Refugee Family Reunion Rules

Debate between Keir Starmer and Keith Vaz

Thursday 9th June 2016 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Bone. I, too, congratulate the right hon. Member for Orkney and Shetland (Mr Carmichael) on securing the debate and on the tone of his contribution. The reference to his family was a powerful way of driving home the point about the cut-off point at age 18. We often say in the House that there is a refugee crisis on a scale not seen since the second world war—and that is right: we have seen the numbers from last year and this year. However, we have a tendency—into which I myself fall—to talk in terms of numbers. Bringing some humanity to the topic is important, and that is what happened when the right hon. Gentleman spoke.

We must remember that refugees are mums, dads, children, brothers, sisters and grandparents, and are all fleeing from persecution over borders in the best way they can in the circumstances. We do not often refer to them, first and foremost, as families, but they are families who are often disintegrated and split because of the circumstances in which they have to leave a particular country or situation. We must always remember that, as it reminds us why we must always distinguish between refugees and others who move—immigrants in the broader sense of the word. We must recognise that it is a different context and set of circumstances, and that different rules ought to apply. One problem is rules that are intended to apply to immigration broadly being applied to the sub-group of refugees.

We must always remember that refugees come from many countries across the world, not just Syria. We often refer to the situation in Syria because it is so terrible, but there are other countries in which there are terrible situations and from which refugees are on the move. One of my concerns, which I have raised with the Minister and in the House a number of times, is about the potential in this country for a debate to emerge that takes a two-tier approach to refugees, with Syrians being seen in one context and other refugees in another. We must keep reminding ourselves to bear in mind not just Syria, but the very many other places from which people are fleeing.

Reunification is a particularly good example of rules intended to apply across the board not working well in relation to refugees. That is why I welcome this debate, the campaign being run by the British Red Cross, and the work of UNICEF and the Refugee Council on unaccompanied children and reunification in particular. I echo the comments of other hon. Members: we need to remember that reunification is important because families want to reunify. We live as families and when we are split and have to cross borders, we want to reunify as families. The family unit is a powerful human need. In this context, by having more flexible, wider rules on family reunification, we limit, at least to some extent, the extent to which people make dangerous journeys that they would not otherwise have to make, because they would have a safe and legal route for getting from where they are to where they need to be to reunify with their families. We must bear both those points in mind.

The reunification rules, like many aspects of the refugee framework, are under strain given the events of the last year or two. However, it is time to look again at the reunification rules in the round. I saw for myself the situation in Calais and Dunkirk earlier this year, where it was evident that there were unaccompanied children. When I went to Calais in January, there were about 130 or so unaccompanied children, but at least they had been counted and identified to the best ability of those who were there.

When I was in Dunkirk—things have changed since I was there—nobody was in a position even to identify and count the number of unidentified children there. That demonstrated the mismatch between the approach we have to children in this country and the approach that was applied in Calais and Dunkirk. When I visited, I went on the Eurostar from London and the journey took one hour. It was extraordinary that there should be a place such as Calais or Dunkirk where there were unaccompanied children who were not being assisted in the way that I would hope they would be if they were in the UK.

In the UK, we have recognised for many years that if children are to exercise their rights to reunification—or, indeed, any rights—somebody has to assist them to do so. It is simply not good enough to say to a child, “There is a mechanism. Why don’t you access it?” There has to be somebody to assist in that process.

[Keith Vaz (Leicester East) (Lab)]

I am sorry to have missed the opening remarks of the right hon. Member for Orkney and Shetland (Mr Carmichael). My hon. and learned Friend will know from his visit to Calais of the concern about the 157 unaccompanied children, all of whom appear to have links with families in this country.

In the Bishop of Durham’s evidence to the Select Committee on Home Affairs on Tuesday, he said in answer to a question I put that he believed that the children should already be here. Does my hon. and learned Friend agree that where links can be demonstrated and have been established—not as a matter of rule, otherwise it will encourage more people just to send their children—the children ought to be allowed to join their families here?

[Keir Starmer]

Yes, they should be allowed to join their families here. The rules provide for that and they need to be effectively applied. That means somebody assisting in the process on the ground. I was particularly struck at Dunkirk that there were simply no officials at all in the camp when I was there. The only officials were gendarmes on the gate, whose sole function was to stop people bringing pallets on to the site, which they wanted because the ground was so wet that they simply needed to get the tents off the ground. That was the only official presence in Dunkirk.

It is not just about the right to reunification; it is about that being within a reasonable timeframe. Months go by and that is a long time for a child. Those children are on their own and they are particularly vulnerable. We have had debates about the number of children missing in Europe; some months ago, Europol put out a figure of 10,000. Time is measured differently by children, as we all know, and those children are not only young, but vulnerable. They should not be in parts of Europe or the rest of the world without assistance. This is about the speed of the exercise.

--- Later in debate ---

[Keir Starmer]

That challenge was brought by, among others, lawyers working in Doughty Street Chambers—the chambers that I am still associated with. I think the children arrived in St Pancras, which is in my constituency. That demonstrated how quickly things could happen if a court approved the process. In fairness, it is not for me to tell the Minister what approach the Government should take to the appeal, but clearly speed is of the essence. There have to be practical and effective ways for children and their families to exercise the rights to which they are entitled. It is marked that there are still children relatively near, in parts of northern Europe, who have a right to reunification here but that the process is working far too slowly.

It is often said that when we respond to refugee children on their own, in Europe or elsewhere, there is a risk that if too much is done, it will encourage others to follow their path. I have been very cautious about that argument for two reasons. First, although when we talk about immigration more widely we might have to engage with the pull factor argument, when we talk about refugees we should recognise and focus on the push factors. Refugees are fleeing. Over the years, families have split as they have fled across borders. Secondly, there are children right here, right now who are already on their own in different parts of the world. For my part, and I expect for everyone else, I am not going to say, “We mustn’t extend the support that they need right here, right now lest others follow in their wake.”

[Keith Vaz]

I am most grateful to my hon. and learned Friend for giving way to me a second time. I agree with him, but does he not agree that we need to be careful about messages? The first people who pick up such messages are the people traffickers and the organised criminal gangs, and we simply have not done enough to address those gangs. They are the people who are able to transport individuals, and they are the people who prey on the vulnerable. They never put their lives at risk in the Mediterranean. We and our EU partners, including Frontex, need to do much more to deal with them.

[Keir Starmer]

I heartily agree and endorse every word. Ultimately, the refugee crisis will be addressed effectively only if we start at the very top, which means de-escalating the violence, and then work upstream to stop the work of those who are engaged in trafficking and putting people through the illegal and dangerous routes. I completely agree with that. In a sense, what we are discussing this afternoon is what we do much further down the line, when people and children have arrived in Europe. I am simply cautioning against the argument that has been made in the House when we have debated similar issues—although not in today’s debate—that it would somehow be wrong in principle to provide the support and assistance that is needed in Europe lest other people follow.

The problems highlighted by the British Red Cross’s campaign are real. Where over-18s were living with their family before the family split and fled across the world because of persecution, they are, of course, over the age of 18, but still vulnerable and still wanting to reunify with their family for the reasons powerfully put earlier in the debate. Refugee children not being able to sponsor family members is an issue where there simply is not sufficient flexibility to address the injustices that arise. There is the unresolved question of wider family members beyond mothers, fathers and children, and there is the problem of there having been no legal aid since 2013. As the chair of the all-party parliamentary group on legal aid, I take it particularly seriously that since 2013 it has been difficult to mount effective challenges unless lawyers are prepared to act on a pro bono basis, which is not how we should be proceeding on such issues in this country.

Labour has pressed these issues. Our amendment 122A to the Immigration Bill was defeated in the House of Lords, so there have been efforts, but it is good that we are debating the issue again today—not to resurrect those discussions in the other place, but to step back and ask: is it now time for that wider review? I call on the Government to look at and review the entire framework for family reunification, and I ask the Minister to make a commitment to that effect and to update us on the ongoing review of the Dublin III arrangements.