Oral Answers to Questions

Debate between James Brokenshire and Sarah Teather

Monday 23rd March 2015 Commons Chamber

[Sarah Teather (Brent Central) (LD)]

T5. I understand that the Home Secretary has asked officials to carry out a detailed piece of work on the future requirements of the immigration detention estate, in conjunction with her decision to halt the expansion of Campsfield. What is the remit for that work, what is the timetable for it, and will it be made public? Will the Home Secretary direct the officials to look at the international evidence that was presented in our cross-party report on the immigration detention system, which suggests that we could substantially reduce our need for detention places?

[The Minister for Security and Immigration (James Brokenshire)]

Let me take this opportunity to wish the hon. Lady well for the future, as that was probably the last Home Office question she will ask before she leaves the House.

We will certainly look at the all-party parliamentary group report, and I intend to write to the hon. Lady about it before the House rises on Thursday. We are examining the issue of the detention estate internally, but our work will be informed by Stephen Shaw’s review of the welfare aspects. It is important to ensure that we are providing a humane environment for people who are being detained.

Oral Answers to Questions

Debate between James Brokenshire and Sarah Teather

Monday 5th January 2015 Commons Chamber

[James Brokenshire]

I am obviously happy to look at any individual cases that my hon. Friend may wish to highlight and I can examine further. A British passport is not issued to a child born overseas until the Passport Office is satisfied that all the relevant identity, nationality and child protection issues have been identified. I am sure that my hon. Friend would support that.

[Sarah Teather (Brent Central) (LD)]

10. How many Syrian refugees have been resettled in the UK under the Government’s vulnerable persons relocation scheme to date.

[The Minister for Security and Immigration (James Brokenshire)]

We remain on track to relocate several hundred people under the vulnerable persons relocation scheme over the next three years. Between the first group of arrivals on 25 March and the end of September, 90 people were relocated to the UK under the scheme. In addition, over 3,400 Syrians and their dependants have been granted asylum or other forms of leave to remain since the start of the crisis.

[Sarah Teather]

The Minister will no doubt be aware that 2015 has already seen two worrying trends for Syrians fleeing the violence of war: first, an increase in restrictions imposed on those seeking to settle in neighbouring countries such as Lebanon; and secondly, even more refugees boarding boats and taking risky journeys in the Mediterranean. Does he recognise that our unwillingness to offer anything more than tokenistic safe legal routes for resettlement and family reunification of refugees exacerbates both those trends? We have no moral standing when arguing with neighbouring countries that they should keep their borders open, and desperate people will take any route to try to improve their lives when facing violence such as Syria’s.

Resettlement of Vulnerable Syrian Refugees

Debate between James Brokenshire and Sarah Teather

Wednesday 10th December 2014 Commons Chamber

[James Brokenshire]

I understand from the Under-Secretary of State for Foreign and Commonwealth Affairs, my hon. Friend the Member for Bournemouth East (Mr Ellwood), that that matter is being raised at international bodies and in international discussions. The right hon. Gentleman is right to emphasise the work done by countries such as Jordan and others. We are providing more than £300 million in aid assistance outside Syria to some of the countries on which the displacement of people is most directly having an impact.

[Sarah Teather (Brent Central) (LD)]

I have visited both Lebanon and Jordan to see projects supporting Syrian refugees, as outlined in my entry in the Register of Members’ Financial Interests. In talking about numbers, it is worth noting—on a day when the Prime Minister is in Turkey—that Turkey has received more Syrians fleeing the war in the past three days than the number resident in the whole of Europe altogether. Will the Minister consider expanding not just the vulnerable persons relocation scheme, for which many colleagues have argued, but other safe routes to travel? For example, family reunification, which Switzerland has done, would be cheaper to administer and would alleviate significant suffering.

[James Brokenshire]

People subject to the vulnerable persons relocation scheme are also eligible for family reunion under our normal rules. The hon. Lady mentioned Turkey and other countries. Again, it is important to underline that our support has reached hundreds of thousands of people across all 14 governorates of Syria, as well as in Jordan, Lebanon, Turkey, Iraq and Egypt. She is absolutely right to emphasise the impact on other countries.

Oral Answers to Questions

Debate between James Brokenshire and Sarah Teather

Monday 17th November 2014 Commons Chamber

[Sarah Teather (Brent Central) (LD)]

In the past few months there has been increasing evidence that the countries surrounding Syria have begun to close their borders to reduce the number of refugees they allow through, leaving many in a desperate situation. I join the hon. Member for Lewisham East (Heidi Alexander) in urging the Government to step up to the plate at the pledging conference because we have no ability to put diplomatic pressure on other countries if we are doing so pitifully ourselves.

[James Brokenshire]

The contribution of the UK stands up to scrutiny and our overall contribution bears comparison with any international country. We are providing £700 million in aid, which is assisting hundreds of thousands of people each month. The vulnerable persons relocation scheme deals with the most vulnerable individuals, and I underline the fact that we have granted asylum to 3,000 people from Syria since the start of the conflict.

--- Later in debate ---

[Sarah Teather (Brent Central) (LD)]

T3. As the Minister will know, over the last few months I have been chairing an inquiry in which a cross-party group of Members of Parliament has been investigating immigration detention and the treatment of detainees. We have heard some very disturbing evidence from detainees themselves about the impact on their mental health, and also from representatives of the Royal College of Psychiatry and the British Medical Association. The panel would like an opportunity to discuss the Minister’s written evidence with him in person. May I encourage him to come and give evidence to our inquiry? We should be very happy to work around all manner of difficulties in his diary.

[The Minister for Security and Immigration (James Brokenshire)]

I welcome the work of the all-party parliamentary group. Let me emphasise that our priority is to ensure that detention is as short and possible, as well as being safe and secure. Obviously we have made changes in relation to the process for mental health provision, in which Public Health England has been involved, but I will certainly continue to reflect on the recommendations that the inquiry makes.

Refugees and Migrants (Search and Rescue Operation)

Debate between James Brokenshire and Sarah Teather

Thursday 30th October 2014 Commons Chamber

[James Brokenshire]

The hon. Lady has sought to politicise this issue in a way that does not reflect the intent or focus of the Government.

I say to the hon. Lady clearly that the people who are responsible for the deaths of those at sea are the organised traffickers who seek to exploit the vulnerable by putting them in increasing numbers on boats that are entirely unseaworthy. Our judgment is that extending the emergency measures has encouraged that and put more lives at risk. That is our primary focus. Indeed, it is the focus not simply of the UK Government, but the unanimous conclusion of all 28 member states of the EU.

The hon. Lady made an appropriate point about intervening earlier and looking overseas at the flows of people across borders far from the Mediterranean sea. That is why I made the point about the aid, assistance and political leadership that the UK provides in that work. She asked when we would meet other European Ministers. The Italian Government will host a conference in the coming weeks to look at these very issues around the horn of Africa. We look forward to attending and supporting that conference.

The hon. Lady asked about the support that the British Government are providing to Frontex. I want to make it clear that the UK is not a fully participating member of Frontex because it is not in the Schengen area, and Frontex is an EU body that is designed to safeguard that area. However, we have always sought to respond as favourably as we can to any requests that Frontex makes of the UK. Indeed, the expert to whom she referred is being provided as a consequence of the requests that we have received from Frontex to date. We stand ready to look favourably on any further requests that Frontex may wish to make of the UK Government in support of Operation Triton.

I say again that the focus of the Government is not on short-term political issues, but on examining what will make a difference in the region and providing the necessary humanitarian support. Our judgment is that the steps that are being taken are about saving lives, not putting lives at risk.

[Sarah Teather (Brent Central) (LD)]

Claiming that rescuing people from drowning in the sea is somehow a pull factor for people who are fleeing war is an absurd and deeply unethical thing for the Government to do. Can the Government not see that more people are travelling because half of the middle east is burning? Has the Minister not seen the advice of his own Foreign Office? We cannot wash our hands of these people, Pontius Pilate-style. If we are to prevent people from boarding rickety boats and drowning at sea, we will have to work with our European colleagues and find safe routes of travel. Can the Minister not see that he has lost any sense of ethical reasoning here?

[James Brokenshire]

I entirely reject the analysis that my hon. Friend seeks to proffer in this regard. No one is turning a blind eye to humanitarian issues or needs. The purpose of the actions being taken is to put fewer lives at risk, and I am sorry that she is unable to accept the clear purpose of what we are undertaking. On the idea that boats in need of assistance would simply be ignored, I point her to the head of Frontex who said that if a boat in distress is spotted, rescue is the top priority. I am sure that that is precisely what will happen.

Relocation Scheme (Syrians)

Debate between James Brokenshire and Sarah Teather

Wednesday 16th July 2014 Westminster Hall

[James Brokenshire]

In respect of liaison, we are working with the UN to identify families and then to ensure that the support that they need is there before they arrive. As I said, two to three families are arriving steadily each month, under the regular plan for continuation of the scheme that we have in place. I will come to the overall numbers and reaffirm the commitment made by the Home Secretary in that regard.

The scheme is to ensure that families receive the support that they need in local areas, given their vulnerability, and central Government are responsible for its overall funding. However, as was mentioned, we will recover costs, if possible, from the EU and other funding sources, and work and discussions continue in that regard.

The Government have delivered what we promised in January: a bespoke scheme to complement the UK’s humanitarian aid, focused on giving sanctuary to the most vulnerable refugees and ensuring they get all the care and support they need in the UK.

[Sarah Teather]

I want to press the Minister a little further, because there is concern about numbers. I want to get from him a sense of whether this scheme is proceeding at the pace he expected. Was the Government’s initial ambition simply that we would only resettle two or three a month or was it higher? Has there been a problem and, if there has, what is it and what are the Government doing to try to resolve it? Two to three families a month is a small number; even my own council manages to move more people into accommodation per month, and this is across the whole of Britain. What is the problem?

[James Brokenshire]

To respond directly to my hon. Friend, we said we would support several hundred of the most vulnerable Syrians over the next three years. It was always envisaged that there would be a focus on a steady process of identifying families and seeing that they have the support that they need to be settled, working with the UNCHR, delivering the commitment to taking several hundred over the next three years. I believe that we remain on course to deliver on the commitment as a result of the excellent collaboration with the UNHCR and the International Organisation for Migration.

--- Later in debate ---

[James Brokenshire]

That was the basis of the statement made by the Home Secretary in January, on assessing specific needs and the ability to ensure that resources and capabilities could be in place to see that some challenged family groups—it is groups that will see this continued roll-out through the coming months—are supported, to ensure that there is appropriate integration.

I believe that we remain on track to meet the commitments that we stated to the House at the beginning of January. That is obviously in addition to the places available to refugees of other nationalities under our established programmes, which offer the opportunity of a new life in the UK for those in long-term, protracted refugee situations, for whom the only viable long-term solution is resettlement.

[Sarah Teather]

The Minister did not quite answer the question put by the hon. Member for Hayes and Harlington (John McDonnell), which I also asked. The Minister mentioned the basis of the Government’s statement, but did not explain how we arrived at the position of saying that we would support several hundred, as opposed to several thousand or tens of thousands. Why that particular figure?

[James Brokenshire]

Clearly, the Government considered what would be a suitable figure, to ensure that the scheme could deliver on its aims and ambitions to meet the needs of some of the most challenged and vulnerable, including some who need specific medical care and assistance, and ensure that they could be resettled within the UK with that support and that package. It was on that basis that the assessment and the programme was drawn up.

Given their vulnerabilities, it is essential that we give beneficiaries of the scheme the specific care they need as soon as they arrive in the UK. We have therefore had to ensure that the support and accommodation they need is properly in place before arrival, and we have been liaising, in the way I mentioned, to achieve this. Successful delivery of the scheme depends on the capacity of local authorities and health bodies to provide the high level of support required by beneficiaries of the scheme. Our emphasis is therefore on quality, not quantity. We are extraordinarily grateful to local authorities and health and education partners who have supported the scheme; they have played a vital role in helping those arriving under the scheme settle into a new, safe life in the UK.

We are, of course, continuing to consider Syrian asylum claims under our normal rules. Since the crisis began in 2011, we have received over 4,000 Syrian asylum claims. During the same time, we have granted asylum or other forms of leave to more than 2,700 Syrian nationals and dependants. We also operate an immigration concession for Syrian nationals who are already legally present in the UK, to enable them to extend their stay or switch immigration category without leaving the UK.

[Sarah Teather]

I should like to take the Minister back a little and question him on local authorities and health services. What is his Department doing to encourage local authorities to take more people? Is he having difficulty persuading them? If so, are there any particular barriers? Knowing that would help those of us who are interested in this issue, partly to see whether there might be anything we can do to help encourage local authorities increase interest. Will he give a bit more information on his discussions in that regard?

[James Brokenshire]

There have been discussions with local authorities, a number of which have been extraordinarily generous and positive in taking part in the scheme. As I said, other local authorities are expressing an interest in joining the scheme. Hon. Members have commented on individuals who have volunteered their homes and their personal support.

Having seen correspondence on my ministerial desk, I am struck by the generosity and desire of so many people wanting personally to see what they can do to provide support and assist in this appalling crisis. There have been ongoing conversations. I am confident that more authorities are coming forward, that we are able to house vulnerable Syrians fleeing the conflict and that we will provide support for them in different parts of the country.

We are, of course, aware that the international community has responded to the crisis in different ways. In the face of such an enormous challenge, it is right that the international community should use all means to relieve the suffering of the Syrian people. It is ultimately for individual states to decide for themselves how they help those displaced by the crisis, but we would not want to see a strengthened focus on resettlement detract from the international community’s continued relief effort to support the majority of refugees who remain in the region and their host countries. I do not see that it has detracted from that, but we need to retain focus on that.

I am conscious that the hon. Member for Strangford is no longer in his place, but I wanted to respond to the point he raised about protecting Christians in Syria. I share his concerns about those who are at risk due to the crisis, including Syrian Christians. There are a growing number of reports of Christians and other minority groups being targeted in Syria. The Syrian National Coalition has responded to those reports, emphasising that they are contrary to the coalition’s vision of a future Syria that protects pluralism and the rights of all its citizens. In that context, it is important to note that it is not only Christians who are being identified, brutalised and murdered as a consequence of their faith; we are aware of other minority communities that are also being targeted on that basis.

It is important to recognise that a brutalising group such as the Islamic State of Iraq and the Levant does not seek to concern itself in virtually anything. ISIL is a brutal organisation that kills those who do not hold the perverse beliefs that it puts forward. That means killing Muslims, whether Shi’a or Sunni, and other minority groups. That is why it is so important that we support the international efforts to resolve the crisis in Syria and that we support the Government of Iraq in finding a solution for that country that brings together all faiths and confronts the challenge that ISIL has brought forward.

To come back to the focus of the debate secured by my hon. Friend the Member for Brent Central, we believe that the vulnerable persons relocation scheme will make a real difference to the lives of the most vulnerable refugees, who can only be supported in countries such as the UK. I am delighted to see those who have arrived so far settling into their new homes and receiving the care they need, and I look forward to us welcoming further families to the UK as the scheme progresses. We must not, however, lose sight of the majority, who remain in the region. Continuing our efforts to help them must remain our highest priority, along with providing a long-term political solution for Syria.

Immigration Bill

Debate between James Brokenshire and Sarah Teather

Wednesday 7th May 2014 Commons Chamber

[Sarah Teather (Brent Central) (LD)]

Is the Minister able to clarify the numbers involved and how the Secretary of State and, indeed, her predecessors have used those powers? The Joint Committee on Human Rights has repeatedly asked for those data, but has been unable to access them. I have asked similar questions and have also been unable to get the data, so could the Minister tell us how many people have had the power used against them?

[James Brokenshire]

It might be helpful if I explain that since the law was changed in 2006, 27 people have been deprived of their citizenship through different conducive powers. Twenty-six people have been deprived on the grounds of fraud, false representation or concealment of a material fact, and one further person has been notified of the intention to deprive on those grounds. Perhaps that gives my hon. Friend an idea of the context in which the power is used. It is used extremely sparingly: it is not undertaken lightly and the Secretary of State considers its use extraordinarily carefully.

I recognise that the proposals that were suggested when the Immigration Bill was last before this House have, rightly, provoked a great deal of debate and discussion. It is important that the House understands the significance of the measures and that the other place has had an opportunity to consider them after our debate on Report. There has been much debate, both here and in the House of Lords, about the impact of leaving a person stateless, and there are concerns about those who cannot acquire another nationality.

--- Later in debate ---

[James Brokenshire]

I can see that my hon. Friend the Member for Brent Central (Sarah Teather) wants to make a second intervention, and I will then give way to my hon. Friend the Member for South Swindon (Mr Buckland).

[Sarah Teather]

I want to follow up the Minister’s answer to my hon. Friend the Member for Cambridge (Dr Huppert). The Minister said that the issue was about having a route in law to secure another citizenship, but he rather glossed over the practical barriers that many people face in obtaining another citizenship. Will he put on the record more information that might help those of us with concerns about amendment (a), as drafted, particularly about what constitutes an objection to the Home Secretary proceeding in relation to practical impediments to such people gaining another citizenship, rather than the provision necessarily being used as a route in law?

[James Brokenshire]

As I have said, the primary consideration is for the Home Secretary to research various materials and determine whether the individual could reacquire their former nationality, because that is what we are largely talking about in the circumstances of considering such laws. I am sure that she would also have to consider practical issues and the other surrounding circumstances. It is difficult to be specific, as individual facts and cases will no doubt be relevant to the provision. She will, therefore, wish to consider those other practical or logistical arrangements as part of her determination about whether there are reasonable grounds for the individual to secure citizenship from another state.

--- Later in debate ---

[James Brokenshire]

I am grateful to my hon. Friend, who has made his point. I am sure that he will make it again in the debate. He is right to underline the careful way in which we have framed the amendments.

[Sarah Teather]

rose—

--- Later in debate ---

[James Brokenshire]

I will take one further round of interventions, then I will make some progress.

[Sarah Teather]

Will the Minister comment on the time frame in which he thinks it is reasonable to expect somebody to obtain another citizenship? In the Government’s mind, would somebody be stateless for two years, five years or 10 years? Is there any sense of how long the process could go on for?

--- Later in debate ---

[Sarah Teather]

I have tabled a series of manuscript amendments today to seek clarification from the Minister. I hope that he will have an opportunity to respond to my points at the end of the debate.

Let me deal first with amendment (a) to Lords amendment 8, which is my principal concern. The ending of routine detention of children in the immigration system is one of the areas of which I am most proud in my record in government. The Government can be extremely proud of that and it has made a significant difference to many children’s lives. Many thousands of children used to be detained in the immigration system and there is significant evidence of the harm that that causes to children’s mental health.

It was very hard work to get to the 2010 agreement, which followed a painstaking process of negotiation, but it has made a significant difference. Trying to enshrine it in legislation is an extremely positive step and it is important that what happened before can never happen again, but with these issues the devil is always in the detail. I am not yet persuaded that the amendments, which we have not had an opportunity to debate as they were tabled in the Lords, have the detail correct.

I have a number of questions, which I have not been able to get answers to in private, so I hope that the Minister might be able to answer them today. I tabled amendment (a) because I do not understand why we would reasonably need powers to detain unaccompanied children in this way. As drafted, the Government amendments afford less protection to unaccompanied children than to those who have a claim as part of a family. If they are with their family, the family returns panel process is enacted. No such protection applies to unaccompanied children.

If a family needs to be held prior to deportation for a short period of time they are held in Cedars, which has Barnardo’s and specialist social workers working with it and has a carefully designed process to ensure that the welfare of children is paramount. An unaccompanied child who needs to be held for a short period of time will be held in a holding facility, and at the moment they do not have any rules for best practice. Successive Governments have held that question in abeyance and my colleague Lord Avebury has managed to drag out of the Government a commitment finally to try to bring forward some rules. I am very pleased to see that, but the conditions are very different from those in Cedars.

The amendments, as drafted, do not quite meet the Government’s guidelines. I acknowledge that there is currently no time limit for the detention of unaccompanied minors, so the 24-hour limit in the Government’s amendments is at least a step forward, but chapter 31 of the immigration and nationality directorate instructions states that

“detention will occur only on the day of the planned removal to enable the child to be properly and safely escorted to their flight and/or to their destination.”

Although the amendments imply that people could be held overnight, the rules do not suggest that, so I would appreciate the Minister’s response on that point. I see that he is dealing with a matter of whipping, so I do not know whether he heard me. Perhaps he can be refuelled from the Box to ensure that that point is answered.

Chapter 45 of the enforcement instructions and guidance states:

“Unaccompanied children (i.e. persons under the age of 18) must only ever be detained in very exceptional circumstances, for the shortest possible time and with appropriate care”.

The new clause inserted by Lords amendment 8 also contains the power for unaccompanied children to be removed without removal directions already being in place so long as the decision whether or not to give such directions is likely to be positive from the Home Office’s point of view. That does not seem to me to be very satisfactory.

The serious question is: why do we need to detain unaccompanied children at all? I have asked officials about particular cases in which this might apply, and they gave me the example of a Japanese student who wanted to come to the UK to study but found that the institution they were going to study at had suddenly been dissolved. We would need to put them on a plane rapidly, so we would have to hold them for a short period of time. The Minister gave the example of someone who might have to be detained for their own safety to prevent them from being trafficked. That makes me sigh, because it is a typical Home Office response. The Home Office always assumes that the natural reaction to any problem is enforcement, but our duty in this case is protection rather than enforcement. We tend to mistake those two things and it is a psychological trait of the Home Office always to assume that the answer is enforcement and that is precisely why it cannot always be trusted to come up with policy in this area.

[James Brokenshire]

indicated dissent.

[Sarah Teather]

I am sorry that the Minister is upset, but it means that he has heard me.

If an unaccompanied, vulnerable child turns up at a police station, the police do not put them in a cell, but get in touch with social services. Why can we not do the same for unaccompanied children who come here as migrants or to apply for asylum? Why do we need to detain them? Surely our duty is to protect them. There is plenty of legislation that allows us to do that, and I have not heard an example of detention being required as opposed to protection with appropriate powers of social services.

What really bothers me is whether this is a preamble to a more significant change in policy on the forced removal of unaccompanied, asylum-seeking children. Currently, the United Kingdom does not routinely remove unaccompanied, asylum-seeking children, but it is probably the worst kept secret that the Home Office wants to be able forcibly to remove more unaccompanied children, particularly to Albania and Afghanistan. My concern is that the Government’s amendment leaves wide open the possibility of a drastic expansion of forced removal of children. Instead of moving towards the ending of detention of children for immigration purposes, the clause could allow more unaccompanied children to be detained for the purposes of removal. I am desperately hoping that the Minister will tell me that my fears are ill founded, and I will be delighted if he does so. I hope that he can answer my other specific points about why we cannot simply involve social services and protect children in the small number of such cases instead of detaining them using enforcement powers.

My amendments to Government amendments 6 and 7 also relate to child detention and essentially ask for clarification and strengthening of our 2010 commitment not to split families to achieve compliance with the immigration process. The Minister will be aware that Barnardo’s, which works closely with the Government at Cedars, has produced a report stating that family splits are, unfortunately, sometimes used to effect enforcement of immigration provisions. We agreed in 2010 that we would not do that, and my amendments seek to strengthen that commitment and to make it clearer. In particular, there are sometimes cases when a parent lives away from the family temporarily. The obvious case is when they are in immigration detention, but similar cases are when someone has been sectioned, is in hospital or is in prison. I am worried that the legislation as drafted does not capture such cases or consider the best interests of children, and is not in the spirit of the agreement that we negotiated in 2010.

Finally, I tabled an amendment to Lords amendment 19 to clarify that the best interests of the child should continue to be a primary consideration in all cases involving children. The Joint Committee on Human Rights criticised the Government, saying that they have

“not explained how in practice the provisions in the Bill are to be read alongside the section 55 duty. Without such explanation there is a danger that front-line immigration officials administering the legal regime will be unclear about the relationship between the children duty in section 55 and the new tests introduced by the Bill which use different and unfamiliar language.”

Lords amendment 19 goes some way to meeting that concern, and I explored some of the issues in amendments tabled on Report. It confirms that it is necessary to take into account the need to safeguard and promote the welfare of children in the UK, but I am worried that it does not go far enough because the section 55 duty applies only to the Home Secretary and not to the courts. My amendment makes it clear that consideration of children’s welfare should always be the primary concern. That is necessary because there is growing evidence that recent immigration rules are negatively impacting on decision makers’ understanding of what factors should be taken into account when considering the best interests of children. For example, research last year by Greater Manchester’s immigration aid unit into unaccompanied, asylum seeking children found that, in seven of 10 cases analysed, the Home Office failed to carry out any determination of the child’s best interests. Similarly, last year’s audit of Home Office procedures by the United Nations High Commissioner for Refugees highlighted the lack of any systematic collection or recording of information necessary to determine a child’s best interests. That includes the lack of a process to obtain the view of the child. This proposal simply tries to make sure that the Government do the things they say are their priority. At the moment, the Bill still leaves some confusion.

Asylum Seekers (Support)

Debate between James Brokenshire and Sarah Teather

Thursday 10th April 2014 Commons Chamber

[Sarah Teather (Brent Central) (LD)]

(Urgent Question): To ask the Secretary of State if she will make a statement on support provided to meet the essential living needs of asylum seekers under sections 95 and 98 of the Immigration and Asylum Act 1999.

[The Minister for Security and Immigration (James Brokenshire)]

Asylum seekers are supported by the Home Office if they are destitute. The support package usually consists of accommodation, with gas, electricity, water and other utilities provided free, plus a weekly cash allowance to cover essential living needs. The cash allowance is currently £36.62 a week for a single adult, but it is higher in cases where there are children in the household. A family of two adults and two children would receive approximately £180 a week.

The Government completed a full review of payment levels in June 2013. The review concluded that the levels were sufficient to meet essential living needs. That decision was challenged in the courts by Refugee Action, a group that campaigns for asylum seekers, and the court issued its judgment yesterday. It decided that there were some errors in the way in which the 2013 review had been conducted. It found, for example, that items such as household cleaning products and non-prescription medicines should have been considered as essential and therefore factored into the overall assessment of the adequacy of the payment levels. The court did not decide that the current payment levels were too low. That question will be considered by the Government in a fresh review of the payment levels. We are of course considering the full implications of the judgment, and whether or not to appeal.

[Sarah Teather]

The Minister is correct to say that yesterday’s judgment did not comment on the generosity of the levels, but it was absolutely damning about the process that the Home Secretary had used in order to come to her decision. It found that she had misunderstood or misapplied information, that she did not know, or ignored, basic aspects of her Government’s education policy, and that she had failed to gather sufficient information. She has been told to go away and do the whole thing again.

Is not the problem that this decision is a personal fiefdom of the Home Secretary, driven entirely by base political motives? She can and does ignore detailed representations by other Ministers across the Government. She can and does ignore parliamentarians, including the findings of a cross-party inquiry that I chaired last year. She can and does ignore the pleas of those who work with victims of torture, who say that she is exacerbating their trauma and forcing them into severe poverty. It is an indictment of the current process that Refugee Action and the Migrants Law Project had to take the Home Secretary to court to get any kind of oversight of the process.

Is it not simply time for Ministers to accept that the Home Office cannot be trusted to make a rational or humane decision alone on this matter, and to submit to a transparent process with cross-government oversight, which might improve its data and force the Home Secretary to come to Parliament to announce them? Finally, does the Minister accept that half this agony would be avoided if the Government allowed asylum seekers to work and pay their own way, as many of the highly skilled individuals who come here seeking sanctuary are desperate to do?

[James Brokenshire]

The UK has a proud history of granting asylum to those who need it, and the Government are committed to providing support to those who would otherwise be destitute while their claims are being considered. The payment levels to asylum seekers need to be considered as part of the overall support package. Accommodation—plus utilities such as gas and electricity —is provided free.

I do not accept my hon. Friend’s characterisation of the assessment process. A detailed assessment was concluded last June and, indeed, we will carry out a further assessment of levels this year to take into account relevant factors and to assess whether there should be any change. I can certainly assure her that we will consider these matters very carefully.

My hon. Friend makes various comments on the judgment itself. It is a very detailed judgment—it runs to about 90 pages and the Home Office is analysing the detail carefully and, indeed, whether we will be appealing it.

The Home Office takes its responsibilities in respect of asylum support extremely seriously in setting the rates and considering what is appropriate. We believe that it does provide support to enable those who seek asylum and who are destitute to see that their claims are decided, and that support is given to them during that process.

Yarl’s Wood Immigration Centre (Detainee Death)

Debate between James Brokenshire and Sarah Teather

Monday 31st March 2014 Commons Chamber

[James Brokenshire]

The right hon. Gentleman has highlighted some significant issues. There have been some shocking and disturbing cases in the past few years and he has referred to them. He will know that there are ongoing police investigations and criminal proceedings in those cases, which makes it difficult for me to comment on any specifics. I underline to him that the Home Office has conducted a review of the methods of restraint and the use of force in the difficult circumstances of removal. The development of new bespoke training packages for escorts during the removal process has been undertaken by the National Offender Management Service. An independent advisory panel for non-compliance management, chaired by Stephen Shaw, a former prisons and probation ombudsman, was appointed to assess the restraint techniques and the safety of the proposed systems. That panel’s work is literally due to conclude in the next day or so and I look forward to its recommendations, because it is important that staff are fully cognisant and trained. Certainly, I underline the key message of holding responsibility for managing those in detention.

[Sarah Teather (Brent Central) (LD)]

During my various visits to detention centres, I have been alarmed by the number of times I have heard from detainees that they have difficulty accessing health care, usually in direct contradiction to the reports being put out by management. The situation is particularly alarming given the number of detainees with serious health problems. The Opposition spokesperson, the right hon. Member for Normanton, Pontefract and Castleford (Yvette Cooper), has referred to a report by Women for Refugee Women that highlights the number with particular health difficulties, and we know that those in detention often find that things get worse. What is the Minister doing to get underneath the skin of the data that management put out about access to health, and what is he doing to ensure that those with serious mental health and physical problems are not in detention at all?