Refugees (Family Reunion) Bill [HL]

Lord Murray of Blidworth Excerpts

2nd reading
Friday 18th October 2024 Lords Chamber

[Baroness Hamwee (LD)]

My Lords, perhaps I should start my speech with, “As I was saying,” given that this is the fifth such Private Member’s Bill from these Benches since 2017. My noble friend Lady Ludford introduced numbers 3 and 4.

I declare an interest as a trustee of a trust established by the noble Baroness, Lady Neuberger, which has introduced me to a number of young asylum seekers applying for funding to attend university. Like so many young refugees I have met, they have impressed me by their resilience and their determination to contribute to the UK.

The first purpose of the Bill is to provide in primary legislation, not just in amendable rules that can be changed without Parliament’s involvement or scrutiny, the rights of people who seek safety in the UK to be joined by their family. It is not enough to hope that the Home Office will use its discretion. The second purpose is to define “family”. It is an unambitiously narrow definition, in the hope that the Government will see this extension to enable children to sponsor immediate family to join them as modest and doable—she says looking straight at the Minister. The right to sponsor applies to people with protection status—that is, refugees—and those with humanitarian protection who are at real risk of harm if returned to their country of origin but not for the specific reasons which bring them within the refugee convention. I shall refer to them all as refugees. The third purpose is legal aid.

Since 2017, when the first Bill was introduced, the plight of refugees has not changed, nor have the UK’s moral obligations or the importance of family, which politicians continue to emphasise. However, the political context has not stayed still: the areas affected—afflicted —by conflict; the greater politicisation of immigration; the conflation of asylum and immigration; and small boats have succeeded the lorries and trains used by desperate asylum seekers. Last year, 7% of asylum claims were from unaccompanied children. The academic think tank UK in a Changing Europe reports that 33% of the public think that the figure is not 7% but 40% or more. There is a huge leadership role for government to be clear here.

This Bill sits squarely within calls for safe routes for refugees; I acknowledge that we have some, mostly very specific. I acknowledge that, under the new Government, families separated during the evacuation from Kabul airport will benefit from an expansion of the ACRS and that a child evacuated without his parents will be able to make a referral to relocate them or—GOV.UK says “or”—his siblings. But there is so much more to do to put safe routes in place.

Today is Anti-Slavery Day. We know the dangers of being in the hands of traffickers—a very real risk for children alone—and of extreme exploitation. The organisation Missing People is clear that being missing very often means harm. I hope the noble and learned Baroness, Lady Butler-Sloss, with her experience, will expand on this. Her report seven years ago found that closing off safe routes feeds the trafficking and smuggling networks.

Last year the Justice and Home Affairs Committee of your Lordships’ House, which I had the privilege of chairing, published a report on family migration. We were all affected by the evidence about children seeking asylum. A young Eritrean reached the UK alone after the sort of journey that is hard to imagine. His brother made it to Libya, which is not a good place to find yourself; he was picked up by traffickers. His sister was picked up at the border of Egypt and imprisoned there for two years. That committee is one of a number—in the Commons too—to have called for an extension to family reunification.

The Government’s response was:

“Our policy is not designed to keep child refugees away from their parents, but in considering any policy we must think carefully about the wider impact to avoid putting more people unnecessarily into harm’s way”.


Well, they are in harm’s way at home. There are plenty of “push factors”, but that Government often deployed the “pull factor” argument. As the noble Lord, Lord Kerr of Kinlochard, has said, it is “inherently implausible”. That Government’s attempts at deterrence in other contexts were not notably successful. We cannot prove a negative, but various respected organisations have reported that they cannot find support for the contention. It does not seem to me a compelling argument; indeed, there is evidence of children not wanting the Red Cross to trace their family in their country of origin for fear of endangering them.

What is compelling is the importance of family. They may not always be perfect, but being separated from your parents in childhood tends to have a significant impact on your mental health and well-being, indeed your very development. I know that other noble Lords will refer to the Convention on the Rights of the Child, as well as the European Convention on Human Rights. Siblings, too, are hugely significant; what a difference it must make in a strange country if you are with your brother or sister.

Our rules reflect a very westernised view of family. In many cultures, it is common for children of both sexes to live with their parents until marriage, and for three or four generations to stay together as a unit. Dependants are not as limited a cohort as we think of them. I have been urged to add more relatives to the list, and I well understand that; my own aunts were hugely important to me. I have said that the Bill is deliberately unambitious but, under it, the Secretary of State could add to the categories: criteria would include risk to physical, emotional or psychological well-being, and the interests of the child. I have heard the term “unexpressed grief” in connection with mental health, and “the freedom to be a child”.

There are benefits to society of supporting the integration of refugees. A moment’s thought will confirm what being settled means, in the non-technical sense, for refugees and for the rest of the population. It means stability; you can focus and achieve. If you are a child, you can focus on your education rather than being one of those described as “challenging” because you are always on edge, hoping your mother might be able to phone you.

Would there be a cost to the UK? Common sense tells me the contrary. Parents can take care of their children. We all know of the costs to local authorities of looking after children they are required to accommodate and support.

[Lord Murray of Blidworth (Con)]

Will the noble Baroness give way?

[Baroness Hamwee (LD)]

I am time limited, like others, but I give way.

[Lord Murray of Blidworth (Con)]

Perhaps the noble Baroness could inform the House how many people she envisages, on an annual basis, would be granted refugee family reunion status under these measures.

[Baroness Hamwee (LD)]

I will not go into that now; I do not have it in my speech. I am time limited and conscious of other people’s need for that time. I will happily tell the noble Lord later. From the tone of that question, he obviously opposes what I am saying. I will go into that with him later, but he does not have his name down to speak.

In 2018 the UK Government requested information from EU member states about the impact of their family reunion policies. The UK is quite an outlier in Europe. There was little assessment about public services or the costs to Governments, but Italy reported that it had seen no financial effect on public resources. If the noble Lord who has just intervened is worried about numbers, he might think about costs, which are another factor. I can tell the noble Lord that the Refugee Council and Safe Passage estimate an additional 240 to 750 visa grants—not sponsorships—a year.

I turn lastly to legal aid. Yes, of course, there is a shortage of lawyers, but family reunion needs to be in scope. Exceptional case funding is so exceptional as to be well-nigh invisible. The current rules are a maze, almost impenetrable to applicants and to many lawyers.

I urge noble Lords to see this Bill all the way through, and the Government to accept what it provides. At the last iteration, the Labour Front Bench was very supportive. I will not name the spokesman for fear of embarrassing him, but he was very senior.

I have received a lot of support from outside the House. The International Rescue Committee says that it

“welcomes and strongly endorses this Bill which would see children and young people, who have fled conflict and persecution, finally reunited with their loved ones in the UK”.

In 2020, 14 children from a London primary school who had read the book The Boy at the Back of the Class—I commend it to noble Lords—told me how sad they were about the plight of lone refugee children. The boy at the back of the class was an unaccompanied asylum seeker. They were happy, though, that the book had a happy ending. In fact, the fiction involved the intervention of the late Queen Elizabeth. One child wrote:

“It must be very scary … to be in a big new country surrounded by new people. A strong country like ours can help”.


I beg to move.

Refugees (Family Reunion) Bill [HL]

Lord Murray of Blidworth Excerpts

Committee stage
Friday 17th January 2025 Lords Chamber

Moved by

[Lord Murray of Blidworth]

1: Clause 1, page 1, line 2, leave out “must, within 6 months of this section coming into force” and insert “may”

[Lord Murray of Blidworth (Con)]

My Lords, in moving Amendment 1, which is tabled in my name, I will speak in support of the other amendments in this group, all of which relate to Clause 1.

It is worth pointing out in a sentence that the present position under Appendix FM of the UK Immigration Rules is that a person granted refugee or protection status is entitled to make an application for family members to join in two circumstances. Depending on eligibility requirements, they must be a partner—that is, someone in a genuine relationship—or a child under the age of 18 who is not married or in a civil partnership. That is the present legal position. This Bill would have the effect of broadening that application, and we are going to look at that in a second.

At the Second Reading of this Bill, which was held on 18 October, I intervened on the noble Baroness, Lady Hamwee, to ask whether she could inform the House of how many people she envisaged would be granted refugee family reunion status on an annual basis under this Bill. Her answer was:

“I will not go into that now; I do not have it in my speech. I am time-limited and conscious of other people’s need for that time. I will happily tell the noble Lord later”.—[Official Report, 18/10/24; col. 360.]


I have yet to be told how many people the noble Baroness envisages would be admitted on an annual basis under these measures.

Clause 1(1) provides that:

“The Secretary of State must, within 6 months … lay … a statement of changes in the … ‘immigration rules’”.


That would have the effect, as per the wording in subsection 1(3), of requiring that there be leave to

“enter and remain in the United Kingdom for family members of a person granted protection status”.

Nothing in that clause suggests that there is any control on the number of people who may be admitted.

The term “family members” is specifically defined in Clause (1)(5)(a), which provides that it includes a person’s

“parent …. spouse, civil partner or unmarried partner … child, including adopted child, who is either … under the age of 18 or … over the age of 18, but dependent on the person… sibling, including adoptive sibling”.

Clause (1)(5(b) states that it includes:

“such other persons as the Secretary of State may determine, having regard to … the importance of maintaining family unity … the best interests of a child … the physical, emotional, psychological or financial dependency between a person granted protection status and another person … any risk to the physical, emotional or psychological wellbeing of a person who was granted protection status”,

and

“such other matters as the Secretary of State considers appropriate”.

This is possibly the most expansive definition of “additional family member” that could be conceived.

My amendments are targeted to address that issue in the Bill. The reason for this is that, clearly, the admission of refugees’ additional family members to this country places a strain on domestic limited resources, including accommodation, financial support, education facilities and medical facilities. As the House of Lords Library briefing noted, since 2015, some 64,000 additional family members have been admitted under the present scheme. I suggest that, under these proposals, that number would be multiplied very many times.

--- Later in debate ---

[Baroness Butler-Sloss (CB)]

I ask the noble Lord, who I think has also put forward Amendment 14, whether children who have been formally adopted are contained within the Immigration Rules?

[Lord Murray of Blidworth (Con)]

Appendix FM, as I understand it—although I would have to check—does allow for an application to be considered by the Home Office in respect of a formally adopted child. But I am sure the Minister can confirm, or otherwise, in relation to that.

[Baroness Jones of Moulsecoomb (GP)]

Given that the last Government did not set up safe, legal routes and actually encouraged the small boats, does the noble Lord have no shame in actually suggesting that this will do the same?

[Lord Murray of Blidworth (Con)]

Well, I am afraid that the noble Baroness is wrong: there are a number of safe and legal routes, as she will hear in a moment from the Minister. We are part of the UK resettlement scheme and there are a number of other routes, including the Ukraine family scheme and the Hong Kong scheme: these are all safe and legal routes. So I have absolutely no shame in standing here and asserting that this Bill would be contrary to the interests of this country.

--- Later in debate ---

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I regret that I was not here for Second Reading, but my Green Party colleague, my noble friend Lady Bennett, was.

I absolutely oppose all these amendments. I have been at debates on a couple of Bills in this Session where the Conservative Peers have been, I would say, playing games. That does not show respect to your Lordships’ House.

[Lord Murray of Blidworth (Con)]

Shame.

[Baroness Jones of Moulsecoomb (GP)]

The noble Lord, Lord Murray, gave me a very sneaky answer earlier. If he is a distinguished lawyer, I can see how he might win cases by being sneaky like that. He knows very well—look, he is laughing.

--- Later in debate ---

[Lord Murray of Blidworth (Con)]

That is unparliamentary language.

[Baroness Jones of Moulsecoomb (GP)]

Is it? I do not think it is.

[Baroness Jones of Moulsecoomb (GP)]

The noble Lord has had his say.

The noble Lord, Lord Murray, knows very well that when I say “safe and legal routes”, I mean for any and every nationality—not just the few that the previous Government thought were acceptable to come to Britain.

Also, if noble Lords are rude enough to go over the advisory time limit and show disrespect to the Committee, perhaps their microphones should be turned off.

On the other Bills I mentioned, the Conservatives have been filibustering. They have been making some of these Bills quite unpleasant to sit through when one cares about the issue at hand. Personally, I agree completely with the noble Lord, Lord Kerr, even though he did not give way to me. He is absolutely right that this is petty bickering; I really cannot stand it. We need safe and legal routes. The previous Government did not give us those routes for all nationalities, which means—

[Lord Murray of Blidworth (Con)]

Will the noble Baroness give way?

[Baroness Jones of Moulsecoomb (GP)]

No; I will give way in a moment—perhaps.

[Lord Murray of Blidworth (Con)]

Will the noble Baroness give way?

[Baroness Jones of Moulsecoomb (GP)]

No. The previous Government actually encouraged the small boats. They encouraged people to come by routes that were not safe.

The Green Party supports this Bill. It is time to remove the barriers so that desperate children can be reunited with their families in safety.

--- Later in debate ---

I think I have got to the end of the amendments included in this group. I hope I have, albeit in very shortened form, answered the points that have been made. I cannot accept any of the amendments in the group.

[Lord Murray of Blidworth (Con)]

My Lords, I shall be very brief. I thank all noble Lords who have spoken in this interesting debate on this group of amendments, particularly the noble Baroness, Lady Hamwee, who, with her customary elegance, has outlined her response to the amendments. I am particularly glad to note that we agree on the importance of integration in relation to additional family members—if not on too much else.

I am also pleased to note that I agree entirely with the noble Lord, Lord Kerr, on his matter of principle that the detail should be in the Immigration Rules. That is one of the reasons why I, like the Government, oppose the Bill in total. But, if we are to have the Bill, I suggest that we need the amendments. As I understand it, the Government remain against the Bill, notwithstanding the very elegant tightrope on which the Minister trod.

I thank the noble Lord, Lord German, for his speech. Possibly one might have thought, from listening to it, that the purpose of the Bill was solely in relation to children, but of course we can see that Clause 1(3) relates to family members of

“a person granted protection status”.

So that is all people, not just those under 18.

To the question from the noble and learned Baroness, Lady Butler-Sloss, I agree with her too. I certainly do not intend by my amendments any alteration to the present scheme in Appendix FM. It works well and allows the Secretary of State to amend the scheme, which is the correct way that these things should be done.

Lastly, turning to the noble Baroness, Lady Jones, I obviously do not accept that the Government caused the small boats crossings; they sought very hard to address them and succeeded in bringing them down, and they brought in the Rwanda scheme to stop them. I still maintain that, had it been switched on, it would have achieved its deterrence objective, but that is a debate for another day. The noble Baroness suggested that the term “safe and legal routes” should be defined in the way she suggests: as a route open to anyone for application. I am afraid that that is not the meaning of safe and legal routes. It is a term used in statute and means just what it says on the tin: a route that is safe and legal.

This Government, and the previous Government, have welcomed a great many refugees: over half a million in the last 10 years, including refugees from Ukraine, Hong Kong and Afghanistan. These are great things that we can all be proud of. However, through these amendments I say that the Bill would unfortunately overwhelm our resources to deal with this sort of migration. With that, I will withdraw my amendment.

[Baroness Jones of Moulsecoomb (GP)]

I would like to apologise to the noble Lord, Lord Murray, for being so rude about him. I like to think that I speak the truth, but sometimes the truth verges on utter rudeness, and I am extremely sorry for saying that.

[Lord Murray of Blidworth (Con)]

I am very grateful. I beg leave to withdraw my amendment.

Amendment 1 withdrawn.