Keir Starmer
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Immigration Bill (Thirteenth sitting)
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Keir Starmer (Holborn and St Pancras) (Lab)
I beg to move amendment 224, , in schedule 6, page 91, line 37, leave out—
“before the end of such period as may be prescribed.”
To remove provision for a period to be prescribed in regulations, made under section 94(3) of the Immigration and Asylum Act 1999, during which an individual may be left destitute before qualifying for section 95 support on the basis of having lodged “further qualifying submissions”.
The Chair
With this it will be convenient to discuss the following:
Amendment 225, in schedule 6, page 92, line 6, leave out from “, or” to end of line 8.
To prevent section 95 support from terminating immediately on notification of a decision on further qualifying submissions if no period for support terminating is prescribed in regulations made under section 94(3) of the Immigration and Asylum Act 1999.
Keir Starmer
The two amendments are rather technical but none the less important. They deal with the period between a decision being made and support being made available.
The background to amendment 224 is that, under proposed new subsection (2B) under paragraph 3(3) of the schedule, people who have lodged “further qualifying submissions” to the Home Office are defined as asylum seekers and will therefore qualify for full support under section 95 of the Immigration and Asylum Act 1999 in the same way as those making an initial claim for asylum. That enables support to be provided to that group of people, who at the moment are accommodated under section 4 of the 1999 Act. That section is being repealed.
The drafting of proposed new subsection (2B)(b) and (2B)(c)(ii) enables the Secretary of State to prescribe in regulation a period during which he may consider the further qualifying submissions without being under a duty to provide support. During that period, the individual would remain destitute. Such a situation was subject to litigation in the case of MK and AH, with Refugee Action, which was reported in 2012. The Home Office policy of delaying 15 working days before making a decision on section 4 applications was found to be unlawful. The case led to a policy change, so that decisions under section 4 now have to be made within two days for individuals in vulnerable categories and five days for other people. The amendment would ensure that the principles in the MK case are upheld and that the resulting policy remains broadly in place.
Amendment 226 is also technical and is intended to prevent section 95 support from terminating immediately upon notification of a decision on—
The Chair
Order. Sorry to interrupt the shadow Minister, but I think he might have said amendment 226 just then, but that is in the next group. We are discussing amendments 224 and 225 at this stage.
Keir Starmer
Maybe I did. I apologise.
Amendment 225 is intended to prevent individuals and families from being made immediately homeless and destitute on receipt of a decision from the Home Office on their further qualifying submissions. The existing policy allows for 14 days of support if further qualifying submissions are rejected and 21 days if they are accepted. Under proposed new subsection (3A)(b) in paragraph 3(5) of the schedule, however, if no regulations are brought in prescribing the period after which support is terminated, or the individual is not covered by the scenario envisaged in the regulations, support can be terminated immediately.
Essentially, there are three scenarios that are a cause of concern. The first is applicants whose further submissions are accepted and who are granted leave. They would have no time to obtain the documentation they need to apply for mainstream benefits and/or work. Lest anyone thinks that that is a theoretical example, there was the tragic case that a number of Committee members will know of—the case of EG—where support was withdrawn and there was a serious case review, which touched upon the transitional periods when support was not provided under the existing regime. To be fair, I do not think that that was the sole cause of the issue, but it was certainly one of the issues that was flagged up in the serious case review, and obviously everyone wants to ensure that everything is done to ensure that that type of thing does not happen again. EG was a little boy who starved to death in that period. So that is applicants whose further submissions are accepted and are granted leave.
The second group is applicants whose further submissions are treated as a fresh protection claim with a right of appeal. As I understand it, they would have to reapply for support on receiving a decision about their further qualifying submissions, because the Bill provides for the support they were receiving to terminate on the day that the decision is taken. So, as far as they are concerned, there is an interim period.
The third group is applicants whose further submissions are rejected. Until now, they would have had 14 days of support. There is a provision in the Bill—new subsection (3D) under paragraph 3(5) of schedule 6—that provides for support to be continued when
“permission to apply for judicial review is granted”.
Clearly, however, there will be a gap between the decision and any application being made for judicial review, and any permission being granted.
As I say, to some extent, these are technical amendments, but they are important because they deal with periods that until now have been dealt with under policy and guidance, whereby support is not removed during the possible gap period. However, it may be that the Minister can give some assurances that will remove the need for the amendment.
Keir Starmer
The Minister has dealt in some detail with the situation if the claim is rejected. As I understand it, if it is accepted, the grace period of 28 days will apply, which covers the first category of people. If that is what the Minister is saying, I am reassured by that and will not push the amendment to a vote. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 97, in schedule 6, page 92, line 41, leave out “VI” and insert “VI and section 141”.—(James Brokenshire).
Keir Starmer
I beg to move amendment 226, in schedule 6, page 93, line 37, leave out sub-paragraph (5),
To allow destitute refused asylum seeking families to continue receiving basic support (just over £5 a day for their essential living needs with housing provided for those with nowhere to live) until their case is finally concluded, as is currently the case. This aims to protect vulnerable children from being left destitute; ensure immigration controls are not undermined because the Home Office has lost contact with families who are appeal rights exhausted; and to avoid a substantial transfer of costs to local authorities.
The Chair
With this it will be convenient to discuss amendment 227, in schedule 6, page 93, line 38, leave out from “provided)” to end of line 39, and insert—
‘(a) the heading becomes “Support for asylum-seekers, etc”, and
(b) insert after subsection (8)—
“(8A) The weekly cash payment set out in Regulation 2(2) of the Asylum Support (Amendment No.3) Regulations 2015 No. 1501 for each individual is increased to no less than 60% of the rate of Income Support payable to single adults aged 25 or over.”’
To ensure asylum seekers have the support they need to pay for food, clothing, toiletries, travel and other necessities and thereby try to help ensure that they can properly meet their essential living needs and pursue their asylum applications. The amendment works by amending section 95 of the Immigration and Asylum Act 1999 which is the overarching section under which support for persons seeking asylum is provided.
Keir Starmer
In earlier debates on clause 34 and schedule 6, we have touched at great length on the subject of amendment 226, which is intended to reverse the removal of support altogether. A number of Committee Members quoted from the available evidence. In those circumstances, I do not propose to dwell heavily on amendment 226, but amendment 227 has not been dealt with.
The rates for asylum seekers supported under section 95 of the 1999 Act were originally set at 70% of income support, on the basis that their accommodation and utility bills would be paid for separately. As of August this year, asylum seekers, including children, on section 95 support who would otherwise be destitute now receive the same flat rate of support, as opposed to varying amounts for single adults, lone parents, families with children and so on. That rate set at just £36.95 a week, or just over £5 a day. A number of groups have looked at that rate of support, which is manifestly very low. In 2013, a cross-party parliamentary inquiry into asylum support for children and young people, which took evidence from 150 local authorities, found that
“the levels of support for asylum seeking families are meeting neither children’s essential living needs, nor their wider need to learn and develop. The levels are too low and given that they were not increased in 2012 they should be raised as a matter of urgency and increased annually at the very least in line with income support.”
The inquiry further recommended:
“The rates of support should never fall below 70% of income support.”
The Home Affairs Committee picked up the theme in October 2013, highlighting
“concerns about the level of support available to those who seek asylum in the UK.”
It concluded:
“This relative poverty of those on section 95 support is compounded by the fact that the vast majority of asylum applicants have not legally been allowed to work since 2002.”
We will come to that issue later. Amendment 227 would ensure that any asylum seeker who would otherwise be destitute received no less than 60% of income support, which is currently equal to £43.86 a week.
Sarah Champion (Rotherham) (Lab)
I am going to speak to amendments 226 and 227, because they are both fundamental and speak to the humanity that I believe we have in this country.
I shall speak to amendment 226 first. Our immigration system has long recognised the need to afford special protection to families with children. It is heartening to hear the Minister reaffirm that position. However, the Bill will remove those protections by withdrawing support for refused asylum-seeking families with children. Irrespective of whether families should or should not return to their country of origin, it is incumbent upon us to ensure that the wellbeing of children is at the forefront of our asylum policy. The Government, by contrast, are seeking to withdraw all support for children when their parent’s application is refused, and to prevent statutory services from assisting children who become destitute.
The consequences of the complete withdrawal of support are severe. We have heard from witnesses that when refused asylum seekers have their support cut off, it both causes illness and complicates existing health problems. Those effects are even more pronounced given that asylum seekers will have been living below the poverty line, on just over £5 a day, for many months or even years while awaiting a decision. The pilot of section 9 of the Immigration Act 2004, which introduced similar measures, clearly demonstrated their negative impact on the health and wellbeing of refused asylum seekers. Refugee Action and the Refugee Council’s study of the pilot revealed that the majority of families with whom they worked had mental or physical health problems that were exacerbated by section 9. Some 80% of parents were found to have mental health problems and some 36% had significant physical health problems.
The risks to children are worsened still further by the potential to force families into exploitative situations in order to survive. Provisions in the Bill would see the criminalisation of illegal workers, the loss of the right to rent, the closure of bank accounts and the freezing of assets. In such an environment I am gravely concerned that exploitation will increase dramatically and that many of the positive steps made by the Modern Slavery Act 2015 may be fatally undermined.
The Bill will inevitably mean the cost of supporting families being passed to local authorities. The costs will be huge. As asylum seekers are overwhelmingly located in deprived areas, those with the least ability to absorb those costs will be faced with the highest bill. The north of England, for example, has about a third of the UK’s population, but Migration Yorkshire estimates that it will face half the cost. It has also highlighted that the societal impacts of such deprivation will be disproportionately felt in the north of England.
The Government’s view is that the changes are necessary to encourage refused migrants to leave, but a huge weight of evidence, including from the Home Office itself, suggests that that will simply not work. Indeed, the Bill is likely to make effective immigration control still harder. When parents think that their children’s life may be at risk if they return home, whether that fear is justified or not, they will generally opt for destitution in the UK as the lesser of two evils. The impact of the removal of support will be the removal of any incentive for failed migrants to maintain contact with the Home Office. The Bill will not only force migrants from the address at which they were known to the Home Office but ensure that migrants do not contact the Home Office again. How is immigration control to operate under those conditions? How is the Home Office expected to track and ultimately remove migrants with whom it has no contact and for whom it has no address? The Bill fails to address those serious questions.
The findings of the section 9 pilot clearly demonstrate the effect on immigration control of removing support. The Home Office’s own report stated that 39% of migrants from whom support was withdrawn absconded, compared with 21% of those who remained supported. Only one family was successfully removed, compared with nine in the control group, and there was no significant increase in voluntary returns. Section 9 almost doubled the rate of absconding, greatly decreased the chances of successful removal and had no impact whatever on families choosing to leave the UK. How can that possibly achieve the Government’s objectives?
We are facing, then, changes that will place families in poverty, cost local authorities and have a disproportionate impact on poor areas. The changes will make it more difficult to remove failed asylum seekers and will do nothing to encourage them to return of their own accord. The Government should reconsider this ill thought out step and support amendment 226.
In the Bill the Government have sought to withdraw the pitifully low level of support currently provided to asylum seekers. The question of if and when the support should be withdrawn has been widely discussed in Committee. Amendment 227 would instead address the support itself, to ensure that it provides the most basic needs for asylum seekers. As currently calculated, section 95 support unquestionably does not do so. Over recent years, Government cuts and a four-year freeze in the rate of the support have seen its value fall well below the level of 75% of income support at which it was originally set. That level in itself was determined as the absolute bare minimum necessary to stave off poverty.
Section 95 support is currently £36.95 a week, or a little over £5 a day. With that money, asylum seekers must pay for food, clothing, toiletries, transport and all necessities. Asylum seekers’ situation is made even more precarious by the fact that they often arrive in Britain with nothing at all and in many cases are already malnourished and in poor health.
Repeated studies have found that section 95 support fails to meet basic needs. Research in 2013 by Refugee Action found that 70% of those surveyed were unable to buy either enough food to feed themselves, or fresh fruit and vegetables, or food that met their religious or cultural needs. Similarly, all respondents to a research survey by Freedom from Torture stated that their income was insufficient to meet their basic needs. Both surveys indicated that asylum seekers usually had to sacrifice one essential need to meet another.
A 2013 cross-party inquiry found that support was not meeting children’s basic needs. Children seeking refugee protection are some of the hardest hit by the lowest levels of support. Children under 19 recently saw their weekly payment under section 95 slashed from £52.96 a week to £36.95. That will leave a single parent with one child struggling to survive on an amount that is less than 50% of income support, despite the fact that children require extra support, especially to fully meet their social, educational and health needs. Even prior to the cuts, all lone parent respondents to Refugee Action’s research survey reported that they could not buy items for their children’s education and wellbeing, such as toys, books or stationery. No children should be forced to live in poverty as a result of Government policy, especially not those seeking protection from persecution.
One of the stated justifications for keeping asylum support rates low was that both section 95 support and section 4 support were only temporary. However, in the second quarter of this year, roughly 60% of the 29,586 pending asylum cases had either been waiting over six months for an initial decision or were awaiting further review. The Home Affairs Committee has already raised concerns about the impact of living off asylum support for extended periods of time.
In complying with a 2014 High Court judgment, the Government calculated the level of support necessary to meet asylum seekers’ most basic needs, based upon expenditure data from the Office for National Statistics for the lowest 10% income group in the UK. However, the Home Office saw fit to revise those figures downwards. In doing so, it introduced a subjective element to the calculation and ensured that support levels are vulnerable to political or budgetary pressures. Amendment 227 would introduce a level of support based on ONS data for the current financial year and ensure that it was adjusted according to the consumer prices index each year. Without those adjustments, support will continue to be eroded and asylum seekers will be pushed deeper into poverty.
Uprating asylum support levels would ensure that those seeking protection were able to meet their most basic needs. The level proposed in amendment 227 can hardly be described as profligate, amounting to only the absolute minimum necessary to stave off poverty. It is vital that we act now to address what amounts to state-enforced poverty. Failure to do so will inevitably lead to more and more vulnerable people being driven into increasingly desperate circumstances.
James Brokenshire
I think the hon. Lady is confusing certain issues. As I have already indicated, certain obligations exist under schedule 3 and also under section 17 of the Children Act 1989. We are discussing in detail with local authorities the interrelationship between such backstop support powers and how the different regimes fit together. That needs to be done in the joined-up fashion of understanding that if families are here unlawfully, they could and should leave and there needs to be encouragement through the returns process to ensure that they do. It is in that considered way that we propose the provisions, although hon. Members may disagree with our approach. That is, however, the stance that we seek to take, given the factors I identified and the interrelationship with local authorities I indicated.
Let me turn to amendment 227, which seeks to set the level of the cash allowances given to asylum seekers at 60% of the income support rate for people aged over 25. That would raise the amount provided from £36.95 to £43.86 a week.
The cash allowance is only one element of the support package provided to ensure that asylum seekers are not left destitute. That package needs to be seen as a whole. Accommodation is provided free and comes fully furnished and equipped with bed linen, towels and kitchen utensils. Utilities such as gas, electricity and water are also provided free. Recipients receive free healthcare and schooling for their children. The cost of travel to appointments to pursue an asylum claim—to attend asylum interviews, appeal hearings and meet legal advisers, for example—is also provided separately.
Keir Starmer
Will the Minister confirm to members of the Committee who seek comfort from the fact that we have just discussed provisions that apply to asylum seekers who have exhausted their process, that we are now discussing something that applies to all asylum seekers, including, for example, a Syrian who has got to this country in the last few months by whatever means? I take into account what he said about accommodation, but in relation to the comments of the hon. Member for Glasgow North East, the rates in the package are £1.23 a week for toiletries and 69p for healthcare. Given the particular examples that she gave, which made people feel uncomfortable, perhaps Members would like to go to Boots this afternoon and see what they could get for that.
James Brokenshire
The hon. and learned Gentleman wrapped up two points. He said that the package would apply to Syrians applying for resettlement here, but that is a separate regime. [Interruption.] He used the pejorative term of Syrians, so it is important to understand the support provided through resettlement when refugee status is accepted, because then there would be entitlement to mainstream benefits. We are talking about the mechanism for those of all nationalities who have claimed asylum in the country but whose claims have not yet been determined.
Keir Starmer
The Minister will know that I deliberately did not give that example. I said a Syrian who had arrived in this country from Europe or somewhere—not on the package. Any Syrian who is now in Europe and arrives in this country not under the resettlement regime will come on to this regime. That is the example I was giving.
James Brokenshire
I am grateful to the hon. and learned Gentleman for that clarification, because he had not given that clarity initially and it is important to understand the different regimes that operate for those with refugee status and for someone who has come here and claimed asylum. It is helpful that he explained his intent. That is why I said what I did about how asylum support rates are intended to operate for all nationalities of people claiming asylum in this country.
I come on to the second point about the amount of cash, having already indicated to the Committee all the other support mechanisms provided to those seeking asylum fairly and appropriately. The cash amount is provided with reference to a specific legal test set out in section 95 of the Immigration and Asylum Act 1999. The allowance is there to cover what is described as “essential living needs”.
The Home Office reviews the level of the cash allowance each year but the way that review is conducted changed in 2014. Following a judicial review, the Home Office put in place a new assessment methodology designed to give full effect to the findings of and the valuable guidance given by the court. It is important to understand how the rates are set in the context of what the court said and the guidance that it provided. First, a careful assessment is made to identify all needs that are essential and not covered through some other part of the package.
The needs identified in this way are: sufficient food to eat healthily, adequate clothing, provision to cover toiletries, household cleaning items and non-prescription medicines, sufficient provision for travel and communications for everyday purposes and to maintain interpersonal relationships and a minimum level of participation in social, cultural and interpersonal relationships. That is a term of art and an essential need identified by the court. Having identified all these particular needs, an assessment is made of how much money is required to meet each of them. This is done through a mixture of market research into the cost of the particular items and analysis of Office for National Statistics data about expenditure on the items by people in the lowest 10% income group of the UK population. This approach resulted in the allowance for a single asylum seeker being set at £36.62 per week in 2014, rising to £36.95 per week from April 2015. In 2015 we also decided that providing £36.95 for every person in the household—in other words for the asylum seeker and each dependant—would be sufficient to cover the essential living needs of all family groups. This is because of the economies of scale available to large households and is an approach taken by other European countries as well.
I recognise that many organisations representing asylum seekers and children disagree with the changes, but none of these groups has provided detailed evidence to show that the findings of the review are wrong.
James Brokenshire
The hon. Gentleman was seeking to impute that there was a preordained mindset to adjust everything down. I have already given him an example where there has been an adjustment up. It is that fair assessment, subject to reasonable adjustment, based on the twin tests of ONS data and market research data on costs, which produces the figure. I say to him again that concerns have been expressed by various groups representing asylum seekers and children, but none has provided detailed evidence to show that the findings of the review are wrong. We will continue to assess, we will hold a further review of the allowance levels for 2016 and we would welcome detailed evidence and submissions about the level of the allowance. That is the right forum to address any perception that the allowances are not adequate.
We also do not consider that seeking to apply this to a level under income support is appropriate. It is not referencing the essential living needs test. This was debated by the other place on 27 October, when a motion to annul the regulations that implemented the findings of the most recent review was rejected. I recognise that there are differences of view on this but, on this detailed analysis, on some of these specific items, I would welcome further submissions to show whether the evidence that has been presented to us needs further reflection. Obviously we would consider that in setting the levels for 2016, but I urge that the amendment be withdrawn.
Keir Starmer
The two amendments go to the heart of one of the most important provisions. On the withdrawal of support from certain categories, I will not rehearse the powerful argument showing that all the evidence says that this will not achieve the desired objective and in all likelihood will push people into destitution and exploitation. That is why it is such a fundamental issue.
A lot has been said already about the daily rates. It is true that the food and non-alcoholic drink rate is up from the ONS data to £24.96. That is just over £3.50 per day for the very many weeks and months that it takes for a decision to be made about someone who is seeking asylum and may have come from any number of countries, fleeing persecution. All the other rates that have been adjusted, have been adjusted down.
Keir Starmer
All the others that have been adjusted have been adjusted down. Some have not been adjusted. I will happily take an intervention if I am wrong about that. Clothing and footwear has gone down from £4.62 to £2.51, and travel from £3.62 to £3. That is 45p or so a day for travel. I do not know in which city people are expected to live for these weeks or months, but travelling for 45p a day is not an easy task. There are not many bus fares that can be bought for that even in one direction. On those adjustments down, the question that my hon. Friend the Member for Sheffield Central put was not whether this was a preordained decision but whether that downward trend could be justified. That question was not answered.
The amendments go to the heart of this part of the Bill and I will press them to a vote.
Question put, That the amendment be made.
Keir Starmer
I beg to move amendment 228, in schedule 6, page 100, line 16, at end insert—
‘(43A) The Immigration Act 1971 is amended as follows.
(43B) After section 3(9) (general provisions for regulation and control) insert—
“(10) In making rules under subsection (2), the Secretary of State must have regard to the following.
(11) Rules must provide for persons seeking asylum, within the meaning of the rules, to apply to the Secretary of State for permission to take up employment and that permission must be granted if—
(a) a decision has not been taken on the applicant’s asylum application within six months of the date on which it was recorded, or
(b) an individual makes further submissions which raise asylum grounds and a decision on that fresh claim or to refuse to treat such further submissions as a fresh claim has not been taken within six months of the date on which they were recorded.
(12) Permission for a person seeking asylum to take up employment shall be on terms no less favourable than those upon which permission is granted to a person recognised as a refugee to take up employment.””
This proposed amendment would provide for asylum seekers to be able to work if their claim is not determined within the Home Office target time of six months.
The amendment follows amendment 227 in that it would provide for asylum seekers to be able to work if their claim was not determined within the Home Office target time of six months. One of the injustices here is that those who have to exist on the low rates that the Committee has just discussed must do so under a system that prohibits them from working.
More than 3,600 asylum seekers currently wait more than six months for an initial decision on their cases. They are the individuals surviving on just over £5 a day, as we have just discussed. As things stand, they can apply for permission to work only if they have been waiting for more than a year for an initial decision. If that permission is granted, they are allowed to seek employment only in an occupation listed on the shortage occupation list.
This system has changed over the years as a result of a number of challenges and different policy decisions. The evidence that not allowing people to work deters them from coming to the UK is extremely hard to maintain when the position in other EU countries is taken into account. Some 11 EU countries grant permission to work after six months or less, if a decision has not been made on the asylum application. All those countries have had policies in place for many years. The recast EU reception conditions directive reduces the period an asylum seeker can be excluded from the labour market in an initial decision to nine months. Some 27 EU states have more generous policies than the UK as a combined result of those provisions.
This simple amendment would put people who have had to wait more than six months for their decision in a position where they can work, which is what many of them want to do. The net result for the taxpayer is likely to be a saving rather than a cost.
Sarah Champion
I would like to build on my hon. and learned Friend’s well made argument. I thank the Regional Asylum Activism Project for Yorkshire and Humberside for their help.
Despite often arriving in the UK with a host of skills and experiences gained in their country of origin, hardly any asylum seekers are allowed to work while their claim is being assessed by the Home Office. Only asylum seekers who have waited over 12 months for an initial decision on their case are eligible to apply for permission to work, but even those granted permission to work are not allowed to work in a self-employed capacity, set up a business, or take up a job that is not included on the highly specialised shortage occupation list. The current restrictions on accessing employment for people seeking refugee protection stops many highly skilled, experienced and educated individuals from contributing to the UK’s economy and society. For example, refugees started Marks & Spencer and brought us fish and chips and the Mini. People seeking refugee protection today will include, among many others, entrepreneurs, doctors, nurses, engineers, teachers, scientists and solicitors. Fundamentally, allowing asylum seekers to work will make economic, social and political sense.
First, on economics, if asylum seekers were granted permission to work, they would be able to contribute to the UK economy immediately through income tax, adding directly to the UK’s coffers. Equally, amounts spent on asylum support would decline, resulting in a net benefit to the economy. That has been recognised by the European Commission, which states:
“Mandatory unemployment… imposes costs on the State through the payment of additional social welfare payments.”
Government research has also recognised that delayed entry to the labour market, loss of skills and confidence, and difficulty getting qualifications recognised in this country can cause problems even when status is granted, leading to high levels of unemployment and underemployment. Allowing people to work while waiting for their asylum claim decision will not only allow them to start rebuilding their lives free from persecution, but allow them to start the journey towards meaningful employment as soon as possible.
Secondly, the indirect costs of enforced poverty are significant. Without the right to work, people in the asylum system are forced to rely on Government support to survive, but with asylum support rates set at £5.28 a day—barely 50% of the income support equivalent—many in the asylum system are forced into institutionalised poverty. As I and other hon. Members have said, extended periods living in poverty have huge impacts on physical and mental health and self-esteem. For some, a reliance on Government support is considered shameful, as they are unable to support themselves and their families; that concern has been raised by the cross-party parliamentary inquiry into asylum support for children and young people. Research from the University of Leeds and the University of Salford found that the experience of poverty was a key factor in pushing many individuals in the asylum process into exploitative and precarious working conditions. I suggest that providing those in the asylum process with the legal permission to work is in line with the Government’s commitment to ending modern day slavery.
Thirdly, the rationale for the current policy does not hold up. The reasons for restricting permission to work for asylum seekers hinge on the idea that it will act as pull factor, but it is important to remember the conclusions of research the Home Office commissioned in 2002:
“There was very little evidence that the sample respondents had a detailed knowledge of: UK immigration or asylum procedures; entitlements to benefits in the UK; or the availability of work in the UK.”
That was confirmed by a review of the 19 main recipient countries for asylum applications in the OECD in 2011, which concluded that policies that relate to the welfare of asylum seekers did not impact on the number of applications made in destination countries. All but one of the countries that granted permission to work to people seeking asylum received fewer asylum applications than the UK in 2012 and 2013.
A change of policy to allow asylum seekers the permission to work is long overdue. In 2007, the Joint Committee on Human Rights described the denial of the right to work for asylum seekers as part of a “deliberate policy of destitution”, which was breaching human rights. In 2013, the cross-party parliamentary inquiry into asylum support for children and young people called for parents and young people to be given permission to work while their claims were being decided. Thirteen local authorities have passed motions condemning the destitution of people seeking asylum. To date, 71 current Members of this House, of all political persuasions, have signed Still Human Still Here’s declaration on permission to work. They join the Trades Union Congress and a broad coalition of organisations, from Refugee Council to Crisis, Doctors of the World to The Children’s Society, in their call for people seeking refugee protection to be allowed to live in dignity, not destitution.
Allowing asylum seekers permission to work will enable many to support themselves through the asylum process. We should grant permission to work to all asylum seekers if they have been waiting more than six months for an initial decision, up until their protection needs are recognised or a safe route back to their country of origin has been negotiated. For this reason, I urge the Minister to support the amendment.
James Brokenshire
I can tell the hon. Lady that 85% of cases are straightforward and we have a service standard of dealing with those within six months. We dealt with a big backlog earlier this year—that is why I make the point about the effort that has gone in. Many people in the asylum processing system will say that asylum processing is probably in as good a place now as it has been in for many years, but of course I look for further improvements; we do not sit back. Equally, it depends on some of the pressures in terms of changes or increases in the numbers of those who are claiming asylum. We are very vigilant in monitoring how we are dealing with this. I can say to the hon. Lady that 85% of cases are straightforward and that our service standard is to deal with those within six months. Obviously, it is difficult to know what proportion of the people in her constituency may be in the situation she describes; it is difficult to draw that parallel. However, I hope that it is helpful at least to set out the approach that we are taking and that balance in terms of how asylum claims are dealt with.
We judge that the current policy strikes the right balance. Asylum seekers are provided with support and accommodation, but if their asylum claims are undetermined for 12 months for reasons outside their control, they can apply for permission to work. We believe that that is a fair and reasonable policy that we should keep. For the reasons that I have outlined, we ask that the amendment be withdrawn.
Keir Starmer
The Minister puts forward a number of good reasons for the decisions to be made within six months and prays in aid the service standard, which is to be supported, but the real question is: how many cases are actually decided within the service standard? We all have examples of where they are not. We know that the number is roughly 3,600. I am sure that the Minister did not welcome the ombudsman’s report published this morning, or at least reported on this morning, about the very high level of complaints upheld by the ombudsman, particularly in relation to immigration decision making. That does not mean that things are not moving in the right direction, but it does mean that very many cases are not decided within the six-month period.
James Brokenshire
The point that I was making about the service standard for dealing with the 85% of cases that are straightforward was that that has been met. I do not know whether that is helpful to the hon. and learned Gentleman in relation to his point.
Keir Starmer
I am grateful to the Minister for that, but it still leaves outstanding the 3,600 cases in which people have not had their decision made within the six-month period. The Minister says that there is a concern that if there is a change in the current regime to a six-month regime, that may lead to adverse consequences, but as I understand it, that is simply unevidenced. Whatever research has been carried out in this area, it is unevidenced. It is a fear, but it is an unevidenced fear. The reason why I cited the EU provisions was not so much to argue that we should necessarily align ourselves with the EU position and should not take our own position as it was to say that it is much more difficult to make the argument that a six-month regime would operate as a pull factor if other countries are operating that regime at the moment.
James Brokenshire
Will the hon. and learned Gentleman accept that the evidence that has been cited is from prior to the current migration crisis and that many EU countries are reflecting on their support and other mechanisms for providing asylum, precisely because of a number of these factors?
Keir Starmer
I do accept that, although I think that anyone in this Committee would be hard-pressed to say that the migration crisis of this summer was linked in any way, shape or form to whether someone could work after six months or after 12 months.
James Brokenshire
The reason why I intervened on the hon. and learned Gentleman was that his hon. Friend the Member for Rotherham, I think, had alluded to the timing of the reports. The point that I was trying to get across—I will make it briefly in this intervention—was that, sadly, we do see people traffickers, through social media and other means, seeking to set out the position of certain member states and what people are entitled to and, in a very deliberate way, encouraging people to try to come to other European countries.
Keir Starmer
The Minister was intervening on me. I take that intervention; I have no quarrel with it in any way, shape or form. This is an important point, because there is a real fairness and justice in allowing people to work if they want to work, rather than surviving on £5 a day. Most people would agree on that. The concern expressed by the Minister is that if the period is too short, it can have adverse consequences, which is a serious point that needs to be debated.
Paul Blomfield
My hon. and learned Friend will note the enthusiasm with which the Minister is intervening on him. Does he share my hope that the Minister might intervene to provide some more evidence regarding the pull factor? In his earlier comments, the Minister said he would outline exactly why the Government thought that was not the case, but he has conspicuously failed to do so. Now would be a good opportunity for him to do that.
Keir Starmer
In fairness, knowing the Minister, I think that if there was a sound evidence base, he would have referred to it already and the fact that he has not speaks volumes. There has obviously been a discussion about the migration crisis this summer and the impact—
The Chair
Order. I am sorry to interrupt, but I thought it might be useful to the Committee—I did say this right at the beginning—and particularly for new Members to say that Members are not restricted to one speech. As this debate has developed, if more Members want to catch my eye, that is quite appropriate.
Keir Starmer
Thank you, Mr Bone.
Clearly, as a result of what has happened this summer, there will be discussions about all aspects of the framework across the EU in relation to migration, but at this point, I was only praying in aid the EU provisions to counter any suggestion that the change proposed in the amendment would act as a pull factor when so many other countries in Europe have operated a different system for some time. In the crisis this summer, although there may be individual examples of traffickers exploiting pretty well every provision that they are capable of exploiting, I would have thought that the vast majority of cases had absolutely nothing to do with whether people can work after six or 12 months.
The Chair
I am not entirely sure whether the shadow Minister is pressing the amendment to a Division.
Keir Starmer
I do apologise, Mr Bone. That is because I did not say one way or another, but I will press the amendment. I am grateful for the steer.
James Brokenshire
Amendments 105 to 112 are technical corrections to the drafting of the Bill. I will provide a brief explanation.
The lead amendment makes minor drafting changes by omitting the unnecessary alterations to the conjunctions in section 25B(3) of the Immigration Act 1971. Amendment 106 makes a minor amendment to correct the reference to which paragraph requires amending. Amendment 107 ensures that immigration officers must seek authorisation from the Secretary of State before exercising the maritime powers in relation to a foreign ship, or a ship registered under the law of a relevant territory, within UK territorial waters adjacent to Northern Ireland. That aligns the provision with the equivalent provisions applicable to UK territorial waters adjacent to England, Wales and Scotland. Amendment 108 removes the superfluous definition of “home state” and has no substantive effect. Amendments 109, 110, 111 and 112 are all minor drafting changes to ensure consistency of language throughout the schedule.
Amendment 105 agreed to.
Amendments made: 106, in schedule 8, page 108, line 9, leave out “28A” and insert “28A(3)”.
This minor amendment substitutes “28A” for “28A(3)” to correct the reference to which paragraph requires amending.
Amendment 107, in schedule 8, page 109, line 26, after “before” insert “an immigration officer,”.—(James Brokenshire.)
This amendment ensures that immigration officers must seek authorisation from the Secretary of State prior to exercising the maritime powers in relation to a foreign ship or a ship registered under the law of a relevant territory, within UK territorial waters adjacent to Northern Ireland. This aligns the provision with the equivalent provisions applicable to UK territorial waters adjacent to England, Wales and Scotland.
Keir Starmer
I beg to move amendment 229, page 109, line 35, in schedule 8, at beginning insert—
‘( ) Hot pursuit can only be commenced when a ship is in United Kingdom waters.”
Probing amendment to provide the Minister with an opportunity to confirm that hot pursuit will only start when the ship is in territorial waters, as required by Article 111 of the UN Convention on the Law of the Sea.
The amendment is a probing one and, following our debate, we might not have to press it to a Division. There are provisions on hot pursuit in article 111 of the UN convention on the law of the sea. We tabled the amendment to seek assurance that the schedule, which is on maritime enforcement, is aligned with that international obligation, providing the Minister with the opportunity to confirm that hot pursuit will start only when a ship is in UK territorial waters. If that is the case, the provisions in the schedule will align with article 111 of the UN convention and the amendment is unnecessary.
James Brokenshire
The right of hot pursuit from territorial waters into international waters has long formed part of UK common law and reflects the provisions in article 111 of the UN convention. The Bill preserves the common law position by virtue of new section 28P(10) of the Immigration Act 1971, inserted by schedule 8. I can therefore confirm that under the maritime powers in the Bill, hot pursuit will commence only when a ship is in territorial or internal waters, as permitted by article 111 of the UN convention. In the light of that assurance, I hope the hon. and learned Gentleman is minded to withdraw the amendment.
Keir Starmer
I am, and beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Amendment made: 108, in schedule 8, page 111, leave out lines 21 to 24.—(James Brokenshire.)
This amendment removes the superfluous definition of “home state” and has no substantive effect.
Keir Starmer
I beg to move amendment 236, in schedule 8, page 113, line 29, at end insert—
“(3A) If in the course of questioning or otherwise a person expresses to or in the presence of an immigration officer, a fear of return that may be a claim for asylum then the person shall be taken to the UK for that case to be considered.”
Probing amendment to seek assurances the powers granted in the Bill will not be used to push back asylum seekers at sea.
The Chair
With this it will be convenient to discuss the following:
Amendment 237, in schedule 8, page 118, line 7, at end insert—
“(3A) If in the course of questioning or otherwise a person expresses to or in the presence of an immigration officer, a fear of return that may be a claim for asylum then the person shall be taken to the UK for that case to be considered.”
See explanatory note for Amendment 236.
Amendment 238, in schedule 8, page 122, line 29, at end insert—
“(3A) If in the course of questioning or otherwise a person expresses to or in the presence of an immigration officer, a fear of return that may be a claim for asylum then the person shall be taken to the UK for that case to be considered.”
See explanatory note for Amendment 236.
Keir Starmer
I will deal with the amendments in the group together, as amendments 237 and 238 would simply apply the provisions of amendment 236 to Scotland and to Northern Ireland. Again, it may be that the Minister’s remarks mean that there is no need to press the amendment.
Our concern is that the powers in the schedule for immigration officers to detain or search those found on boats in UK territorial waters should not be used to push back asylum seekers arriving by boat. As things stand, claims for asylum can be made in UK territorial waters, and if made are dealt with in accordance with the appropriate procedures. There is a wealth of support for that remaining the position. The amendment is probing, and if the Committee is given an assurance on the issue I have raised, I may not need to cite that great wealth of support.
James Brokenshire
I will give a brief response to the hon. and learned Gentleman’s probing amendment. The powers in the Bill do not permit officers to turn vessels back. Under the power, vessels may be diverted only to a port in the UK. Upon arrival in the UK an individual wishing to claim asylum may do so and will be processed in the ordinary way. As is the case for all persons arriving in the UK, they will be subject to an immigration examination under the Immigration Act once they have arrived on land, and may also be detained under relevant provisions pending an immigration decision. If they are assessed as being an illegal entrant or attempted illegal entrant, they will be processed under paragraph 9 of schedule 2 to the 1971 Act, and removed accordingly.
Keir Starmer
I am grateful to the Minister for that assurance. What he has just said will appear on the record of the proceedings in Committee. In those circumstances, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.