Refugees (Family Reunion) Bill [HL]

Lord Kerr of Kinlochard Excerpts

2nd reading
Friday 10th September 2021 Lords Chamber

[Lord Kerr of Kinlochard (CB)]

My Lords, I declare an interest as a trustee of the Refugee Council, where the noble Lord, Lord Dubs, did so much good work for so long. Let me embarrass him by revealing to the House and putting on the record that the Refugee Council now meets in Alf Dubs House—greatly to his embarrassment, which I hope I have now doubled.

I warmly welcome this Bill. I am confident that the House will support it, as it supported a similar Bill three years ago which the noble Baroness, Lady Hamwee, brought forward. We thought then the existing family reunion Bills were too narrowly drawn—harsher than those of most continental European countries—and they still are. They have not changed, and I am pretty sure that our views have not changed. I am therefore pretty confident about this Bill’s prospects in this House at least.

I now face a difficulty. All the arguments that I had intended to make have been made by the indefatigable noble Baronesses, Lady Ludford and Lady Hamwee, and in particular in the moving speech we have just heard from the noble Lord, Lord Griffiths, the saint of Burry Port. I therefore choose to cheat. I will use my time to ask the Minister five quick questions about Afghan refugees.

First, like the noble Baroness, Lady Ludford, I was very pleased to hear Victoria Atkins announce that all the ARAP and ACRS arrivals would be given indefinite leave to remain. That is excellent, and we should congratulate the Home Secretary on that decision. However, I understand that the early arrivals under the ARAP scheme were given only temporary leave to remain; not all of them are aware of the difference that makes to their entitlements. I hope the anomaly will be corrected soon and that they will receive immigration advice on the significance of the correction.

Secondly, I was also delighted to learn that the DWP is deploying staff to the hotels where the refugees are held in quarantine, from which they will move as they bridge towards permanent accommodation. When will that deployment start? At present, these newly arrived people are deprived of any cash and the ASPEN cards they need to get cash. They are unable to purchase the sort of essentials they have not been given, such as medicines, toiletries, sanitary products, nappies and the sort of things that a family in temporary accommodation—locked up if they are in quarantine—badly need. The voluntary sector is trying to fill this gap at the moment; when the Government close the gap, which I am sure they will, our welcome will seem much the warmer.

Thirdly, when will details of the ACRS be published? I am sure a lot of local authorities will be willing to take part, but they do not know what they are going to be taking part in yet. They cannot come forward because no details have been provided yet about funding levels or the rules.

Fourthly, can I ask about the numbers under the ACRS? We are told that 20,000 will be accepted, but over what timescale? I have seen four years, five years and the worryingly vague “in the coming years”—those words were used in the other place. Over how long will it be? Where are the 15,000 supposed to hide in the interim? Are they hiding in Afghanistan? Are they in transit camps? Would their chances of integrating—of settling into the community here when they arrive—not be greater the sooner they get here? Could we not consider frontloading the 20,000? Why are we saying only 5,000 in the first year?

Lastly, what about the 3,200 Afghan asylum seekers already here in this country when mayhem broke out in theirs? It is now impractical—and, of course, it would be extraordinarily immoral—to send them back. Could we not consider that the most humane course would be to expedite their cases to reach decisions as soon as we can and leave them in their present limbo no longer? I support the Bill.

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank the noble Baroness, Lady Ludford, for outlining her Bill on this very important and, as she and other noble Lords have noted, sadly timely issue, and all noble Lords who have taken part for their many thoughtful and passionate contributions to the debate. This is not a party-political issue, as the participation of my noble friend Lord Cormack makes clear, as does his recalling the record of Edward Heath’s Government in the protection that they afforded those expelled by Idi Amin in the 1970s. I am glad to listen to contributions from whatever corner of your Lordships’ House, as I am to hear quotations, whether from Ronald Reagan or the red suffragette, as the noble Baroness, Lady Chakrabarti, put it, although I am pleased to note that Sylvia Pankhurst’s sister and mother both joined the Conservative Party, a point that fills me with pride as I walk past the statue of the latter on my way to your Lordships’ House every day.

The noble Baroness, Lady Ludford, and others have indeed anticipated some of the points that I might make, and if I repeat them it is not out of disrespect to them and the arguments that they have advanced but because there are in this well-rehearsed area some instances where we differ in our conclusions and our assessments for very sincere reasons.

I have listened to the concerns raised about people separated from their family members by conflict or oppression. Nobody could fail to be moved by the thought of close family living in conflict zones or dangerous situations. That is why the Government strongly support the principle of family unity and why we already have a comprehensive framework for the family members of people who are granted asylum to be reunited here. It is set out in the Immigration Rules and our family reunion policy, rather than primary legislation.

The Government’s policy recognises that families can become fragmented because of the nature of conflict and persecution and the speed, manner and confusion in which people seeking asylum are often forced to flee their country of origin. Our policy is intended to allow those currently recognised as refugees or granted humanitarian protection in the UK to sponsor immediate family members to join them here. Immediate family members are defined in the Immigration Rules as a spouse or partner and children under the age of 18 who formed part of the family unit before their refugee sponsor fled their country of origin or former habitual residence to claim asylum in the UK. That policy has seen more than 30,000 people reunited with their refugee family members in the past five years.

There are also rules in place for the extended family of refugees in the UK to sponsor children where there are serious and compelling circumstances, and refugees can also sponsor adult dependent relatives living overseas to join them where, due to age, illness or—to follow the point raised by the noble Baroness, Lady Hollins—disability, that person requires long-term personal care that can be provided only by relatives in the UK. In addition, our policy makes clear there is discretion to grant visas outside the Immigration Rules, which caters for extended family members in exceptional circumstances —for example, young adult sons or daughters who are dependent on family here and living in dangerous situations. Combined, therefore, our rules and existing policy offer a comprehensive but balanced package of opportunities to ensure that immediate families can be reunited while providing routes for broader reunification based on compelling or exceptional need.

There is no fee to make an application for refugee family reunion and the sponsor in the UK does not need to meet financial or maintenance requirements. This is important to ensure that their family can be reunited with them here in the UK, but it means that the policy must also be considered in terms of public resources. The noble Baroness’s Bill would allow potentially tens of thousands of extended family members to be entitled to come to the United Kingdom, many of whom might not have protection needs in their own right, with challenging implications for our local authorities and public services. We are a generous nation, but we need to ensure that our resources, which, like those of any nation, are not infinite, are focused on helping the most vulnerable.

Significantly expanding our policy to enable children to sponsor family members goes against our safeguarding responsibilities. It would undoubtedly risk more children being encouraged, or even forced, to leave their family and risk hazardous, potentially life-threatening, journeys to the UK, potentially in the hands of criminal gangs.

[Lord Kerr of Kinlochard (CB)]

I feared that the pull factor would emerge. It is really plausible? Let us suppose that the Bill of the noble Baroness, Lady Ludford, had already passed and was on the statute books. Here we are around the supper table in Kandahar: Father says, “Little Omar, you must set out tonight over the hills. You must get yourself to Britain, because that is the way we will get in—you will sponsor us.” Is it really plausible? As a number of speakers have pointed out, when the EU Committee looked at the question, we could find absolutely no evidence that the pull factor had ever operated or was operating now. Why does the Minister keep citing it?

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, we have safe and legal routes, such as the vulnerable persons relocation scheme that we set up in relation to Syria and the scheme in relation to Afghanistan, which noble Lords have drawn attention to today.

The noble Baroness, Lady Ludford, asked about paragraph 319X. Our rules are designed to cater for immediate family, but we have rules in place, such as paragraph 319X, to allow extended family to reunite where there are compelling circumstances. This is an important test to ensure that children come to the UK only where it is in their best interest. Her Bill would also reinstate legal aid in family reunion cases. We are committed to providing clear guidance and application forms to support people through the family reunion process. Legal aid is paid for by taxpayers and, again, resources are not limitless. It is important that it is provided to those who need it most, including those who claim asylum. Significantly, legal aid for refugee family reunion may already be available under the exceptional case funding scheme. In 2019, the Government amended the scope of legal aid so that separated migrant children are able to receive civil legal aid for applications by their family members and extended family members. This includes entry clearance, leave to enter, or leave to remain in the UK, made under the Immigration Rules or outside the rules on the basis of exceptional circumstances or compassionate and compelling circumstances.

As I have set out, our family reunion policy is designed to welcome the immediate family members of those recognised as requiring our protection here in the UK, but we also provide protection to the most vulnerable people direct from regions of conflict and instability. Sadly, global humanitarian need continues to grow, with over 82 million people around the world forced from their homes and around 25 million refugees. Noble Lords have spoken of the importance of safe and legal routes, as the noble Baroness, Lady Hamwee, just did in her intervention. The UK’s generous resettlement schemes are an integral part of our response to this challenge, addressing the needs of some of the most vulnerable refugees and providing safe and legal routes for tens of thousands of people to start new lives here in the United Kingdom.

As noble Lords mentioned, the Government also recently set out plans to introduce an Afghan citizens resettlement scheme. I am grateful to those noble Lords who welcomed it and who showed their appreciation for the work of my honourable friend Victoria Atkins, the Minister responsible. This will see 5,000 vulnerable people welcomed here in the next year, with up to 20,000 in the longer term. The noble Lord, Lord Kerr of Kinlochard, asked five specific questions about the ACRS. As they were detailed and slightly separate from the scope of the Bill, I hope he will forgive me if I commit to write with further detail, having spoken to my honourable friend and her team, as I know the work on this scheme continues. I commit to answering the five questions he posed.

[Lord Kerr of Kinlochard (CB)]

I quite understand. I am grateful to the Minister and I am happy that he should write. I was cheating a little, I agree—but I would be very grateful if he could convey to his colleagues the need to announce the details of the ACRS as soon as possible and the need to ensure the deployment of the DWP staff with the money cards out to the hotels as soon as possible.

[Lord Parkinson of Whitley Bay (Con)]

I am sure that my colleagues appreciate that, but I will certainly convey the feeling of your Lordships’ House today to them to underscore that.

In addition, the Mandate resettlement scheme resettles refugees who have a close family member in the UK who is willing to accommodate them.

The Government recently completed their review of safe and legal routes for protection claimants who are in the European Union, and went further by considering the routes available to those outside the EU as well, reflecting our new global approach to the immigration system. It included family reunion for unaccompanied children.

To inform our proposals, the Government carried out a comprehensive public consultation as part of the new plan for immigration consultation, which concluded on 6 May. We carefully considered responses to the consultation and laid a report in Parliament on 22 July, confirming that the UK wants to be bold and ambitious in the safe and legal routes it provides. On refugee family reunion, we will look to take further measures to ensure that our use of exceptional circumstances is clearer and more transparent. This will ensure that decision-makers have the right tools to make consistent decisions and that applicants will have greater transparency on how applications will be assessed.

The noble Baroness, Lady Ludford, asked about the case for increasing the age to 21. We committed to review the case for extending the age for children up to 21 in the consultation but decided not to take it forward. The Government feel that the current rules provide a generous route, with more than 30,000 people reunited in the last five years.

I thank noble Lords again for their contributions throughout this thoughtful, sincere and passionate debate. Although I fear we will disappoint the noble Baroness in relation to her Bill, we will continue to reflect on the points that have been made and the questions posed in considering our approach on this very important issue and look forward to further debate and discussion on them in the future.