Immigration Bill

Lord Bishop of Norwich Excerpts

Monday 21st March 2016 Lords Chamber

[Lord Green of Deddington (CB)]

My Lords, the noble Lord, Lord Hylton, has correctly anticipated the thrust of my response to his amendment. There are of course provisions in the Dublin regulations for uniting refugee families and they are being implemented, albeit very cautiously—I accept that—but this amendment throws caution to the wind.

Subsection (1)(a) of the proposed new clause in Amendment 120 provides for almost any relative of a person settled in Britain to be treated as a refugee and admitted to the UK. All he or she would need to do would be to register as a refugee with the UNHCR, so there would be little of the careful investigation of individual circumstances that applies to those who claim asylum in Britain. We would in effect be outsourcing decisions on refugee status as well as risking the development of very large numbers indeed. The second part of the proposed new clause, subsection (1)(b), is not much better. Almost any relative of someone granted refugee status in Britain would automatically be admitted, irrespective apparently of their particular circumstances.

Let us not forget that, in the past 10 years alone, some 87,000 people have been granted asylum or humanitarian protection in Britain. This amendment would throw open the door to literally hundreds of thousands of people, whether or not they themselves were in danger. Let us not forget either the question of cost, which in this context I will raise. The costs are huge. Those granted refugee status are entitled to full access to the benefits system, to the National Health Service and to social housing, where they tend to get priority because their needs are probably greater than those of many of the indigenous population. I find it surprising, actually, that such a proposal should be made when Europe is almost overwhelmed by enormous numbers of refugees and asylum seekers making their way to this continent.

I think that the amendment should be firmly resisted, but Amendment 122A is a much more realistic proposal. The fact that it uses the word “may” rather than “must” is a help, and it sets a number, which is also a help. We have to recognise that whatever limit is set would come under pressure, but it seems to me a viable start, whereas Amendment 120, in my view, is not.

[The Lord Bishop of Norwich]

My Lords, I rise to speak briefly in the absence of the right reverend Prelate the Bishop of Southwark, who is a co-sponsor of Amendment 120. I will not repeat the cogent reasons for the amendment set out so well by the noble Lord, Lord Hylton, but I will offer one observation which I think also applies to the amendment proposed by the noble Lord, Lord Alton.

There is one outstanding reason for these amendments. It is that stable families make stable societies, which in turn make for a more stable world. Do we appear to believe this? A visitor from another planet attempting to understand our Immigration Rules—it would need to be a very intelligent life form to do so—but it would be unlikely to conclude that we did all we could to enable family reunion; quite the reverse. What sort of system permits refugees to be reunited with children aged under 18 with spouses or partners, but children who are recognised as refugees have no similar right to be reunited with their parents? They must rely on discretionary provision, which is frequently not given. Hence a child granted refugee status may have to endure prolonged family separation. The argument for this anomaly, which is the most polite way of referring to it, is that to grant family reunion will feed the practice of people smuggling and may cause hazardous and dangerous journeys to be undertaken. The probability must surely be that illegal means of travel and entry are more likely to be attempted than less.

Reuniting a family creates the sort of economic, social and emotional support that people need. It may well save money from the public purse that would otherwise be expended on dealing with the traumas and mental unhappiness caused by enduring family separation. I believe that the present rules do families no service and do our society no good. I hope that the Minister will look favourably on the spirit of these amendments and upon the value of family life as well.

[Lord Rosser (Lab)]

My Lords, I shall speak to Amendment 122A, since my name is associated with it. Some 2,000 refugees are currently arriving in Greece on barely seaworthy boats every day. According to the UNHCR, the majority are now women and children, fleeing the fighting in Syria and around the Iraqi border. Some 4.8 million Syrians have been displaced since the war began.

The existing rules on family reunion simply were not designed to cope with such a mass and, at times, chaotic exodus of people, which tears families apart and potentially leaves individuals in pretty desperate circumstances. Under the Immigration Rules, people granted refugee status or humanitarian protection in the UK can apply to be joined by family members still living in other countries. However, there are a number of restrictions about which family members qualify for family reunion. For adult refugees in the UK, only partners and dependent children under the age of 18 will usually come under the definition of “family”. As a result, families can be left with the invidious choice of whether to leave some members behind.

Amendment 122A seeks to provide an immediate route to reunite, in a managed and controlled way, those families caught up in the crisis. The Secretary of State would specify the numbers to be resettled through the scheme after full consultation with key stakeholders. The amendment would provide for that in a managed way on the basis of current resettlement programmes. It allows British citizens, as well as recognised refugees in the UK, to be reunited with family members through the programme, but, crucially, any number specified would be in addition to the Government’s existing commitments on resettlement.

The amendment does not distinguish between refugee family members who have made it to Europe and those stuck in the region—people do not cease to be part of a family based on where they are in the world. It would help to prioritise those cases of family members who fall outside the existing rules and find themselves in desperate situations. We believe that Britain can do, and should be doing, more in this unprecedented crisis, which the amendment would enable the Government to do through the Secretary of State. Four thousand Syrian refugees resettled a year—none from within Europe—is certainly a start and I do not wish to stand here and suggest that it is not a real contribution, but one is entitled to ask whether it is enough when that number arrives in Greece over the course of just two days.

We support the amendment and we will vote for it if the mover, having heard the Government’s response, decides to test the opinion of the House.

--- Later in debate ---

It points out that both the UNCHR and the Home Office already have a clearly established definition of unaccompanied asylum-seeking children, which refers to separation from both parents and absence of care by an adult who in law or custom has responsibility to provide such care. Its worry is that the clause could be used to restrict the definition of “unaccompanied”, so that those who arrive in the UK with, say, a trafficker or someone else seeking to exploit them—“accompanied” in a literal sense—might be denied the support offered to unaccompanied children, even though they lack the support and care of a parent or legal guardian. I am sure that that is not the intention, but I would welcome an assurance and an explanation about what the intention is—probably, given the lateness of the hour, in one of the Minister’s famous letters.

[The Lord Bishop of Norwich]

My Lords, the situation of most young adults in this country reveals why this group of amendments is needed. I am glad to add my name to it and pay tribute to the noble Earl for his introduction. In 2015, half of all young people aged 21 in this country and 40% of all 24 year-olds were still living with their parents. As many Members of your Lordships’ House will know from personal experience, even adult children who have left home often return when need arises. Indeed, my own personal experience of adult children is that territorial control of bedrooms continues even when they have got married or have their flats elsewhere—I am thinking of introducing a bedroom tax in Bishop’s House in Norwich.

Children in care are not somehow exempt from the societal pressures of this age. In this regard, the Government recently changed legislation so that all care leavers can stay put in foster placements until they are 21, which is a recognition of a massive shift in our society and is good for their welfare. The current system of leaving care is designed to keep contact with young people, wherever they end up.

Care leavers who have exhausted their appeal rights and find themselves alone in this country face the same difficulties as other children leaving care but additional ones as well: isolation, loneliness and fear are common. They have often suffered abuse, violence and trauma earlier in their lives. Migrant care leavers need help from their corporate parents to gain access to legal advice and representation in relation to their immigration status.

Research for the Children’s Commissioner, published 18 months ago, included interviews with care leavers who had become appeal rights exhausted. They had a pervasive sense of fear, anxiety and depression. Some said that they contemplated suicide. The experience of friends hardened their resolution to remain in the UK. One young person said of this friends that,

“one of them is currently in a detention centre, one was sent back years ago, and one was sent recently, sent back to Afghanistan … but he is in a big trouble. His father is telling him to join the Taliban”.

This amendment is necessary because such young people undoubtedly continue to need support, whether it is to make sure that returning them to their country of origin is truly safe or to work with them in preparing them to return with assistance and proper support, without the need for enforcement. I hope that the Minister will look sympathetically on this group of amendments.

[Baroness Hamwee]

My Lords, I have added my name to these amendments and I was planning to say nothing more than that I agree with everything the three previous speakers have said. However, the point made by the noble Baroness on definition seems to need clarifying. When the Minister has considered that, if there seems to be any doubt that has to be resolved in correspondence, it should be resolved in the Bill at Third Reading. If there is a problem, that is where the resolution needs to be.