Immigration Bill

Lord Bishop of Leicester Excerpts

Tuesday 1st April 2014 Lords Chamber

It therefore seems, on the wording here, that despite the relationship—which may be genuine, subsisting and very powerful or compelling—if the child has not been here for a continuous period of seven years, it is simply not a factor that can be taken into account under new Section 117C. Therefore, under new Section 117C(3), the public interest will require deportation. I am troubled whether the facts of individual cases in relation to the child who has been here less than seven years will be capable of being taken into account under these very restrictive and absolute criteria.

[The Lord Bishop of Leicester]

My Lords, I want just to assure your Lordships that as the noble Baroness, Lady Lister, suggested, I support Amendment 21 in spirit. I also support it in practice. It seems that the arguments, from any understanding of child development, are clearly overwhelming. I speak as a former chair of the Children’s Society and as a member of the commission that published the A Good Childhood report on behalf of the Children’s Society some four or five years ago, which was based on the evidence of more than 20,000 children, many of them very young children. They made it very clear, even at the age of five or six, that friendships were an absolutely primary part of their understanding of their well-being. This is documented and spelt out in that report, as indeed it is in many other more academic reports.

I would be happy to support this amendment as it stands or even if it is reduced to fewer years. On the basis of any understanding of child development, the argument for a cut-off period of four years seems overwhelming. I hope the Minister will be able to respond positively to the amendment.

[Baroness Benjamin (LD)]

My Lords, I congratulate the Government on accepting the noble Earl’s amendment, Amendment 58, as it addresses the unfortunate and desperate situation that many young people find themselves in. With regard to the other amendments in the group, let us not forget that childhood lasts a lifetime, and that we need to try to give children a happy early passage in life however, wherever and whenever we can.

I take this opportunity to follow up briefly on a few of the concerns that I raised in Committee about young people who find themselves with non-immigration status. Worryingly, every year more and more are finding themselves in that position. I ask my noble and learned friend the Minister for clarification on two points. First, will he confirm that young people who had irregular status before they reached 18 will fall within the local authority’s duty to “former relevant children” under Section 23C of the Children Act 1989 until their status is regularised? Secondly, do local authority duties regarding homelessness apply to this group and, if they have been living in foster care, does the extension contained in Section 98 of the recent Children and Families Act apply to enable them to remain in the family?