All 4 Lord Bishop of Southwark contributions to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020

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Wed 22nd Jul 2020
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2nd reading (Hansard) & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords & 2nd reading
Mon 14th Sep 2020
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Mon 5th Oct 2020
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Mon 9th Nov 2020
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Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

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Immigration and Social Security Co-ordination (EU Withdrawal) Bill

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2nd reading & 2nd reading (Hansard) & 2nd reading (Hansard): House of Lords
Wednesday 22nd July 2020

(4 years, 5 months ago)

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Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, the introduction of this Bill in another place is a signal opportunity for Her Majesty’s Government comprehensively to reset the legislative basis for immigration control in this country, to set out a vision for doing so, and to rationalise and streamline the more than 1,000 pages of immigration legislation under which we labour. It is surprising, therefore, that, as other speakers have pointed out, this Bill is so narrow in scope.

The Government have separately published intentions for their policy on the Immigration Rules which extend neither refuge, welcome nor the means of integration, but instead offer a system that meets the labour demands of business and is therefore entirely different from the Australian points-based system. The Bill is silent on the issue of EU citizens in the UK—another immigration crisis in the making. We now know that the estimate of the numbers of EU citizens here was too low and that the campaign to get them to apply for settled and pre-settled status has been solely in English. The Home Office has cut its funding to NGOs which would help reach those who have not applied, and what about those who think they need not apply, whose English is still poor, or who are children in care in this country?

Following the Government’s recent announcement on their points-based system, I asked the noble Baroness to respond to the concerns around visa routes for ministers of religion and other religious workers, which are particularly exercising for the Roman Catholic Church and black majority churches, where cost is a major factor. Additionally, definitions of “ministers”, “religion” and “religious workers” are leading to confusion. The Church of England would be willing to offer help around definitions, and if the Government would consider the issue of cost, that would be well received by those affected.

There is a strong moral case for the tariff on visas and other fees to be confined to administrative costs. The current system is an unwarranted and burdensome levy on migrants, which is iniquitous. Those who come here to work already pay tax and national insurance to fund our public services. Why must they pay a health surcharge as well? I trust that the waiving of this surcharge during the pandemic is a sign that the Government are having second thoughts on this regrettable manifesto commitment. A migrant applying for indefinite leave to remain in the UK must pay £2,389, whereas the average cost to the Home Office to process such an application is a mere £243.

We should welcome applications to become British citizens and not saddle applicants with debt. Scandalously, the fee for a child is over £1,000, although the High Court found last year that the Home Office had failed to assess the best interests of children in setting this fee. Will the Minister update the House on the implementation of this ruling?

There are two amendments that I would likely be ready and willing to support. Time and again in my diocese, I am told of asylum seekers who are massively disadvantaged by the current ban on paid working. Furthermore, I will support an amendment that sets clear limits on periods of detention. We ignore the relational aspect in the delivery of any public service at our peril. I hope the Government will commit to immigration reform on just principles.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

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Immigration and Social Security Co-ordination (EU Withdrawal) Bill

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Committee stage & Committee: 3rd sitting (Hansard) & Committee: 3rd sitting (Hansard): House of Lords
Monday 14th September 2020

(4 years, 3 months ago)

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Baroness Jolly Portrait Baroness Jolly (LD)
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My Lords, I am happy to support Amendments 54 and 55 in the names of the noble Lords, Lord Rosser and Lord Kennedy of Southwark.

My Amendment 65 is supported by more than 50 not-for-profit and charitable organisations across the UK. Many are household names, with support being led by Camphill Scotland, but the amendment is applicable to a host of other national charities providing services to those with a mental health problem, a learning disability or care needs.

We warmly welcome the Government’s recent announcement that health and social care volunteers from other countries will be exempt from paying the immigration and health surcharge. However, the Government’s Command Paper, focusing on the proposed points-based immigration system, appears to confirm that those wishing to apply to work in the UK as international volunteers, including in health and social care settings, will be liable to pay the international health surcharge. Requiring international volunteers, including those working in health and social care, to pay the health surcharge, is unfair and inequitable, particularly as paid staff from other countries working in health and social care in the UK will be exempt.

This clause is a probing amendment, tabled to seek reassurance from the Government that the recently announced health surcharge exemption for health and social care staff will include international volunteers working in or applying to work in the UK under the current tier 5 visa arrangements. International volunteers from EU and non-EU countries make an enormous contribution to the work of charities, supporting people with learning disabilities and other needs and the work of charities across the UK in health and social care and other settings.

By way of example, there are currently around 215 international volunteers in Camphill communities in Scotland alone, providing services for people with these particular disabilities and other needs. A total of 61 of these volunteers currently rely on a tier 5 visa to do so. These young people have chosen to stay and provide care to UK citizens during the national health emergency. This demonstrates their dedication to, and compassion for, the people whom they support. It would be a terrible blow to the morale of charities across the UK if the Government’s very welcome announcement about the immigration and health surcharge exemption does not extend to international volunteers.

Post Brexit, all international volunteers from EU countries and Switzerland wishing to volunteer in UK charities will require visas, along with international volunteers from other countries outside the EU and Switzerland. Against this background, excluding international volunteers from the immigration health surcharge exemption could deter them from working for charities in the UK in health and social care and in other settings in the future. Post Brexit, all international volunteers from EU countries and Switzerland wishing to volunteer in our charities will require visas, along with international volunteers from other countries outside the EU and Switzerland. Against this background, therefore, excluding international volunteers from the immigration health surcharge exemption could deter volunteers from working in the future. This will impact on the capacity of many charities providing care and support and education to people with learning disabilities and other needs, and also on the capacity of charities across the UK in health and social care in other settings, including youth work and services supporting young people.

Can the Minister tell us whether Scottish, Welsh or English taxpayers will end up having to pay for staff to replace the volunteers who have been caring for many of these individuals? I note the current shortage within the UK of both health and care professionals in England, Scotland, Wales and Northern Ireland. Before the Minister turns this amendment down, I wonder whether he would agree to meet with me and a representative of one of these charities that benefit from volunteer help and are anxious about future funding.

Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, I support Amendment 54 in the names of the noble Lords, Lord Kennedy of Southwark and Lord Rosser. I am persuaded also by Amendments 55 and 65.

Returning to the parable of the good Samaritan, cited earlier by my right reverend friend the Bishop of Durham in relation to another amendment, we find a man who puts aside racial enmity because he is motivated by compassion, while others hurry about their business because to intervene would, at best, complicate their lives and involve their life in the struggling life of another. I had hoped that the pandemic, which continues, and the clarity with which the Prime Minister addressed his own condition and the part played in his recovery by a Portuguese and a New Zealander, might have at last persuaded the Government to review this burden by which we additionally tax migrants beyond what they have already paid.

We are talking about people who pay national insurance and income tax. Yet, for a person from abroad entering employment—for example, in health or social care—with a partner and two children—they must, in addition to extraordinarily high fees for a three-year visa, pay in advance for those years’ surcharge. That is currently £4,800 for four of them. In the projected hike of the surcharge this autumn, this will become £6,564.

How is this affordable? How is this morally justifiable? What country have we become that we think we can burden migrants in this way, yet we expect certain standards of other nations in how they treat people within their borders? I support the amendment.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

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Immigration and Social Security Co-ordination (EU Withdrawal) Bill

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Report: 2nd sitting (Hansard - continued) & Report stage & Report: 2nd sitting (Hansard - continued): House of Lords
Monday 5th October 2020

(4 years, 2 months ago)

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Lord Kerr of Kinlochard Portrait Lord Kerr of Kinlochard (CB) [V]
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It is a pleasure to follow the noble Lord, Lord Dubs, although he is also a bit of a pain because he has made such a powerful case that there is nothing really left to add. My speech should be seen as a footnote to his.

I declare my interest as a trustee of the Refugee Council. I followed the noble Lord there too; for a long time, he was the driving force and inspiration behind the Refugee Council. I want to get my revenge on him for stealing all the arguments that I was going to make by embarrassing him in telling the House that the Refugee Council now meets in its new headquarters in Alf Dubs House in east Stratford. I want to get that on the record just to embarrass the noble Lord.

At the end of the Committee stage, the Minister kindly wrote us a letter to pick up on some of our points. In relation to this issue, the Minister confirmed that it remains the Government’s goal to negotiate new arrangements for family reunion for unaccompanied asylum-seeking children. I should hope so, because we will fall out of the Dublin III regime at the end of the year and new arrangements will be needed if we are to fulfil our responsibility for these vulnerable children, stuck on their own in continental Europe, and unite them with their families here.

As the noble Lord, Lord Dubs, said and as my Refugee Council experience confirms, there is considerable evidence that the country would like to see us do so. Of all the asylum issues on which there is considerable public interest and support, family reunion is the one where public opinion is most strongly in favour of us doing our job.

I have to tell the Minister that her letter reads a little disingenuously. It repeats our government line, which has lost all credibility because there is no relevant ongoing discussion about new arrangements. There is no negotiation on this subject with the EU 27; the issue was not addressed in the first Frost-Barnier negotiations, which led to the withdrawal agreement; and it is not being addressed in the current negotiations, which might lead to a free trade agreement, and it now cannot be—Monsieur Barnier has no mandate to discuss it because our Government failed to include it in the joint political declaration a year ago.

The joint political declaration was, understandably, taken by the EU as the basis for the mandate for the present negotiations. We tore up the political declaration. We decided that on foreign policy, governance and, notoriously, on the level playing field, we no longer meant what we had subscribed to, but the other side took it as defining the negotiation that is now going on. Also, there was nothing about replacing the Dublin regulation in it.

So there can now be no bilateral UK-EU arrangement from January; nor can there be UK bilateral agreements with individual EU member states, because this is a subject on which we and they decided some time ago to empower the Commission to act on our behalf. Therefore, what will be needed is a new free-standing, EU-UK negotiating track. That does not exist now and will have to be established. We could of course have sought to establish it at any time but we did not, presumably because the subject was not particularly high on the list of the Government’s priorities. The amendment would change that, but we too can change it: we can put it on the Government’s priority list, bypassing this amendment, and I very much hope that we will.

Because the Minister would be very disappointed if I did not raise it, I shall say a word about the camp on Greece and the 400 unaccompanied children sleeping rough because the camp burned down. The Government’s line, as set out in the Minister’s letter, is that we are in regular touch with EU member states, including Greece, which are responsible for arranging transfers. That is the standard line, relying on the Dublin regulation, from which we are pulling out, and there is nothing proactive at all. There is nothing about going to find those of the 400 who would like to join their families here. It really is shaming when one thinks of what the Germans are doing, and it really is extraordinary given British public opinion on family reunion.

I strongly support the amendment and I hope that, when she speaks to it, the Minister will at last be able to tell us that we will do something about the unaccompanied children who are vulnerable and sleeping rough on the island of Lesbos.

Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, it had been the intention of the right reverend Prelate the Bishop of Durham to speak to this amendment, tabled in his name as well as that of the noble Lord, Lord Dubs, the noble Baroness, Lady Hamwee, and the noble Lord, Lord Kerr of Kinlochard, and but for the hiatus in the voting technology when the House last considered the Bill on Report, he would have done so. He regrets that he is unable to attend today’s proceedings.

When we previously considered this amendment, in Committee, the right reverend Prelate the Bishop of Durham reminded us of the story of the good Samaritan. It is not just, or principally, a story of instinctiveness goodness, or we would soon tire of hearing of it. It recounts several characters, including a person who needs help, those who do harm and those who have choices about their actions in response—doubtless all individuals who paid their taxes, counted their accomplishments, did well by their families and friends, and obeyed the law. It was the victim’s instinctive enemy who did right by him in showing compassion. Sometimes the choice we all face is whether or not to exercise generosity of heart.

We read in the helpful letter from the Minister of 30 September about the scale of refuge granted to vulnerable children proportionate to the European Union. Such welcome, especially to the most vulnerable, is to be acknowledged, as is the Government’s attempt to reach an agreement with the EU on post-transition arrangements. However, given the sheer scale of raw human need that exists in the area of vulnerable children and family reunification, will the Minister please explain to the House what she believes the disadvantages would be of importing into our domestic law the very wholesome provisions of Regulation (EU) No. 604/2013? The regulation is entirely sensible and reasonable in requiring the Government to consider the best interests of the child.

Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con) [V]
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My Lords, the earlier technical glitch means that we will be pressed for time in this debate. Also, the technical difficulties of the hybrid House, which I fully understand, mean that we cannot indulge in what I think we should be doing, which is having a proper debate. We are making statements in these debates. I understand why and that is what I have been doing in these proceedings, but, because I do not want to delay matters, I want to ask the Minister a question. Are there ongoing discussions, as she said in her letter, or, as the noble Lord, Lord Kerr of Kinlochard, just said, is that not the case? That is really what I want to hear and I shall wait until the end of the debate to do so.

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Lord Randall of Uxbridge Portrait Lord Randall of Uxbridge (Con) [V]
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I support the amendment, which was so well introduced by the noble Lord, Lord Oates, and ably supported by those following him, particularly my noble friend Lord Polak.

I would like to tell the story of somebody who would not be affected by this measure, because she is not an EEA citizen. However, she was a victim of modern slavery and got indefinite leave to remain. She applied for British nationality and sent off her passport. That was two years ago, and the Home Office is still trying to make a decision about her case. I am not sure what the problem is, but she was not told about the need for a biometric card, so she does not have one. She cannot get one at the moment because her passport and all her other details are with the Home Office. Despite her status, she is finding it impossible to get a job because employers want to see that biometric card.

As others have said, we have talked about systems being down and about people not having the technology. The technology could be just an iPhone, but not everybody has a mobile phone—I know that pretty much all of us do but not everybody does. If a number is sent by text to a telephone, there are still far too many places in this country where the signal is not strong enough for the message to come through. As a Member of this House, from time to time when I log in, a number is sent to my phone with which I can verify that I am exactly who I say I am, and I can then get on to the Outlook system. Quite recently, I have been in situations in this country where I cannot do that because the telephone signal is not strong enough. Those are all things that we have to bear in mind.

Of course, the human angle is very important. One thing that has not been mentioned, but which I read about, is that one reason the Government do not want to accede to this modest requirement is that it is not secure. I can understand that there is always concern about counterfeiting and so forth, but there are so many things that we issue with physical proof that it should not be beyond the wit of a Government to produce something that is pretty difficult to counterfeit.

If there are concerns about the cost, although this amendment precludes charging, I suggest that a modest charge of £10 or £20 might go towards that. I think that the people who have contacted us would be happy to pay that sort of amount and maybe even a bit more. However, I cannot for the life of me understand why the Government are being so resolute—I could say “obstinate”—on this point, and I am afraid that I have to say to my noble friends on the Front Bench that if, as I hope, the amendment is taken to a Division, I will support it, and I think that it will pass with a very large majority.

Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, I too wish to speak in favour of the amendment, tabled by the noble Lord, Lord Oates, together with the noble Lords, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride, to whom I express gratitude for their skilful drafting.

I am still asked to provide evidence of my identity by means of a driving licence or a passport, or, upon entering the parliamentary estate, a parliamentary pass. The stated aim of the Government to confer settled and pre-settled status solely by digital means as a prelude to all immigration status being signified in this way is as curious as it is alarming. I say “curious” because it demonstrates a capacity for technological solutions from a department whose record in achieving them is mixed at best, and because it is being delivered to a House unable until today to vote by electronic means on its last slew of amendments. I hope that the Minister will take note of how heavily the Government have been defeated on each and every vote today. They are likely to be defeated again if the amendment comes to a vote, as it is another amendment that is not at all political and commends itself to common sense and human decency.

The Home Office was due to implement an electronic border system by 2011 for monitoring passenger data. This was put back to 2019, and I understand that the contract was terminated at one point. The Minister might advise us on how the system is going.

Last year, the Public Accounts Committee, reporting on matters to do with the Windrush scandal, picked up on its own prior concerns about the handling of electronic data at the department. It further mentioned that the Independent Chief Inspector of Borders and Immigration found that the department had wrongly identified some people as disqualified from having a driving licence or a bank account, but the department rejected the recommendation to cleanse its disqualified persons list of people who should not be on it, which is again curious.

I cannot be the only Member of your Lordships’ House whose email inbox has been inundated with the pleas of EU citizens and their spouses on this amendment—in fact, I know from this debate that I am not. We have to ask why this is the case. Why this particular amendment? As has been noted, Australia took 19 years to migrate one category to a digital status only. What of the inevitable inaccuracies of such a screen? What of when the system goes down, as it most assuredly will? What of those who do not remember the email address with which they registered? What of those, especially the elderly and perhaps more vulnerable, who might have relied on a neighbour or a charity who used an email address unknown to them? Such a person is trusted with a library card but not with something tangible—something that fits into a wallet or purse and identifies them more easily than the frailty of any app is yet able to do. Indeed, it is curious—my favourite word this evening—that we should go out of our way to make the lives of others so difficult. There is simply no need to do this and we should not do it.

In designing a system for administrative convenience rather than accommodating the realities of daily human life, we risk visiting unnecessary and avoidable difficulties on many of our fellow citizens. That is why I support the amendment and hope that the Minister will accept it.

Baroness Ritchie of Downpatrick Portrait Baroness Ritchie of Downpatrick (Non-Afl) [V]
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My Lords, it is a pleasure to follow the right reverend Prelate the Bishop of Southwark. I fully commend and support the amendment for EU settled status, in the names of the noble Lords, Lord Oates, Lord Polak, Lord Kerslake and Lord McNicol of West Kilbride. This is a very moderate amendment, as the noble Lords who spoke before me clearly stated, and it makes a very simple request to which I hope the Minister will be able to accede.

By way of explanation, I will quote from a letter I have received. As noble Lords have stated, we have all received letters and emails from people throughout the UK who are EEA citizens and deeply concerned about this. It states:

“For some reason the Home Office is only giving EU nationals a digital status, which is a source of great anxiety to EU citizens that I know. Given how important it will become to prove your right to reside in the UK after Brexit, it is puzzling why the Home Office is only giving EU nationals a digital status rather than being able to present a plastic residence card with their photo and biometrics in it. They have to request employers and landlords to access a Home Office database by providing a code.”


As we have seen in your Lordships’ House, digitisation can work very well the majority of times, but there are times when it does not work at a satisfactory level. If that happens in this case, with people applying for settled status, it could cause anxiety if they cannot gain access. It will cause them considerable levels of worry. I therefore urge the Minister to give careful consideration to this well thought-out amendment and to remember that such a biometric card should be made available if it is so required.

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Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, I wish to speak in favour of Amendment 20, which the right reverend Prelate the Bishop of Durham—he regrets that he is unable to be with your Lordships today—has put his name to, together with the noble Baroness, Lady Hamwee, who has just spoken, the noble Lord, Lord Kennedy of Southwark, and the noble Baroness, Lady Bull.

The process of detention is an intensely dispiriting one. It is often accompanied by a physical denial of hope and attendant mental distress. We have heard of extensive periods of internment, just as we have heard from the Minister of expeditious dealing with detainees. We have heard, too, from her that detention cannot be indefinite because the Secretary of State’s power is constrained by common law. That is undeniably correct. However, for an individual who is affected by this and who might be unaware of how and when a caseworker will weigh the different elements of Hardial Singh, that is no comfort.

The Government are right in saying that detention is subject to the courts. However, although the application of common law brings many benefits—and there will be those in your Lordships’ House who will think it little enough used—those who are subject to sudden detention are not the sort of people who can summon the resources to apply to a court for redress. That is a key failing of any attempt to justify the present arrangements. The problem with the immigration and asylum system is not, as some allege, overtly complex legal safeguards for unworthy individuals; it is less contentious and more straightforward than that—it is simply that too few individuals have the resources to access the legal help necessary to ensure them fair consideration. The number of cases which the Home Offices loses and which go to tribunal demonstrates the human cost of that. It is an indictment that this inhibits the operation of justice for all.

The Government have had ample opportunity to bring forward their own amendment to put the terms of detention on a statutory footing. In the absence of that, I trust that the House will take the opportunity to give this amendment a generous consideration. I shall vote for it.

Baroness Bull Portrait Baroness Bull (CB)
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My Lords, it is a privilege to speak in support of these amendments, so ably introduced by the noble Baroness, Lady Hamwee, and so well supported, not only across all parts of this House and the other place, but by legal and medical experts, civil society organisations and religious leaders, and by the Home Affairs Select Committee and the Joint Committee on Human Rights.

These amendments respond to the moral imperative to treat people fairly according to principles of non-discrimination. Having a system that departs from the principles of the UK’s criminal justice system, in which judicial oversight is required after days and individuals are released from detention after 96 hours without charge, is antithetical to the principle of the Universal Declaration of Human Rights that:

“All are equal before the law and are entitled without any discrimination to equal protection of the law.”


Setting no time limit on immigration detention impacts on some of the weakest members of society, who already have fewer rights and have likely been under extraordinary physical, mental and economic duress. It effectively pushes people into limbo, taking away their agency and capacity to ensure the well-being of themselves and the people they love.

The negative impact of immigration detention on mental health is well documented in research, with the duration of detention associated with severity of symptoms. A systematic review of the literature found that asylum seekers are likely to have a pre-existing vulnerability to mental health problems, which will be further exacerbated by detention.

As we have heard, the Minister said in Committee that setting a detention time would “encourage and reward abuse” of the immigration system. This proposition tears at the presumption of innocence, replacing it with suspicion and an assumption of guilt. It risks lawmaking being in the service of punishing the many for the crimes of the few. We are not talking here about offenders who should rightly be dealt with by the criminal justice system; we are talking about people who have suffered unimaginable hardships and have come to the UK to escape violence and persecution, in the hope of a better life. Detaining them with no prospect of when they might be released is not the behaviour of a democracy. We are better than this, and it is surely not how we want British citizens to be treated elsewhere.

Immigration and Social Security Co-ordination (EU Withdrawal) Bill Debate

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Immigration and Social Security Co-ordination (EU Withdrawal) Bill

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Baroness Neville-Rolfe Portrait Baroness Neville-Rolfe (Con)
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My Lords, I support the position taken by my noble friend the Minister in her Amendments 4C, 4D and 4E. As noble Lords will know, I am not entirely in favour of the Bill. I do not like the fact that it applies to migrants from the EU only and, with other noble Lords, I sought amendments to the new system. For example, I remain unhappy about permitting those coming to work here to take jobs that have not first been advertised to talent here in the UK. This is perverse and will simply serve to increase unemployment. I am astonished that the trade union interest is so unconcerned about this.

However, the Bill is already overdue and, across the House, we all have an interest in getting it on to the statute book in time for people to understand the new rules when transition ends. I cannot support continued ping-pong and I ask the Opposition proponents of the proposals on unaccompanied children to show more responsibility. If they cannot—I detected a certain softening from the noble Lord, Lord Dubs—I hope that others across the House will do so and that this latest attempt at ping-pong will fail.

The fact is that the Government have made very substantial concessions—further than I would have gone, with experience of these matters from Downing Street in the 1990s. In particular, they have promised a review of legal routes to the UK, including for family reunion of unaccompanied asylum-seeking children, and committed themselves to meeting various parliamentary milestones. They have also promised bilateral negotiations with key countries on post-transition migration issues. That will be especially important in the unlikely event of a full breakdown of the FTA with the EU.

The government package should be accepted now and we should avoid the embarrassment of another round of ping-pong. To inform the review and thinking today, I make the following observations. Although I, too, celebrate the anniversary of Kristallnacht, we are no longer in the 1930s. In the Bill, we are talking about children coming from the EU—all countries that observe decency and freedom and are subject to the EHRC. Moreover, in the UK, despite beating ourselves up on occasions, we have a good record. There are various avenues for entering the UK as a minor. My noble friend the Minister has explained these in detail and why Dublin is not the only route. I will not repeat what she said, but I emphasise that since 2010, we have granted protection or other forms of leave to more than 44,000 children seeking protection. In 2019, we received 3,775 asylum claims from unaccompanied children—more than any other EU member state.

The latest tragedies in the channel do not change any of that. They do, however, underline the view, shared by us all, I think, that we need a system that encourages safe and legal routes and does not encourage child trafficking of any kind. However, we know from Swedish and US experience, which I am happy to share, that special arrangements for admitting unaccompanied minors can, sadly, be counterproductive. Done in the wrong way, they can mean that the criminals have an incentive to separate children from their relatives, and then they can, unfortunately, end up being trafficked for sex or as drug runners. Some have also suggested that where children come on their own—for example to link up with an aunt or a sibling—it often does not work out and they end up in care. Despite the best efforts of many well-run local authorities, this, as we know from a series of appalling metrics and individual cases, is the worst possible place for a good start in life.

A review, as now proposed by the Government, is needed before further changes are made. Moreover, as I argue on everything from pensions and agriculture to coronavirus, a proper costing must be done and resources identified to make any change of policy a success. I say to the noble Lord, Lord Dubs, that a defeat today for the Government on this will not help them with the important negotiation on these and other issues currently taking place with the EU. I thank the Minister for the amendments tabled by the Government and urge noble Lords to let the Bill get on its way to Royal Assent.

Lord Bishop of Southwark Portrait The Lord Bishop of Southwark
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My Lords, I speak in favour of the amendment moved by the noble Lord, Lord Dubs. In doing so, I speak not only on my account but also in place of the right reverend Prelate the Bishop of Durham, who is locked down in the north-east and therefore, because of the procedures for consideration of Commons amendments, is unable to speak on this amendment, although that had been very much his intention.

Family life and kin relationships are vital in many parts of the world to ensure survival. Even in the UK, family means the difference between misery, destitution and poor mental health and a life where, even in the most difficult circumstances, there is practical care, support and love. Thus, I, too, welcome the Government’s steps towards ensuring safe and legal routes, including the commitment in case of a no-deal Brexit, to pursue bilateral negotiations on arrangements for family reunion, which I trust they will seek to ensure are equivalent to the Dublin regulations. I welcome the Minister’s commitments and await with interest her further comments following what the noble Lord, Lord Dubs, just said.

However, a step in the right direction is not the end of the journey. While a review of safe and legal routes is welcome, these steps do not directly deal with what will happen when the UK leaves the Dublin system at the end of the year. Nor does a review safeguard existing routes, which we already know to be worth while and effective. These high standards and guarantees in refugee protection will fall away and the routes will close down.

Throughout the Bible, there is teaching on the necessity for our actions to match well-intended words. Thus, in the Old Testament, the prophet Micah reminds us that we are to act justly, to love mercy and to walk humbly, not just to speak of justice or mercy. I therefore point out that your Lordships are seeking action rather than reviews. We are asking for a concrete commitment to walk down the path of justice and mercy for those seeking refuge, most especially unaccompanied children.

There are many areas of government migration policy on which we already await reviews. In particular, we wait for one on asylum seekers’ right to work and another on the impact of hostile environment measures, to which the Government have already committed as part of their response to Windrush. In neither case is there as yet a clear timetable. A review is not action. A review without a timetable is not a review any time soon. In the meantime, the need is pressing and ongoing. We require action to fill the legislative gap that will otherwise open up in January to the detriment of some very vulnerable individuals.

Securing satisfactory family reunion rights is an important part of a wider picture, ensuring not only safe and legal routes but also an effective, functioning, humane asylum system. The noble Lord, Lord Dubs, recognises this. As he has explained, his amendment seeks to remove a gap in provision. He is an individual of great sensibility and experience in these matters and commands widespread respect across the House. On an issue in which compassion and humanity must be at the forefront of our response, I hope that your Lordships will demonstrate the necessary independence of spirit which these children and their families require of us. I support his amendment.