Asylum Seekers: Children

Lord Henley Excerpts

Wednesday 23rd May 2012 Lords Chamber

[Baroness Lister of Burtersett]

To ask Her Majesty’s Government what action they propose, as part of their review of the level of asylum support, to tackle severe poverty experienced by children in asylum-seeking families.

[The Minister of State, Home Office (Lord Henley)]

My Lords, asylum support rates are currently under routine review. Careful consideration is always given to the impact of rates on families with children. Any decision to adjust rates will also reflect the temporary nature of asylum support and the fact that asylum seekers have access to fully equipped accommodation, with utility bills paid. No person who has sought protection in the United Kingdom need be destitute while their application is decided.

[Baroness Lister of Burtersett]

My Lords, the Children’s Society and refugee organisations have reported alarming evidence of growing destitution among asylum-seeking children, young people and families, due in part to levels of financial assistance well below those of income support. Can the Minister explain how this state of affairs is compatible with the Government’s obligations under Article 27 of the UN Convention on the Rights of the Child and Article 11 of the International Covenant on Economic, Social and Cultural Rights, both of which uphold the right to an adequate standard of living?

[Lord Henley]

My Lords, I am aware of the report from the Children’s Society, and my honourable friend Damian Green and officials have met the society to discuss it. The noble Baroness asked for an explanation of the disparity between income support levels and the rates of support that we offer asylum seekers. The simple reason is that asylum seekers get all their accommodation and utility bills paid, and therefore it is not necessary to pay their support at 100%. The noble Baroness will also be aware—I think this is important—of how this disparity occurred. Until 2008 asylum rates were set at 70% of income support, and a decision was then taken by the Government of the time—who, as the noble Baroness will be aware, happened to be a Labour Government—to break that link. Since then, the levels have been set annually each year in accordance with what has been felt to be appropriate.

[Baroness Sherlock]

My Lords, I think that the Minister may have slightly misheard my noble friend Lady Lister. She asked specifically whether the Government can tell us whether they are satisfied that they are meeting their human rights obligations. Perhaps I may ask the Minister a simpler question. Have the Government made any formal assessment of whether the levels of support they supply under Section 55 of the Act meet the requirements of that section? In other words, have they done an assessment and can they be satisfied that children’s health and well-being are being protected?

[Lord Henley]

My Lords, we are obliged to look at those matters each year and we do so. We do not believe that the levels of support should be at 100% of income support because we are paying for other things, such as rent, rates and utility bills, which amount to a very large proportion of what would otherwise be accounted for in income support. We are satisfied that the rates are right and we are continuing to look at them. I repeat that the link in rates, which was originally set at 70% of income support, was broken by the party opposite when it was in government. It can explain that if it wishes.

[The Lord Bishop of St Edmundsbury and Ipswich]

My Lords, many in this House will recall a significant debate about the development of children in their early years. Will part of this review help us to understand whether the rates of support for children in asylum-seeking families mean that they are indeed developing emotionally, socially and physically in a way that will prevent a lot of trouble later in life?

[Lord Henley]

My Lords, we will take all factors into consideration when we review those figures. We will look at them, but I think that I ought to repeat to the right reverend Prelate that obviously we hope that people will be in the position of seeking asylum for a relatively short time before a decision is made. If a decision is then made that they can stay in the country, obviously ordinary rules about benefits will apply. If they are going back to their own country, it will then be a matter for the country they go back to.

[Lord Tomlinson]

The noble Lord has made great play several times of the fact that the previous Government broke the link with 70% but he has not yet told us what the new link is. It is deemed to be appropriate when it is fixed, but can he tell us whether the current link is more than 70% or less than 70%. If it is less, what is it?

[Lord Henley]

My Lords, there was an informal link of 70%, which is what I was referring to. Now if one looks at the different rates of income support, we can see a whole range of different rates, varying from, I am told, something from just below 60% up to 100%. It varies according to the rate of benefit. I am more than happy to write in greater detail if the noble Lord wishes, but it is rather too complicated to give such information at the Dispatch Box in the time that is available to me.

[Baroness Hamwee]

My Lords, it is estimated that 120,000 children are living in the UK without legal immigration status. That estimate was made by the University of Oxford which, in a recent report, also commented that,

“because of contradictory and frequently changing rules and regulations”,

both in immigration and in the allied areas that we have been discussing, access to public service has been hugely jeopardised. These are changes that have happened over the past 20 years or so. Can the Minister comment on how our policies can be better joined up, which is something that has challenged every Government?

[Lord Henley]

My Lords, the Question relates just to those seeking asylum. Obviously there are other means of dealing with those who have failed to get asylum status or for those covered in other ways. For example, Section 4 support is available to those who have failed to get asylum, should they be destitute. Other than that, we look to see whether they have families here who might also be able to support them. However, I think that my noble friend’s question is wide of the Question on the Order Paper.

[Lord Martin of Springburn]

My Lords, the Minister mentioned decisions made by previous Governments. To his credit, David Blunkett, when he was Home Secretary, abolished vouchers which were being given to asylum-seeker families, which were undignified not only for the asylum seekers but for their children. I hope that a time when we are looking for savings we never go back to the voucher system that we had approximately 10 years ago. I can report that in many of the schools in Glasgow, the asylum-seeker children who came 10 years ago are now at university and in further education.

[Lord Henley]

My Lords, we accept that it is right that asylum support should be given. The important question is to decide what the rate should be. I think that the noble Lord would accept that when David Blunkett made decisions on these matters it was agreed that it should not be as high as the income support rate because asylum seekers were being looked after in other ways in terms of rent, rates and utility bills. If that is the case, obviously decisions have to be taken on what the rate should be. Obviously it should not be as high as the income support rate.