily addressed, others remained concerned that six months was too long without that oversight. After careful consideration, we propose again a duty to arrange consideration of bail, but we are now reducing the timing of an automatic bail referral from six to four months. This earlier point of referral reflects the fact that the vast majority of persons are detained for fewer than four months.

Moving on to amendments (a) to (f), the Government have listened carefully to the concerns expressed in this House and the other place on the issue of detaining pregnant women. The motion agreed in the other place would maintain the 72-hour time limit agreed in this House, extendable up to a week with ministerial approval. We have listened carefully to the points raised by the peers who have tabled these amendments. In order further to strengthen the safeguards, we have tabled amendments that will make it clear that pregnant women will be detained for the purpose of removal only if they are shortly to be removed from the UK or if there are exceptional circumstances that justify the detention. The guidance will also make it clear that they should be used in very exceptional circumstances, underlining our expectations in regard to the use of this power.

We have also proposed an amendment that would place an additional duty on officers making detention decisions in respect of pregnant women to have due regard for their welfare. These additional measures, alongside the 72-hour time limit, would act as statutory safeguards to complement the Government’s wider package of reform, which includes the new adults at risk policy, a new gatekeeper function and new safeguarding teams. We also intend to ask Stephen Shaw to carry out a short review to assess progress against the key actions in his previous report.

I turn now to Lords amendment 87. The Government have always been clear about our commitment to identifying and protecting vulnerable refugee children, wherever they are. We wholeheartedly share their lordships’ underlying intentions in this regard. We have a moral duty to help. Our efforts to date, both within and outside Europe, have been designed to do just that. Our commitment to help those in need stands comparison with any other country. The UK has been playing its part in supporting European neighbours to provide support to those who have arrived, by already providing nearly £46 million of funding to the Europe-wide response to help the most vulnerable, including infants and children. This assistance will support vulnerable people including children on the move or stranded in Europe and the Balkans. In addition, the £10 million Department for International Development fund announced on 28 January will support the United Nations High Commissioner for Refugees, Save the Children and the International Rescue Committee to work with host authorities to care for and assist unaccompanied or separated children.

As the Prime Minister made clear last week, we will accept the amendment. However, we have always made it clear that, in implementing it, we must do nothing that would inadvertently create a situation in which more children put their lives at risk by attempting perilous journeys to Europe. That is why only those from Greece, Italy and France who were registered in the EU before 20 March will be eligible for resettlement, when it is in their best interest to come to the UK.

[Anne McLaughlin (Glasgow North East) (SNP)]

Among the most vulnerable children are the 10,000 who have gone missing. Will the Minister clarify whether those children, who were probably not registered before 20 March, are to be excluded from the provisions he has just outlined?

[James Brokenshire]

I will come on to the issue of registration, which has been highlighted by a number of people, in a moment. To be clear, we are not seeking to impose an over-burdensome or legalistic requirement on children to prove that they have been formally registered, but we will need to see some evidence that they were present in Europe before 20 March. This will avoid creating a new and perverse incentive for families to entrust their children to people traffickers. Our focus will be on reunifying children with families in the UK, but we will also consider cases of children at risk of exploitation or abuse.

[Sir Gerald Howarth (Aldershot) (Con)]

I understand that the Government are in a difficult position, although I supported the Prime Minister’s original stance on the matter. Are these children not already in safe countries? Are the Minister and the amendment’s supporters suggesting that France, Germany and Greece are not safe?

[James Brokenshire]

We certainly recognise the pressures that Greece and Italy, for example, have been under, and I will come on to talk about that more specifically. Equally, on children who are looking to be reunited with family here, the measure will provide a further mechanism to support the best interests of the child, which is what the Government have said. Reconnecting children with family here in the UK underpins that important message.

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

I have listened carefully to what the Minister has said and have looked closely at the amendments in lieu that he proposes. Will he be clear to the House about the number? I know that it is not in the amendment in lieu, but is he going to act within the spirit of the 3,000 figure? Will he also give us any indication about what will happen in the short term—perhaps before the new school year starts—and roughly how many children we will support?

[James Brokenshire]

I recognise the hon. Gentleman’s point, and if he will bear with me I will come on to address it. It is important for the House to recognise that the reference to 3,000 children has been removed from the amendment, but we welcome the insertion of consultation with local authorities, which is important.

An arbitrary quota is not the correct approach. It has no regard to the existing pressures faced by local authorities, which last year alone took charge of 3,000 unaccompanied asylum-seeking children who had made their way here. The burdens of taking on children are not evenly shared between local authorities, which is why we have made provision in the Bill to bring about a national dispersal scheme for unaccompanied asylum-seeking children. We agree that local authorities should be consulted to ensure that our obligations to those children already in the UK continue to be fulfilled and that any children brought to the UK can be fully supported. The nature of the amendment means that we must consult others before bringing final proposals on implementation.

Furthermore, the best interests of the child must be at the heart of any action. In addition to consulting local authorities, we will also continue to consult relevant non-governmental organisations, the United Nations High Commissioner for Refugees, UNICEF and other member states, specifically France, Greece and Italy, on how best to implement the legislation, including which children will most benefit from such action and how we can implement procedures and processes that protect the best interests of the child.

[Several hon. Members rose—]

[James Brokenshire]

I will give way to the right hon. Member for Leicester East (Keith Vaz).

[Keith Vaz (Leicester East) (Lab)]

I warmly welcome what the Minister has said today. The Government have moved a considerable way as a result of what has happened in the other place.

It is so important that we do not send a message out to people traffickers that the floodgates will be open for them to profit more from what is being achieved. It is also important that we give local authorities the resources they need. They are already under huge pressure to house refugees, and it is important that we work with them. The Minister has done the right thing and I welcome it.

[James Brokenshire]

I am grateful to the right hon. Gentleman for making the point about the messages that we send out and the potential for exploitation by people traffickers. They have become adept at using social media and other techniques to ensnare refugees and children, who then make such journeys and put their lives in traffickers’ hands, with all the horrific consequences that we have seen. He is right to underline that core message.

The conversations have already begun. I was in Athens on Friday for discussions with the Greek Government to explain the nature of the arrangements that we are contemplating. We will now urgently consult others prior to bringing forward more detailed proposals. A meeting with the Local Government Association is scheduled for later this week. Until further discussions have taken place, it is premature to speculate on the likely numbers that will count towards the new obligation set out in the amendment. I hope that my comments show that we are seeking to make progress and to get to a point at which we can report back to the House.

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

The right hon. Member for Leicester East (Keith Vaz) mentioned funding. Is the Minister prepared to commit to adequately resourcing any new scheme for the resettlement of unaccompanied child refugees, many of whom will be particularly vulnerable? Local authorities in Scotland have already resettled 700 refugees and are pressed for funds at present.

[James Brokenshire]

Obviously, existing funding is provided for unaccompanied asylum seeking children; the Home Office funds local authorities in that way. We are carefully considering this in the context of the existing arrangements and will be discussing it with colleagues across government, as well as with local authorities. I would like to reassure the House that we intend to be flexible in our interpretation and approach when implementing this amendment, to ensure that it is practical and supports the most vulnerable children, as intended. We believe the amendment, as currently drafted, enables us to do that. The use of the term “refugee” can be interpreted to include certain asylum seekers and avoid the requirement of a child having to go through a full refugee determination process before being admitted to the UK. Our Syrian resettlement scheme already operates in a not dissimilar way, and we do not believe any clarifications are necessary.

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

Does the Minister accept, however, that vulnerability does not necessarily end on a child’s 18th birthday? We have already deported about 3,000 children to a number of countries, including Libya and Syria, since 2005. Will he assure us that the children who are allowed in will be allowed to stay here?

[James Brokenshire]

I do not want to conflate, as the right hon. Gentleman seems to be doing, those who claim asylum in this country and are then determined not to have a valid asylum claim—we would therefore seek to remove them on their 18th birthday—with the arrangements we are contemplating and which I am setting out to the House this evening. Obviously, we are looking carefully at the nature of the leave that will be granted. It is important to understand and recognise that where we are seeking to reunite children with parents here, the Dublin arrangements would normally mean that they would have the same leave as the person who was here. Equally, if we are looking at resettlement, different leaves may be involved. We are looking at this carefully with UNHCR and others.

I hope that colleagues will agree that accepting the amendment is the right thing to do. No country has done more than Britain when it comes to help for Syrian refugees. Accepting this amendment demonstrates the Government’s approach of doing more for refugee children across the globe while upholding the principle that we should not be encouraging vulnerable people to make that perilous journey. We remain of the view that we can have the biggest impact by supporting refugees in affected regions and the countries hosting them. Those we resettle here are the exceptions and the vulnerable whom the UNHCR advise need to be resettled in a country such as the UK. That has always been the cornerstone of our policy and that should remain the case, but we recognise our duties, both in the EU and beyond.

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

Let me start by discussing unaccompanied refugee children in Europe and reminding the House that two weeks ago the Government voted against Lord Alf Dubs original amendment here in this House. Last week, they voted against this amendment in the other place. Obviously, I welcome the change of position, but it is just that. Whether voting against an amendment last week and accepting it this week is listening, as the Government would have it, or U-turning, as I would have it, is a matter for debate, but clearly there is a changed position.