Immigration Bill

Lord Bishop of Oxford Excerpts

Tuesday 22nd December 2015 Lords Chamber

[Lord Harries of Pentregarth (CB)]

My Lords, there might be aspects of the Bill that are necessary, but, as the Minister indicated at the beginning, there are widespread concerns both in this House and outside it about certain provisions. In particular, I and others are concerned about Clauses 37 and 38, which relate to the safety and well-being of children. As we know, people seeking asylum do not have permission to work in the UK and are therefore forced to rely on support provided by the Home Office. This, as the noble Baroness, Lady Kennedy, said, is pretty minimal. It consists of accommodation given on a no-choice basis and just £5.28 per day to cover food, clothing, toiletries, travel, communication and all other necessities. Since 10 August, children seeking refugee protection have had their financial support cut by 30%. This is simply too low to cover anybody’s basic needs and it forces people seeking asylum to live in poverty and isolation.

Even under the current system, many refused asylum seekers in the UK do not qualify for the limited Home Office support available, or have to wait for long periods in order to access the support. Others are sometimes erroneously denied the support they are entitled to. Meanwhile, they are destitute and are forced to rely on whatever ad hoc support is available to them from charities and faith groups—or they face life on the streets, as the noble Lord, Lord Alton, pointed out. The British Red Cross has supported more than 10,000 asylum seekers and their dependants in this situation in the UK so far this year.

Being refused asylum in the UK does not mean that a person does not need protection. One factor that has been known for a long time is the unreliable decision-making by the authorities, and asylum seekers’ limited access to good legal advice. This means that they can reach the end of the process without their protection needs being fully recognised. A significant number of people whose asylum claims have been refused submit fresh evidence of their need for refugee protection. Roughly 50% of people who apply for asylum eventually get some form of leave to remain in the UK.

As we know, currently families with children who have had their asylum claim refused remain on Section 95 support—if their child was born prior to the final refusal of asylum—until their immigration status is regularised or until they leave the country. This is quite properly in order to safeguard the rights, safety and well-being of the child. However, key provisions of the Bill will remove important safeguards, leaving children and their families vulnerable to homelessness and poverty. These provisions will leave refused asylum-seeking families and their children without access to Section 95 support. They will remove leaving-care support from specific groups of children and prevent local authorities supporting children and families under Section 17 of the Children Act 1989.

As we have known for a long time, there is significant evidence, including from the Home Office, which shows that the measures proposed in the Bill simply will not encourage families to leave the UK. In a pilot of similar measures in 2005, the removal of asylum support for refused families did not result in increased voluntary returns, forced removals or engagement with the authorities. So while they may not meet the narrow criteria for refugee status, many families still hold very real fears for their safety in their country of origin.

Under the proposed legislation, refused asylum-seeking children will no longer be protected under the Children Act 1989. Instead, the Government propose to introduce two new support streams that will create a patchwork of various forms of support, with little clarity as to who will administer them or what they will consist of. Because of its bureaucratic nature, the new system will bring with it a high likelihood of delays that could seriously undermine children’s safety. Indeed, as the death of one mother and child covered by a 2012 serious case review illustrates, delays in support can have disastrous consequences.

As a number of noble Lords mentioned, the removal of a right of appeal against a Home Office decision to refuse or discontinue support to refused asylum seekers who face a genuine obstacle to leaving the UK is something we must look at very carefully and should, in the interests of justice, overturn. This is of particular concern as Home Office decision-making on support applications is poor. Appeals against Home Office refusals of support are often successful. Between 1 September 2014 and 28 February 2015, in over 50% of cases in which the asylum support tribunal made a decision, the case was either allowed or remitted. Currently, the right of appeal offers an essential safety net for refused asylum seekers that should not be removed.

All of us—and, I believe, the majority of people in our society—want to live in a country that treats those who have fled war, torture and persecution with dignity and respect. Therefore, we have to look very carefully and in detail at some of the provisions of the Bill and seek to remove those that prevent destitute, refused asylum-seeking families accessing Section 95 support. We need to remove provisions that prevent local authorities providing leaving-care support under the Children Act 1989 to specific groups of young people. We need also to provide a right of appeal to those who have had their support refused or discontinued because the Home Office believes that there is no barrier to them returning home. We also need to increase the current level of asylum support and ensure that it is adjusted annually in line with inflation. Finally, we should allow asylum seekers to work if an initial decision on their application has not been taken within six months. There is a great deal of work to be done on the Bill.